July 24, 2012 Planning Commission Agenda

Print Edition

AGENDA
HUNTINGTON BEACH PLANNING COMMISSION

TUESDAY, JULY 24, 2012

HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET
HUNTINGTON BEACH, CALIFORNIA 92648

CHAIR JANIS MANTINI

VICE-CHAIR MARK BIXBY

COMMISSIONER ELIZABETH SHIER BURNETT
COMMISSIONER ERIK PETERSON

COMMISSIONER BLAIR FARLEY
COMMISSIONER BARBARA DELGLEIZE

COMMISSIONER TIMOTHY J. RYAN

DIRECTOR OF PLANNING AND BUILDING, SCOTT HESS, AICP
LEGAL COUNSEL, MIKE VIGLIOTTA
PLANNING MANAGER, HERB FAULAND

THE 7:00 PM PORTION OF THE MEETING IS TELEVISED LIVE ON CABLE TV CHANNEL 3. DVDS OF MEETINGS ARE AVAILABLE FOR PUBLIC CHECKOUT AT THE CENTRAL LIBRARY. COPIES OF STAFF REPORTS AND/OR WRITTEN MATERIALS ON EACH AGENDA ITEM ARE ON FILE IN THE PLANNING AND BUILDING DEPARTMENT, THE CENTRAL LIBRARY AND ON THE CITY'S WEBSITE (WWW.SURFCITY-HB.ORG) FOR PUBLIC INSPECTION. ANY PERSON HAVING QUESTIONS ON ANY AGENDA ITEM MAY CALL THE PLANNING AND BUILDING DEPARTMENT TO MAKE AN INQUIRY CONCERNING THE NATURE OF THE AGENDA ITEM AT (714) 536-5271.

Planning Commission Agenda Information Sheet

The following is a brief explanation of the Planning Commission Agenda Structure:

AGENDA APPROVAL The Planning Commission will announce if any closed public hearing items will be re-opened and may wish to change the order of the items on the agenda.

PUBLIC COMMENTS (FILL OUT REQUEST TO SPEAK FORM) Anyone wishing to address the Planning Commission, only on items not on tonight's agenda, must fill out and mark the appropriate box and submit a form to speak prior to Public Comments. Please be advised that testimony provided on Public Hearing items during Public Comments are not part of the permanent entitlement record. The speaking forms are available at the lower entrance to the Council Chambers. Give the form to the Secretary. Staff will call all speakers by name. There is a four-minute time limit per speaker. Time may not be donated to another. All proceedings are recorded. No action can be taken by the Planning Commission on these comments on this date, unless agendized.

PUBLIC HEARING ITEMS (FILL OUT REQUEST TO SPEAK FORM) Public hearings allow citizens the opportunity to speak in favor or against specific items. More detailed information on public hearings may be found on the page attached to the back of this agenda. Complete the form by marking the appropriate box and indicating the hearing item you wish to provide testimony on. Please note if the public hearing items have been closed or are still open for testimony. The agenda and staff report will indicate if the public hearing is open or closed. The Planning Commission at their discretion may re-open a closed public hearing and the Commission will make the announcement during Agenda Approval. The speaking forms are available at the lower entrance to the Council Chambers. Give the form to the Secretary. Staff will call all speakers by name. There is a four-minute time limit per speaker. Individuals may choose to donate their 4 minutes of time to another speaker, and the maximum time donation limit is 8 minutes (2 individuals), for a total of 12 minutes per speaker. Individuals who donate time must be present when the item is being discussed. All proceedings are recorded. If you have documents to distribute, there should be enough copies for all Planning Commissioners, staff, and the public. The documents become part of the public record and will not be returned.

CONSENT CALENDAR Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all items listed under the CONSENT CALENDAR.

NON-PUBLIC HEARING ITEMS These items are considered by the Planning Commission separately and require separate motions. These transactions are considered ministerial and public testimony is not heard.

PLANNING COMMISSION ITEMS / INQUIRIES Items of business or concern are presented by Planning Commissioners and discussed with staff. Informational updates and reports are made by Commissioners who serve as liaisons to various committees.

PLANNING ITEMS Updates and reports from the Planning and Building Director for the information of the Planning Commission and the public.

Adjournment

6:00 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL)

CALL PLANNING COMMISSION MEETING TO ORDER

ROLL CALL: Shier Burnett, Peterson, Bixby, Mantini, Delgleize, Farley, Ryan

AGENDA APPROVAL

A. PROJECT REVIEW (FUTURE AGENDA ITEMS)

A-1. MITIGATED NEGATIVE DECLARATION NO. 11-007/COASTAL DEVELOPMENT PERMIT NO. 11-012/CONDITIONAL USE PERMIT NO. 11-021/VARIANCE NO. 11-005/DESIGN REVIEW NO. 11-015 (PIERSIDE PAVILION EXPANSION) - Ethan Edwards, Associate Planner


B. STUDY SESSION ITEMS - NONE

C. PUBLIC COMMENTS - Regarding Project Review and Study Session portions of Meeting

Anyone wishing to speak on Project Review or Study Session items during PUBLIC COMMENTS may do so by filling out a Request To Speak form and giving it to the Secretary. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)

D. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) - Herb Fauland

E. PLANNING COMMISSION COMMITTEE REPORTS

F. PLANNING COMMISSION COMMENTS

6:30 P.M. - RECESS FOR DINNER

7:00 P.M. - COUNCIL CHAMBERS

CALL PLANNING COMMISSION MEETING TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL: Shier Burnett, Peterson, Bixby, Mantini, Delgleize, Farley, Ryan

AGENDA APPROVAL

A. PUBLIC COMMENTS

Anyone wishing to speak during PUBLIC COMMENTS must fill out and submit a form to speak. The Planning Commission can take no action on this date, unless the item is agendized. Anyone wishing to speak on items not on tonight's agenda, a closed public hearing item, or on non-public hearing items may do so during PUBLIC COMMENTS. Please note comments on closed public hearing items will not be part of the permanent entitlement record. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS)

B. PUBLIC HEARING ITEMS

Anyone wishing to speak during an open PUBLIC HEARING must fill out and submit a form to speak. The public may address the Planning Commission only during the open PUBLIC HEARING items or during PUBLIC COMMENTS. Please review the agenda to determine whether the PUBLIC HEARING item is open or closed. If the PUBLIC HEARING on an item is closed, you will not be permitted to speak during that portion of the agenda and may wish to address your concerns during the PUBLIC COMMENTS portion of the agenda. Speakers on items scheduled for PUBLIC HEARING will be invited to speak during the public hearing. (4 MINUTES PER PERSON, WITH A MAXIMUM TIME DONATION OF 8 MINUTES, FOR A TOTAL OF 12 MINUTES PER SPEAKER)

PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action.

B-1. ZONING TEXT AMENDMENT NO. 12-02 (PARK FEE) Applicant: City of Huntington Beach Property Owner: Not Applicable Request: To: 1) amend Chapter 254 (Dedications and Reservations) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to delete the site-specific-appraisal approach for determining park in lieu fees for residential projects that require tentative maps and replace it with standard citywide fees and incorporate other related changes; and 2) delete Section 230.20 of the HBZSO pertaining to park fees for projects not requiring a tentative map. Location: Citywide Project Planner: Ricky Ramos

STAFF RECOMMENDATION: Motion to: "Continue Zoning Text Amendment No. 12-02 to the August 14, 2012 meeting with the public hearing to be opened at staff's request."

B-2. ENTITLEMENT PLAN AMENDMENT NO. 12-005 and DEVELOPMENT AGREEMENT NO. 12-001 (AMENDMENTS TO CONDITIONAL USE PERMIT NO. 02-20/TENTATIVE TRACT MAP NO. 16338 AND TO ENTER INTO A DEVELOPMENT AGREEMENT - PACIFIC CITY) Applicant and Property Owner: Chaim Elkoby, 21002 HB, LLC, 2200 Biscayne Boulevard, Miami, FL, 33137 Request: EPA: To amend the conditions of approval for Conditional Use Permit No. 02-20, Special Permit No. 02-04, Coastal Development Permit No. 02-12, and Tentative Tract Map No. 16338 for the Pacific City project. The Pacific City project is approved for 191,100 square feet of retail, office, restaurant, cultural, and entertainment uses; an eight-story 250 room hotel, spa, and health club; a 2.03 acre open space/park easement; and 516 multifamily residential units above subterranean parking. The applicant proposes to amend conditions of approval pertaining to affordable housing (TTM: No. 2.b.), school impact mitigation requirements (TTM: No. 3.g.), park land in-lieu fee requirements (TTM: No. 11.), project phasing (CUP: No. 3.), and description of public open space amenities (CUP: No. 6.c.). DA: To enter into a development agreement between the City of Huntington Beach and 21002 HB, LLC for a term of 10 years for the Pacific City project. The applicant requests the development agreement to provide assurances that the land use designations and development standards are vested, to establish that a delay fee will be paid to the City if more than 50 percent of the residential units are constructed prior to construction of the retail or hotel components of the project, to establish future condominium sale provisions, and to establish affordable housing provisions for the project. Location: 21002 Pacific Coast Highway, 92648 (bounded by Pacific Coast Highway, First Street, Atlanta Avenue, and Huntington Street) Project Planner: Jane James, Senior Planner


STAFF RECOMMENDATION: Motion to: "Approve Entitlement Plan Amendment No. 12-005 with findings and suggested conditions of approval and approve Development Agreement No. 12-001 with findings for approval (Attachment No. 1) and forward Draft Ordinance (Attachment No. 2) to the City Council for adoption."

C. CONSENT CALENDAR - NONE

D. NON-PUBLIC HEARING ITEMS

D-1. GENERAL PLAN CONFORMANCE NO. 12-003 (CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2012/13 Applicant: City of Huntington Beach Public Works Department Property Owner: City of Huntington Beach Request: To determine if the 2012/13 Capital Improvement Program (CIP) is in conformance with the goals, objectives, and policies of the General Plan. The 2012/13 CIP is a list of proposed projects recommended for planning, initiation, or construction during the next fiscal year. Location: Citywide Project Planner: Rosemary Medel


STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1662, approving General Plan Conformance No. 12-003 with findings (Attachment Nos. 1 and 2)."

E. PLANNING ITEMS

E-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
E-2. CITY COUNCIL ITEMS FOR NEXT MEETING
E-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING

F. PLANNING COMMISSION ITEMS

F-1. PLANNING COMMISSION REQUEST ITEMS - NONE

F-2. PLANNING COMMISSION COMMENTS

Commissioner Shier Burnett -
Commissioner Peterson -
Vice-Chairperson Bixby -
Chairperson Mantini -
Commissioner Delgleize -
Commissioner Farley -
Commissioner Ryan -

ADJOURNMENT: Adjourn to the next regularly scheduled meeting of Tuesday, August 14, 2012.

Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission is final unless an appeal is filed to the City Clerk by you or by an interested party. Said appeal must be accompanied by a filing fee of One Thousand, Seven Hundred Sixty-Three Dollars ($1,763.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Three Eighty-Three Dollars ($3,383.00) if the appeal is filed by any other party. The appeal shall be submitted to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action.

Copies of staff reports and/or written materials on each agenda item are on file in the Planning and Building Department and on the City's website (http://www.huntingtonbeachca.gov/), for inspection by the public. A copy of the agenda packet is also available at the Central Library (7111 Talbert Avenue).

DVDs OF MEETINGS ARE AVAILABLE FOR PUBLIC CHECK OUT AT THE CENTRAL LIBRARY, AND FOR DUPLICATION SERVICES IN THE CITY CLERK'S OFFICE.

HUNTINGTON BEACH PLANNING COMMISSION
Public Hearing Procedures

This statement has been prepared to provide a better understanding of the procedures for public hearings before the Planning Commission.

Regular meetings of the Planning Commission are held on the second and fourth Tuesdays of each month beginning at 5:15 p.m. in Room B-8 for a study session and then at 7:00 PM in the Council Chambers. Adjourned meetings, special meetings, and Study Sessions may be scheduled at other times.

Planning Commission proceedings are governed by the Planning Commission By-Laws, Robert's Rules of Order and the Brown Act. The following is the typical sequence of events on public hearing items:

A. The Chairperson shall announce the item and if the public hearing is open or closed.

B. The Planning Commission shall disclose any discussions, conversations, etc., with applicants, applicant's representatives or property owners.

C. The staff report is presented.

D. Questions by the Planning Commission concerning the staff report may be answered at this time.

E. The public hearing is opened by the Chairperson.

F. The applicant or appellant is given an opportunity to address the Commission. Time is not limited but left to the Chairperson's discretion.

G. Public Comments: Staff will call all speakers by name. Please proceed to the podium. Individuals favoring and opposing the proposal are given an opportunity to address the Commission (up to four (4) minutes), or may choose to donate their time to another speaker if the "Request to Speak" form is filled out and given to the Secretary. A speaker who addresses the Commission on behalf of individuals who donate time are allowed a maximum of 12 minutes. Individuals who donate time must be present when the item is being discussed. Please state your name before addressing the Commission.

H. The Commission may ask questions of speakers addressing the Commission.

I. The public hearing is closed.

J. The Commission will deliberate the matter at this time.

K. The Commission then acts on the matter by continuing, approving, conditionally approving, or denying the petition.

The Planning Commission receives a staff report packet on the Tuesday preceding the meeting, allowing time to review each case and make further investigations in the field prior to the scheduled meeting.

Staff reports are available in the Planning and Building Department, the Central Library and on the City's website (www.surfcity-hb.org) anytime on Wednesday preceding the Tuesday Planning Commission meeting.

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