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HomeMy WebLinkAboutGeneral Plan Conformance GPC2005006 - Supporting Documents0 AGENDA-0 HUNTINGTON BEACH PLANNING COMMISSION 0 TUESDAY, SEPTEMBER 13, 2005 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET HUNTINGTON BEACH, CALIFORNIA 92648 • JA • 0 HUNTINGTON BEACH CHAIR STEVE RAY VICE-CHAIR ROBERT DINGWALL COMMISSIONER FLOSSIE HORGAN COMMISSIONER JOHN SCANDURA COMMISSIONER DEVIN DWYER COMMISSIONER TOM LIVENGOOD COMMISSIONER ELIZABETH BURNETT DIRECTOR OF PLANNING, HOWARD ZELEFSKY LEGAL COUNSEL, LEONIE MULVIHILL PLANNING MANAGER, SCOTT HESS, AICP PRINCIPAL PLANNER, HERB FAULAND THE 7:00 PM MEETING IS TELEVISED LIVE ON CABLE TV CHANNEL 3. VIDEO TAPES 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 DEPARTMENT AND THE CENTRAL LIBRARY FOR PUBLIC INSPECTION. ANY PERSON HAVING QUESTIONS ON ANY AGENDA ITEM MAY CALL THE PLANNING DEPARTMENT TO MAKE AN INQUIRY CONCERNING THE NATURE OF THE AGENDA ITEM AT (714) 536-5271. 0 PLANNIN•OMMISSION AGENDA INFORMA 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. ORAL COMMUNICATION (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 Oral Communication. Please be advised that testimon rdvided on Public Hearin items durin Oral Communications are not art of the ermanent 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 communications 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 ublic hearin items have been closed or are still o en for testimon . The a enda and staff re ort will indicate if the ublic hearin is o en or closed. The Plannin Commission at their discretion ma re-o en a closed ublic hearin and the Commission will make the announcement durin A enda A royal. 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. 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 administerial 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 Director for the information of the Planning Commission and the public. • • ADJOURNMENT GENDA • HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, SEPTEMBER 13, 2005 HUNTINGTON BEACH CMC CENTER 2000 MAIN STREET. HUNTINGTON BEACH. CALIFORNIA 92648 5:15 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan AGENDA APPROVAL A. PROJECT REVIEW FUTURE AGENDA ITEMS A-1. ZONING TEXT AMENDMENT NO. 05-01 RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT - Jason Kelley A-2. APPEAL OF ENTITLEMENT PLAN AMENDMENT NO. 05-11 TARGET - Paul Da Veiga B. STUDY SESSION ITEMS • B-1. PLANNING COMMISSION BY LAWS - Steve Ray B-2. PLANNING COMMISSION RULES & PROTOCOL - Steve Ray C. AGENDA REVIEW UPDATE ON ALL AGENDA ITEMS - Herb Fauland D. PLANNING COMMISSION COMMITTEE REPORTS E. PUBLIC COMMENTS - Regarding Study Session portion of Meeting Any one wishing to speak on study session items during PUBLIC COMMENTS may do so by filling out a Request To S eak form and ivin it to the Secxeta . 4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS F. PLANNING COMMISSION COMMENTS 6:30 P.M. - RECESS FOR DINNER • (05ag0913) 7:00 P.M. - COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL: Dwyer, Scandura, Dingwall, Ray, Livengood, Burnett, Horgan AGENDA APPROVAL A. ORAL COMMUNICATIONS Anyone wishing to speak must fill out and submit a form to speak. The Planning Commission can take no action on this date, unless the item is agendized. Any one 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 ORAL COMMUNICATIONS. 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 s ak durin the ublic hearin . 4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS B. PUBLIC HEARING ITEMS - NONE. Anyone wishing to speak 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 ORAL- COMMUNICATIONS.- 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 ORAL COMMUNICATIONS-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. C. CONSENT CALENDAR - NONE. D. NON-PUBLIC HEARING ITEMS D-1 a. GENERAL PLAN CONFORMANCE NO. 05-06 Lamb School - Ac uisition of Pro e for Park Pur oses - Jason Kelley STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1603 approving General Plan Conformance No. 05-06 with findings." D-1 b. GENERAL PLAN CONFORMANCE NO. 05-07 Wardlow School - Ac uisition of Pro e for Park Pur ses - Jason Kelley STAFF RECOMMENDATION: Motion to: "Adopt Resolution No. 1604 approving General Plan Conformance No. 05-07 with findings." E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS - NONE. • • • (05ag0913) I E-2. PLANNING MMISSION COMMENTS Commissioner Dwyer - Commissioner Scandura - Commissioner Dingwall - Commissioner Ray - Commissioner Livengood - Commissioner Burnett - Commissioner Horgan - F. PLANNING ITEMS 0 F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING F-2. CITY COUNCIL ITEMS FOR NEXT MEETING F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING ADJOURNMENT: Adjourn to the next regularly scheduled meeting of Tuesday, September 27, 2005. 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 in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of One Thousand Five Hundred Sixty-Eight Dollars ($1,568.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property, or Two Thousand Three Hundred Thirty-Five Dollars ($2,335.00) if the appeal is filed by any other party. The appeal shall be submitted to the City Clerk within ten 10 calendar da s of the date of the Plannin Commission's action. Copies of staff reports and/or written materials on each agenda item are on file in the Planning Department, for inspection by the public. A copy of the agenda packet is also available at the Central Library (7111 Talbert Avenue). VIDEO TAPES OF MEETINGS AVAILABLE FOR PUBLIC CHECK OUT AT THE CENTRAL LIBRARY, AND FOR DUPLICATION SERVICES IN THE CITY CLERK'S OFFICE. (05ag0913) HUNNGTON BEACH PLANNING COM ION 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. 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. Please state your name before addressing the Commission. H. The Commission may ask questions of speakers addressing the Commission. 1. The public hearing is closed. J. The Commission may discuss 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 Thursday 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 Department anytime on Friday preceding the Planning Commission meeting. • • *"Request to Speak" forms to address the Commission are available at the entrance to the City • Council Chamber and the Planning Department. The form is to be given to the Secretary. Staff will call all speakers by name. All proceedings are recorded. April 7, 2005 • o,^ 91 FOUNTAIN VALLEY SCHOOL DISTRICT 17210 Oak Street • Fountain Valley, CA 92708 • (714) 843-3200 • www.fvsd.kl2.ca.us nEC 1VED Ms. Mary Beth Broeren, Principal Planner CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 0 APRA 7 2005 City of Huntington Beach RE: Notice of Disposal of Property Owned by Fountain Valley School District Dear Ms. Broeren: Pursuant to our discussions of the past couple of weeks, this will confirm that the Fountain Valley School District has received the City's March 23, 2005 correspondence wherein the City informed the District of the application process associated with the City's General Plan Conformance procedure. As we first discussed, the School District first believed it would simply follow the application process as suggested, however, in discussing this matter further with its consultants, the School District believes that a more detailed course of action may be of best interest to the City and the School District. Specifically, LSA Associates, the School District's consultant related to seeking possible entitlements associated with the District's 10251 Yorktown and 9191 Pioneer Drive properties, has informed us that the City's General Plan Conformance review will certainly be made in reviewing School District proposals for the possible development of the properties, thereby rendering a General Plan Conformance review at this time superfluous. In short, this will confirm that the School District is reviewing its options regarding seeking entitlements for its surplus property sites in order to offer those sites for sale at auction, as entitled, in the event the School District does not dispose of its respective properties to applicable public agencies or non-profit corporations as prescribed by California law. The School District will communicate with the City of Huntington Beach in the event that any of its properties become poised for sale to any such applicable public agency or non-public corporation. Proceeding in this matter appears to best suit the circumstances surrounding the sale of the properties, while maximizing the City's planning involvement. The Fountain Valley School District looks forward to working with the City to develop its properties. Please do not hesitate to contact me should you have any questions or comments at this time. 0114 Barry D. Blade Assistant Superintendent Business Services Bbltr92 I s I uuul for ` _ ' = T TT TV..: JLEY SCHOOL DIS RI 17210 Oak Street • Fountain Valley, CA 92708 • (714) 843-3200 • www.fvsd.kl2.ca.us Penny Culbreth-Graft, City Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED Re: Dis oral of Pro e Interest Currentl , Owned b , Fountain Valle School District Dear Ms. Culbreth-Graft: Pursuant to California Government Code Section 65402(c), the Fountain Valley School District ("District") is hereby giving the Planning Department of the City of Huntington Beach notice that the District intends to sell approximately 14.2 acres of property which the District currently owns which is located at 10251 Yorktown Street, Huntington Beach, CA ("Property"). The District hereby requests that the Planning Department of the City of Huntington Beach submit a report to the District regarding the District's proposed disposal of the Property. Government Code Section 65402(c) provides that the failure of the Planning Department to submit a report within forty (40) days after this matter has been submitted to the Planning Department shall be conclusively deemed to be a finding that the proposed disposition of the Property is in conformity with the City's General Plan. Thank you for your cooperation in this matter. Very truly yours, Barry D. Blade, Assistant Superintendent Business Services RECEIVED MAR 2 2 2005 CITY AMINISTRATION O SE AE F 005633.00012/522862v1 FINDINGS FOR APPROVAL - GENERAL PLAN CONFORMANCE NO. 05-06: 1. The proposed acquisition of a portion of the Lamb Elementary School site is consistent with the following goals and policies of the General Plan: Land Use LU Polic 13.1.6: "Encourage surplus schools and other public properties to be made available first for other public purposes, such as parks, open space, adult or child care, and secondarily for reuse for private purposes and/or other land uses and development." This policy is consistent with State law in that the City and other public entities have priority to purchase or lease surplus school property. As a result, the City of Huntington Beach is proposing to purchase 2.6 acres of lighted playing fields to provide continuous recreational opportunities. Should other public entities with priority decline the offer to purchase the remaining 11.65 acres of the Lamb School site, the development of the site for private purposes with other land uses may be considered along with the approval of a general plan amendment and zoning map amendment. Recreation and Communit Service RCS Polic 2.1.3: "Require parkland acquisitions to be fiscally efficient and beneficial to the needs of the community." The City of Huntington Beach is proposing to purchase a 2.6-acre portion of the 14.25-acre Lamb School site for the purpose of maintaining recreational play fields and open space/parkland. Due to the deficiency in parkland within the community and the potential for additional homes, the 2.6-acre preservation of playfields and open space benefits the needs of the community. RCS Polic 5.1.1: "Review the parks and recreation facilities relationship with the local schools . The review should include: a. the concept of providing both school recreation facilities and park facilities at the same site; b. information submitted by the school districts regarding the financial and fiscal impacts to the school districts in preserving closed schools for park purposes without adequate compensation to the school district; c. the determination of each school's contribution in providing recreational opportunities to the neighborhood; and d. the identification of an "alternative" plan to provide the recreational opportunities in the event of a school closure." The City of Huntington Beach does not operate any recreational programs at the subject property, but did install lighting to accommodate evening recreational use. AYSO Group 117 currently utilizes the playing fields. The acquisition will provide continuous recreational opportunities within the community. (G\Planning Commission\NOA\05\GPC 05-06) Attachment 1.1 0 RESOLUTION NO. 1603 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THAT THE ACQUISITION OF A PORTION OF THE LAMB SCHOOL SITE TO BE IN CONFORMANCE WITH THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 05-06) WHEREAS, the Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property, nor dispose of any real property, nor construct a public building or structure in any county or city until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan; and WHEREAS, the City of Huntington Beach has declared its intention to acquire a 2.6-acre portion of the 14.26-acre Lamb Elementary School site, located at 10251 Yorktown Street (North side of Yorktown Street, between Brookhurst Street and Ward Street). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Huntington Beach as follows: SECTION 1: Under California law, the City of Huntington Beach has the opportunity to purchase and maintain use of the site for public purposes, such as a park or open space. SECTION 2: The City is proposing to acquire a 2.6-acre portion of the 14.26- acre Lamb School site for the purpose of providing playfields, open space/parkland for recreational uses. SECTION 3: Should other entities with priority decline to purchase the remaining 11.66-acres of the Lamb School site, the development of the site for other uses may be considered upon the approval of a general plan amendment and zoning map amendment. SECTION 4: The acquisition of a portion of the Lamb School site is in conformance with the goals and policies of the City's adopted General Plan. PASSED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the thirteenth day of September 2005. AYES: Dwyer, Scandura, Ray, Livengood, Burnett, Horgan NOES: Dingwall ABSENT: None ABSTAIN: None ATTEST: oward elefsky, Secretary Planning o ssion Chairperson (Reso 1603) •0L1Lamb School 2.6 AC c 0 POR. SW 1/4, NW. 1/4, 5EC. 5, T6S., R. /OW ,ao• ,ao,o ' TRACT O O 141 164 /76 199 238 O ®Q O P7/98lV /42 /63 ¢2 O W J 239 IA M3 /62 44 M4 /6l 145160 M6 /59 © 19 O 18 147 158 148 /57 /49 156 od I ,oz' W l/4 COR SEC 5-6-/00 O 16 / 0 /55 0d J 60 /5/ /54 II 14 ioo• /52133 12 13 yo ' BV a4' 199L' YORKTOWN /78 197 /79 /96 d O ® v 190 /95 /8/ 194 a Ig •0© O 241 245 i.N O 19 /82 183 /92 ® 184/91 ® 9O 16 246 /85 190 x ® 240 24/ 242 15 , 186 189 Z 10 M7 /88 700's '- erya@ n @ 80 08' 79 92' WALKWAY 90' MARCH /969 TR. NO. 4305 MM. /64-12 TO /8 INC. 24 27 60AA9 13 10. 46 AC. 248 AVENUE m W W NOTE - ASSESSOR'S BLOCK 8 ASSESSOR'S MAP PARCEL NUMBERS BOOK 155 PAGE 6 SHOWN IN CIRCLES COUNTY OF ORANGE 155-26 N Map produced by information contained in the City of Huntinqton Beach Information Services Department