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HomeMy WebLinkAbout1997-04-08MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 8,1997 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Agenda Review) MCDONNELL DOUGLAS PROPERTY MASTER PLAN (5.30 -6.15 RM - Herb Fauland HOLLY-SEACLIFF DEVELOPMENT AGREEMENT ARTERIAL HIGHWAY IMPROVEMENT SCHEDULE (6:15 - 6:30 PM) - Public Works REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker AGENDA APPROVAL .Anyone wishing to speak must fill out and submit a form to spear No action can be taken by the Planning Commission on this date, unless the item is agendized. Any one wishing to speak on items not on tonight's agenda or on non-public hearing items may do so during ORAL COMMUNICATIONS. 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) A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 APPEAL OF CONDITIONAL USE PERMIT NO 96-83 (FENCE EXTENSIONS APPLICANT: Gordon M. Watson, Country View Estates Homeowners Assn. APPELLANTS: Six (6) property owners within the Country View Estates Homeowners Assn. LOCATION: Tracts 11473 and 11805 (Country View Estates, south of Ellis Avenue, between Goldenwest and Edwards Streets). PROJECT PLANNER: Wayne Carvalho Transmitted for Planning Commission consideration is an appeal filed by six (6) property owners within the Country View Estates Homeowner's Association (Tracts 11473 and 11805) of the Zoning Administrator's denial of Conditional Use Permit No. 96-83, a request to permit two (2) foot, four (4) inch high fence extensions on top of existing woodcrete perimeter fencing approximately six (6) feet in height which are located adjacent to equestrian trails. The appellants appealed the Zoning Administrator's denial for the following reasons: The fence extensions are needed to provide adequate screening from riders and pedestrians utilizing the abutting equestrian trail which were installed at higher grades than originally planned. The abutting trail is one of the narrowest trails in the development, precluding the planting of any landscaping within the trail. Without the extensions, the safety, security and privacy to their homes are at risk. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 96-83 as originally requested by the applicant for the following reasons: • The fence extensions will not be detrimental to the general welfare of persons residing in the vicinity nor detrimental to the value of property and improvements in the area. • The fence extensions will serve as a buffer from riders and pedestrians utilizing the equestrian trails, and will only exist along rear yards abutting the trails. • The color and design of the fence extensions will be compatible with the existing fencing and surrounding equestrian use. • The fence extensions will not adversely affect the General Plan. Commissioner Chapman stated that he would be abstaining from taking action on this request due to a conflict of interest. PC Minutes - 4/8/97 (97PCM408) THE PUBLIC HEARING WAS OPENED. Andy Goetz, 6542 Trotter Drive, appellant, stated that the proposed request had been submitted to the Homeowners' Associations and the Architectural Committee and had been approved and supported by both. He stated that the residents are requesting the extensions for safety, security and privacy reasons. He stated that the horse trails are at a higher grade than the homes abutting them causing horse riders and pedestrians the opportunity to see into the backyards. He also stated that the extensions are architecturally stable. Peter Whittington, 6592 Trotter Drive, spoke in support of the request stating he is concerned with the privacy and security of the homes abutting the trail. He stated that extensions would be sturdy and of a uniform design. Carrie Thomas, 6642 Trotter Drive, spoke in opposition to request stating that the extensions are not compatible with the guidelines of the quartersection. She suggested the alternative of using plants to create a barrier for privacy. Ms. Thomas submitted photos to the Commission and stated she would not object to the extensions if they were made of the same material as the existing fence. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Commissioner Biddle stated he would be voting against the request as the Specific Plan states that additions shall be compatible with existing materials. He stated that plants would be a good alternative. The remainder of the Commission felt that this was a unique situation and the need for more security and privacy was legitimate and would be voting in favor of the request. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO OVERTURN THE ZONING ADMINISTRATOR'S ACTION FOR DENIAL AND APPROVE CONDITIONAL USE PERMIT NO.96-83 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Livengood, Kerins, Tillotson, Speaker NOES: Biddle ABSENT: None ABSTAIN: Chapman MOTION PASSED PC Minutes - 4/8/97 3 (97PCM408) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-83: 1. Conditional Use Permit No. 96-83 for the establishment and maintenance of the two (2) foot, four (4) inch high lattice fences extensions onto existing approximately six foot high woodcrete fences will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The fence extensions will only exist along rear yards abutting equestrian trails as depicted in the approved site plan. The extensions will serve as a buffer from horseback riders who currently can view into back yards. The fence extensions will not occur between properties, or along streets. 2. The fence extensions will be compatible with the existing fencing and surrounding equestrian use. The color of the lattice fence extensions are compatible with the existing woodcrete fencing. The design of the fence extensions will be uniform in height and will allow for the growth of landscape material into the extensions. 3. The proposed fence extensions will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the subject height allowance. Property owners will be required to obtain building permits to assure proper engineering is completed on the extensions. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-83: The site plan and elevations received and dated September 24, 1996, shall be the conceptually approved layout with the modifications noted thereon. Elevations shall depict colors and building materials approved by the Design Review Board. 2. The fence extensions shall comply with the following: a. The fence extensions are only permitted on existing six foot high woodcrete fences adjacent to equestrian trails. The extensions are not permitted on fences between properties, or adjacent to streets or open space areas. b. The height of the lattice extensions shall be two foot, four inches on top of existing approximately six foot high woodcrete fences. The height of the extensions shall not vary regardless of grade differences between properties. The intent is for a constant extension height that maintains any terracing of the existing fences. c. The extensions shall conform to the approved site plan and elevations as noted in Condition No. 1 herein. d. The color of the extensions shall be painted to be compatible with the color of the existing woodcrete fencing. PC Minutes - 4/8/97 4 (97PCM408) L e. Structural details and engineering calculations shall be submitted for review and approval by the Department of Community Development per Chapter 16 of the Uniform Building Code prior to issuance of building permits. (Bldg.) f. Building permits shall be obtained prior to the installation of any fence extension. g. The maintenance of the fence extensions and landscaping encroaching into the equestrian trails shall be the responsibility of the Country View Estates Homeowners' Association. 3. Building permits shall be obtained for the existing fence extensions within 90 days from the effective date of this approval. Structural plans shall be submitted for review and approval by the Department of Community Development per Sections 302 and 303 of the Uniform Administrative Code. 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan and elevations are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 96-83 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-83 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-83, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. PC Minutes - 4/8/97 5 (97PCM408) 6. The applicant shall submit a check in the amount -of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Counly of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. B-2 CONDITIONAL USE PERMIT NO.97-18/COASTAL DEVELOPMENT PERMIT NO. 97-9/GENERAL DEVELOPMENT PLAN UPDATE/ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO.521 (WIEDER REGIONAL PARK APPLICANT: County of Orange Public Facilities and Resources Department, Harbors, Beaches and Parks Division LOCATION: 5801 Seapoint Street (CDP 97-9/CUP 97-18 is for the portion of the Harriett M. Wieder Regional Park, in the City's jurisdiction, that is located between Garfield and Palm Avenues; the Addendum to EIR No. 521 and the GDP/RMP covers the entire park from Edwards Street to Pacific Coast Highway) PROJECT PLANNER: Julie Osugi The Harriett M. Wieder Regional Park will be a 106 acre County maintained and operated regional park facility that spans over both City and County jurisdictions. Approximately 57 acres are located within the City of Huntington Beach and require City approval. Transmitted for Planning Commission consideration is a request by the County of Orange, Public Facilities and Resources Department, Harbor Beaches and Parks Design Division, for the following items regarding the Harriett M. Wieder Regional Park: • Approval in Concept for the Update of the Harriett M. Wieder Regional Park General Development Plan/Resource Management Plan (GDP/RMU The Updated GDP/RMP for the Harriett M. Wieder Regional Park is intended to serve as the guideline for development of the entire 106 acre park. The GDP/RMP is the basis for subsequent park design level plans and, in its original form (known as the Bolsa Chica Regional Park General Development Plan/Resource Management Plan) was approved in concept by the City in October 1992. Since then, the overall character of the park has evolved from a predominantly open turf/play area park into a predominantly natural park with two 3 acre neighborhood park nodes and an interpretive center facility. In response to the City Council's April 1996 action, requesting that the County revise the GDP/RMP to reflect this primarily natural park concept, the County is submitting an update to the original GDP/RMP to the City for approval in concept. PC Minutes - 4/8/97 6 (97PCM408) • Approval of Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9(to allow development of Phase 1 of the Harriett Wieder Regional Park consistent with the guidelines of the Updated General Development Plan.) The County is also requesting approval for development of Phase 1 of the Regional Park. Phase 1 consists of a total of approximately 51 acres of park area stretching between Garfield Avenue and the existing oil company heliport located just east of Pacific Coast Highway. Approximately 26 of these acres, generally located along Seapoint Street, between Garfield and Palm Avenues, are located within the City's jurisdiction. Phase 1 consists of construction of the following improvements: bicycle and riding/hiking trails, vista points, native habitat restoration, a three acre neighborhood park node (including play ground, turf and picnic area), a 100 space parking area, and a 5,000 square foot interpretive center (located within the County's jurisdiction). • Approval of Addendum to Environmental Impact Report (EIR) No. 521, The County has prepared an addendum to the EIR (No. 521, also prepared by the County) for the original GDP/RMP. The Addendum is intended to supplement the original EIR by identifying the changes to the GDP/RMP proposed by the update. A new EIR was not considered necessary, since the impacts associated with the GDP/RMP Update and Phase 1 (CUP 97-18/CDP 97-9) have been identified to be at a lesser degree than the original GDP/RMP. These issues have been described in greater detail in the attached EIR addendum. The City will need to adopt the EIR addendum prior to action on the Coastal Development Permit and Conditional Use Permit applications. The County has indicated that it presently has funding available to construct the first phase of the Regional Park and is intent on processing permits and entitlements for Phase 1 in time to meet the November 1997 planting season. In an attempt to assist the County in meeting its goal, this application is being expedited to the Planning Commission for action this evening and has already been advertised for the April 21, 1997, City Council hearing. (Note: Planning Commission action is a recommendation to the City Council and will be forwarded along with the above requests to City Council for final action. Furthermore, upon City approval in concept of the General Development Plan/Resource Management Plan 1997 Update, the County will forward the General Development Plan to the Orange County Board of Supervisors for final approval.) STAFF RECOMMENDATION: Staff recommends approval in concept of the GDP/RMP and approval of Addendum to Environmental Impact Report No. 521, Conditional Use Permit No. 97-18, and Coastal Development Permit No. 97-9 for the following reasons: • The project is consistent with the Open Space Recreation General Plan Land Use Designations for the entire GDP/RMP area, as well as the Phase 1 area by allowing for development of a system of trails linking the City parks, beaches and bluffs and maximizing the preservation of scenic, geographical and topographical sites in the City. • The proposed project (GDP/RMP and Phase 1) is consistent with the City's desire for a predominantly natural regional park with two neighborhood park areas (not to exceed 6 acres) and an interpretive center facility. • The proposed project preserves the existing environmental resource area (in the ravine) to the extent possible while minimizing future erosion problems and providing safe circulation around the ravine. PC Minutes - 4/8/97 7 (97PCM408) ♦ The proposed project minimizes the visual impacts of the parking lot and interpretive center by locating them in a topographically depressed area where the former gas plant was located. ♦ The project is consistent with the goals of the City's General Plan by providing enhanced recreational and open space opportunities in the City. ♦ The project is consistent with the City's Coastal Element of the General Plan by providing additional opportunities for pedestrian/vehicle/equestrian and visual access to the Bolsa Chica and surrounding coastal areas. ♦ With the conditions suggested by staff to provide adequate emergency fire access and traffic sight distance, the project will not be detrimental to the general health, welfare and safety of park users or persons living in the area. ♦ With the conditions suggested by staff, Phase 1 of the Regional Park can be adequately accommodated by the City's infrastructure and emergency service systems. (Specific infrastructure and emergency service needs for future phases of development will be subject to City approval at time of application for each phase.) The County of Orange Harbors, Beaches and Parks Design Division made a presentation on the proposed park improvements. THE PUBLIC HEARING WAS OPENED. Buck Marrs, 19265 Archfield Circle, Seacliff Coalition/Bolsa Chica Land Trust, spoke in support of the request. He stated the proposed project will be an environmentally sound natural habitat and urged the Commission to approve the request. Laura Madariaga, 6121 Morningside Drive, spoke in support of the request. Ms. Madariaga stated concern about the negative impacts of relocating the parking lot entrance. Frank Pappano, 19022 Bayhill Lane, spoke in support of the request. Mr. Pappano urged the Commission not the relocate the parking lot entrance. Jan Vandersloot, 8101 Newman, #C, spoke in support of the request. Mr. Vandersloot stated concern about the Fire Departments request to widen the trail to 12 feet for fire vehicle access. He asked the Commission to consider any alternative to widening the trail. He also expressed concerns regarding pesticide use and rodent control within the park and requested that the County use the most environmentally sensitive methods. Victor Leipzig, 17461 Skyline, Amigos de Bolsa Chica, stated strong support for the current plan and supported staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 4/8/97 8 (97PCM408) The Planning Commission opposed revision of the Regional Park plans to provide the additional two (2) foot trail width and surfacing required to accommodate City fire engines. They expressed concerns that such requirements would result in additional paving in the park which was not consistent with the natural character of the park. The Planning Commission was concerned that fire access issues would spoil the natural character of the park. The Commission revised Condition No. 4 by adding sub -section d which allows for modification of the condition subject to approval by the Fire Chief to allow for greater flexibility in satisfying this condition. The Commission also requested that the Fire Department look into alternative fire fighting apparatus which could handle the natural terrain of the park. The Commission believed that with future development of the Bolsa Chica wetlands and adjoining residential development that the City may be heading toward more fire protection conditions of similar nature and may have a need for such apparatus. Due to the potential impacts resulting from the potential need for relocation of the parking area entrance should sight distance standards not be able to be met, the Planning Commission felt that it was important for the City Council to know the results of the study prior to taking action on the Regional Park. The Planning Commission also revised Condition No. 6 to require review of plans by the Planning Commission should the entrance of the parking area need to be relocated to another area of the park to meet sight distance requirements. The County was made aware of the recommended condition regarding submittal of a traffic study to verify compliance with sight distance standards and had initiated preparation of the traffic study while waiting for Planning Commission hearing. The County indicated that the study was almost ready for transmittal to the City, but was not ready in time for the Planning Commission meeting. They anticipated submittal of the report to the Traffic Division in the next few days. The Planning Commission expressed concerns over providing a neighborhood park facility across Seapoint without providing a controlled pedestrian crossing on Seapoint to allow for safe access to the park. The Commission requested that the Traffic Division provide a report on the costs and availability for funding for providing a controlled crosswalk along Seapoint. The Commission suggested that some consideration might be given to dividing the costs among the City, County and homeowners. The County indicated that they were confident that the above issues could be resolved and that the proposed conditions (including the provision of the 12 foot wide fire access roads and submittal of the sight distance study) were acceptable. PC Minutes - 4/8/97 9 (97PCM408) A MOTION WAS MADE BY TILLOTSON, SECONDED BY LIVENGOOD, TO RECOMMEND FOR FINAL ACTION TO THE CITY COUNCIL APPROVAL OF ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 521 WITH RECOMMENDED FINDINGS AND MITIGATION MEASURES; APPROVAL OF CONDITIONAL USE PERMIT NO.97-18 AND COASTAL DEVELOPMENT PERMIT NO.97-9 FOR PHASE 1 WITH RECOMMENDED FINDINGS AND CONDITIONS OF APPROVAL; AND APPROVAL IN CONCEPT OF GENERAL DEVELOPMENT PLAN/ RESOURCE MANAGEMENT PLAN 1997 UPDATE WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION MADE BY LIVENGOOD, SECONDED BY SPEAKER, TO DIRECT STAFF TO PROVIDE TO THE CITY COUNCIL AT THE APRIL 21,1997 PUBLIC HEARING A TRAFFIC STUDY TO VERIFY THAT ADEQUATE SIGHT DISTANCE IS PROVIDED AT THE PROPOSED MEDIAN BREAK ON SEAPOINT STREET NORTHBOUND INTO THE PARKING AREA, A REPORT ON THE AVAILABILITY OF FUNDING TO INSTALL A CROSSOVER LIGHT TO ALLOW SAFE PEDESTRIAN CROSSING ON SEAPOINT, AND INFORMATION ON ALTERNATIVE FIRE APPARATUS CAPABLE OF HANDLING THE TERRAIN OF THE PARK WITHOUT REQUIRING WIDENING OF THE TRAILS, CARRIED BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PLANNING COMMISSIONER RECOMMENDATION TO CITY COUNCIL FINDINGS FOR APPROVAL - ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 521: 1. The General Development Plan/Resource Management Plan 1997 Update (1997 GDP/RMP) is of a less intense nature than the original 1992 General Development Plan/Resource Management Plan (1992 GDP/RMP), which was analyzed in Environmental Impact Report No. 521 (EIR No. 521). The Addendum to EIR No. 521 identifies the amendments to the original 1992 GDP/RMP proposed by the 1997 GDP/RMP, and contains an issue by issue comparison of impacts including any new information, substantial changes in previously identified impacts, and the adequacy of mitigation measures contained in EIR No. 521. PC Minutes - 4/8/97 10 (97PCM408) 2. The Addendum to Environmental Impact Report No. 521 documents that the 1997 General Development Plan/Resource Management Plan, is a less intense park plan that will not result in any new or more severe impacts than those addressed in EIR No. 521 and requires implementation of the mitigation measures identified in EIR No. 521. Addendum to Environmental Impact Report No. 521 verifies that the 1997 GDP/RMP will not result in new significant environmental impacts or an increase in the severity of previously identified impacts; and that no substantial changes have occurred with respect to the circumstances under which the project is undertaken which require major revisions to EIR No. 521; and that no new information is available that would result in identification of any new impacts or the feasibility of implementing new mitigation which would substantial reduce a significant impact. 3. The Addendum to Environmental Impact Report No. 521 adequately addresses and mitigates the environmental impacts associated with the 1997 General Development Plan/Resource Management Plan, and development in compliance with the plan. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-18/COASTAL DEVELOPMENT PERMIT NO.97-9: 1. Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project, enhances recreational and open space opportunities in the City in a manner that is consistent with the natural character of the Regional Park. 2. With the conditions suggested by staff to provide adequate emergency fire access and traffic sight distance, Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project will not be detrimental to the general health, welfare and safety of park users or persons living in the area. 3. Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project, will be compatible with surrounding uses because the trails and vista overlooks (and other proposed facilities located within the City's jurisdiction) are an extension of and are complementary to the existing recreational facilities in the area and are of a passive nature that is compatible with residential and wetland restoration uses in the area. 4. The proposed trails and vista overlooks will comply with the provisions of the base districts which are 941 and 942 and other applicable provisions in Division 9 of the Huntington Beach Zoning Code and any specific conditions required for the proposed use in the district in which it would be located. PC Minutes - 4/8/97 11 (97PCM408) 1 5. The granting of the Conditional Use permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Open Space Recreation on the subject property. The Phase 1 plans include a system of trails which will ultimately connect Central Park to the beach and will preserve and enhance the scenic character of the area while minimizing grading of the area (for slope stabilization) to maintain the topography of the area to the extent possible. As such, it is consistent with the following goals and policies of the General Plan: a. To capitalize on the outdoor and environmental potential of the City by: 1) developing a system of trails liking the City parks, beaches, and bluffs; and 2) maximizing the preservation of scenic, geological, and topographical sites. 6. The granting of the Conditional Use permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project, will not adversely affect the General Plan. It is consistent with the Coastal Element of the General Plan. The plans are for development of the first phase of the Regional Park and will facilitate provision of a trail system from Central Park to the beach which will provide enhanced visual and physical public access opportunities to the area. The plans will replace non-native vegetation and preserve existing native species to the extent possible. In addition, the plans for areas within the City consist of relatively passive recreational facilities (such as trails, open turf/play areas, picnic areas, and parking) which are compatible with the natural character of the park. As such, it is consistent with the following goals and policies of the Local Coastal Program: • Protect, encourage, and where feasible provide a variety of recreation facilities which provide opportunities for all income groups. • Support the development of the Bolsa Chica linear park (now the Harriett M. Wieder Regional Park) and the implementation of a continuous trail system from Huntington Central Park to the beach along the perimeter of the Bolsa Chica; establish an implementation plan for the Bolsa Chica linear park in cooperation with the County of Orange. • Support recreational facilities in the Bolsa Chica linear park that: • Emphasize a low intensity character for that portion of the park within the City's coastal zone. Locate any higher intensity uses in nodes consistent with adjacent areas. Limit above ground structures to support facilities such as restrooms, picnic tables, and bike racks. • Site all uses so as to preserve views to the adjacent Bolsa Chica. • Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses compatible with the sensitive nature of these areas. PC Minutes - 4/8/97 12 (97PCM408) • Support the development of the Bolsa Chica linear park and the implementation of a continuous trail system from Huntington Central Park to the beach along the western perimeter of the Holly- Seacliff Master Plan area. Promote the removal and clean-up of oil operations within the linear park. • Preserve and enhance visual resources within the coastal zone. • Improve the appearance of visually degraded areas. • Preserve and enhance environmentally sensitive habitats including the Bolsa Chica which is within the sphere of influence of the City of Huntington Beach. ' • Approve only that development adjacent to wetlands and environmentally sensitive habitat areas that does not significantly degrade habitat values and which is compatible with the continuance of habitat. • Require that new development contiguous to wetland or environmentally sensitive habitat areas to include buffers which will consist of a minimum of one hundred foot setback from the existing landward edge of the wetland where possible. If existing development or site configuration precludes a 100 foot buffer, the buffer shall be established according to the factors listed in Policy 9c [of the Coastal Element regarding the development of specifications for buffers under different scenarios] and shall be reviewed by the Department of Fish and Game. • Promote the improvement of biological productivity and appearance of wetland habitats. • Promote the provision of adequate community facilities within the coastal zone. Ensure that adequate parking is provided in all new development in the coastal zone. 7. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 8. Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project, with the conditions suggested by staff, Phase 1 of the Regional Park, can be adequately accommodated by the City's infrastructure and emergency service systems. (Specific infrastructure and emergency service needs for future phases of development will be subject to City approval at time of application for each phase.) PC Minutes - 4/8/97 13 (97PCM408) 9. The Conditional Use Permit No. 97-18 and Coastal Development Permit No. 97-9 for the development of Phase 1 of the Harriett M. Wieder Regional Park project conforms with the policies of Chapter 3 of the California Coastal Act by preserving the existing environmental resource area (in the ravine) to the extent possible while minimizing future erosion problems and providing safe circulation around the ravine; minimizing the visual impacts of the parking lot and interpretive center by locating them in a topographically depressed area where the former gas plant was located; providing enhanced recreational and open space opportunities in the City; and providing additional opportunities for pedestrian/vehicle/ equestrian and visual access to the Bolsa Chica and surrounding coastal areas. FINDINGS FOR APPROVAL IN CONCEPT FOR THE HARRIETT M. WIEDER REGIONAL PARK GENERAL DEVELOPMENT PLAN/RESOURCE MANAGEMENT PLAN UPDATE (GDP/RMPL 1. The General Development Plan/Resource Management Plan 1997 Update the Harriett M. Wieder Regional Park, enhances recreational and open space opportunities in the City in a manner that is consistent with the natural park concept of the Regional Park. 2. The General Development Plan/Resource Management Plan 1997 Update for the development of the Harriett M. Wieder Regional Park project, will be compatible with surrounding uses because the trails and vista overlooks (and other proposed facilities located within the City's jurisdiction) are an extension of and are complementary to the existing recreational facilities in the area and are of a passive nature that is compatible with residential and wetland restoration uses in the area. 3. The General Development Plan/Resource Management Plan 1997 Update for the development of the Harriett M. Wieder Regional Park project, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Open Space Recreation on the subject property. The Phase 1 plans include a system of trails which will ultimately connect Central Park to the beach and will preserve and enhance the scenic character of the area while minimizing grading of the area (for slope stabilization) to maintain the topography of the area to the extent possible. As such, it is consistent with the following goals and policies of the General Plan: a. To capitalize on the outdoor and environmental potential of the City by: 1) developing a system of trails liking the City parks, beaches, and bluffs; and 2) maximizing the preservation of scenic, geological, and topographical sites. 4. The General Development Plan/Resource Management Plan 1997 Update for the development of the Harriett M. Wieder Regional Park project, will not adversely affect the General Plan. It is consistent with the Coastal Element of the General Plan. The plans are for development of the first phase of the Regional Park and will facilitate provision of a trail system from Central Park to the beach which will provide enhanced visual and physical public access opportunities to the area. The plans will replace non-native vegetation and preserve existing native species to the extent possible. In addition, the plans for areas within the City consist of relatively passive recreational facilities (such as trails, open turf/play areas, picnic areas, and parking) which are compatible with the natural character of the park. As such, it is consistent with the following goals and policies of the Local Coastal Program: PC Minutes - 4/8/97 14 (97PCM408) • Protect, encourage, and where feasible provide a variety of recreation facilities which provide opportunities for all income groups. • Support the development of the Bolsa Chica linear park (now the Harriett M. Wieder Regional Park) and the implementation of a continuous trail system from Huntington Central Park to the beach along the perimeter of the Bolsa Chica; establish an implementation plan for the Bolsa Chica linear park in cooperation with the County of Orange. • Support recreational facilities in the Bolsa Chica linear park that: • Emphasize a low intensity character for that portion of the park within the City's coastal zone. Locate any higher intensity uses in nodes consistent with adjacent areas. Limit above ground structures to support facilities such as restrooms, picnic tables, and bike racks. • Site all uses so as to preserve views to the adjacent Bolsa Chica. • Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses compatible with the sensitive nature of these areas. • Support the development of the Bolsa Chica linear park and the implementation of a continuous trail system from Huntington Central Park to the beach along the western perimeter of the Holly- Seacliff Master Plan area. • Promote the removal and clean-up of oil operations within the linear park. • Preserve and enhance visual resources within the coastal zone. Improve the appearance of visually degraded areas. • Preserve and enhance environmentally sensitive habitats including the Bolsa Chica which is within the sphere of influence of the City of Huntington Beach. • Approve only that development adjacent to wetlands and environmentally sensitive habitat areas that does not significantly degrade habitat values and which is compatible with the continuance of habitat. • Require that new development contiguous to wetland or environmentally sensitive habitat areas to include buffers which will consist of a minimum of one hundred foot setback from the existing landward edge of the wetland where possible. If existing development or site configuration precludes a 100 foot buffer, the buffer shall be established according to the factors listed in Policy 9c [of the Coastal Element regarding the development of specifications for buffers under different scenarios] and shall be reviewed by the Department of Fish and Game. • Promote the improvement of biological productivity and appearance of wetland habitats. PC Minutes - 4/8/97 15 (97PCM408) • Promote the provision of adequate community facilities within the coastal zone. • Ensure that adequate parking is provided in all new development in the coastal zone. 5. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 6. The General Development Plan/Resource Management Plan 1997 Update for the Harriett M. Wieder Regional Park conforms with the policies of Chapter 3 of the California Coastal Act by preserving the existing environmental resource area (in the ravine) to the extent possible while minimizing future erosion problems and providing safe circulation around the ravine; minimizing the visual impacts of the parking lot and interpretive center by locating them in a topographically depressed area where the former gas plant was located; providing enhanced recreational and open space opportunities in the City; and providing additional opportunities for pedestrian/vehicle/ equestrian and visual access to the Bolsa Chica and surrounding coastal areas. RECOMMENDED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97 18/ COASTAL DEVELOPMENT PERMIT NO.97-9: (Note: Planning Commission revisions have been identified in bold italics) 1. The plans received and dated February 13, 1997 shall be the conceptually approved layout with the following modifications: a. The bicycle/pedestrian trail and maintenance road shall be designed to comply with the City of Huntington Beach fire access requirements, (as described below in Condition 4). 2. The interpretive center is in the County's jurisdiction and is subject to permitting through the County. However, pursuant to Agreement No. 79-102 (between the City and County of Orange) fire protection services will be provided by the City of Huntington Beach Fire Department. To ensure that the interpretive center meets City of Huntington Beach Fire protection standards, prior to issuance of building permit by the County of Orange for the interpretive center facility, the County shall submit plans for review and approval by the City of Huntington Beach Fire Department depicting the following items (FD): a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1- 1/2) inches. c. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. PC Minutes - 4/8/97 16 (97PCM408) d. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 3. On -site fire hydrants shall be provided through out the Phase 1 area in number and at locations specified by the Fire Department. (FD) 4. Fire access shall be provided in compliance with City of Huntington Beach Fire standards, as determined by the City of Huntington Beach Fire Department. At minimum, the following provisions shall be incorporated on the Phase 1 plans (FD): a. Fire access roads shall be a minimum width of 12 feet. b. Fire access roads shall be constructed of a all weather surface and engineered to accommodate 40,000 pound fire apparatus. c. Fire access roads shall comply with City Specification No. 401. d. The Fire Chief may modify this condition if he determines that there is an alternative means of achieving adequate fire protection for the park. 5. Pursuant to Agreement No. 79-102 (between the City and County of Orange) police protection services will be provided by the City of Huntington Beach Police Department. To ensure that the park is designed in a manner to deter crime and facilitate surveillance by the City of Huntington Beach Police Department, the County shall submit plans for review and approval by the City of Huntington Beach Police Department depicting the following items (PD): a. The parking area shall be locked and gated after sunset hours, when the park is closed. The gate shall be equipped with a Knox box to provide Police and Fire access. An operation plan shall provided identifying when gates will be opened and locked by the County. b. Regulatory signage identifying park hours should be posted clearly along Seapoint to assist Police in discouraging loitering or park use when the park is closed. c. Lighting shall be vandal resistant design and materials. Lighting shall be limited to security lighting and be provided at the Interpretive Center and play area, as needed, to facilitate police surveillance and discourage loitering at night. d. Benches shall be designed to discourage large groups from loitering and sleeping. e. Restrooms shall only be open when the interpretive center is open and shall be gated or locked when the facility is closed. Access shall be designed in a manner which allows control of the restroom access through the interpretive center; this can be accommodated by providing restroom access from inside of the interpretive center or other design measures, per City of Huntington Beach Police Department crime prevention recommendations. PC Minutes - 4/8/97 17 (97PCM408) 6. In order to verify that adequate sight distance is provided at the proposed median break on Seapoint Street northbound into the parking area, the County shall submit a traffic study prepared by a licensed traffic engineer that provides evidence that the proposed median break complies with the existing highway sight distance design criteria, as established by Chapter 400 of the CalTrans Highway Design Manual. Should the study indicate that the proposed median break can not be designed to meet sight distance requirements, the access shall either be redesigned to a right -turn in/out only or relocated to meet sight distance standards (if the County determines that left -turn access is necessary). Should the County opt for a substantial relocation of the parking area entrance, the revised location of the parking area entrance (as well as any resulting modifications to the park plan) shall be subject to review and approval by the Planning Commission and City Council. (Traffic) 7. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) c. Hydrology and hydraulic studies shall be submitted to the Department of Public Works for approval. (PW) d. The County shall submit a composite utility plan, showing water system improvements and all other underground utilities (proposed and existing) to each proposed building. The plan shall include driveway locations and identify irrigation areas, including service connections for water and sewer to each building, public and private fire hydrant, valves, and other appurtenances in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works Standards, and Water Division Facility Design Criteria. The plans shall be approved by the City of Huntington Beach Public Works Water Division prior to construction. (PW) e. Backflow protection shall be installed per the City of Huntington Beach Water Division Standard Plan No. 609 for both domestic and irrigation water services. All backflow devises shall be painted to match surrounding aesthetics, and be screened from view as required by code to the satisfaction of the Public Works Division of Parks, Trees and Landscaping. The markings indicating the size, model number, and serial number shall be affixed to the body of the backflow device and must remain visible after painting. (PW) f. Irrigation for the regional park will be supplied by reclaimed water. A maximum of two separate irrigation services shall be used connecting from the reclaimed water main located in Garfield Avenue. The County and City shall review supplying the Regional Park with reclaimed water. Use of reclaimed water shall be subject to the final approval of the Director of Public Works. This condition may be modified, if approved by the Directors of Public Works and Community Development. (Providing reclaimed water to the Oceancrest and Surfcrest developments is not a part of this project.) (PW) PC Minutes - 4/8/97 18 (97PCM408) 1 g. The reclaimed water system shall be designed in accordance with the Interim "Rules and Regulations for the Use of Reclaimed Water," dated April 1, 1991, as prepared by the Orange County Water District. (PW) 8. During grading, the applicant shall: (PW ) a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 9. Should paving of fire access roads be determined necessary to meet fire access requirements, paving shall be the color of decomposed granite to minimize the aesthetic impact of paving to the natural character of the park. (FD/CD) 10. Chain link fencing used in the park shall be vinyl coated to reduce the aesthetic impacts of fencing in the park. Chain link size shall also be no greater than 1 inch chain link to discourage climbing of the fence and to protect park users and wildlife by discouraging access to potential safety hazards. (PD/CD) 11. The project shall comply with all applicable mitigation measures identified in the Addendum to EIR No. 521. (CD) 12. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked and maintained. 13. This Conditional Use Permit No 97-18 and Coastal Development Permit No. 97-9 shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and returned to the Planning Division; and until the California Coastal Commission appeal period has elapsed and no appeal has been filed. (CD) PC Minutes - 4/8/97 19 (97PCM408) 14. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the Phase I Park Plan are proposed as a result of compliance with conditions of approval. Phase I implementation shall not occur until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Huntington Beach City Council may be required. (CD) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. An encroachment permit shall be required for all work within the City right-of-way. (PW) 2. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 3. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. (CD) 5. The City Council reserves the right to revoke Conditional Use Permit (No 97-18) and Coastal Development Permit No. 97-9), pursuant to a public hearing, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 6. Conditional Use Permit (No 97-18) and Coastal Development Permit No. 97-9) shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. B-3 CONDITIONAL USE PERMIT NO.96-89/NEGATIVE DECLARATION NO.96-17 (PEGASUS SCHOOL MASTER PLAN: APPLICANT: Jonathon Glasgow, Intertices, Inc. LOCATION: 19692 Lexington Lane (at the closed Arrevalos School, approximately 500 feet south of Yorktown Avenue and west of the Santa Ana River). PROJECT PLANNER: Jane Madera Conditional Use Permit No. 96-89 and Negative Declaration 96-17 are a request for a master plan of development of the Pegasus School, a private kindergarten through eight grade school currently operating at a former public school site. The project is proposed in phases and includes additions to the Administration Building and Middle School Building as well as construction of an Activities Center/Gymnasium and improvements to the athletic fields. PC Minutes - 4/8/97 20 (97PCM408) STAFF RECOMMENDATION: Staff recommends approval of the project for the following reasons: • The proposed master plan of development for the Pegasus School will be compatible with the surrounding residential neighborhood because the master plan does not propose any additional classroom space; • The student enrollment is not proposed beyond the previously approved 500 students; • A temporary parking lot will be utilized during high attendance events at the school; • The recreational facilities that are currently open and available to the public will remain available after implementation of the master plan; • Construction of the new Activities Center/Gymnasium is slated for the middle of the school grounds and not immediately adjacent to any residential uses; • No lighting or bleachers are proposed in the athletic fields; and • The project will be subject to staff review and Planning Commission review one year after completion of Phase II to analyze the traffic and parking situation at the site. THE PUBLIC WAS OPENED. Laura Hathaway, 19692 Lexington, Pegasus School, stated that she concurred with staff s recommendation and was available to answer any questions. Commissioner Livengood asked Ms. Hathaway if the school has received any complaints from the neighbors regarding traffic issues. Ms. Hathaway stated that occasionally a complaint is received but is responded to immediately to the satisfaction of the neighbors. Jonathan Glasgow, 320 Pine Avenue, Long Beach, applicant, stated he concurred with staffs recommendation and was available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY SPEAKER, SECONDED BY TILLOTSON, TO APPROVE NEGATIVE DECLARATION NO.96-17 WITH MITIGATION MEASURES AND CONDITIONAL USE PERMIT NO.96-89 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 4/8/97 21 (97PCM408) FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO 96-17 1. The Negative Declaration No. 96-17 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Planning Commission, prior to action on the Negative Declaration and Conditional Use Permit No. 96-89. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the conditions of approval for Conditional Use Permit No. 96-98 will have a significant effect on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-89• 1. Conditional Use Permit No. 96-89 for the establishment, maintenance and operation of the phased master plan of development for the Pegasus School will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The master plan consists of expansions to the Administration Building and Middle School Building along with construction of a new Activities Center/Gymnasium but does not propose any increase in enrollment, number of classrooms, or staff members. With the conditions of approval imposed, the proposed construction at the former public school site will not impede public use and access to existing recreational opportunities at the site and traffic and parking needs will be accommodated during high attendance events in a temporary parking lot. 2. The conditional use permit will be compatible with surrounding residential uses because the proposed construction is proposed in the center of the school campus and not immediately adjacent to any residential units. In addition, with the conditions of approval imposed, the proposed construction at the former public school site will not impede public use and access to existing recreational opportunities at the site and traffic and parking needs will be accommodated during high attendance events in a temporary parking lot. Also, no lighting or bleachers are proposed in the athletic fields. 3: The proposed master plan of development for Pegasus School will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. All code required minimum setbacks, maximum building height, maximum site coverage, etc. will be provided by the proposed design of the project. PC Minutes - 4/8/97 22 (97PCM408) 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of PS-(RL), (Public Semi -Public with underlying Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Policy LU4.2.5: Require that all commercial, industrial, and public development incorporate appropriate design elements to facilitate access and use as required by the Americans with Disabilities Act. b. Objective LU 7.1: Accommodate the development of a balance of land uses that a) provides for the housing, commercial, employment, educational, cultural, entertainment, and recreation needs of existing and future residents, b) provides employment opportunities for residents of the City and surrounding subregion, c) captures visitor and tourist activity, and d) provides open space and aesthetic "relief' from urban development. c. Objective L U 9.4: Provide for the inclusion of recreational, institutional, religious, educational, and service uses that support resident needs within residential neighborhoods. d. Policy LU 9.4.3: Encourage the development and public use of City/District joint use facilities where City parks and school facilities adjoin one another in order to maximize the use of property, minimize the cost of development, and enhance the recreational and educational opportunities for the community. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-89: 1. The site plan, floor plans and elevations received and dated November 20, 1996 shall be the conceptually approved layout with the following modifications: a. The wing walls proposed at the entrance to the restrooms in the Activities Center/Gymnasium shall be eliminated. b. Depict all new utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of - way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. All new exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) PC Minutes - 4/8/97 23 (97PCM408) d. Depict all new gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to of submittal for building permits for each phase, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. Since the elevations for Phases II and III are conceptual only at this time and the project is located in the PS zone, the Design Review Board and Department of Community Development shall review and approve the following (for Phases II and III only): 1) Revised site plan and elevations as modified pursuant to Condition No. 1. 2) Proposed structures shall be architecturally compatible with existing structures. c. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of grading permits (for Phases I and II or as determined necessary by the Public Works Department), the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. PC Minutes - 4/8/97_ 24 (97PCM408) The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the projects landscape plan. (PW) (Code Requirement) c. Hydrology and hydraulic studies shall be submitted to the Department of Public Works for approval. (PW) d. A Grading and Erosion Control Plan for the new building, prepared by a Registered Civil Engineer, shall be submitted for review and approval to the Public Works Department. (PW) e. A sewer study shall be submitted for Public Works Department approval. The developer shall design and construct the sewer system required to serve the development. The sewer lateral shall be 6 inches minimum. The Public Works Department shall determine if the sewer study is necessary prior to Phase I construction or only Phase II construction. f. All public water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications, and Design Criteria. g. The proposed building shall be served by the existing water service for the entire site. The developer shall verify that the existing water service size meets the UPC. h. A separate fire service, size and locate per the City of Huntington Beach Fire Department, shall be constructed per City of Huntington Beach water Division Standard Plan 618. 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit inspection and approval or commencement of use, the following shall be completed: a. The applicant shall obtain any necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. PC Minutes - 4/8/97 25 (97PCM408) b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) Manual pulls; b) Audible alarms; and c) Visual alarms (FD) 4) An automatic fire sprinkler system shall be installed in all new buildings that exceed 5,000 square feet. This shall comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. e. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) 7. The use shall comply with the following: a. The blacktop area to the northwest of the cul-de-sac on Shalom Drive shall be used for overflow parking during all special activities at the site, such as but not limited to, Back to School Night, Open House, Concerts, and major sporting activities. A minimum of two parking lot attendants shall be provided from one half hour before each event to facilitate proper use of the temporary parking lot since no parking stall striping will be required. (Mitigation Measure) b. All existing and relocated recreational activity areas which are currently open and available to the public shall remain open and available during and after all phases of the Master Plan. This mitigation measure regarding public accessibility to the school site shall not be interpreted to result in a compromise to the safety of the children in attendance at Pegasus School. (Mitigation Measure) c. Only the uses described in the narrative shall be permitted. PC Minutes - 4/8/97 26 (97PCM408) 8. Pegasus School shall meet with their regular neighborhood committee one year after completion of Phase II in order to assess the parking and traffic at the site. If, after one year of operation, there are continual neighborhood concerns with traffic and/or parking, then the issues shall be analyzed by the Planning staff and if necessary, shall be subject to further review by the Planning Commission in order to resolve any outstanding concerns. (Mitigation Measure) 9. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 10. All other conditions of approval as imposed in previous entitlements for Pegasus School shall remain in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 96-89 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-89 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 96-89, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 5. If determined necessary by the Public Works Traffic Engineering Division, Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. An encroachment permit shall be required for all work within the public right-of-way. 7. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying each new building addition. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. PC Minutes - 4/8/97 27 (97PCM408) 9. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 11, 1997 (CONTINUED FROM THE MARCH 25,1997 MEETING) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY INGLEE, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 11,1997, BY THE FOLLOWING VOTE: AYES: NOES: Inglee, Livengood, Kerins, Biddle, Tillotson, Speaker None ABSENT: None ABSTAIN: Chapman MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED MARCH 25,1997 A MOTION WAS MADE BY KERINS, SECONDED BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 25,1997, BY THE FOLLOWING VOTE: AYES: Chapman, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: Inglee, Tillotson MOTION PASSED PC Minutes - 4/8/97 28 (97PCM408) 1 D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Livengood - stated he would not be able to attend the April 22, 1997, Planning Commission meeting as he would be out of town. Commissioner Biddle - questioned staff regarding a letter received April 4, 1997, from Marc and Susan Bock. The letter states that they currently live adjacent to a property being developed by Mr. Sassounian. They state that Mr. Sassounian has failed to return their property to the same or improved condition as promised after construction of the storm drain for the project. They stated that they wish to withdraw their permission to relax the easement. Commissioner Biddle asked staff to comment. Dave Webb, Public Works, stated that Public Works Inspectors have been monitoring the situation for weeks. He stated that Mr. Sassounian has been warned that he will not be issued any more permits until the Bock's property is at least brought up to its original conditions. He stated that Public Works will continue to monitor the situation. Commissioner Tillotson - asked staff what steps could be taken to ban skateboarding at the Huntington Harbour Mall. Paul D'Alessandro, Deputy City Attorney, stated that the Municipal Code prohibits skateboarding in a commercial center where 50% or more of the site is used for commercial purposes. He suggested that the tenants of the Mall contact the Police to report skateboarding when it occurs. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefskx, Planning Director - restated actions taken at previous City Council meetings and discussed upcoming items. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Jane Madera Associate Planner - reviewed the items for the April 22, 1997, Planning Commission meeting. PC Minutes - 4/8/97 29 (97PCM408) G. ADJOURNMENT -Adjourn to the April22,1997, Planning Commission meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO ADJOURN TO A 5:30 PM STUDY SESSION ON APRIL 22,1997, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Livengood, Kerins, Biddle, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kj 1 Manning Commission hairperson PC Minutes - 4/8/97 30 (97PCM408)