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HomeMy WebLinkAbout1998-03-24MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MARCH 24, 1998 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 4:00 PM (Agenda Review) SMALL LOT SINGLE FAMILY RESIDENTIAL DEVELOPMENT DISCUSSION - Planning Commission Subcommittee AGENDA REVIEW - Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker AGENDA APPROVAL — On a motion by Kerins, seconded by Tillotson, Item D-2 was brought to the front of the agenda. Motion approved 7-0. Please note the Minutes will reflect actions taken in their scheduled order. Anyone wishing to speak must fill out and submit a form to speak No action can betaken 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 CONDITIONAL USE PERMIT NO.97-76 (WORTHY PARK WELLNESS CENTER) (CONTINUED FROM THE MARCH 10,1998 MEETING): APPLICANT: Dr. Leonard Malin LOCATION: Bounded by Main Street, Utica Avenue and 17th Street PROJECT PLANNER: Peter Vanek Conditional Use Permit No. 97-76 represents a request by Dr. Leonard Malin to establish a health and wellness center in an existing 8,570 square foot indoor racquetball facility. The existing building is proposed to be increased by 45 square feet for a total of 8,615 square feet, and will include office space, a snack bar, child care services, locker room, fitness center, and the preservation of one racquetball court. The request includes modifications to the exterior of the building and enclosing of the existing child play area. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 97-76 to establish a health and wellness center in an existing building for the following reasons: • The proposed health and wellness center will be compatible with the surrounding recreation and educational uses. • The proposed use will complement the diversity of the existing recreational opportunities. • The existing building will be visually improved and supervised on a regular basis. • Sufficient parking is provided. • The proposed health and wellness center is consistent with the goals and objectives of the General Plan Land Use Element. The Commission asked staff to define "medical uses," and explain what additional utilities would be necessary to operate the use. Staff stated that there was no clear definition of medical uses. The proposal indicates the use will be nutritional counseling. Staff explained in regards to the utilities that the current lighting would be sufficient, but heating will need to be added. The Commission also asked staff if the proposed tot lot would be accessible by the public. Staff stated that fencing is proposed but it will be open to public access. The area will also be supervised by staff members. THE PUBLIC HEARING WAS OPENED. Naomi Wheeler, 1827 Main Street, spoke in support of the request if the tot lot and restrooms will be allowed public access. On a motion by Tillotson, seconded by Biddle, Item B-1 was tabled with public hearing open until Item B-2 was heard, as the applicant had not yet arrived Motion approved 7-0. Please note the Minutes will reflect actions taken in their scheduled order PC Minutes — 3/24/98 2 (98PCM324) Dr. Leonard Malin, 11905 Beach Boulevard, applicant, gave a description of the proposal and the various uses. He stated that they wish to convert the center to a functional up to date use. Dr. Malin stated that the original intent was to have a chiropractor's office within the use, but the idea was not acceptable to staff so they have revised the medical use to be nutritional counseling. The Commission questioned the applicant about the snack bar and restroom hours of operation, the use of the tot lot and membership sales. The applicant, Dr. Malin, stated the snack bar and restroom hours of operation would be from 8:00 AM to 10:00 PM, seven (7) days a week. Staff explained that annual memberships and the fee structure would need City Council approval, with the intent that the use remains open for general public use on a daily basis. Staff also explained that the tot lot would be fenced and monitored and open for general public use on a daily basis. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed a continuation of this item for two (2) meetings to allow the applicant to clarify each use and/or proposal and lay out each in detail. They also requested that the uses be of a recreational nature. A MOTION WAS MADE BY CHAPMAN, SECONDED BY INGLEE, TO CONTINUE CONDITIONAL USE PERMIT NO.97-76 TO THE APRIL 28,1998, PLANNING COMMISSION MEETING, TO RESOLVE ISSUES RAISED IN DISCUSSION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker NOES: Biddle ABSENT: None ABSTAIN: None MOTION PASSED B-2 ENTITLEMENT PLAN AMENDMENT NO.97-18 (HUNTINGTON CREST STABLES): APPLICANT: Tim Poussard LOCATION: 6902 Ellis Avenue (southwest corner at Goldenwest Street) PROJECT PLANNER: Ricky Ramos PC Minutes — 3/24/98 3 (98PCM324) Entitlement Plan Amendment No. 97-18 is a request by Tim Poussard to continue to operate an existing nonconforming commercial horse facility for another two years as well as to allow a further reduced setback along Goldenwest Street due to additional right-of-way dedication. Since the facility has been in existence since 1971 and no expansion is proposed, continuation of the use appears to be the better alternative to leaving the property undeveloped. It will further goals and policies in the General Plan and the Ellis-Goldenwest Specific Plan which encourage allowing the continuation of existing nonconforming uses and uses which support recreational and service uses needed within residential neighborhoods. The business is apparently on a month -to -month lease and the property is being discussed as a site for construction of new single family homes. Because of the tenuous status of the stables, it does not appear logical to require improvements and modifications to bring the site into compliance. As a compromise, the applicant should be required to complete improvements (landscaping, horse trails, fencing, etc.) in phases to allow continuation of use without completely sacrificing code requirements. STAFF RECOMMENDATION: Staff recommends approval of Entitlement Plan Amendment No. 97-18 for the following reasons: • It will further several General Plan policies pertaining to allowing for the continued occupancy, operation, and maintenance of legal uses and structures that exist at the time of the adoption of the General Plan and become nonconforming due to use, density, and/or development requirements. It will also provide for the inclusion of recreational uses that support resident needs within residential neighborhoods. • It will further a goal of the Ellis-Goldenwest Specific Plan to provide for continued equestrian uses. • The facility has been in existence since the 1970s, before the homes that surround the site were developed. It is not being expanded and will continue to be buffered from adjacent uses by the surrounding streets as well as the additional landscaping being recommended by staff. It is not expected to create any additional adverse impact to the surrounding population and properties. • The modified exterior side yard variance from the existing 20.5 feet down to 15.5 feet along Goldenwest in lieu of the 50 feet required is a result of additional right-of-way needed along that frontage. Because the facility is existing, there are exceptional conditions to the facility that do not apply to other property or uses in the district. It appears to be a hardship to relocate structures to comply with setback requirements for a facility that appears to be on the verge of closing down. A phasing plan to provide landscaping is proposed to address the screening of the facility. The Commission discussed the landscaping requirements feeling that they were excessive for a temporary use. THE PUBLIC HEARING WAS OPENED. Bert Elliot, Architect representing applicant, expressed concern regarding the landscaping requirements feeling they were excessive. Mr. Elliot stated the applicant would be conducting the proposed temporary use until the sale of property is through escrow, and the proposed development is initiated. PC Minutes — 3/24/98 4 (98PCM324) Carrie Thomas, 6642 Trotter Drive, spoke in support of the request stating that the use provides affordable housing for the horses and the stables are clean and well maintained. Ms. Thomas stated that she was opposed to requirement for landscaping as it would be a hardship to the applicant. 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 CHAPMAN, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.97-18 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE; AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-18: 1. Entitlement Plan Amendment No. 97-18 to allow a two-year time extension of Conditional Use Permit No. 93-43 for the maintenance and operation of an existing non conforming temporary commercial horse facility 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 facility will not be expanded and it is not expected to create any additional adverse impact to the surrounding population and properties. 2. The entitlement plan amendment for a two-year time extension of the existing non conforming temporary commercial horse facility will be compatible with surrounding uses because it will continue to be buffered from adjacent uses by surrounding streets as well as additional landscaping recommended. It is compatible with the existing equestrian uses and horse trails in the vicinity. 3. The proposed two-year time extension of the existing non conforming temporary commercial horse facility 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 any variances approved. The Ellis-Goldenwest Specific Plan provides for continued equestrian uses. 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/Specific Plan Overlay on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that an appropriate landscape plan be submitted and implemented for development projects subject to discretionary review (LU 4.1.2). PC Minutes — 3/24/98 5 (98PCM324) b. Accommodate existing uses and new development in accordance with the Land Use and Density Schedules (LU 7.1.1). c. Allow for the continued occupancy, operation, and maintenance of legal uses and structures that exist at the time of the adoption of the General Plan and become non conforming due to use, density, and/or development requirements (LU 7.1.3). d. Provide the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods (LU 9.4). FINDINGS FOR APPROVAL ENTITLEMENT PLAN AMENDMENT NO.97-18 (NEW VARIANCE): 1. The granting of Entitlement Plan Amendment No. 97-18 to modify the approved variance for exterior side yard setback along Goldenwest Street under Conditional Exception No. 93-40 from 20.5 feet down to 15.5 feet in lieu of the required 50 foot setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The facility is existing and the condition is a result of right-of-way dedication. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Additional right-of-way needed is causing the need for the variance. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. It will allow continuation of an existing use. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification because the Ellis-Goldenwest Specific Plan allows for continued equestrian uses and no expansion of use is proposed. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines, because it involves the operation, maintenance, and minor alteration of existing structures with no expansion of use. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-18: Approval is subject to the existin conditions of approval for Conditional Use Permit No. 93- 43/Conditional Exception (Variance) No. 93-40 with modifications and additional conditions below (items in italics are new and it should be noted that some of these conditions have already been complied with): 1 PC Minutes — 3/24/98 6 (98PCM324) 1. With a „ a961,,,,.,, hGES8 de fiS t ft8t + eYceeed 109 ho=S The site plan received and dated July 30, 1997 shall be the conceptually approved layout with a maximum density of 25 horses per acre with the following modification: a. All currently existing structure on the site shall be included. 2. This approval shall be valid for two (2) years from date of approval. 3. Within 30 days of the approval date, and prior to the City's approval of a County of Orange Animal Facility License, the applicantlproperty owner shall complete the following: a. Obtain an encroachment permit from the Public Works Department. b. Submit to Public Works Department a Certificate of Insurance and Hold Harmless Agreement. c. Submit to Public Works Department a notarized letter signed by the property owner and applicant stating that all facilities (e.g. parking, fencing, structures, etc.) currently existing within the existing right-of-way will be removed a minimum of 30 days prior to the construction of the street improvements (Goldenwest, Ellis and Saddleback). Should the City desire to construct improvements along Goldenwest Street, Ellis Avenue, and Saddleback Lane, the developer shall remove at their expense, any obstructions within the ultimate right-of-way upon 30 days written notice from the City (PW). d. Grant an irrevocable offer of street dedication for Goldenwest Street and Saddleback Lane. In addition, the ultimate landscape easements for Goldenwest Street, Ellis Avenue, and Saddleback Lane shall be dedicated. e. Submit a landscape construction set to the Department of Public Works for approval by the Departments of Community Development and Public Works. 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, and an approved site plan and copy of the entitlement conditions of approval. The planting plan shall include 5-gallon size bushes to be planted 6 feet on center along the Goldenwest Street, Ellis Avenue, and Saddleback Lane frontages to the approval of staff. 4. The following shall be completed within 90 days and continuously complied with: a. The primary trailer on -site shall be skirted for safety purposes and conform with the California mobile home building codes and applicable Huntington Beach Codes. b. The existing wash racks shall be drained into a detention system an not be allowed to drain into the City's storm drain system. In addition, any water that is currently ponding on -site shall be corrected by regrading so as to provide proper drainage and eliminate water in the corral area. PC Minutes — 3/24/98 7 (98PCM324) c. Drinking fountains shall be provided on -site and kept in working order for customer and tenant use. d. All building spoils such as extra lumber, wire pipe, fence railing, etc. shall be disposed of or store in an enclosed container equipped to handle them and not be allowed to be dumped on -site. e. Directional and warning signs shall be provided as necessary for the safety of the users. f. All manure shall be removed from the site. _ 5. At the time Ellis and Saddleback street improvements occur, the applicant shall complete the following: a. All facilities currently within the right-of-way, not including the oil transfer lines, shall be removed . The applicant shall apply for additional entitlements as required by the Ellis-Goldenwest Specific Plan and the HBZSO to replace all the off -site parking spaces removed from the public right-of-way. b. A six (6) foot high solid wood fence shall be installed along the entire western side of the facility adjacent to Saddleback. d. Provide fire access roads in compliance with the Huntington Beach Fire Code and City Specification No. 401. 6. The development/use shall comply with all applicable provisions of the City of Huntington Beach Ordinance Code, Building Division, Fire Department, and County of Orange Code requirements. 7. During any construction activities, 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. PC Minutes — 3/24/98 8 (98PCM324) 8. "Aeeeptaffso OfG.,,,,1;t;,,.,r," F ,- 1418 Mann nt•onn45' elfe „+ ,1 l�J tl, YYi• l, � 14 t1 r r e r-etume l to the Planninga Pi and' „t,l the ten day appeal peTiad 1, ' ', Prior to submittal for any building permit, 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). 9• -T-1,; ^ai+innal n^n nnt•mit a.,,1 ,,,l;t: a t' / 1 shall beeafne 11 a 'a r 0Y \ theGeRIMiSSiOR .,+ to 0 .•:tt request b •tt .1 to tl- a J a Y" Planning µ ffi- a=x=Iaxyr90 ElaT:Prior- iv the @ ---tie* da . 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS• I. , of Devele}3fneat and Publ=e-39aFks-anEl fflust be appr- vea—T- ie T aREIS00,.0 Y .. A..l,;t00t 04.,1 ;0444 i ^l,,.1eS all p .1/ 0@*iStjag .-lan4 Y 4_ ll.,e t;,, tune, sow, nnantit)q an iffig tie ..la ,1' plan, approved site pjan, ,1 � „� Jr > > 1 J/f b plan, b b Gopy o€t#e-el}t tie t sefjaitiefls 4appr-avalThe lanaseape p w -- w tl--raatiwxsa -607And— 06-07 10 ofta,c PE=a6liQrai36eZede. T4e- set rMI 14 vy ems-Il4-:i-sr te-isstta r a€builElingPermrtsAny ei4 t«00s th t ffimlst be -0 ,0a ;h;411 be « 1 t 7 t , t• tl, 26 ter,plae@,- 1 h 48es ,,4;ieh shall be ; +0,1 ;„te the p eet's laaElseape plan. Entitlement Plan Amendment No. 97-18 shall not become effective until the ten day appeal period has elapsed. 2. l axictrtactionslhall belimitnd to i4ezxaay Sat:urday-ZA0 AA4 to 8.00 PN4 r'—veRSiFUvt-fe-f2 be ehib to l Sundays 'l Fede...,l hel;,lay Entitlement Plan Amendment No. 97-18 .,...,...,., �,.�,....,.�.,.�-aixcrr-vacrurnvxxctcT.f. shall become null and void unless exercised within one year of the date offrnal 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 Entitlement Plan Amendment No. 97-18, 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. An encroachment permit shall be required for all work within the right-of-way. (P99 PC Minutes - 3/24/98 9 (98PCM324) S. Construction shall be limited to Monday - Saturday 7: 00 AM to 8: 00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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. 7. 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 County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. B-3 ENTITLEMENT PLAN AMENDMENT NO.97-20/CONDITIONAL USE PERMIT NO 97-79 (ST PETER'S CHURCH): APPLICANT: Joseph Woollett LOCATION: 16927, 16931 and 16871 Bolsa Chica Road (north of Warner Avenue and east of Graham Street) PROJECT PLANNER: Kim Klopfenstein Entitlement Plan Amendment 97-20 represents a request by St. Peter's Church to amend the existing Conditional Use Permit (Cup No. 91-17) to allow an expansion of the existing sanctuary and placement of a modular building in the rear of the site for church office space at 16871 Bolsa Chica Road. The modification to the existing church would involve a 735 square foot expansion of the assembly area (sanctuary) to accommodate an increase in the congregation, and a new 1,080 square foot modular office building in the rear of the site. Conditional Use Permit No. 97- 79 represents a request to utilize an off -site office building and residence located at 16927 and 16931 Bolsa Chica Road as classroom facilities for religious education, classes, and seminars. STAFF RECOMMENDATION: Staff recommends approval of Entitlement Plan Amendment No. 97- 20 and Conditional Use Permit No. 97-79 with conditions to limit the hours of operation to 7:30 a.m. to 10:30 p.m. for the following reasons: • The religious services and community outreach programs will not be detrimental to the other businesses within the area. • The separate vehicular entryways to the church facility and the adjacent site will minimize circulation impacts on the property. • Adequate parking will be provided on the existing church site for the church assembly and the off -site classroom facility. • The church use is consistent with the goals and objectives of the General Plan Land Use Element and CG (Commercial General) zoning designation in the HBZSO. PC Minutes — 3/24/98 10 (98PCM324) THE PUBLIC HEARING WAS OPENED. Wendy Weber, Saint Peter's By -the Sea, spoke in support of the request. Mike Vaughn, Pastor, Saint Peter's By -the -Sea, gave a brief history of the request and stated that they concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY BIDDLE, SECONDED BY TILLOTSON, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO.97-20 AND CONDITIONAL USE PERMIT NO.97-79 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97- 20: 1. Entitlement Plan Amendment No. 97-20 for the establishment, maintenance and operation of a 735 square foot sanctuary expansion and an 1,080 square foot modular office to an existing Church 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 church facility will generally operate during morning and evening hours as well as weekends, and the religious services will occur as a primary use on Sunday mornings, which will minimize conflicts with surrounding businesses. Furthermore, the project site is provided with sufficient parking and the use of two separate driveways will minimize conflicts to internal circulation for the parking lot. 2. Entitlement Plan Amendment No. 97-20 for the church use will be compatible with surrounding commercial and residential uses. All uses will be provided with ample parking on site. Furthermore, the separation of vehicular access points for the church facility will minimize circulation impacts in front of the building. 3. The proposed sanctuary expansion and the modular office for religious assembly use will comply with the provisions of the base district which is and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and any specific condition required for the proposed use in the district in which it would be located. The proposed use will provide adequate circulation and parking areas and will comply with all provisions of the HBZSO. PC Minutes — 3/24/98 11 (98PCM324) 4. The granting of the Entitlement Plan Amendment for expansion of the sanctuary and addition of a modular office will not adversely affect the General Plan. The project is consistent with the Land Use Element designation of General Commercial on the subject property. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97- 79: Conditional Use Permit No. 97- 79 for the establishment, maintenance and operation of an off -site classroom facility within an existing commercial office building and single family residence 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 church facility will generally operate during evening hours as well as weekends, and the religious education will occur as a primary use on Sunday mornings, which will minimize conflicts with surrounding businesses. Furthermore, the project site is provided with sufficient parking and the use'of two separate driveways will minimize conflicts to internal circulation for the parking lot. 2. Conditional Use Permit No. 97-79 for the church use will be compatible with surrounding commercial and residential uses. Although limited parking is available at the classroom site, al uses will be provided with ample parking at St. Peter's Church site (16981 Bolsa Chica Road). The separation of vehicular access points for the off -site classroom facility and St. Peter's Church will minimize circulation impacts in front of the building. A reciprocal pedestrian easement located in the rear of the church site will be used for children to ensure safe access from the church the off -site classroom facilities. 3. The proposed religious assembly use will comply with the provisions of the base district which is and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance (ZSO) and any specific condition required for the proposed use in the district in which it would be located. The proposed use will provide adequate circulation and parking areas and will comply with all provisions of the ZSO. 4. The granting of the conditional use permit for a religious assembly use will not adversely affect the General Plan. The project is consistent with the Land Use Element designation of General Commercial on the subject property. CONDITIONS OF APPROVAL- ENTITLEMENT PLAN AMENDMENT NO.97-20/ CONDITIONAL USE PERMIT NO.97- 79: 1. ,The site plan, floor plans, and elevations received and dated February 11, 1998, shall be the conceptually approved layout. a. Elevations shall depict colors and building materials proposed. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 1 PC Minutes — 3/24/98 12 (98PCM324) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD) (SITE A) 3. 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) (SITE A: 16871 Bolsa Chica Road) 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. 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 project's landscape plan. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) c. All public works fees shall be paid. (PW) (Site A: 16871 Bolsa Chica Road) d. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 5. Prior to final building permit inspection or commencement of use, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Department of Community Development. PC Minutes — 3/24/98 13 (98PCM324) b. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. c. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. d. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Installation of required landscaping and irrigation shall be completed prior to final inspection/within 12 months. 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) water flow, valve tamper and trouble detection; b) 24 hour supervision; and c) voice communication (FD) 4) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 5) 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. (FD) 6) 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. (FD) 7) Fire Access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circulation plan and dimensions of all access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns). (FD) 8) Automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. (FD) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. f. 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. PC Minutes — 3/24/98 14 (98PCM324) 7. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) c. Hours of operation shall be limited to between 7:30 A.M. to 10:30 P.M. Monday through Sunday. 8. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 97-20 and Conditional Use Permit No. 97-79 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 97-79 and Conditional Use Permit No. 97 -79 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 Entitlement Plan Amendment No. 97-79 and Conditional Use Permit No. 97-79, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PV) 6. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. PC Minutes — 3/24/98 15 (98PCM324) 8. 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. 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 County of Orange and submitted to the Department of Community Development within (2) days of the Planning Commission's action. 11. Conditional Use Permit No. 97-79 shall be valid for a period of two (2) years from the date the Planning Commission approval is final. Prior to the expiration of the conditional use permit the applicant shall provide a written request to the Director of Community Development to continue the classroom facility use at 16927 and 16931 Bolsa Chica Road, and at that time the property shall be required to comply with current code provisions (i.e landscaping, parking etc.). C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED FEBRUARY 10,1998 A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED FEBRUARY 10,1998, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED MARCH 10,1998 CONTINUED TO THE APRIL 14,1998 PLANNING COMMISSION MEETING. D. NON-PUBLIC HEARING ITEMS D-1 RECREATIONAL FACILITY AND OPEN SPACE STUDY: APPLICANT: City of Huntington Beach, Department of Community Services LOCATION: Park and School Sites City-wide PROJECT PLANNER: Mary Beth Broeren PC Minutes — 3/24/98 16 (98PCM324) On November 20, 1995 the City Council authorized a request for proposals for a report that analyzed youth sports and recreation open space needs in the community. This project was a joint undertaking by the City and the city's School Districts. The draft report was completed in the fall of 1997 and provides an inventory of recreation and open space facilities throughout the city. It identifies a need for approximately 93 acres of park land to serve future growth. It concludes with five recommendations and a discussion of potential costs and funding alternatives. STAFF RECOMMENDATION: Staff recommends the Planning Commission forward comments on the Recreational Facility and Open Space Study to the City Council for consideration. Staff member Jim Engle, Community Services, gave a presentation to the Commission and stated they have 30 days to forward any comments and/or recommendations to the Community Services Commission. A MOTION WAS MADE BY KERINS, SECONDED BY INGLEE, TO FORWARD COMMENTS ON THE RECREATIONAL FACILITY AND OPEN SPACE STUDY TO THE CITY COUNCIL FOR CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D-2 ANNUAL REVIEW OF THE WATERFRONT DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT NO.91-3): APPLICANT: Robert Mayer Corporation LOCATION: North side of Pacific Coast Highway between Huntington Street and Beach Boulevard PROJECT PLANNER: James R. Barnes The Waterfront Development Agreement (Development Agreement No. 91-3) is an agreement between the City of Huntington Beach and the Robert Mayer Corporation for development of the Waterfront project. Annual review of the Waterfront Development Agreement is required pursuant to the Agreement. PC Minutes — 3/24/98 17 (98PCM324) STAFF RECOMMENDATION: Staff recommends that the Planning Commission make a determination that actions of the Robert Mayer Corporation have been consistent with the Development Agreement and forward the determination to the City Council for review and acceptance. A MOTION WAS MADE BY KERINS, SECONDED BY SPEAKER, TO DETERMINE THAT THE ROBERT. MAYER CORPORATION'S ACTIONS HAVE BEEN CONSISTENT WITH THE WATERFRONT DEVELOPMENT AGREEMENT AND FORWARD THE DETERMINATION TO THE CITY COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Speaker � NOES: None ABSENT: Biddle (out of room) ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS Commissioner Speaker — reiterated comments and discussion,of the Chamber of Commerce function he attended. E-2 PLANNING COMMISSION INOUIRIES/COMMENTS Commissioner Inglee — requested that staff review the article in the LA Times regarding compact spaces becoming obsolete, and prepare a study outlining the future of compact parking spaces within the City of Huntington Beach. A motion was made by Inglee, seconded by Biddle, to prepare a study outlining the future of compact parking spaces within the City of Huntington Beach. The motion passed 7-0. Commissioner Chapman - None Commissioner Tillotson - None Commissioner Livengood — shared with the Commission that recently the conference tents at the Waterfront Hilton site flooded. Commissioner Kerins — proposed that the City consider creating a policy requiring new subdivisions to include mixed product types. Staff stated they would have the market specialists help address that issue at a future study session. Commissioner Kerins also stated that there is a weed abatement and sign code violations at the southeast corner of Springdale and Warner. PC Minutes — 3/24/98 18 (98PCM324) Commissioner Biddle — requested that staff relay to, Public Works the study showing that street repair in Orange County will cost billions of dollars, and the need for the City to address the issue. Commissioner Biddle also requested copies of the Meadowlark Development Agreement prior to the April 28, 1998 meeting to allow sufficient time for study. Commissioner Speaker — referred to the March 10, 1998, study session item regarding the proposed RMH-A Development Standards. He stated that the ordinance needed changes and suggested that another study session be held regarding the proposal prior to the meeting in May. F. COMMUNITY DEVELOPMENT ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — stated there were no public hearing items from the Community Development Department at the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner — stated that staff had not yet scheduled items for the April 14, 1998, Planning Commission meeting. G. ADJOURNMENT —Adjourn to a special Study Session on April 7,1998, at 5:00 PM and then to the regularly scheduled April 14,1998 Planning Commission meeting A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO ADJOURN TO A 5:00 PM SPECIAL STUDY SESSION ON APRIL 7,1998, AND THEN TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING STUDY SESSION AT 4:00 PM AND THEN THE REGULAR MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Inglee, Chapman, Tillotson, Livengood, Kerins, Biddle, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl AP P OVED BY: ft6ward Zel y, Secret ry Planning Commi Sion C airper on PC Minutes — 3/24/98 19 (98PCM324)