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HomeMy WebLinkAbout1999-07-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 13,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION — 5:30 PM SMALL LOT DEVELOPMENT STANDARDS (ZTA) UPDATE — Wayne Carvalho ZONING CONSISTENCY ZTA — Mary Beth Broeren AGENDA REVIEW-- Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL Anyone wishing to speak must fill out and submit a form to speak. 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 Henry Abeyta, 6192 Glacier Drive, spoke in opposition to Agenda Item B-1 (public hearing closed). Margaret J. Burden, 6091 Mahogany Avenue, Westminster, spoke in opposition to Item B-1. Gary Simon, 16731 Phelps Lane, spoke in support of Item B-1. Brion Jeannette, 470 Old Newport Boulevard, Newport Beach, applicant for Item B-1, spoke in support of the request. Nancy Field, 14401 Willow Lane, Principle Hebrew Academy, spoke in support of Item B-1. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.98-90 (Continued from the July 22,1999 Planning Commission Meeting) (The Hebrew Academy): APPLICANT: Brion S. Jeannette & Associations, Inc. LOCATION: 14401 Willow Lane (formerly Clara Clark School) PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 98-90 represents a request by the Hebrew Academy to permit construction of a new kindergarten classroom building, consolidation of six existing trailers into a single administration building, expansion of an existing parking lot, and the redesign of the student drop-off area. At the June 22, 1999 meeting, the Planning Commission discussed the history of code enforcement problems regarding the landscaping and general maintenance of the property and whether or not the existing caretaker's trailer was allowed by entitlement. The Planning Commission continued -the request and directed staff to: 1. Research the code enforcement history of the property; 2. Research if the existing caretaker's trailer was allowed by entitlement. In addition, staff has provided a more detailed analysis of the parking requirements. Also, there have been two (2) letters received by staff since the last meeting. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 98-90 for the following reasons: ♦ The project will not be detrimental to the general welfare of persons residing in the vicinity. The new classroom and administration buildings and expanded parking lot are located on the interior of the school site and will be buffered from the residential neighborhood. ♦ The new classroom and administration building, and the expansion of the parking lot will be compatible with surrounding uses. The operation of the Hebrew school is similar to an elementary school for which the site was previously used. ♦ The new classroom and administration buildings and expanded parking lot is consistent with the Public/Semipublic Land Use designation in the General Plan. ♦ The project exceeds minimum requirements for setbacks, building heights, required parking spaces and all other provisions of the Huntington Beach Zoning and Subdivision Ordinance. THE PUBLIC HEARING WAS CLOSED AT THE DUNE 22,1999 MEETING. C PC Minutes — 7/13/99 2 (99PCM713) The Commission discussed the code enforcement issues.° ' Several of the Commissioners had visited the site and stated that they did not see a maintenance problem with the property and felt there were no outstanding code enforcement issues. The Commission discussed the caretaker's trailer stating that if approved the trailer should be replaced with a permanent building, or completely removed, within five (5) years of this approval. The Commission also discussed the bus routing and parking places. The Commission requested that staff require the on -site bus parking to be shown on the site plan. A MOTION WAS MADE BY LAIRD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.98-90 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-90: 1. Conditional Use Permit No. 98-90 for the establishment, maintenance and operation of a new 4,043 square foot classroom building, a new 4,260 square foot modular administration building, an expansion of the existing parking lot for a total of 74 parking spaces, and the redesign of the existing student drop-off area to the existing Hebrew Academy 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 new classroom and administration buildings will be located within the interior of the school and buffered from the residential neighborhood by the existing playing field. A landscape planter will buffer vehicles from the expanded parking lot to the residential neighborhood, and the driveway width for the student drop-off area will be widened to better accommodate busses entering and leaving the school site. 2. The conditional use permit will be compatible with surrounding uses because buffering for all proposed uses will be provided by the playing field or other landscaping. In addition, the operation of the Hebrew school is similar in nature to that of an elementary school and is therefore compatible with the residential neighborhood. Additionally, the student drop-off area has been expanded and will now allow school busses to exit without encroaching onto adjacent properties PC Minutes — 7/13/99 3 (99PCM713) 3. The proposed classroom and modular administration buildings, parking lot expansion, and redesigned student drop-off area 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 will be located. The classroom and administration buildings conform to setbacks and building height, and the parking lot and student drop-off area conform to drive aisle width, landscaping, setbacks and all other provisions of the Huntington Beach Zoning and Subdivision Ordinance. 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 13.1 Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. b. LU 13.1.2 Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to the City review and approval. The expansion of the existing Hebrew Academy school facility conforms to the goals and policies of the General Plan in that the Academy supports educational, cultural and religious activities for those attending the school as well as the surrounding community. Additionally, the school site is compatible with the surrounding residential neighborhood as its operation is similar in nature to an elementary school for which the school site was previously used. 5. The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the CEQA pursuant to Section 15301 of the CEQA Guidelines because it is a minor alteration of existing facilities involving less than 10,000 square feet in area and the project is in an area where public services and facilities are available to allow for maximum development permissible in the General Plan. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-90 1. The site plan, floor plans and elevations received and dated April 22, 1999 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed as approved by the Design Review Board. b. The parking lot shall be restripped. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) PC Minutes — 7/13/99 4 (99PCM713) a- c. Depict all 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) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback' I5 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) e. Depict all 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. f. 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. g. Site Plan shall depict on -site parking spaces for buses as approved by staff. 2. Prior to the issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. (PW ) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. (PW) c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW ) 3. Prior to submittal for building permits, 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). PC Minutes — 7/13/99 5 (99PCM713) b. All Fire Department requirements shall be noted on the building plans. (FD). 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 Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. 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 (trunk greater than 24" in diameter) 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 (PW) (Code Requirement) c. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the City of Huntington Beach Fire Department prior to any construction. (PW) d. All Public Works fees shall be paid. (PR) 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. PC Minutes—7/13/99 6 (99PCM713) 6. Prior to final building permit inspection and approval, the following shall be completed: a. All work within City right-of-way shall require a Public Works Construction Permit. (PW) b. The proposed driveway on Willow Lane shall be 27 feet wide (radius type) per Standard Plan No. 211. (PW) c. The red curb along the frontage of the project shall be repainted. (PW) d. A street light shall be placed on the existing pole at the front of the school. (PW) e. Buses leaving the student drop-off area must be able to turn left with one movement, (no backing up). Presently, the busses have to utilize the driveway opposite theirs. (PW) f. The parking lot shall be lit. The lighting shall utilize energy saving lamps. All outside lighting shall be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan and elevations. Lighting shall be capable of being dimmed to a minimum -security level during the hours of non -operation of the facility. (PW) g. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. h. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. i. 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) The fire alarm system shall be extended to the new construction and shall 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) smoke detectors c) annunciation; d) supervision; and e) audible alarms (FD) PC Minutes — 7/13/99 (99PCM713) 4) Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Your project requires one (1) fire hydrant and shall be installed in compliance with City Specification No. 407). (FD) 5) 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) 6) The fire access road (Willow Lane extension south of Maple Street) shall be red curbed with FIRE LANE NO PARKING stenciled in four (4) inch high white letters. Include dimensions of all access roads in the Circulation Plan. (FD) 7) For Fire Department approval, submit a Fire Protection Plan in compliance with City Specification No. 426. (FD) 8) Address numbers shall be installed to comply with City Specification No. 428. (FD) 9) 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. 7. The use shall comply with the following (from CUP 88-29 approval) a. The school enrollment shall be limited to no more than 400 students. Any expansion in number shall require approval by the Planning Commission. b. All employee vehicles, student vehicles and school buses shall not be parked on any public street. They shall be parked on -site or in the Seventh Day Adventist Church parking lot off of Maple. c. The loading and unloading driveway at the entrance to the Academy shall be used for loading and unloading only, no parking. Once students are off or on the buses, the buses shall be moved so that area shall remain clear for emergency vehicle access. Buses shall be parked in their designed area on -site when not in use. 8. The existing caretaker's trailer, located adjacent to the south parking lot, shall be replaced with a permanent building, or completely removed, within five (5) years (by July, 2004) of this approval. If a permanent building is built, the existing trailer shall be removed from the premises. The permanent building shall be reviewed and approved by the Design Review Board prior to issuance of building permits for the structure. 9. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval for the first building constructed to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. Staff will forward a report of the findings to the Planning Commission. PC Minutes — 7/13/99 8 (99PCM713) 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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. Conditional Use Permit No. 98-90 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-90 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-90, 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. The Traffic Impact Fee shall be paid prior to issuance of certificate of occupancy. 7. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. 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. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. PC Minutes — 7/13/99 9 (99PCM713) 12. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing of landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Planning Commission. 13. 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 Planning Department within two (2) days of the Planning Commission's action. B-2 CONDITIONAL USE PERMIT NO.99-11/VARIANCE NO.99-7 (AVIS RENT -A -CAR): APPLICANT: Val Pravikoff REQUEST: To permit a car rental agency with reduced parking within an existing shopping center. PROJECT PLANNER: Joe Thompson Conditional Use Permit No. 99-11, represents a request to establish a rental car agency within an existing commercial retail shopping center. The car rental agency (Avis Rent -a -car) will be located in an existing vacant 825 square foot commercial office suite. Variance No. 99-7 is requested to allow nine (9) parking spaces in lieu of 13 (a reduction of four parking spaces). STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 99-11 and Variance No. 99-7 for the following reasons: • The project is consistent with the Commercial General land use designation of the General Plan. The project is located within an existing retail center, which is zoned for such a use. • The project is consistent with the objectives of the Zoning and Subdivision Ordinance. • Sufficient parking is provided for the commercial use. The applicant has provided a parking study, which has determining that the existing parking lot can accommodate the reduction in parking. • The project is compatible with surrounding uses. The rental cars will be parking in the rear parking lot, which is underutilized and provides buffering from the adjacent residential neighborhood. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 7/13/99 10 (99PCM713) The Commission questioned the applicant about the amount of vehicles to be present on -site. Val Pravikoff, applicant, stated that only ten (10) vehicles would be on site at any time. If the amount were to exceed ten (10) vehicles, the additional vehicles would be moved to another company site. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY MANDIC, TO APPROVE CONDITIONAL USE PERMIT NO.99-11 AND VARIANCE NO.99-7 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-11: 1. Conditional Use Permit No. 99-11 for the establishment, maintenance and operation of a 825 square foot rental car agency with up to 10 rental cars 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. There will be adequate parking within the existing commercial center for the proposed use. 2. Conditional Use Permit No. 99-11 to establish a rental car agency will be compatible with surrounding uses because the car rental agency is a commercial use and will be locating in an existing commercial center which has all the facilities necessary to accommodate this type of use. 3. The proposed rental car agency will comply with the provisions of the base district which is Commercial General 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 parking variance requested. The proposed use will be located in an existing commercial center which conforms to all setbacks, building heights, and landscaping requirements applicable to the Commercial General District. The parking variance is part of Variance No. 99-7. PC Minutes — 7/13/99 11 (99PCM713) 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residences, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources (LU 10.1). b. Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. (ED 2.4.3) The proposed car rental agency will market its service to local residents who may need an automobile while their vehicle is being repaired and to visitors of Huntington Beach. It will be located in an existing retail center, which includes existing service -related uses. FINDINGS FOR APPROVAL - VARIANCE NO.99-7: 1. The granting of Variance No. 99-7 for nine parking spaces in lieu of the minimum 13 (a reduction in parking of 4 spaces) for a car rental agency with maximum 10 vehicles on -site will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The applicant has provided a parking study that has determined that no parking shortage will occur. Other businesses in the same zoning classification have been allowed a reduction in parking based on the findings of a parking study prepared by a licensed traffic engineer. 2. Because of special circumstances applicable to the subject property, including location and 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. Although underutilized, with its existing occupancy, the shopping center where the rental car agency proposes to locate can only provide nine (9) spaces for the applicant in lieu of the 13 required. The applicant has provided a parking study that has determined that the existing parking lot can accommodate the reduction of four (4) spaces. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The granting of the Variance will allow rental cars to be parked in a parking lot that would otherwise be underutilized. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Rental cars will be parked on the interior of the rear parking lot and rental hours are limited, thereby reducing impacts to the adjacent residential neighborhood. PC Minutes — 7/13/99 12 (99PCM713) 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG (Commercial General) on the subject property. The location of the car rental agency is within an existing retail center and zoned for commercial uses such as the subject car rental agency. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-11/VARIANCE NO.99-7: 1. The site plan, floor plans, and elevations received and dated March 24, 1999 shall be the conceptually approved layout. 2. Fire Department requirements prior to final inspection: (FD) a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. Exit signs and exit path markings will be provided in compliance with Huntington Beach Fire Code and Title 24 of the California Administrative Code. 3. The use shall comply with the following: a. There shall be no outside storage of inoperable vehicles, vehicle parts, equipment or trailers. There shall be no inside storage of parts. b. No vehicle repair work, either inside or outside the building, shall be conducted on the site. c. There shall be no washing of vehicles conducted on=site. d. No more than ten rental cars shall be allowed on -site and no other types of vehicles or equipment shall be rented other than automobiles (cars). e. Rental car parking shall only be permitted within the interior of the rear parking lot. No vehicles can be parked in the parking area adjacent to Beach Boulevard. f. Currently, there exists one water meter serving all businesses within the center. If a separate domestic and/or fire service is required for this project, it shall be sized to meet the minimum requirements of the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC) and shall meet all requirements of the City of Huntington Beach Water Division, including appropriate backflow protection. (PW ) g. If there are any modifications to the existing water system requirement, backflow protection shall be installed on the existing water service. (PW) h. Gating of the southeast (rear) parking lot shall not be permitted. (PW ) PC Minutes — 7/13/99 13 (99PCM713) 4. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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 REOUIREMENTS: Conditional Use Permit No. 99-11 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-11 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. 99-11, 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. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 5. 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. 6. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing of landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Planning Commission. 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. PC Minutes — 7/13/99 14 (99PCM713) B-3 MASTER ENVIRONMENTAL IMPACT REPORT NO 99-1(HUNTINGTON CENTRAL PARK MASTER PLAN OF RECREATION USES) APPLICANT: City of Huntington Beach, Community Services Department LOCATION: Between Edwards on the west, Gothard Street on the east, Slater Avenue on the North and Ellis Avenue on the South PLANNER ASSIGNED: Mary Beth Broeren Master Environmental Impact Report No. 99-1 (MEIR) represents an analysis of potential environmental impacts associated with a Master Plan of Recreation Uses for Central Park (Master Plan) as proposed by the City of Huntington Beach Community Services Department. The Master Plan consists of nine elements on 157.5 acres: Sports Complex, Consolidated Camping Area, Park Tree and Landscape Maintenance Yard Expansion Area, Outdoor Music Area, Low Intensity Recreation Area, Semi -Active Recreation Area, Midden Area/Urban Forest/Trailhead, Police/Civilian Gun Range and Sully Miller Lake Group Facility. STAFF RECOMMENDATION: The MEIR concludes that the proposed Master Plan is the environmentally superior alternative. It identifies mitigation measures to, address potential environmental impacts and concludes that all but two issue areas (Aesthetics and Air Quality) can be adequately mitigated. Staff recommends that the Planning Commission recommend certification of the MEIR with a Statement of Overriding Considerations for Aesthetics and Air Quality because: • The Master Plan is consistent with the goals, objectives and policies of the General Plan • The proposed mitigation measures reduce most potential impacts to a level of insignificance • The Master Plan is the environmentally superior alternative • The environmental and social benefits of the project outweigh and override the unavoidable adverse effects of the project: temporary air quality impacts during construction and aesthetic impacts due to night lighting. The Commission requested that staff define the differences between project level and program level. Staff stated that project level includes elements that are well defined with anticipated implementation to occur within the next five (5) years. Program levels are longer -term and the specific site details are not yet determined. Program levels identify the cumulative effect of other projects and the impact to the whole project. Staff also stated that implementation of the program level elements may necessitate additional environmental analysis. The Commission asked staff about the proposed parking fee generation and whether meters would be utilized. Staff stated that a fee would be incurred but City Council would be making that decision and what type of collection method would be used. PC Minutes — 7/13/99 15 (99PCM713) Discussion occurred regarding the screening of the proposed addition to the landscape maintenance site. Staff explained the screening had been reduced because of the amount of theft and vandalism that occurs at the current site. The Commission also discussed the effects of water run-off from the Equestrian Center and traffic impacts. Staff stated the water run-off issue would be reviewed when the conditional use permit request for additional stalls at the Equestrian Center was processed. Staff stated that the vehicle trips would not increase Citywide, as the uses were being re-routed from an existing facility within the city. THE PUBLIC HEARING WAS OPENED. Frank Caponi, 6662 Glen Drive, representing Huntington Beach Environmental Board, stated that the Board felt overall that the Environmental Impact Report (EIR) was excellent. He raised one (1) issue of concern regarding the sports complex. He stated that more characterization is needed at a greater level for the design portion of the project. He is concerned about the toxicity of the soil in the landfill site and the need for further environmental analysis. Barry Ehrreich, 19931 Carmania, representing Huntington Beach Pop Warner Football, spoke in support of the request with additions to the sport complex. He stated there should be equipment storage sheds, the parking arrangements are too restrictive for parents and there are inadequate drop-off areas. Robert Schwan, 6761 Vista Del Sol, spoke in opposition to the plan's conclusion regarding the adequacy of the "existing desilation basin" for the size of the "existing equestrian center" and its relation to "Huntington Lake." He feels the report is incomplete. Chuck Beauregard, representing Save our Children, stated the facility is not meant to be a children's facility, but an adult facility. The complex will allow adults currently using other recreation fields within the city to relocate, leaving the existing facilities available to children. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed with staff the necessity of further environmental analysis if the aquatic center were to be located on an alternate site. The purpose of Talbert Lake is a retention basin. The possibility of adding multi -use trails, no need for additional Police Department services and addressing noise impacts from the sports complex to the trailer park in the Statement of Overriding Considerations. The Commission requested that staff recommend to City Council that the Environmental Board be kept apprised of the Mitigation Monitoring Program. The Commission also requested the maintenance yard expansion landscape be re -addressed and reviewed by the Design Review Board. PC Minutes — 7/13/99 16 (99PCM713) 1 A MOTION WAS MADE BY SPEAKER, SECONDED BY KERINS, TO RECOMMEND CERTIFICATION OF MASTER ENVIRONMENTAL IMPACT REPORT NO.99-1 AS ADEQUATE AND COMPLETE IN ACCORDANCE WITH CEQA REQUIREMENTS WITH A STATEMENT OF OVERRIDING CONSIDERATIONS BY ADOPTION OF RESOLUTION NO. 1546 AND THE MITIGATION MONITORING PROGRAM AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Speaker, Biddle, Livengood, Mandic NOES: Chapman ABSENT: None ABSTAIN: None MOTION PASSED C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS D-1 GENERAL PLAN CONFORMANCE NO.99-1: APPLICANT: City of Huntington Beach Public Works Department LOCATION: North of Loma Avenue, South of Adams Avenue, East of Main Street, West of Park Street PLANNER ASSIGNED: Cindy Chau General Plan Conformance No. 99-1 is a request by the City of Huntington Beach Public Works Department to determine whether the proposed vacation of an approximately 2,330 square foot alley is in compliance with the goals and policies of the General Plan. STAFF RECOMMENDATION: Staff recommends approval of General Plan Conformance No. 99-1 for the following reasons: The proposed alley vacation will be consistent with the City's Land Use, Public Facilities and Services, Urban Design, and Circulation Elements of the General Plan. The alley is not necessary to provide efficient circulation to the area, and will be used to enhance the adjacent residential development. Vacation of the property and transfer to the adjacent property owners will allow the land to be utilized to its full potential. The Commission discussed with staff whether the proposed vacation of alley is a city easement or fee owned. They want to assure that the City receive fair market value for the property. PC Minutes — 7/13/99 17 (99PCM713) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY LAIRD, TO ADOPT RESOLUTION NO.1545 APPROVING GENERAL PLAN CONFORMANCE NO.99-1 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE 99-1: 1. The vacation of the subject alley off Park Street is consistent with the following goals and policies of the Land Use, Public Facilities & Services, Urban Design, and Circulation Elements of the General Plan: a. LUPolicy 4.3.2: "Promote and support community and neighborhood based efforts for the maintenance, upkeep, and renovation of structures and sites. " The vacation of the subject alley off Park Street encourages the rational use of land and other natural resources. Since this portion of land is not necessary to maintain vehicular traffic in an orderly manner, and no other property owners need to access the alley for entrance and exit purposes, vacation of the property and transfer to the adjacent property owners will allow the land to be utilized to its full potential. Once the alley becomes private property, the adjacent property owners will be able to clean-up the alley and make necessary aesthetic improvements. b. UD Goal 1: " Enhance the visual image of the City of Huntington Beach. " By blocking public access to the alley, there will be a reduction of negative aesthetic impacts. No littering and incidents of vandalism can occur in the future if pedestrians can no longer walk through the alley. c. PF Goal 1:: "Protect the communityfrom criminal activity, reduce the incident of crime and provide other necessary services within the City. " The vacation of the subject alley off Park Street will permit the property owners to block off public access to the alley. This avoids potential incidents of crime from the public and results in greater protection for the property owners, which is consistent with the goals of the City's General Plan. PC Minutes — 7/13/99 18 (99PCM713) Commissioner Sneaker — asked the Commission if there were any objections to him applying for a position on the Huntington Beach School District School Site Study Committee. There were no objections. F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Principal Planner — restated actions from the previous City Council meeting. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess. Principal Planner — reviewed items for the July 27, 1999 Planning Commission meeting. G. ADJOURNMENT —Adjourn to the July 27,1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY ]KERINS, TO ADJOURN TO A 5:30 PM STUDY SESSION ON JULY 27, 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPR VED BY: and Zel y, Secretary PC Minutes — 7/13/99 21 (99PCM713) W-- d. , CE Goal 1: "Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. " The vacation of the subject alley off Park Street will not adversely impact the City's transportation system and is consistent with efforts to minimize adverse environmental and aesthetic effects. In addition to using the major streets that surround the project site, neighboring residents will still be able to utilize the alley that runs north -south between Adams and Loma to access their properties. Once vacated, the subject alley will still support the two residences with garages off this alley. 2. The vacation of the subject alley off Park Street is not necessary to provide efficient circulation to the area. It will be utilized to its full potential if the two property owners, who are the only ones who access the alley for vehicular purposes, are able to capture a portion of the alley. They will be able to make necessary improvements to enhance the visual appearance of the alley and as result, enjoy their properties to a greater extent. FINDINGS FOR APPROVAL — GENERAL PLAN CONFORMANCE 99-1: 1. The vacation of the subject alley off Park Street is consistent with the following goals and policies of the Land Use, Public Facilities & Services, Urban Design, and Circulation Elements of the General Plan: a. LUPolicy 4.3.2: "Promote and support community and neighborhood based efforts for the maintenance, upkeep, and renovation of structures and sites. " The vacation of the subject alley off Park Street encourages the rational use of land and other natural resources. Since this portion of land is not necessary to maintain vehicular traffic in an orderly manner, and no other property owners need to access the alley for entrance and exit purposes, vacation of the property and transfer to the adjacent property owners will allow the land to be utilized to its full potential. Once the alley becomes private property, the adjacent property owners will be able to clean-up the alley and make necessary aesthetic improvements. b. UD Goal 1: " Enhance the visual image of the City of Huntington Beach. " By blocking public access to the alley, there will be a reduction of negative aesthetic impacts. No littering and incidents of vandalism can occur in the future if pedestrians can no longer walk through the alley. c. PF Goal 1:: "Protect the communityfrom criminal activity, reduce the incident of crime and provide other necessary services within the City. " The vacation of the subject alley off Park Street will permit the property owners to block off public access to the alley. This avoids potential incidents of crime from the public and results in greater protection for the property owners, which is consistent with the goals of the City's General Plan. PC Minutes — 7/13/99 19 (99PCM713) d. CE Goal 1: "Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. " ;r The vacation of the subject alley off Park Street will not adversely impact the City's transportation system and is consistent with efforts to minimize adverse environmental and aesthetic effects. In addition to using the major streets that surround the project site, neighboring residents will still be able to utilize the alley that runs north -south between Adams and Loma to access their properties. Once vacated, the subject alley will still support the two residences with garages off this alley. 2. The vacation of the subject alley off Park Street is not necessary to provide efficient - circulation to the area. It will be utilized to its full potential if the two property owners, who are the only ones who access the alley for vehicular purposes, are able to capture a portion of the alley. They will be able to make necessary improvements to enhance the visual appearance of the alley and as result, enjoy their properties to a greater extent. MINUTE ACTION WAS PROPOSED TO FORWARD TO CITY COUNCIL, PLANNING COMMISSION'S RECOMMENDATION THAT STAFF IDENTIFY THE PORTION OF THE ALLEY TO BE VACATED AS CITY OWNED IN FEE OR IN EASEMENT. IF CITY OWNED IN FEE, THE PROPERTY SHOULD BE SOLD TO THE ADJACENT PROPERTY OWNERS AT FAIR MARKET VALUE. A MOTION WAS MADE BY CHAPMAN, SECONDED BY LIVENGOOD, TO APPROVE THE MINUTE ACTION. MOTION PASSES 6-1(MANDIC-NO). E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Laird — requested staff to forward the letter received July 12, 1999 from Robert C. Schwan, regarding Agenda Item B-3 to the proper Department for a response. Staff stated they would forward it to Community Services and Public Works Departments. Commissioner Kerins — requested staff to provide the Planning Commission with Special Events Committee Agendas and decisions. He also asked staff to investigate if there is an appeal process for the Committee's decisions. Commissioner Kerins referred to a memo received regarding B.J.'s Pizza's Code Enforcement violation for outdoor dining tables. He asked staff if all the businesses along Main Street are being monitored for the same type of violations. Staff stated affirmatively. 11 u PC Minutes — 7/13/99 20 (99PCM713)