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HomeMy WebLinkAbout1999-08-10I� J MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, AUGUST 10, 1999 STUDY SESSION - 5:30 PM (Room B-8) BUILDING DEPT. PRESENTATION — Ross Cranmer AGENDA REVIEW — Herb Fauland REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE Council Chambers - Civic Center 2000 Main Street Huntington Beach, California 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 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 Mike Adams, PO Box 382, Planning Consultant, encouraged the Commission to approve the reconsideration of Zoning Text Amendment No. 99-2 (Small Lot Development Standards) that was on the agenda this evening as Item No. E-1. He stated that small lot developments would be very difficult to achieve, as the Standards had been approved at the previous meeting. Jennilee Flynn, 638 Main Street, applicant for Item No. B-1, requested a continuance of the item to the August 24, 1999 meeting to allow time to work with staff on an alternative solution. B. PUBLIC HEARING ITEMS B-1 ENTITLEMENT PLAN AMENDMENT NO.99-6 (FLYNN PORCH ENCLOSURE): APPLICANT: West Coast Custom Rooms, Ralph James LOCATION: 638 Main Street (southeast corner of Main Street and Palm Avenue) PROJECT PLANNER: Jane James Entitlement Plan Amendment No. 99-6 represents a request by West Coast Custom Rooms, on behalf of Ms. Jennilee Flynn, to amend a previous condition of approval on a residential project. The 26 residences located on Main and Lake Streets, south of Palm Avenue, received a project - wide variance to allow construction of solid roofed front porches even though the roofed porch caused the sites to exceed site coverage. Although the variance was approved on'appeal by the Planning Commission, the approval prohibited the enclosure of open -sided, solid -roofed front porches. This entitlement plan amendment is proposed in order to permit an existing porch enclosure/sunroom to remain for a limited time at 638 Main Street. STAFF RECOMMENDATION: Staff recommends approval of Entitlement Plan Amendment No. 99-6 because a series of errors by the developer, the applicant, and City staff resulted in erroneous construction of the enclosure, the suggested conditions of approval allow the amendment for the subject property only, the enclosure will be approved for a limited time only, and requires reconstruction to its original condition when the current owner vacates the property. A MOTION WAS MADE BY BIDDLE, SECONDED BY KERINS, TO CONTINUE ENTITLEMENT PLAN AMENDMENT NO.99-6 TO THE AUGUST 24,1999 MEETING AS REQUESTED BY THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes — 8/10/1999 2 (99p=810) B-2 CONDITIONAL USE PERMIT NO.99-34 (PYRAMID AUTISM CENTER): APPLICANT: Scott E. Haug LOCATION: 8101 Slater Avenue (north side of Slater Avenue, approximately 400 feet east of Beach Boulevard) PROJECT PLANNER: Jane James Conditional Use Permit No. 99-34 represents a request by Scott E. Haug/Pyramid Autism Center to establish a private elementary school with an after -school care program. Pyramid Autism Center proposes to provide educational services to a maximum of 18 students diagnosed with autism or a related disorder and ranging in age from Kindergarten through grade 6. The school is proposed as a second tenant within a building currently occupied by Huntington Beach Community Church. The two primary issues warranting analysis by the Planning Commission are parking and compatibility with the adjacent neighborhood. As a second tenant within an existing building, the applicant has demonstrated that sufficient parking can continue to be provided for the Huntington Beach Community Church as well as for the autism school. The school will be compatible with the existing use on site and also with the adjacent residential properties because although an outdoor playground is proposed the outdoor time will be limited in scope with a staggered recess schedule. STAFF RECOMMENDATION: Planning recommends approval of the private elementary school with an after -school care program because the project contributes to the diverse needs of Huntington Beach and surrounding communities, adequate parking can be provided for both uses on the site, and the project is not anticipated to create undue noise impacts to the adjacent residential properties. THE PUBLIC HEARING WAS OPENED. Scott Haug, 400 El Bosque, Laguna Beach, President Pyramid Autism Center, gave a brief description of the proposed request and a history of the subject school. He stated this would be a groundbreaking program for California. Mr. Haug stated that he has made contact with the neighborhood residents to ensure their support. Debbe Haug, 18 Royal Tern Lane, Aliso Viejo, spoke in support of the request stating is was an excellent program with great teachers. Stacey Kochanowski, 325-12'h Street, #B, stated that she came to California specifically to be a teacher at the proposed center. She stated that the school would be great for the community and the students. PC Minutes — 8/10/1999 3 (99p=810) Bill McNamee, 325-12'h Street, #B, teacher at the proposed site, stated that the program is excellent and has been tested. He also stated that he came to California specifically to be a teacher at the proposed center. Betty Bennish, 16662 Baruna Lane, spoke in support of her sister's family who will use the center. She spoke in support of the request. Carole Ann Wall, 8215 Woolburn Drive, Therapeutic Riding Center, spoke in support of the request stating that the school program was excellent. Diane Adams, 19872 Saltwater Circle, urged the Commission to support the request stated that it is a good program and her son will be attending. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission felt the school would be a groundbreaking occurrence for California and hoped that it would receive sufficient press coverage as it opened. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.99-34 WITH FINDINGS AND SUGGESTED 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- 34: 1. Conditional Use Permit No. 99-34 for the establishment, maintenance and operation of Pyramid Autism Center, a private elementary school and after -school program 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. Pyramid Autism School will be established as a secondary tenant within the existing Huntington Beach Community Church. The proposed school contributes to serving the diverse needs of Huntington Beach and surrounding communities, adequate parking can be provided for both uses, and although adjacent residential properties may hear some noise from the playground, PAC proposes a maximum of 18 students and staggered recess schedule. C PC Minutes — 8/10/1999 4 (99p=810) 2. The conditional use permit will be compatible with surrounding uses because adequate parking is provided both for the existing use, Huntington Beach Community Church, and the proposed school, Pyramid Autism Center, a staggered recess schedule is proposed for use of the outdoor playground, and PAC anticipates community outings and field trips at least one day a week. 3. The proposed private elementary school and after -school care program 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. No interior tenant improvements are proposed on the existing building and although parking will be removed as a result of playground installation, sufficient parking will remain for both Pyramid Autism Center and Huntington Beach Community Church. 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 CG-F1 (General Commercial-0. 3 5 FAR) on the subject property: Objective LU 10.1: 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 residents, serve the surrounding region, serve visitors to the City, and capitalize of Huntington Beach's recreational resources. Policy LU 10.1.11: Promote the introduction of a diversity of uses in Commercial General centers, particularly those containing anchor grocery stores that improve their relationship with surrounding residential neighborhoods and increasing their viability as places of community activity. These may encompass such uses as adult or child daycare facilities, community meeting rooms, "neighborhood" restaurants, entertainment, and cultural facilities. Policy LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Goal LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. The proposed project meets all of the above goals and policies because the PAC school will meet the diverse needs of the community and surrounding region, will likely offer after - school care for enrolled students in the future which will foster a relationship with the neighborhood, and will adequately protect the abutting residential properties from undue noise by using the outdoor playground on a limited basis. 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 California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 of the CEQA Guidelines, because the proposed second tenant within the church building represents the continued operation and minor amendment to an existing structure and requires no further environmental review. PC Minutes — 8/10/1999 5 (99pcm810) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-34: 1. The site plan, floor plans and elevations received and dated July 16, 1999 shall be the conceptually approved layout with the following modifications: a. The site plan shall be revised to demonstrate an additional three feet in width for each parking stall adjacent to the playground fence. (Code Requirement) b. The playground fence shall be vinyl coated chain -link or similar material approved by the Planning Director. c. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 2. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Submit a copy of the revised site plan pursuant to Condition No. 1 to the Planning Department for review and approval and inclusion in the entitlement file. b. A building permit shall be obtained for construction of the vinyl coated chain -link fence around the playground. c. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. d. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) Address numbers will be installed to comply with City Specification No. 428. (FD) 3) 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. (FD) e. Provide a Building Code Analysis to demonstrate compliance with 1997 edition of the Uniform Building Code for: 1) Occupancy requirements (Chapter 3) (BD) 2) Allowable Area (Chapter 5) (BD) 3) Exiting (Chapter 10) (BD) 4) Other sections as they apply (BD) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. PC Minutes — 8/10/1999 6 (99pcm810) 3. 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 for Pyramid Autism Center shall be limited to between Monday - Friday from 7:30 AM to 5:00 PM. d. The school shall consist of a maximum of three classrooms/18 students. Any request to exceed these maximums shall require approval of a new conditional use permit or entitlement plan amendment and a public hearing by the Planning Commission. e. All Conditions of Approval established in Conditional Use Permit No. 97-58 for Huntington Beach Community Church shall remain in effect. f. Phase Two of Huntington Beach Community Church shall not be implemented without the prior written approval of the Planning Director. The Planning Director shall verify compliance with parking and all other conditions of approval established in Conditional Use Permit No. 97-58 prior to approval of Phase Two. g. Only the uses described in the narrative shall be permitted. 4. 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. 99-34 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-34 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. 99-34, 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. PC Minutes — 8/10/1999 7 (99pcm810) 4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 5. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. 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. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Planning Commission. 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 Planning Department within two (2) days of the Planning Commission's action. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED JULY 27,1999 A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED JULY 27,1999, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None PC Minutes — 8/10/1999 8 (99pcm810) 1 FJ1 I E. PLANNING COMMISSION ITEMS E-1 RECONSIDERATION OF PLANNING COMMISSION APPROVAL OF ZONING TEXT AMENDMENT NO.99-2 (SMALL LOT DEVELOPMENT STANDARDS) Requested by; Commissioner Mandic Commissioner Mandic felt that the subject request needed to review again after further deliberation on her part. She stated that many items were changed and they did not have a chance to see the changes put together as a whole. She requested that the Commission consider a reconsideration of their approval of Zoning Text Amendment No. 99-2. A MOTION WAS MADE BY MANDIC, SECONDED BY LIVENGOOD, TO RECONSIDER THE PLANNING COMMISSION APPROVAL OF ZONING TEXT AMENDMENT NO.99-2 AT THE AUGUST 24,1999 MEETING, BY THE FOLLOWING VOTE: AYES: Laird, Speaker, Biddle, Livengood, Mandic NOES: Kerins, Chapman ABSENT: None ABSTAIN: None MOTION PASSED Commissioner Speaker requested that staff schedule a meeting with Commissioner Mandic, staff members and himself to review the reconsideration process. E-2 PLANNING COMMISSION COMMITTEE REPORTS None E-3 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — asked staff to report back with an update on City Council appeals filed against the Planning Commission's actions. Staff stated they would report back. Commissioner Chapman — asked staff if the applicant who requested a continuance for Item 13-1 was correct when she stated that the staff report and staff s proposal differed. Staff stated that this was not true; however, they are in the process of trying to get the applicant to concur with staffs recommendation. PC Minutes — 8/10/1999 9 (99pcm810) Commissioner Chapman stated that at the last meeting he requested staff investigate who will maintain the landscaping around the new Holly Seacliff School. Staff stated that the School District has scheduled a meeting next week with City Administration, City Council, School District personnel and area homeowners to discuss the matter. He asked staff if that meeting had occurred and if so what was the outcome. Staff stated that the meeting had occurred and it was determined that the School District is responsible for the maintenance of the landscape area. The School District is working with the Public Works Department on possibly changing the landscaping materials for easier maintenance. This was a preliminary meeting and follow-up meetings will be scheduled. Staff will keep the Commission informed of the progress. Commissioner Chapman asked staff if the School District changed the landscape materials would an amendment to the Specific Plan be necessary. Staff stated it would not. Commissioner Biddle — requested a status report regarding the remains found at the construction site at Bolsa Chica Street and Los Patos Avenue (Sandover Project). Staff stated they would report back as soon as they received the information. Commissioner Biddle asked staff if an archeologist has been on -site, at the aforementioned project, as required by the conditions of approval. Staff stated that they have been performing spot checks to monitor this condition and have found an archeologist on -site each time they have visited the site. Commissioner Livengood — stated concern that the Design Review Board agenda reflected an application for the Daliri Gas Station to include a gas station/convenience market, self-service car wash and pump island canopy. His concern is that the Planning Commission denied the car wash aspect of the project and asked staff to investigate. Staff stated they would report back. Commissioner Livengood asked staff to have the Code Enforcement investigate the neglected landscaping on the northeast corner of Edinger and Springdale. He also asked that the northeast corner of Graham and McFadden be inspected for neglected landscape and the parking of commercial bobtail trucks. Commissioner Mandic — requested staff to forward a copy of the Coroner's report to the Commission as soon as it is released in regards to the remains found at the Sandover Project location. Commissioner Mandic asked staff how often spot checks were done on the aforementioned site. Staff stated that spot checks were performed one (1) to two (2) times a week. Commissioner Mandic stated that the parking lot at the remodel construction of Seacliff Village looks as though it has a four (4) to five (5) foot grade differential to the street, and asked if this was in accordance with the approved conditions. Staff stated that a grade differential of four (4) to five (5) feet had been approved. PC Minutes — 8/10/1999 10 (99pcm810) F. PLANNING ITEMS F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — restated actions taken at the previous City Council action, including the Council approval of the Zoning Text Amendment to allow outdoor dining with alcohol in the downtown area and the appeal of the Waterfront project to the Coastal Commission. The Commission stated concern that their minute action to adopt a zero tolerance policy for violations of the proposed outdoor dining with alcohol were not put into a resolution or some form of documentation that would ensure compliance and enforcement. Staff stated that the Commission could forward a memo to the City Council for the second reading of the proposed zoning text amendment relaying the Commission's concerns and their request for a stronger documentation. The Commission asked staff the appeal of the Waterfront project would delay the project. Staff stated that the portion of land under appeal is proposed to be the residential area, which has not yet been approved. The hotel portion of the project can go forward, but a timely resolution of the appeal is important to the overall project. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, .Senior Planner — reviewed items for the August 24, 1999 meeting. G. ADJOURNMENT —Adjourn to the August 24,1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY LIVENGOOD, TO ADJOURN TO A 5:30 PM STUDY SESSION ON AUGUST 24, 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 APP OVED BY: /I-. I - - __� ward Zefefsk , ecretary PC Minutes — 8/10/1999 11 (99p=810)