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HomeMy WebLinkAbout2002-01-08MINUTES Huntington Beach Planning Commission Tuesday, January 8, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:16 P.M. PLANNING COMMISSION GOALSA OBJECTIVES — Herb Fauland, PLANNING COMMISSION CODE OF ETHICS Herb Fauland' ANNUAL WORKSHOP AGENDA — Herb Fauland FUTURE STUDY SESSION ITEMS — Herb Fauland, PLANNING COMMISSION INQUIRIES — Herb Fauland MAJOR PROJECTS UPDATE — Herb Fauland AGENDA REVIEW — Herb Fauland PUBLIC COMMENTS — Herman Thordsen spoke regarding the Pegasus School Expansion. Regular Meeting City Council Charnhers 7:06 P.M. PLEDGE OF ALLEGIANCE —' Ch'Uck'B-um- ey, Division Chief, Fire D . epartment P P P P P P P ROLL CALL: Hardy, Kerins, Shomaker, Mandic, Livengood, Kokal, Borden NOMINATIONS AND ELECTION OF CHAIRPERSON A MOTION WAS MADE BY LIVENGOOD, SECOND BY BORDEN, TO ELECT JAN SHOMAKER. AS PLANNING COMMISSION CHAIRPERSON BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes January 8, 2002 Page 2 NOMINATIONS AND ELECTION OF VICE -CHAIRPERSON A MOTION WAS MADE BY SHOMAKER, SECOND BY KERINS, TO ELECT JILL HARDY AS PLANNING COMMISSION VICE -CHAIRPERSON BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED RECESS - REORGANIZATION OF SEATING PRESENTATION OF RESOLUTION NO. 1566. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, EXPRESSING APPRECIATION TO OUTGOING CHAIRPERSON CONNIE MANDIC Chairperson Shomaker presented Resolution No. 1566, expressing the Commission's appreciation to outgoing Chairperson Connie Mandic. AGENDA APPROVAL A. ORAL COMMUNICATIONS - None. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), - Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. A MOTION WAS MADE BY KERINS -'SECOND BY MANDIC, TO REOPEN THE PUBLIC HEARING FOR ITEM NO. 9-1 BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shornaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (02p=0108) PC Minutes January 8, 2002 Page 3 B-1. ENTITLEMENT PLAN AMENDMENT NO. 01-01 — CONTINUED FROM NOVEMBER 27,2001 WITH THE PUBLIC HEARING CLOSED (PEGASUS SCHOOL EXPANSION): ' Aoi3licant: � Ricardo Nieva, Pegasus School Recluest To amend Condition of Approval No. 2 of Conditional Use Permit No. 95-33 and allow an increase of student enrollment from 500 to 565 students. The project also includes a request to relocate 31 existing oVerflow parking spaces from Shalom Drive to behind the Activities Center and to pennit the Shalom Drive parking lot for staff parking only. Location: 19692 Lexington Lane (east side of Lexington Lane between Shalom Drive and Shangri La Drive) Pnolect Planner: Jane James 4- Entitlement Plan Amendment No. -01 -01 reque st: -' , Amend Condition of Approval No. 2 of Conditional Use Permit No. 95-33 to allow an increase of student enrollment from 500 to 565 students at The Pegasus School; Relocate 31 existing overflow parking spaces adjacent to the Activity Center building; and Permit the use of an existing parking area adjacent to the Shalom Drive frontage for permanent staff parking. * Continued from ' November 27i-2001 - Planning Commission meeting to allow exploration of traffic mitigation measures within the Glen Mar neighborhood. * Staff s Recommendation: Approve Entitlement Plan Amendment No. 01-01 based upon the following: Consistent with General Plan objectives and policies advocating inclusion of educational uses that support resident needs within residential neighborhoods, provision of employment opportunities for residents ' of the City and surrounding region and enhancement of the educational opportunities available to the.youth of the community. Complies with applicable HBZSO site development standards including parking. A comprehensive Traffic Mitigation Plan outlines all existing and proposed mitigation measures to reduce traffic impacts in the neighborhood. No net increase in Pegasus related traffic,trips will occur as a result of 65 additional students. Compatible with surrounding residential development because no new structures are proposed. Overflow parking area will be relocated within the center of the site and the Shalom Drive parking area will be utilized for staff parking to minimize traffic and noise impact to adjacent residences. Overflow parking area -will only be used during scheduled school events with high attendance. Traffic to and from the overflow parking area will be directed by two parking attendants and will be clearly designated.by placement of barriers to ensure safety of pedestrians and drivers. (02PCM0108) PC Minutes January 8, 2002 Page 4 Commission Members Hardy and Livengood disclosed that they participated in a subcommittee meeting with the applicant and their representatives, staff, and certain residents of the Glen Mar residential tract. Commission Members Hardy, Mandic, Livengood, Kokal and Borden disclosed that they had spoken with the applicant by phone. Staff made a presentation to the Commission. Questions/comments included: • Accuracy of traffic counters (options identified: 1) use current numbers reported by the applicant or 2) have Public Works staff recount) • Number of Pegasus students who ride the bus (reported in earlier staff reports) • Deletion of language on Attachment 3.2 related to the addition of a parking lot expansion on Lexington • Is the project subject to review by CEQA (no because it does not involve new construction) Establishment of a baseline for traffic volume count Impacts of red curbing to prohibit parking Additional traffic signage and possible relocation of bus stop location on Shalom THE PUBLIC HEARING WAS -OPENED. Herman Thordsen, Monitor*Drive, spoke in opposition of the item. Mr. Thordsen discussed traffic information provided by the applicant's traffic engineer and the late communication item he provided the Commission that included pictures of vehicles parked along Lexington Lane and Shangri La Drive. He also mentioned a website where actual pictures of moving traffic in this area can be viewed. Yvonne Flores, Lexington Lane, spoke in opposition to the item. Ms. Flores stated her support for the recommended conditions of approval and the no net increase in traffic. She urged the Commission to establish an enrollment cap to prohibit future increase in the number of students attending Pegasus. She also stated that cut -through traffic creates an unsafe environment, calling for an evaluation by the City and the Fountain Valley School District. Ricardo Nieva, applicant, spoke in favor of the item. Mr. Nieva stated that Pegasus is willing to work with the Traffic Engineer to mitigate the traffic issues discussed. He discussed the school's busing and carpool system and staff parking signage. Laura Hathaway, applicant, spoke in favor of the item. Ms. Hathaway stated that Pegasus would work with the City and Glen Mar residents to alleviate traffic problems. She assured the Commission that Pegasus has no future plans to request an increase in enrollment. She also discussed the Outreach Committee (02PCM01 08) PC Minutes January 8, 2002 Page 5 and research during holiday periods. She outlined the number of new students in various grades, and the different locations they travel from. She explained the number of special events held by Pegasus.- and how they handle such events, including noticing residents. She stated that the overflow parking lot is utilized approximately four (4) times per year. She stated that Pegasus does not rent out rooms for outside events. Betty Friedrichs, Wishfield Circle,- spoke in favor of -the item. Ms. Friedrichs discussed the established baseline for reported traffic counts and the additional measures initiated by Pegasus to mitigate traffic problems (busing, carpooling, signage). She,made suggestions regarding signage and bus stop relocations. Barry Williams, Wellbank Lane, spoke in favor of the item. Mr. Williams praised Pegasus for being recognized as a ' "Blue Ribbon' school, and for their efforts to mitigate traffic issues. - He urged the Commission and staff to address the cut - through traffic issues related to the Glen Mar neighborhood, Joshua Cain, Havenwood Circle, spoke in favor of the item'.- Mr. Cain praised Pegasus for making every effort possible to mitigate traffic issues. Mr. Cain has children who attend Pegasus and attends the,Glen Mar HbA meetings. He also mentioned that Pegasus traffic personnel watch andwam motorists who violate traffic regulations. Stacy McIlveen, Shalom Drive, spoke in favor of the item. Ms. Mcilveen stated that several Glen Mar residents were pleased with the enhancem ents made by Regasus affecting the Glen Mar neighborhood (improved signage, landscaping, parking, play area access and lighting). Lisa Kurzeil, Princeville Court, spoke in favor of the item. Ms. Kurzeil explained the emotional history behind Glen Mar residents who purchased their property to be near a public school system. She praised Pegasus for their traffic mitigation measures and mentioned that motorists abusing residential speed limits are primarily those cutting through the neighborhood, not Pegasus parents. David Berardi, Lexington Lane, spoke in favor of the - item. - Mr. -Berardi stated that the carpool and busing programs work well in alleviating traffic problems in the Glen Mar neighborhood. Penny Lambright, Ranger Lane, spoke in opposition to.the item. She voiced concerns about cut -through traffic and urged the City to establish a plan that addresses traffic concerns related to Glen Mar at Adams and Brookhurst. Michelle Carr, Pegasus School staff member, spoke in support of staffs recommendation to approve the applicants request. Justain Jusof, La Cresta Circle, spoke in favor of the item. He recognized Pegasus as a "national school of excellence" that benefits the community. He stated that the special events are not unique to private schools. His mentioned that the majority of Glen Mar residents support the request as long as Pegasus makes all efforts to mitigate traffic impacts. (02P=0108) PC Minutes January 8, 2002 Page 6 Linda Neilan, Shangri La, spoke in opposition to the item. Ms. Neilan discussed correspondence she provided to the Commission regarding cut - through traffic. Richard Harlow, Main Street, spoke in favor of the item. Mr. Hadow stated that the applicant has demonstrated all efforts to mitigate traffic with the request for expansion. He discussed the school gates being locked at 9:00 p.m., and overflow parking gates being locked at 10:00 p.m. WITH NO ONE PRESENT TO SPEAK ON THIS ITEM, THE PUBLIC HEARING WAS CLOSED. The Commission asked staff to provide percentage figures relative to cut- througli traffic it -Ranger and Ad6his.- Staff replied that 55% of the traffic counted during the study peri-bd 'was cut -through and not related to Pegasus School. The Commission asked if the Pegasus Neighborhood Outreach Committee was involved in *subcommittee discussion held that included the applicant and their representatives, City staff and Planning Commission members. The Commission stated that although the Pegasus Neighborhood Outreach Committee was not present at the meeting, all historical documentation was on hand to reflect the concerns of the Glen Mar residents. The Commission then provided an overview of the subcommittee meeting, including who was present, ways to initiate a 0% traffic impact with the addition of 65 new students, the Pegasus busing and carpool programs, and how to mitigate cut -through traffic. The Commission inquired about temporary overflow parking and number of special events. Staff explained that the condition of approval does not limit the use of temporary overflow parking to a specific number of special events. The Commission praised the applicant, Glen Mar residents and staff for their diligence in working together to resolve traffic impact issues. The Commission, staff and the applicant discussed the preschool play yard area, specifically what time the school locks the gates to prohibit pedestrian and animal trespassing. (02p=0108) PC Minutes January 8, 2002 Page 7 A'STRAW'VOTE'MOTION WAS MADE BY LIVENGOOD TO INCLUDE WITHIN THE FINDINGS (STET) LANGUAGE CAPPING STUDENT ENROLLMENT AT 665 STUDENTS BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy; Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A STRAW VOTE MOTION WAS MADE BY KOKAL, SECOND BY LIVENGOOD, TO INITIATE A "LIVE TRAFFIC" COUNT BY PUBLIC WORKS STAFF BY THE, FOLLOWING VOTE: AYES: Kokal NOES: Mandic, Kerins, Hardy, Shomaker, Livengood,- Borden -ABSENT: None ABSTAIN: None MOTION FAILS Discussion efisued regarding language within the conditions of approval identifying Public Works Staff as the lead engineer on future t raffic impact study on the Glen Mar neighborhood. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO HOLD INFORMATIVE GLEN MAR COMMUNITY MEETINGS A MINIMUM OF THREE (3) TIMES PER YEAR BY THE FOLLOWING VOTE: AYES: Mandic, Hardy, Livengood, Kokal, -Borden NOES: Kerins, Shomaker ABSENT: None ABSTAIN: None MOTIONPASSED A STRAW VOTE MOTION'WAS MADE BY LIVENGOOD TO PROHIBIT PEGASUS THE OPTION OF RENTING SCHOOL FACILITIES TO OUTSIDE ORGANIZATIONS BY THE FOLLOWING VOTE: AYES: . Mandic,-Kerins, Shomaker, Liveng6od, Kokal NOES: Hardy, Borden ABSENT: None ABSTAIN: None MOTIONPASSED'' (02peMO108) PC Minutes January 8, 2002 Page 8 A MOTION WAS MADE BY BORDEN, SECOND BY KOKAL, TO APPROVE ENTITLEMENT PLAN AMENDMENT NO. 01-01 WITH MODIFIED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BYTHE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED ADJOURN FOR A 5-MINUTE RECESS Discussion ensued regarding the suggested minute action on cut -through traffic in the Glen Mar neighborhood. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BORDEN, TO FORWARD AMENDED MINUTE ACTION TO THE CITY COUNCIL REQUESTING THEIR CONSIDERATION TO FURTHER EVALUATE CUT - THROUGH TRAFFIC IN THE GLEN MAR NEIGHBORHOOD BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 01-01 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: 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 I of the CEQA Guidelines, because- operabon or minor alteration of existing private facilities involving negligible or no expansion of use beyond that previously existing is exempt -from environmental review. FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 01-01: 1. Entitlement Plan Amendment No. 01-01 for the expansion of an existing private school facility (Pegasus School) by: a) amending Conditional Use permit No. 95-33 Condition of Approval No. 2 to allow an increase of student enrollment from 500 to 565 students and a commitment by Pegasus School to not increase enrollment beyond 565; b) relocating 31 existing overflow parking spaces adjacent to the Activity Center building; and c) establishing a (02p=0108) PC Minutes January 8, 2002 Page 9 permanent staff parking lot with 35 parking spaces adjacent to the Shalom Drive frontage 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 existing private school use on the subject site was previously approved by the Planning Commission. The proposed expansion will minimize noise and traffic impacts to adjacent residential areas by placing the overflow parking within the interior of the site and providing adequate parking to serve the facility on -site. 2. The entitlement plan amendment will be compatible with surrounding uses because: No new structures are proposed to house the additional 65 students. The temporary overflow parking area will.be relocated.within the center of the site and the parking area along Shalom Will be utilized for staff parking only to minimize traffic and noise impact to adjacent residences. The overflow parking area will be located approximately 200 ft. from the nearest residential lot to- the north of the site and will only be used during scheduled events With high attendance during the year.. Traffic to and from the overflow parking area will be directed by two parking attendants who will be,available at least half. hour prior to and after events with high attendance.. - i Vehicular and pedestrian circulation paths leading to or through the overflow parking area during special events will be clearly designated by placement of wooden horses and caution tape to ensure safety of pedestrians and drivers. No net increase in Pegasus related traffic trips would occur as a result of 65 additional students.-. 3. The proposed private school facility expansion 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, including parking, and any specific condition required for the proposed use in the district in which it would be located., Eighteen permanent surplus parking spaces and 31 temporary overflow parking spaces will be provided on site. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of P (RL) Public, with and underlying designation of Residential Low Density on Ahe subject property. In addition, it is consistent with the following goals and policies of the General Plan: Oblective LU 7. 1: i Accommodate the development of a balance of land uses that a) provides for the housing, commercial, employment, educational, cultural, entertainment, and recreation needs of existing and future residents, b) provides employment opportunities for residents of the City and surrounding subregion, c) captures visitor and tourist activity, and d) provides open space and aesthetic "reuer from urban development. (02pr-MO108) PC Minutes January 8, 2002 Page 10 Obiective LU 9.4: Provide for the inclusion of recreational, institutional, religious, educational, and service uses that support resident needs within residential neighborhoods. Policy LU 9.4.3: Encourage the development and public use of City/District joint use facilities where City parks and school facilities adjoin one another in order to maximize the use of property, minimize the cost of development, and enhance the recreational and educational opportunities for the community. The proposed development will allow the expansion of a private school facility, thereby enhancing the educational opportunities available to the youth of the community, and employment opportunities for residents of the City and surrounding region without impacting surrounding residential development. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 01- 01: 1. The'site plan, floor plans and elevations received and dated July 30, 2001 shall be the conceptually approved layout. 2. , Prior to enrolling any students beyond the current 500 student cap, Public Works Traffic Engineering and Planning staff shall utilize existing data or commission a new study, if necessary, to establish a baseline of current Pegasus School related vehicle trips in the neighborhood. A method of monitoring Pegasus School's vehicular trips on an annual basis shall also be established by the Public Works Traffic Engineering and Planning Departments. Establishing the baseline and the annual monitoring shall be at the expense of Pegasus School. I Fountain Valley School District shall be contacted to request relocation of the public school bus stop currently located on the north side of Shalom, just east of Lexington -so that this section of Shalom can be utilized for carpool queuing. Pegasus School shall submit written evidence of their request to Fountain Valley School District and the Districfs response prior to enrolling any students beyond the 500 student cap. 4. -Public Works staff shall be contacted to provide "No Parking 2:00 PM to 4:00 PM Monday -Friday" signs on the north side of Shalom Drive. Pegasus School shall submit written evidence of their request to Public Works and Public Works' response prior to enrolling any students beyond the 500 student cap. 5. The use shall comply with the following: a. Pegasus School shall adhere to the practices outlined in the Traffic Mitigation Program received and dated December 21, 2001 from Pegasus School and signed by the representative from Institutional Advancement. The Traffic Mitigation Plan shall be amended to include a (0:�=0108) PC Minutes January 8, 2002 Page I I .. minimum of three neighborhood meetings per year and the reference to -adding a parking lot expansion on Lexington shall be deleted. b. - Maximum student enrollment shall be 565 students. c. A third bus shall be subsidized by Pegasus School. d. If Pegasus School is successful in obtaining relocation of the public school bus stop from the north side of Shalom, then the carpool queue line shall begin on the north side of Shalom Drive and end on Carmania. Carpooling vehicles shall only utilize the section of Shalom Drive between Lexington and Carmania. No carpooling vehicles shall utilize Shalom to the east,of Carmania for queuing or turning movements. e. The temporary overflow parking area shall be limited to the designated area'dep-icted on the site plah dated July 30;2901, and_shall be used for all high attendance events such as Back to School Night, Open House, and major s porting events during the yea ir� f. Vehicular and pedestrian circulation paths leading to or through the overflow parking area during special events will be clearly designated by placement of barricades to ensure safety of. pedestrians and drivers. g. - A minimum of two parking lot attendants shall be provided one half hour prior to and until one half hour aftereach school event to facilitate proper use of the temporary overflow parking area. h. No net increase in Pegasus related vehicular traffic shall occur beyond the baseline of established trips as described In Condition of Approval No. 2 above. I. Pegasus School's vehicular trips shall- be monitored on an annual basis at the direction of Public Works Traffic Engineering staff to determine that no net increase in school related vehicular trips has occurred. All -monitoring efforts by Public -Works staff shall be reimbursed by Pegasus 'School.. Pegasus School facilities shall not be leased to other users. 9 A review of the use shall be conducted by staff, without public hearing, within 12 months of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applica ble Chapters of the Huntington Beach Zoning and Subdivision Ordinance., If it is determined that Pegasus School's vehicular trips have increased beyond the baseline as described in Condition of Approval No. 2, then a public hearing before Ahe Planning Commission shall be scheduled. 1 Oi All other conditions of approval for Conditional Use Permit No. 88-56, 95-33 and 96-89 shall remain in effect (02p=0108) PC Minutes January 8, 2002 Page 12 11. 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 Huntington Beach Zoning and Subdivision Ordinance. 12. The applicant and/or applicants representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 01-01 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 01-01 shall become null and void unless exercised within one year of the date of final approval which is January 8, 2003, 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 Entitlement Plan Amendment No. 01-01, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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. The applicant shall submit a check in the amount of $43.00 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 Oran-ge and submitted to the Planning Department within two (2) days of the Planning Commission's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. (02p=0108) PC Minutes January 8, 2002 Page 13 8.' -All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. - Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. B-2. ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (NO. 90-11 COMPLIANCE REPORT Applicant: City of Huntington Beach Request: - Annual review of the Holly-Seacliff Development Agreement Compliance Report., Location: Approximately 490 -acres located between Ellis Avenue on the north , Runtingt6h 8tr6et 66 the bastf- Edwards Street on the west and the Seacl,iff Golf Course on the South Project Planner. Mary Beth Broeren Annual Review of Holly Se�acliff Development Agreement No. 90-1 request: - Purpose to ascertain good faith compliance by* Devdloper'with terms of the Agreement and evaluate annual progress with required improvements.. - Eleventh consecutive review; previous reviews have"determined compliance. Staffs Recommendation: Determine Developer is in compliance and forward to City go-uncil based upon the following: Reasonable progress has been made in completing required improvements De461oper has complied with terms bf 1990 Development Agreement and 2000 Settlement Agreement to -date. Commissioner Hardy excused herself from action.on the item- due to a conflict of interest. Staff made a presentation to the Commission.' THE PUBLIC HEARING WAS OPENED. Bill Holman, applicant with ' PLC Land Company, spoke in favor of the item. Mr. Holman discussed the status of reimbursements for low to moderate -income housing., He also mentioned Chevron Corporation's responsibility to clean up or buy back the proposed neighborhood park- area located along Promenade Parkway and Gothard Street. WITH NO ONE PRESENT TO SPEAK ON THIS ITEM,THE PUBLIC HEARING WAS CLOSED. (04=0108) PC Minutes January 8, 2002 Page 14 Discussion ensued regarding the proposed neighborhood park on Promenade Parkway. The Commission inquired if the area is feasible for a neighborhood park, and whether or not the City will take title of the property. It was mentioned that a City Council subcommittee would decide on acceptance of the site, landscaping and fencing elements. The Commission inquired about the improvements to the north half of Ellis Avenue between Edwards and Goldenwest streets. Staff explained the delay in relocation of the oil line located on the property, changing the anticipated Phase 2B completion date to sometime in March, 2002. Staff explained to the Commission the process of reimbursing developers for property improvements.associlate-d with. new development that provide the City with traffic and -assessment district fees, new storm drains, sewers, etc. A MOTION WAS MADE BY KERINS, SECOND BY SHOMAKER, TO APPROVE THE ANNUAL REVIEW OF THE HOLLY SEACLIFF DEVELOPMENT AGREEMENT (NO; 90-0,11) COMPLIANCE REPORT BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Hardy MOTION PASSED B-3. --COASTAL DEVELOPMENT PERMIT NO. 01-19; CONDITIONAL USE PERMIT NO. 01-53 (RESTAURANT WITH OUTDOOR DINING, ALCOHOL SALES AND ENTERTAINMENT): Applicant: Keith Bohr Recluest: To permit the conversion of an existing 3,800 sq. ft. vacant retail suite for restaurant use. The request includes a 400 sq. ft. outdoor dining area, alcohol sales, live entertainment, and participation in the parking in -lieu fee program for 19 spaces. Location: 200 Main Street, Ste. 116 Project Planner: Wayne Carvalho Coastal Development Permit No. 01-19 and Conditional Use Permit No. 01- 53 request-, - Convert an existing 3,800 sq. ft. vacant commercial suite from retail use to restaurant use - Permit 400 sq. ft. outdoor dining area - Permit alcohol sales in conjunction with the restaurant - Permit live entertainment Permit participation in the Parking- In -Lieu Fee Program for 19 spaces/$263,536 Staffs Recommendation: Deny Coastal Development Permit No. 01-19 and Conditional Use' Permit No. 01-53 based upon the following: (02p=0108) PC Minutes January 8, 2002 Page 15 City has approved'over 200 spaces in the Downtown Parking In Lieu Fee Program without addressing the use of the fees for future parking opportunities. Further direction by the City Council on use of the fees shall be received prior to approving additional in lieu parking agreements with downtown property owners. The 19 additional spaces'or almost 10% of the total number of spaces in the program may have an impact on implementation of the program and downtown parking. Additional requests by property owners to participate in the parking in lieu fee program may impact the implementation of the Downtown Parking Master Plan. Commissioner Shomaker excused herself from action on the item due to a conflict of interest. Commissioners Mandic, Kerins, Livengood, Kokal and Borden, disclosed that they spoke with the applicant.and visited the project site._- ­ Staff made, a presentation to , theCommission. THE PUBLIC HEARING WAS OPENED. Keitti Bohr, applicant, spoke in- favor of th6 Commission approving Altemative Action T". Lorenzo Reyes, IHOP Corporation, spoke in favor of the item and was available to answer any questions. He discussed the number of proposed employees, including shift assignment percentages that vary during morning, afternoon and evening hours. Jeff Bergsma, Team Design, spoke in favor of the item -and addressed the Commission's concerns about outdoor dining conditions related to "fast food" service. WITH NO ONE PRESENT TO SPEAK ON THIS ITEM, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding participation in the Downtown Parking In -Lieu Fee Program. Elements of the discussion included downtown parking surplus figures,.shared parking, signage for structure parking, structure parking hours, and reference to data included in the 1995 Downtown Parking Master Plan. Staff informed the Commission that the California Coastal Commission approved the Downtown Parking Master Plan Update published in September, 2000.' - * ' ' -'": - -. I'- - . (02P=0108) PC Minutes January 8, 2002 Page 16 The Commission voiced concerns about outdoor dining fencing and fast food containers. The Commission discussed the proposed square footage, and conversion from retail to restaurant use. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BORDEN, TO APPROVE ALTERNATIVE ACTION "B" FOR COASTAL DEVELOPMENT PERMIT NO. 01-191CONDITIONAL USE PERMIT NO. 01-53 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: Shomaker MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 011-1191CONDITIONAL USE PERMIT NO. 01-53 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-19: 1. Coastal Development Permit No. 01-19 for the development project, as proposed, conforms with the General Plan, including the Local Coastal Program. The conversion of the retail space for restaurant use conforms to the General Plan land use designation of Mixed Use. The proposed restaurant will not impact public views or access. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The conversion of the 3,800 sq. ft. suite for a restaurant with outdoor dining, and the participation in the parking in lieu fee program for 19 spaces will not have an impact on the Main Promenade parking structure and Downtown Parking Master Plan. Furthermore, the restaurant will conform to all applicable codes including setbacks, and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All required infrastructure currently exists on the subject site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the restaurant conversion. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-53: 1. Conditional Use Permit No. 01-53 for the establishment, maintenance and operation of a 3,800 sq. ft. restaurant with outdoor dining, and participation (02p=0108) PC Minutes January 8, 2002 Page 17 -in the Downtown Parking In Lieu Fee Program for -19 spaces 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. Bated upon the Downtown Parking Master Plan, the restaurant conversion will be provided with adequate parking. 2. The conditional use permit will be compatible with surrounding uses because the proposed restaurant with outdoor dining will be compatible with surrounding restaurant, retail,- office and residential uses in the area. 3. The proposed restaurant conversion 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. The restaurant conversion will conform to all applicable codes including setbacks, floor area ratio, parking- and landscaping. 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 Mixed Use on the subject property. - In addition, it is consistent with the following goals and policies of the General Plan:-, a. Require that mixed use developments be designed to mitigate potential conflicts between the commercial and residential uses, considering such uses as noise, lighting, security, and truck and automobile access. (LU b. Require that mixed use development projects be designed to achieve a consistent and high quality character. (LU 11.1.7) - The proposed conversion involves the occupancy of an existing commercial suite with m.inor exterior alterations for constructing the outdoor dining area. All exterior alterations are designed to be compatible with the existing architecture of the building. 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 of the CEQA Guidelines, since the project will not result in an expansion of the existing use and is located in an urbanized area. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 01- 191CONDITIONAL USE PERMIT NO. 01-53: 1. The site plan and floor plans received and dated November 20, 2001, and elevations received and dated August 21, 2001 shall be the conceptually approved layout with the following modifications: - . a., Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be (02pan0108) PC Minutes January 8, 2002 Page 18 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) b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers, Said screening shall be architecturally compabble 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) c. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal SeNice), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to submittal for building permits, the following shall be completed: a. The Design Review Board shall review and approve all exterior modifications to the building including, but not limited to, outdoor dining areas, fencing, landscaping and signage. b. Submit a copy of the revised site plan, floor plans and elevations following review and approval by the Design Review Board for inclusion in the entitlement file; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevabons, and materials sample board, to the Planning Department for inclusion in the entitlement file. c. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. d. The property owner shall submit an In -Lieu Parking Fee Participation Agreement to the Planning Department. The agreement shall be reviewed and approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the Orange County Recorder. (City Council Resolution Nos. 6720 and 6721) 3. Prior to issuance of a Certificate of Occupancy, the following shall be completed:' (02p=0108) PC Minutes January 8, 2002 Page 19 a.- The existing domestic water service and/or meter may potentially be utilized to'serve the proposed development if it is of adequate size, conforms to currently standards, and is in working condition as determined by the Water Division. . If a new domestic water service and/or meter is required, the existing service and/or meter shall be abandoned per Water Division standards. The new domestic water service and/or meter shall be installed per the Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code. The water service shall be a minimum of two -inches in size. (PW) b. Provide a Landscape plan for review and approval by the Park, Tree, and Landscape Division for the planting and inigation upgrades to the comer radius planter per City criteria. (PW) c. An automatic fire sprinkler and fire alarm system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) d. Food p�reparatioh fire protection systems shall be submitted as separate plans for permits to the Building and Safety Department for review by the Fire Department. (FD) e. A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted to the Fire Department for review and approval. (FD) Addridss numbers shall be installed on structures to c- omply with Fire Dept City'Specification 428. (FD)' g. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Codeand Title 24 *of the California Administrative Code. (FD) h. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Cod ei Standards and City Specification No. 424. (FD) i.-' The applicant shall obtain the nec'e- ssary- pe - rmit6 from the South Coast .Air Quality Management District and 'submit a copy to Planning Department. j. Compliance with all conditions of approval specified herein shall be -accomplished and verified by the Planning Department. k. 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. (02p=0108) PC Minutes January 8, 2002 Page 20 1. A copy of the recorded In -Lieu Parking Fee Participation Agreement and proof of full payment or first installment payment to the City Treasurer shall be submitted to the Planning Department. (Code Requirement) m. A Code Enforcement Fee shall be submitted to the Planning Department and shall be calculated based on 400 square feet of outdoor dining area. 4. . The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. Restaurant hours of operation shall be limited to between 6 AM to 2 AM seven days a week. c. Outdoor dining area shall be server operated only. d. Prior to commencing live entertainment activities, or sales of alcoholic beverages, a separate conditional use permit shall be approved by the city. e. A review of the use shall be conducted by the staff with report and no public hearing to the Planning Commission within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters .of the Huntington Beach Zoning and Subdivision Ordinance. At that time the Planning Commission may consider modifications to the conditions of approval. f. 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 Huntington Beach Zoning and Subdivision Ordinance. g. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 01-19 and Conditional Use Permit No. 01-53 shall not become effective until the ten working day appeal period (02p=0108) PC Minutes January 8, 2002 Page 21 , -has-elapsed. ; -1---.1 - I - .__ I - _. - -1 1 2. Coastal Development PerTnit No. 01-19 and Conditional Use Permit No. 01-53 shall become null and void unless exercised within one year of the date of final approval which is January 8,- 2003 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 rightto revoke Coastal Development-Perinit No.'01-19 and -Conditional Use Permit No. 01-53, -pursuant to a public hearing for revocation, if any violation of these conditions -or.the Huntington Beach- Zoning and -Subdivision Ordinance or Municipal Code occurs. 4. The.development shall comply with all applicable provisions of the Municipal Code,'b6ilding bivision','an'd Fire Department as well as applicable local, State and Federal Fire Codes, Ordinanc6s,'"aind standards, except as noted herein. 5. All applicable fees from the Building, Public Works,, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. 'The applicant shall submit a check in the amoun't-of'$43.00 for the posting of the Notice of. Exemption. at the County of Orange Clerks Office. The theck-shall be made out to the CounN of Orange andsubmitted to the Planning Department within two (2) days of the Planning Commission's action. 7. State-mandat6d'school impact fees shall be paid prior to issuance of building perrnits. 8. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO., Prior to removing or replacing any 'landscaped areas, check with the Depa , rtments of Planning and Public Works for Code requirements. Substantial changes may require approval by the -Planning Commission.-: 10. All permanent, temporary, or promotional signs shall conform to Chapter 233 ofthe HBZSO. Prior to installing anypew signs, changing sign faces, or installing promotional signs, applicable permit(s) shall Pe obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. (02Pcff0108) PC Minutes January 8, 2002 Page 22 11. An encroachment permit shall be required for all work within the right-of- way. (PW) 12. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED AUGUST 28,2001 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE PLANNING C I OMMISSION MINUTES DATED AUGUST 28, 2001 BY THE FOLLOWING VOTE: AYES: Maindic, Kerins', Hardy, Sh6maker, Livengood, Kokal, Borden NOES: N6ne ABSENT: --None ABSTAIN: None MOTION PASSED C-2. PLANNING COMMISSION MINUTES DATED SEPTEMBER 11, 2001 MOTION WAS MADE BY HARDY, SECOND BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED SEPTEMBER 11, 2001 BY THE FOLLOWING VOTE: AYES: - Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED C-3. PLANNING COMMISSION MINUTES DATED NOVEMBER 13,2001 A MOTION WAS MADE BY MANDIC, SECOND -BY KERINS, TO APPROVE PLANNING COMMISSION MINUTES DATED NOVEMBER 13,2001 BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Borden NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (02PCM0108) PC Minutes January 8, 2002 Page 23 D. NON-PUBLIC HEARINGITEMS None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS Commissioner Kokal reported that the Shipley Nature Center is holding a "Friend Raiser" on Thursday, January 24, 2002 @ 6:00 p.m. at the Huntington Beach Central Library in Room D. The Shipley Nature Center is seeking interested volunteers to create a supporting organization. E-2. PLANNING COMMISSION INQUIRIESICOMMENTS Commissioner Hardy — Notified the Commission that she would not be present at the January 23, 2002 meeting. Commissioner Kerins — None. Commissioner Shomaker — Complimented the Fire Department on their fine work, and thanked Les Hubner Glass Promotions for producing a beautiful glass desk blotter presented to outgoing Chairperson Mandic. Commissioner Mandic — Thanked staff for their assistance during her term as Planning Commission Chairperson. Commissioner Livengood - Complimented staff on their efforts to complete the Pegasus School Expansion project. Commissioner Kokal — None. Commissioner Borden — Complimented the Fire Department on their fine work. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scoft Hess, Principal Planner — reported that no Planning Department items were heard before the City Council on January 7, 2002. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Principal Planner — reported that no Planning Department items will be heard before the City Council on January 22, 2002. (02pemOIDS) PC Minutes January 8, 2002 Page 24 F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland.- Principal Planner — reviewed items for the Planning Commission meeting of January 23, 2002. G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of Wednesday, January 23, 2002. HZ:HF:rl APPROVED BY: Aoord Zeldfsky, Secretary (02p=0108) q,an 4Shm�a�ker, —Chairperson