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
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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
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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.
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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
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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.
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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.
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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''
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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
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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.
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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
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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
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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.
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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.
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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:
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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'- - .
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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
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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
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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:'
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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.
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January 8, 2002
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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
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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.
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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
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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