Loading...
HomeMy WebLinkAbout2002-05-14MINUTES Huntington Beach Planning Commission Tuesday, May 14, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 P.M. 1. 5:15 p.m. Coastal Development Permit No. 02-02 (South Beach Improvement Project / Phase 11) — Wayne Carvalho 2. 5:35 p.m. Conditional Use Permit No. 02-04, Coastal Development Permit No. 02-05: Environmental Impact Report No. 00-02 (Poseidon Seawater Desalination Plant) — Ricky Ramos 3. 6:05 p.m. Zoning Text Amendment No. 02-04 (Religious Assembly / Ellis — Goldenwest Specific Plan) — Catherine O'Hara 4. 6:15 p.m. Agenda Review — Herb Fauland 5. 6:20 p.m. Major Proiects Update/Planning Commission Inquiries - Herb Fauland 7. 6:25 p.m. Public Comments — None. Regular Meetinq City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE — led by Commissioner Livengood P P P P P P P ROLL CALL: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL A. ORAL COMMUNICATIONS — None. PC Minutes May 14, 2002 Page 2 B. PUBLIC HEARING ITEMS B-1. ZONING TEXT AMENDMENT NO. 02-04 (RELIGIOUS ASSEMBLY IN THE ELLIS-GOLDENWEST SPECIFIC PLAN AREA - CONTINUED FROM APRIL 9, 2002 WITH PUBLIC HEARING CLOSED): Applicant: City of Huntington Beach Request: To amend Specific Plan No. 7 (Ellis-Goldenwest Specific Plan) by adding religious assembly as a permitted use as well as development standards for said use. Location: Ellis-Goldenwest Specific Plan Area (south of Ellis and north of Garfield Avenues, and west of Goldenwest and east of Edwards Streets). Proiect Planner: Catherine O'Hara Zoning Text Amendment No. 02-04 to amend SP 7 (Ellis-Goldenwest Specific Plan) as follows: - Add religious assembly as a permitted use to comply with the Religious Land Use and Institutionalized Persons Act (RLUIPA) enacted by Congress in 2000. - Add development standards to the specific plan text. ► Continued Item - Planning Commission meeting April 9, 2002. The Planning Commission approved a continuance of ZTA No. 02-04 to the regularly scheduled May 14, 2002 Planning Commission meeting in order to allow more time to study the issues raised during the public hearing opened on April 9, 2002. - Recommended changes to the legislative draft dated April 9, 2002 are proposed. See Revised Legislative Draft (Attachment No. 3). Staffs Recommendation: Approve Zoning Text Amendment No. 02-04 and forward to the City Council for adoption based upon the following: - The proposed zoning text amendment is consistent with the goals and policies specified in the Land Use Element of the General Plan. - The amended SP 7 will provide for religious assembly uses within the Ellis-Goldenwest Specific Plan Area in compliance with the federal mandates of RLUIPA. - The amended SP 7 includes development standards applicable to public schools (currently a permitted use) and religious assembly uses. - Adoption of Zoning Text Amendment No. 02-04 is in conformance with public convenience, general welfare and good zoning practice. Staff made a presentation to the Commission. Questions/comments included: • Difference in lot size requirements within the Ellis/Goldenwest Specific Plan area and the Federal mandates of RLUIPA • Reduction of setback requirements (02pcm0514) PC Minutes May 14, 2002 Page 3 • Elimination of the 2-acre lot size requirement from the original recommendation • Instructions to channel all communication to the applicant through the applicant's legal counsel • Signage guidelines (including school signage listed in the Ellis / Goldenwest Specific Plan) THE PUBLIC HEARING WAS OPENED: Pastor Eric Oleson, Huntington Beach, spoke in support of the item and praised the Commission for changes to the proposed zoning text amendment, and for being fair. Alan Armstrong, Attorney for the applicant, Huntington Beach, addressed signage requirements and noise restrictions. Ray Schmautz, Evangelical Free Church, Huntington Beach, addressed the Commission abpout their responsibility to help keep harmony in the community by not limiting the size of churches. Wiley Drake, Crusade Radio, Buena Park, informed the Commission that the meeting was being broadcast live on Crusade Radio. He encouraged the Commission to delay consideration of the proposed text amendment until further study could be done that included input from experts in religious study. He discussed the financial contributions that cities receive from churches. Reverend Rod McDougal, Churches of Faith, Westminster, spoke in favor of the proposed zoning text amendment without restrictions. Wendell Choy, Ohana Christian Fellowship, Huntington Beach, spoke in favor of the proposed zoning text amendment without restrictions. He urged the Commission to follow RLUIPA guidelines citing fairness, "due deference", and substantial financial burdens imposed on churches. Pastor Finch Booker, Open Arms Church, Huntington Beach, spoke to the Commission about approaching the issue with conscience for those who attend church services. He also discussed how small churches are financially burdened by zoning restrictions, and how this request may be a landmark case for zoning reform. Diane Lenning, Huntington Beach, spoke in support of the proposed zoning text amendment without restrictions. She also called the community "religious friendly' and discussed the importance of religious expression. Woody Young, Huntington Beach, spoke on behalf of the property owner. He thanked the Commission for recommended changes and encouraged them to consider a grandfather clause to permit the current structure on -site. He also (02p=0514) PC Minutes May 14, 2002 Page 4 stated that the proposed parking ratio is too stringent, that maximum height should be set when plans are submitted. Dwayne Fuhrman, Huntington Beach, adjacent property owner, offered his support to the property owner. Pat Cottrell, Calvary Baptist Church, Huntington Beach, thanked the Commission for their hard work, and discussed State and National church ratio figures. Steve Purdue, Coastland Foursquare Church, Huntington Beach, spoke in favor of the proposed zoning text amendment without restrictions. He stated that churches are in an adversarial role and urged all to work together to establish meeting places. He also discouraged the Commission from placing unfair financial burdens on churches and encouraged them to include experienced religious builders on future related decisions. Patricia Petrocco, Huntington Beach, spoke regarding rehabiltation of the building for church services, and that parking on the site seemed to be sufficient. Joette Koelsch, Huntington Beach, thanked staff for relaxed setbacks. She voiced concerns about church members meeting outside the building since mid - December and asked when the City would allow the church to hold services inside. Jessica Jahangiri, Fountain Valley, thanked the Commission for changes to the proposed zoning text amendment and asked when the City would allow the church to hold services inside the building. She also discussed how religion promotes peace and unity by example and through education to discourage youth from violence and drug abuse. Carol Townson, Anaheim, thanked the Commission for changes in the staff report and stressed the importance of following RLUIPA standards. WITH NO ONE ELSE PRESENT TO SPEAK ON THE ITEM, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the citywide ratio of churches, along with zoning restrictions that apply in certain areas. It was explained to the Commission that the zoning text amendment applies only to the Goldenwest Specific Plan area, about one square mile of land. The Commission inquired about school district requirements and Seacliff Elementary School. Staff explained that Seacliff Elementary has met the maximum site coverage standards. The Commission mentioned that two of its members have served on church boards within the community, and that churches are excellent neighbors. They (02pcm0514) PC Minutes May 14, 2002 Page 5 also stated that staff works hard to keep churches here, but high land costs make it difficult. The Commission asked staff to explain what steps need to be taken in order for the church to reopen. Staff replied that the church has applied for a conditional use permit (CUP), but building and fire code violations must be addressed and a CUP approved before the members would be allowed back inside the building. A MOTION WAS MADE BY HARDY, SECOND BY LIVENGOOD, TO APPROVE ZONING TEXT AMENDMENT NO. 02-04 WITH FINDINGS FOR APPROVAL AND FORWARD THE DRAFT ORDINANCE TO THE CITY COUNCIL FOR FINAL CONSIDERATION BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL -- ZONING TEXT AMENDMENT NO.02-04 FINDINGS FOR PROJECTS EXEMPT FROM CE 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 City Council Resolution No. 4501, Class 20, which supplements the California Environmental Quality Act. The project is exempt because it involves a minor amendment to the SP 7 (Ellis- Goldenwest Specific Plan) which limits the development standards, intensity, or density of the affected area. FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO.02-04: Zoning Text Amendment No. 02-04 which amends SP 7 (Ellis-Goldenwest Specific Plan) to add religious assembly to the list of permitted uses, add development standards specific to religious assembly and public school uses, and provide clean-up language to update a reference to use permit to read conditional use permit, is consistent with objectives, policies, general land uses and programs specified in the General Plan and any applicable specific plan. It conforms to the following goals, policies, and objectives in the General Plan: Policy LU 9.3.3: Require that nonresidential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures. (02p=0514) PC Minutes May 14, 2002 Page 6 Objective LU 9.4: Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. Policy LU 9.4.1: Accommodate the development of parks, sports facilities, schools, libraries, community meeting facilities, religious facilities, and similar community -serving uses in all residential areas, provided that they are compatible with adjacent residential uses and subject to review and approval by the City and other appropriate agencies. Policy LU 9.4.2: Require that institutional structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures. Goal LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach's residents. Objective LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational infrastructure, religious and other uses that support the needs of existing and future residents and businesses. Policy LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to the City review and approval. 2. The proposed zoning text amendment is compatible with the uses authorized in, and the standards prescribed for, SP 7. The amendments will apply to religious assembly and public school uses in the SP 7 area. The amendment will not create any inconsistencies with other provisions in SP 7 because it will only apply to religious assembly and public school uses. 3. A community need is demonstrated for the proposed zoning text amendment. The proposed changes will ensure that the City is in compliance with the standards of the federally mandated Religious Land Use and Institutionalized Persons Act (RLUIPA). Further, Zoning Text Amendment No. 02-04 will apply specific development standards to religious assembly and public school uses to ensure their compatibility with surrounding land uses. _ 4. Adoption of ZTA 02-04 will be in conformity with public convenience, general welfare and good zoning practice. The amendment will result in the City's ability to provide for freedom of religion and religious assembly in accordance with Federal law and consistent with the goals and policies of the General Plan. (02p=0514) PC Minutes May 14, 2002 Page 7 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED APRIL 9, 2002 A MOTION WAS MADE BY LIVENGOOD, SECOND BY HARDY, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 9, 2002, BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal NOES: None ABSENT: None ABSTAIN: Porter MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. REVIEW OF THE GENERAL PLAN: Applicant: City of Huntington Beach Request: To review the elements of the General Plan and the status of the implementation programs in the various elements. Location: Citywide Project Planner: Mary Beth Broeren General Plan Review request: - Review the status of 13 General Plan Elements - Review includes a detailed evaluation of the General Plan implementation programs Staffs Recommendation: Approve the General Plan Review based upon the following: - The Review complies with General Plan Implementation Program 1-LU 18 Staff made a presentation to the Commission. Questions/comments included: • Concerns regarding lack of staff resources • Statement for actions by City Council for unfunded projects • Priority list • Major projects/programs (not developer driven) • Recommendations for next steps • Land Use/Urban Design (02pcm0514) PC Minutes May 14, 2002 Page 8 A MOTION WAS MADE BY LIVENGOOD, SECOND BY KERINS, TO APPROVE THE GENERAL PLAN REVIEW AND FORWARD TO THE CITY COUNCIL BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Mandic — suggested that the City establish some type of outreach program to assist religious organizations in being informed of planning and zoning activity affecting religious land use requirements. Commissioner Kerins — asked if staff would address the areas of concern identified during the Study Session that the Commission felt may not be included within the Poseidon Desalination Plant Environmental Impact Report. Staff confirmed. Commissioner Hardy — informed the Commission and staff of an article in the May 14, 2002 Los Angeles Times entitled "Zoning Classes Redesigned for the Real World". The article discusses a new type of program designed to equip high school students interested in urban planning with practical skills. Commissioner Shomaker — complimented staff on a fine report for Public Hearing Item No. B-1. Commissioner Livengood — referred to two recent articles in the local newspaper, one that covered two new downtown developments (The Strand & Pacific City) and the other about Abercrombie & Fitch or Hollister's, a subsidiary of Abercrombie & Fitch. Based on the articles, he questioned staff which retailer would be part of The Strand. He requested staff to follow-up. He further commented on the church parking requirements for churches in industrial buildings. He noted the difficulties in meeting these requirements in existing buildings. Commissioner Kokal - None. Commissioner Porter — requested a list of closed school sites within the City. (02pcm0514) PC Minutes May 14, 2002 Page 9 Staff to provide. F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager — reported on the Planning Department items heard before the City Council on May 6, 2002. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Planning Manager — reported on the Planning Department items that will be heard before the City Council on May 20, 2002. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the Planning Commission meeting of May 28, 2002. G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of May 28, 2002. HZ:HF:d APPROVED BY: �1 O HpW`•t(d Zelefsky, Secretary // Jan Shomaker, Chairperson (02pcm0514)