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HomeMy WebLinkAbout2002-07-23MINUTES Huntington Beach Planning Commission Tuesday, July 23, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 6:00 P.M. 1. 6:00 p.m. AGENDA REVIEW — Herb Fauland 2. 6:15 p.m. MAJOR PROJECTS UPDATEIPLANNING COMMISSION INQUIRIES - Herb Fauland 3. 6:25 p.m. PUBLIC COMMENTS — Mark Bixby, spoke regarding the proposed Parkside Estates development. Regular Meetinq City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE — Led by Commissioner Stanton P P P P P P P ROLL CALL: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL - The Commission voted unanimously to move Public Hearing Item B-2 to the beginning of the agenda. The minutes reflect actions taken in their original order. A. ORAL COMMUNICATIONS Bob Bolen, Pine Street, Huntington Beach, spoke regarding downtown parking. He discussed information provided at a recent meeting of the Downtown Merchants Association, pointing out deficiencies related to future commercial build -out and the parking in -lieu fee program. PC Minutes July 23, 2002 Page 2 B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. CONDITIONAL USE PERMIT NO.01-71 AND NEGATIVE DECLARATION NO. 02-03 (CASA DEL SOL - CONTINUED FROM JUNE 25, 2002 WITH PUBLIC HEARING CLOSED) Applicant: Ali Fartash Request: CUP: To permit a seven percent density bonus with an affordable housing incentive for the construction of 32 two -bedroom units to an existing 448-unit apartment complex. The proposed density bonus is 26.72 units per acre (480 units) in lieu of the maximum density of 25 units per acre (max. 449 units). The proposed units will be constructed in five buildings centrally located along the interior open space and recreation area. The affordable housing component of the request is to provide 20 percent of the total units (96) to low income households or 10 percent of the total units (48) to very low low-income households. The one affordable housing incentive is to allow a 29-space reduction in the covered parking requirement. Other site improvements include the addition of 153 parking spaces within the existing parking areas, a 350 square foot addition to an existing recreation building, and the construction of an 800 square foot carwash building for resident use only. Location: 21661 Brookhurst (West side of Brookhurst St., south of Hamilton Ave.). Planner Assigned: Paul Da Veiga Conditional Use Permit No. 01-71 request: - A seven percent density bonus with an affordable housing incentive for the construction of 32 two -bedroom units within an existing 448-unit apartment complex. The proposed density bonus is 26.72 units per acre in lieu of the maximum allowable density of 25 units per acre. - Ten percent of the existing number of units (45 units) designated as affordable to very -low income -households. - An affordable housing incentive to allow a 36-space reduction in the covered parking requirement. - Modifications to existing parking layout resulting in 149 additional parking spaces. - Renovation of an existing recreational building including a 350 square foot addition with exterior upgrades. Staffs Recommendation: Approve Negative Declaration No. 02-03 and Conditional Use Permit No. 01-71 based upon the following: Compatible with surrounding land uses and the site is physically suitable for the proposed density of 26.7 units per acre. Consistent with the General Plan Land Use Element designation of Residential Medium -High Density on the subject property. Serves affordable housing needs of the community by designating 45 units as affordable to very low-income households. - Complies with applicable RMH (Residential Medium -High Density) requirements. Affordable housing incentive for a covered parking reduction is appropriate because the project will exceed the total number of parking spaces required and will not impact adjacent development. No adverse environmental impacts. (02p=0723) PC Minutes July 23, 2002 Page 3 Staff made a presentation to the Commission. Questions/comments included: • Parking (including north angle, and driveway curb cut with right turn only lane on Brookhurst Street) • Concerns related to landscaping elimination and tree replacement • Elimination of basketball courts • ADA sidewalk width requirements • Estimated monthly rent figures • Density bonus waiver • Open space area (pool and volleyball court) • 90' setbacks approved in 1969 • Covered parking in lieu of garages • Low income housing requirements Commissioner's Hardy, Kerins, Shomaker, Livengood, Kokal and Porter made disclosures including visiting the project site and speaking with neighborhood residents. Commissioner's Porter and Stanton stated that they reviewed the videotape of the June 25, 2002 meeting, and would be able to take action on the item. A MOTION WAS MADE BY KERINS, SECONDED BY KOKAL, TO REOPEN THE PUBLIC HEARING BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED THE PUBLIC HEARING WAS OPENED. Greg Angelovic, Branta Circle, Huntington Beach, spoke in opposition to the item, voicing concerns regarding increased noise during evening hours. He thanked the Commission for visiting the site and stated that the proposal will decrease neighboring home values. He also stated that Building 15 makes no sense, the density bonus is unnecessary, and urged the Commission to maintain a 90' setback. Jose Segura, Clearbrook Drive, Huntington Beach, spoke in opposition to the item, voicing concerns related to privacy, noise, screen landscaping and the Cypress trees. (02p=0723) PC Minutes July 23, 2002 Page 4 David Brisky, Clearbrook Drive, Huntington Beach, spoke in opposition to the item, voicing concerns about decreased property values, noise and crime. He stated that the low-income housing/density bonus was not presented clearly. Mark DePledge, Branta Circle, Huntington Beach, spoke in opposition to the item, voicing concerns related to Building 15, privacy, limited property setbacks and trash bin relocation. He stated that the proposal should require an environmental impact report, Tim Geddes, Windsong Circle, Huntington Beach, spoke in opposition to the item, voicing concerns about the density bonus, and loss of landscaping and parking. Palle Weber, Branta Circle, Huntington Beach, discussed correspondence regarding the benefits of low-income housing, and stated that the basketball court should remain in the site plan. Edward Silveri, Oceancrest Drive, Huntington Beach, spoke in opposition to the item, voicing concerns related to parking and increased traffic. Irina Lykov, Branta Circle, Huntington Beach, spoke in opposition to the item, voicing concerns related to noise and privacy. Kim Pinkham, Branta Circle, Huntington Beach, spoke in opposition to the item. She stated that the proposal will have a significant impact on the homeowners adjacent to the property, and that opinions from neighboring residents need to be considered. Marcey Braybender, Branta Circle, Huntington Beach, spoke in opposition to the item and urged the Commission to deny the request based on concerns related to noise, low-income housing and decreased property values. John F. Scott, Capistrano Lane, Huntington Beach, spoke in opposition to the item and focused attention on the 1969 conditions of approval for Casa Del Sol and the General Plan restrictions. He discussed how the density bonus places a burden on the existing apartment residents and neighboring homeowners. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding open space and landscape requirements. The Commission voiced concerns about the applicant's proposal to remove 80 to 100 trees, and minimal open space necessary for children to play. It was mentioned that the 1969 agreement nullified the encroachment process and the Commission inquired about the number of existing affordable units. The Commission stated that the affordable housing incentive is unfounded because it already exists within the development It was suggested that a (02p=0723) PC Minutes July 23, 2002 Page 5 formula be established for density bonus and the Commission voiced concerns about setting precedence. Concerns were also voiced about building height and the Commission stated that the proposed interior buildings adversely impact the Casa Del Sol residents and suggested that the proposal only include 2-story structures. It was also suggested that the original 90' setback requirements be upheld. With construction planned for 6-7 months, the Commission asked that construction hours be modified to accommodate area residents. The Commission suggested that the entry/exit gates be repaired and closed. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY HARDY, TO DENY CONDITIONAL USE PERMIT NO.01-71/NEGATIVE DECLARATION NO.02-03 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL -- NEGATIVE DECLARATION NO. 02-06: CONDITIONAL USE PERMIT NO. 01-71 FINDINGS FOR DENIAL - NEGATIVE DECLARATION NO. 02-03: 1. Negative Declaration No. 02-03 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. There were no public comments received during the comment period on the Negative Declaration. 2. There is substantial evidence in light of the whole record before the Planning Commission that the project will have a significant effect on the environment because the design and layout of the project will generate an additional 160 vehicle trips to an existing 448-unit apartment complex. The proposed design and layout has the potential to generate adverse light, ventilation and privacy issues and therefore are anticipated to impact on -site and adjacent properties as a result of the proposal. In addition, the proposed reduction in landscaping and loss of mature trees results in adverse impacts to on -site units and adjacent properties. (02p=0723) PC Minutes July 23, 2002 Page 6 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.01-71: Conditional Use Permit No. 01-71 to: (a) permit a seven percent density bonus with an affordable housing incentive for the construction of 32 two - bedroom units to an existing 448-unit apartment complex; (b) to permit a 36- space reduction in the covered parking requirement as an affordable housing incentive; (c) to provide 10 percent (45) of the existing units to very low-income households; and (d) to permit other site improvements including the addition of 149 parking spaces within the existing parking areas, and a 350 square foot addition to an existing recreation building will be detrimental to the general welfare of persons working or residing in the vicinity and to the property and improvements in the neighborhood. The proposed project design and parking layout reduces perimeter landscaping, results in the loss of several mature trees, and eliminates recreational amenities (basketball court). The design and inadequate setback for the two-story Building 15 from abutting single-family homes is found to be incompatible with the existing and abutting residential neighborhood. The design of the project will result in potentially adverse environmental impacts based on potentially significant adverse impact on traffic volumes within the subject property, on adjacent residential properties, and access onto Brookhurst Street. 2. The conditional use permit will not be compatible with surrounding uses because the design and layout of the proposed project reduces perimeter landscaping and trees and result in adverse visual and privacy impacts to adjacent properties. The development plan provides minimal landscape buffers along the project's perimeter. Adverse noise and privacy issues are anticipated on -site and to adjacent properties as a result of the proposed location and setbacks of the buildings. In addition, with the proposed increase in perimeter parking spaces due to design and layout the project will impact on -site and surrounding properties due to noise and traffic impacts. 3. The granting of the conditional use permit will adversely affect the General Plan. The design and setback of the proposed buildings is not consistent with the Land Use Element designation of Residential Medium -High density on the subject property based on the design of the project. The proposed building placement and setbacks, increase in the number of perimeter parking spaces adjacent to single-family homes, substantial reduction in landscaping, loss of mature trees, and the loss of a recreational amenity (basketball court) is inconsistent with the following goals, objectives, and policies of the General Plan: LU 9 Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. LU 9.1.4 Require that recreational and open space amenities be incorporated in new multi -family developments and that they be accessible to and of sufficient size to be used by all residents. (02pcm0723) PC Minutes July 23, 2002 Page 7 LU 9.4 Provide for the inclusion of recreational, institutional, religious, educational, and service uses that support resident needs within residential neighborhoods. B-2. ANNUAL REVIEW AND MONITORING REPORT — DOWNTOWN PARKING MASTER PLAN: Applicant: City of Huntington Beach Planning Department Request: Annual review of the Downtown Parking Master Plan addressing building activity between June 1, 2001 and June 1, 2002 Location: Downtown Specific Plan area (generally bounded by Pacific Coast Highway, Sixth Street, Acacia Avenue and Second Street) Project Planner: Wayne Carvalho The City of Huntington Beach Planning Department requests Planning Commission review of the Downtown Parking Master Plan Annual Review and Monitoring Report. The revision and update of the Downtown Specific Plan (DTSP) also referred to as the "Village Concept' was adopted in April of 1995 and became effective in June of 1995. • As part of the revisions, a shared parking concept was prepared for the downtown core area of Main Street (see Attachment No. 1) referred to as the Downtown Parking Master Plan (DPMP). An update to the DPMP was approved by the City Council in November 2000, with final certification by the California Coastal Commission in January 2002. • The DPMP includes provisions that an annual review and monitoring report be completed. • The report shall be forwarded to the Planning Commission, City Council and the Executive Director of the California Coastal Commission. • The review and monitoring report contained herein includes analysis between June 1, 2001 and June 1, 2002. Staff made a presentation to the Commission. Questions/comments included: • Review period (6/2001 to 6/2002) • Inclusion of the proposed Strand project • Identification of a 16-space shortfall • Parking ratio explanation (tie-in with in -lieu parking fees) • Structured parking occupancy (30% to 75% occupied) • Projected downtown buildout THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. (02p=0723) PC Minutes July 23, 2002 Page 8 A MOTION WAS MADE BY KERINS, SECOND BY HARDY, TO APPROVE THE DOWNTOWN PARKING MASTER PLAN ANNUAL REVIEW AND MONITORING REPORT AND FORWARD TO THE CITY COUNCIL FOR FINCAL CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED B-3. CONDITIONAL USE PERMIT NO.02-12 AND MITIGATED NEGATIVE DECLARATION NO.02-03 (HUNTINGTON CHRISTIAN SCHOOL): Applicant: Keith Bohr Request: To establish a private school (K through 8) and associated daycare operation with a maximum enrollment of 650 students on a closed public school site (formerly Burke School). The existing 34,895 square foot building will be utilized for the proposed school operation and two future modular buildings totaling approximately 5,185 square feet are proposed west of the existing school building to accommodate a future library facility and additional classrooms. The proposal includes expanding the existing parking area to provide more parking an include a vehicle tum-around to allow for additional queuing capacity for vehicles dropping off and picking up students at the northerly entrance of the school. An additional parking area is proposed at the southeast portion of the property and would provide a secondary drop-off and pick-up areas for students in grades three through eight. Minor exterior improvements including painting, landscape improvements, and paving upgrades are also proposed with the application. Location: 9700 Levee Drive (southwest comer of Queens Park Lane and Levee Drive) Project Planner: Paul Da Veiga Conditional Use Permit No. 02-12/Mitigated Negative Declaration No. 02-08 request: - Establish a private school (K through 8) and associated day care operation with a maximum enrollment of 650 students. - Occupy an existing 34,895 square building with the proposed private school operation including two new modular buildings totaling approximately 5,185 square feet to accommodate future classrooms and a future library facility. - Expand the existing parking area to the north of the site to allow for additional parking spaces and a vehicle tum-around. - Construct a new parking lot along the southeast portion of the site that provides a secondary drop-off and pick up area for students in grades three through eight. - Minor exterior improvements including painting, landscape improvements, and paving upgrades. (02pcm0723) PC Minutes July 23, 2002 Page 9 Staff's Recommendation: Approve Conditional Use Permit No. 02-12 and Mitigated Negative Declaration No. 02-06 with modifications based on the following: - Consistent with General Plan objectives and policies advocating inclusion of educational uses that support resident needs and the youth of the community within residential neighborhoods and provides employment opportunities for residents of the City and surrounding region. - Complies with applicable HBZSO site development standards including parking. - Several mitigation measures including neighborhood outreach, carpooling, and a traffic -monitoring program are proposed. - No net increase in vehicle trips above the previous 720-student public school. - Compatible with surrounding residential development with proper mitigation and conditions of approval. Staff made a presentation to the Commission. Commission members Stanton, Kerins, Hardy, Livengood and Kokal disclosed that they had spoken with the applicant. Commission members Kerins, Hardy and Kokal also spoke with neighbors. Commission member Porter toured the site. Questions/comments included: • Number of classrooms (6 per modular building) • South parking lot changes (prior to building occupancy) • Hours of construction • Modular buildings (permanent - to be located in current play area) • Traffic Impact Fees ($123.00 per daily vehicular trip) • Projected number of students being dropped off/picked up (unknown) THE PUBLIC HEARING WAS OPENED. James Ketchersid, Reed Lane, Huntington Beach, spoke in support of the item, stating that a school facility is a neighborhood amenity, and that the proposal will improve the area through building modifications, increased landscaping and security lighting. Claudette Ruzicka, Star Drive, Huntington Beach, spoke in opposition to the item because of traffic safety concerns. She suggested that the applicant consider another location. Jon Koskoff, Hunter Lane, Huntington Beach, voiced concerns related to traffic safety, calling the traffic study "flawed". He discussed start/stop times, net increase in vehicular trips, and south entry access on Queens Park Lane. (02p=0723) PC Minutes July 23, 2002 Page 10 Dave Slader, Queens Park Lane, Huntington Beach, voiced concerns about the conditions of the school property (disintegrating bollards, poor landscaping, fence height). He also disagreed with information provided in the traffic study related to vehicle trips and traffic patterns. Kelly Pointer, Dumbreck Drive, Huntington Beach, spoke in support of the item in hopes of her children attending school there. She acknowledged the poor traffic circulation on Queens Park Lane and praised the applicant for the carpool program in place. She also looks forward to the projects aesthetic improvements. Carol Maytubby, Queens Park Lane, Huntington Beach, spoke in opposition to the item. She voiced concerns about outside patronage and the proposal's effects on area home prices. Dave DesJardins, Sparkman Lane, Huntington Beach, spoke in support of the item. He believes an occupied building provides more benefits to the neighborhood than a vacant building. He voiced concerns about vehicle trips to the parking lot at the rear of the property, and urged the Commission include security lighting and monitor the parking lot during pm hours. Bryan Long, Chance Circle, Huntington Beach, spoke in support of the item to improve the poor condition of the property. He plans to enroll his 8-year old son and mentioned that the applicant has been responsive to the concerns voiced by area residents. Arthur Blietz, Huntington Christian School, spoke in support of the item, stating that the proposal brings a positive presence to the neighborhood. He urged the Commission to approve the request so that the school could open doors in September. Jim Woest, First Christian Church, spoke in support of the item and provided a brief history on the site formerly occupied by Burke School. He informed the Commission that the applicant was the only bidder on the property, and that they are willing to address neighborhood concerns and provide numerous property improvements. Jeff Bergsma, Team Design, Huntington Beach, spoke in support of the item and addressed concerns/issues heard by staff and residents related to security gates and irrigation. He also discussed design elements approved by the Design Review Board. Bruce Templeton, First Christian Church, spoke in support of the item and discussed the history of the church in Huntington Beach. He discussed the importance of education and urged the Commission to approve the proposal to fill the empty halls of the school. Keith Bohr, Huntington Beach, spoke in support of the item and addressed issues related to security gates, traffic circulation, recreational activity and hours (02PCM0723) PC Minutes July 23, 2002 Page 11 of operation. He also supports an increase in the number of community meetings. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding staggered pick-up and drop-off times. It was suggested that the times be the same as other area schools such as Hawes or Sowers. The Commission suggested that the former Burke School historical cornerstone remain on the property. The Commission suggested that no exterior sound amplification be allowed. The Commission discussed the fire hydrant location and suggested adding language within the conditions of approval that would require a backflow device. A MOTION WAS MADE BY KERINS, SECONDED BY LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO. 02-12 AND MITIGATED NEGATIVE DECLARATION NO. 02-23 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Mandic, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL - MITIGATED NEGATIVE DECLARATION NO.02-06/CONDITIONAL USE PERMIT NO.02-12 FINDINGS FOR APPROVAL — MITIGATED NEGATIVE DECLARATION NO. 02-06: 1. Mitigated Negative Declaration No. 02-06 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Planning Commission prior to action on the Mitigated Negative Declaration and Conditional Use Permit No. 02-12. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Several mitigation measures including a neighborhood outreach program, carpooling, and traffic monitoring will reduce potential traffic impacts associated with the school. In addition, (02p=0723) PC Minutes July 23, 2002 Page 12 staggered start and end time, and traffic control measures such as school zone signing, crosswalks, and stop signs will reduce the impacts to the neighborhood to a less than significant level. 3. There is no substantial evidence in light of the whole record before the Planning Commission that the project, as mitigated through the conditions of approval for CUP No. 02-12, will have a significant effect on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-12: 1. Conditional Use Permit No. 02-12 to (a) establish a private school (K through 8) and associated daycare operation with a maximum enrollment of 650 students; (b) occupy an existing 34,895 square foot building with a private school operation including two new modular buildings totaling approximately 5,185 square feet; (c) expand the existing parking lot to allow a vehicle turn- around and construct a new parking area at the southeast portion of the site; and (d) perform minor exterior improvements including painting, landscape improvements, and paving upgrades will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the property and improvements in the neighborhood. Potential traffic impacts will be minimized through the use of staggered start and end times, a formal carpooling program, a neighborhood outreach program including the formation of a neighborhood traffic committee and designating of neighborhood liaisons to the school. Several other traffic control measures including two new crosswalks, additional stop signs, and school monitors to regulate traffic entering and exiting the subject site will reduce impacts to the surrounding residential neighborhood. 2. The school operation will be compatible with surrounding uses, which consist of single-family residences. All extra -curricular activities, including sports, will terminate at 4:45 pm. There are no bleachers or lights proposed as part of the improvements to the athletic fields and play courts. In addition, no school bells or amplified intercom system are proposed as part of this application. After school events are minimal since most nighttime events will be conducted at the First Christian Church auditorium facility located at 1207 Main Street. With proper mitigation regarding traffic impacts and pedestrian safety, the proposed school will be compatible with surrounding residential uses. 3. The proposed establishment of a private school at the subject property will comply with the provisions of the base district and other applicable provisions in Title 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The existing and proposed school facilities comply with all code requirements including building height, landscaping, parking, and any specific condition required for the proposed use in the district in which it would be located. Forty-nine permanent surplus parking spaces and additional overflow parking will be available on the subject site. (02p=0723) PC Minutes July 23, 2002 Page 13 4. The granting of the conditional use permit will not adversely affect the General Plan. The proposed residential use is consistent with the Land Use Element designation of Public on the subject property. The project will serve the educational needs of community and surrounding region and is consistent with the following goals and policies of the General Plan: 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 9.4.1: 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 9.4.3: Encourage the development and public use of City/School District joint use facilities where City parks and school facilities adjoin one another in order to maximize the use of the property, minimize the cost of development, and enhance the recreational and educational opportunities for the community. Policy LU 13.13: Allow for the continuation of existing and development of new child, adult, and senior daycare facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The subject site is zoned for the proposed use and was previously operating as a public school. The surrounding uses consist of single family residences zoned RL (Residential Low Density). The proposed private school is consistent with the PS (Public Semi -Public) zoning designation and RL (Residential Low Density) zone which both allow schools in each zoning designation with the approval of a conditional use permit. In addition, the proposed private school is consistent with the General Plan objectives and policies by advocating the inclusion of educational uses that support resident needs within residential neighborhoods, provides additional employment opportunities for residents of the City and surrounding region, and enhances the educational opportunities available for the youth of the community. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 02-12: 1. The site plan, floor plans, and elevations received and dated April 19, 2002 shall be the conceptually approved layout with the following modifications: a. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as (02pcm0723) PC Minutes July 23, 2002 Page 14 applicable local, State and Federal Fire Codes, Ordinances, and standards. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backfiow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 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 compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. All utilities, both new and existing, are to be undergrounded. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations and not emit glare skyward. Lighting shall be capable of being dimmed to a minimum -security level during hours of non -operation of the facility. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCBs. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, (02p=0723) PC Minutes July 23, 2002 Page 15 proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. C. The applicant shall complete all Notification requirements and obtain the necessary permits from the South Coast Air Quality Management District. Copies will be submitted to the Planning Department. d. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. Submit three (3) copies of the site plan and the processing fee to the Planning Department for addressing purposes. c. Provide a Fire Department approved Remedial Action Plan (RAP) based on requirements found in the City of Huntington Beach Soil Cleanup Standard, City Specification #431-92. From the division of Oil, Gas & Geothermal Resources (DOGGR), provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (714) 816-6847. Obtain a Huntington Beach Fire Department Permit to Abandon Oil Well and follow the requirements of City Specification #422-Oil Well Abandonment Process and provide proof of a Site Plan Review application. All Fire Department requirements shall be noted on the building plans. (FD) d. A detailed soil analysis shall be prepared by a registered and licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) e. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 341-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained (02p=0723) PC Minutes July 23, 2002 Page 16 on site and no wastes or pollutants shall escape the site. The applicant shall also identify wind barriers around remediation equipment. f. An application shall be submitted to the Design Review Board for any new modular buildings. g. A new, separate irrigation water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code. The irrigation water service shall be a minimum of two inches in size and shall have an appropriate backflow protection device. An alternative to the new separate irrigation and water service may be approved subject to Public Works approval. h. The existing three inch domestic water meter serving the school may potentially be utilized if it is of adequate size, conforms to current standards and is in working condition as determined by the Water Division. If a new domestic water meter is required, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code. All meter appurtenances (i.e., concrete vault and cover, inlet and outlet valves, by- pass, fittings, etc.) shall be upgraded to conform to Water Division standards. 4. Prior to issuance of building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department; and submit 8 inch by 10 inch colored photographs of all colored renderings and elevations to the Planning Department for inclusion in the entitlement file. b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees (trunk greater than 10" in diameter) that must be removed shall be replaced at a two to one ratio (2:1) with a minimum 36- inch box tree and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) c. An interim parking and/or building materials storage plan shall be submitted to the Planning Department to assure adequate parking and restroom facilities are available for residents and contractors during the projects construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. d. A signing and striping plan depicting the required school zone signing and marking changes shall be prepared by a qualified civil or traffic (02pcm0723) PC Minutes July 23, 2002 Page 17 engineer and submitted to the City for approval prior to issuance of an encroachment permit to complete the work. Plans shall be prepared in accordance with the City's most current requirements for the preparation of signing and striping plans. (PW) e. 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. f. Fire access roads shall be provided in compliance with City Specification #401-Minimum Access for Fire Department Access. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with City Specification #415. (FD) g. Two fire hydrants shall be required. One hydrant shall be located at the northeast comer of the site, next to the entrance, and the second shall be located at the drop-off/pick-up area to the south of the existing building. They must be installed and be in service before combustible construction begins. Shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. Indicate hydrant locations and fire department connections. (FD) h. A fire alarm system in compliance with Huntington Beach Fire Code is required. The system shall provide the following: Manual pulls, homs & strobes (FD) i. All Fire Department requirements shall be noted on the building plans. (FD) 5. During demolition, grading, site development, and/or construction operations, the following shall be complied with and adhered to: a. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction and/or grading activity. b. Water trucks or sprinkler systems will be utilized on the site and shall be available to be used throughout the day in the areas where vehicles travel and the soils are processed. Water will also be used to keep the soils damp enough to prevent dust raised by the operations. c. All haul trucks shall arrive at the site no earlier than 8:00 a.m., or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. d. Wet down areas to be graded or that are being remediation, in the late morning and after work is completed for the day. (02p=0723) PC Minutes July 23, 2002 Page 18 e. Construction equipment shall be maintained in peak operating condition to reduce emissions. f. Use low sulfur (0.5%) fuel by weight for construction equipment. g. Truck idling shall be prohibited for periods longer than 10 minutes. h. The construction disturbance area shall be kept as small as possible. i. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. j. Discontinue operation during second stage smog alerts. k. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. I. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. m. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. n. Wind barriers shall be installed along the perimeter of the site. o. Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. p. Comply with the NPDES Storm Water Permit requirements. q. Discovery of additional contamination/pipeline, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, utilities cannot be released, and commencement of use cannot occur until the following has been completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. (PW) (02pcm0723) PC Minutes July 23, 2002 Page 19 2. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) 3. Applicant shall provide the City with Microfilm copies (in City format) and CD (AutoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the Landscape Architect for permanent City record. (PW) 4. Security gates shall be designed to comply with City Specification #403-Fire Access for pedestrian or vehicular security gates. (FD) 5. Secondary emergency access gates must be secured with KNOX and association (if any) hardware. (FD) 6. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification #424-Portable Fire Extinguishers. (FD) 7. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) 8. Address numbers shall be installed to comply with City Specification #428-Premise Identification. (FD) 9. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415-Fire Lane Signs. If prior to approved signage fire lane violations occur and the services of the Fire Department are required, the applicant may be liable for related expenses. 10. All damaged asphalt areas in the play court area shall be repaired or resurfaced to the satisfaction of the Public Works Department. 11. The existing cornerstone/historical marker (Robert H. Burke) shall be preserved at its current location or relocated to a visible area on the property, subject to the approval of the Planning Director. b. A neighborhood traffic committee shall be established to allow neighbors to express concerns and suggest methods of improving traffic and pedestrian safety. Huntington Christian School shall meet with their regular neighborhood committee six months after issuance of the certificate of occupancy, and twice a year thereafter, in order to assess the parking and traffic at the site. If, after one year of operation, there (02p=0723) PC Minutes July 23, 2002 Page 20 are substantial neighborhood concerns with traffic and/or parking, then the issues shall be analyzed by Planning and Public Works staff and if necessary, shall be subject to further review by the Planning Commission in order to resolve any outstanding concerns. (Mitigation Measure) c. The applicant shall provide written confirmation of formation of a neighborhood traffic committee, with signatures of members, prior to issuance of a certificate of occupancy. d. Prior to the start of each school year, an informational packet shall be distributed throughout the entire neighborhood and to the City of Huntington Beach Planning Department with the following information: (Mitigation Measure) 1. School contact information, 2. School policies regarding drop-off and pick-up of students 3. A calendar of events for the upcoming school year. The calendar of events shall include the next meeting date for the neighborhood traffic committee. e. Fluorescent yellow/green school zone signing shall be provided on internal streets immediately surrounding the school as follows: (Mitigation Measure) 1. Queens Park Lane, north and south of the school 2. Erskine Lane, west of Hunter Lane 3. Star Drive, west of National Lane 4. Upland Drive, west of Sparkman Lane 5. Levee Drive west of Reef Lane f. Double yellow striping shall be provided to restrict left turns into and out of the school driveways. Install regulatory signs at the school driveways to reinforce the directions given to parents for entry to and exit from the school site. (Mitigation Measure) g. Install stop signs at the following locations: (Mitigation Measure) 1. Levee Drive at Reef Lane 2. Netherway Drive and Queens Park Lane h. Install pavement marking establishing a "KEEP CLEAR" zone on Queens Park Drive within its intersection of Scotstoun Drive. An informational packet shall be provided to parents prior to each school year, which shall include the following: 1. Carpooling information including an identification tag, to be displayed on the vehicle, indicating the location for drop-off/pick-up of students. 2. An address matching list to aid parents in finding a convenient carpooling partner. (02p=0723) PC Minutes July 23, 2002 Page 21 j. Written proof of a formal carpooling program shall be submitted to the Planning Department for inclusion in the entitlement file. k. The existing driveway on Upland Drive shall be removed and replaced with an ADA compliant driveway per City Standard Plan No. 211. 7. The use shall comply with the following conditions of approval: a. Individual Certificates of Occupancy shall be issued for each phase of increased enrollment of the school based on an initial enrollment of 508 students and a maximum enrollment of 650 students. Following the initial issuance of Certificate of Occupancy, subsequent requests for Certificates of Occupancy will be subject to the applicant demonstrating that the increased enrollment will not result in an increase in vehicle trips to and from the site beyond those previously generated by the school operating as a 720 student public school. For the purposes of establishing the maximum number of trips allowed for the site, the previous public school use is estimated to have generated 1,686 trips per day, 516 trips during the morning peak period and 325 trips during the afternoon peak period, or as established by additional trip generation studies at local public elementary schools (minimum 2 schools) and approved by the Department of Public Works. The applicant shall demonstrate the ability to comply with these limitations through the preparation of a trip generation study prior to increasing enrollment and in the spring of each year following an increase in enrollment (including the first year of operation). The study shall be based on actual traffic counts contracted by the City. Reimbursement for the costs of the traffic counts shall be made by the applicant prior to release of the traffic information. The trip generation study shall be prepared by a qualified traffic engineer and include the following: • Total number of students enrolled at the time of the counts • Total staff at the time of the counts • Daily, morning peak hour and afternoon peak hour trip generation of the existing operation • Daily, morning peak hour and afternoon peak hour trip generation estimates for the proposed enrollment based on existing, demonstrated trip generation rates • Description of policies and programs in place at the time of the counts (carpools, bussing, schedules, incentives) • Description of proposed policy and program changes to be implemented along with the proposed enrollment increase (if any). Should the operation be found to not comply with the trip generation limitations during the first year of operation, one additional year will be allowed in which to demonstrate the ability to attain the required trip limitation. If after two years of operation the trip generation limitations (02p=0723) PC Minutes July 23, 2002 Page 22 cannot be attained, a mandatory enrollment reduction will be required to reduce traffic generation to the required levels. (PW) b. Turf and asphalt playground areas shall remain open to the public after school hours from Monday through Friday and weekends for community use and youth sports groups. (CS) c. There shall be a minimum of two parking lot attendants stationed at each of the two parking lots. One attendant shall direct and monitor vehicles entering the parking area and the second shall dismiss and receive children at the designated drop-off/pick-up areas. (Mitigation Measure) d. The blacktop area to the south of the school building shall be used for overflow parking during all special activities at the site, such as Back to School Night, Open House, and other events. A minimum of two parking lot attendants shall be provided from one half hour before each event to facilitate proper use of the temporary parking lot since no parking stall striping will be required. (Mitigation Measure) e. The hours of operation for the school shall be as follows: 1. Kindergarten: 8:45 a.m. to 1:45 p.m. 2. First through Eighth Grade: 8:45 a.m. to 2:45 a.m. f. The applicant shall be responsible for the maintenance of all landscaping, asphalt playground areas, play fields, and general maintenance of the property. g. The entry gates at the southerly parking lot shall remain closed between the hours of 5 p.m. and.7;45 a.m. h. There shall be no exterior amplified speakers, intercom system, or bells on the property. i. The existing on -site day care use (Step -by -Step Daycare) shall be allowed to remain in operation on the subject site or at an off -site location as provided by the applicant, for a period not to exceed sixty (60) days from the date of Planning Commission approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. Conditional Use Permit No. 02-12 shall become null and void unless exercised within one (1) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 2. Conditional Use Permit No. 02-12 shall not become effective until the ten -calendar day appeal period has elapsed. (02p=0723) PC Minutes July 23, 2002 Page 23 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-12, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. All applicable Public Works fees shall be paid. 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 and verified by the Planning Department. 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 Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 8. 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. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. Traffic Impact Fees shall be paid at the time of issuance of a Certificate of Occupancy based on the latest updated fee applicable at that time. The fee will be calculated based on the expected net new trip generation of the use compared to the previous school use. For the purposes of calculating the Traffic Impact Fee it is assumed that the previous school use generated 1,686 trips per day, or as established by additional trip generation studies at local public elementary schools (minimum 2 schools), and approved by the (02p=0723) PC Minutes July 23, 2002 Page 24 Department of Public Works. Any trips generated in excess of this amount will be subject to payment of Traffic Impact Fees. The owner is entitled to measure the actual trip generation of the facility, via a Traffic Impact Analysis (TIA), for the purpose of adjusting the traffic impact fee. This study shall be submitted for review and approval by the Public Works Department Transportation Division and is subject to these conditions: Upon construction and maturity of the facility, the owner may commission a trip generation study meeting ITE standards current at the time the study is performed. A firm approved by City staff must perform the data collection. The results would be compared to the predicted trip generation used to calculate the previously paid traffic impact fee, and an appropriate rebate would be made if justified by the study. "Maturity" of the facility means that full enrollment has been attained, and is expected to occur not less than three years after first occupancy. (PW ) 11. An encroachment permit shall be required for all work within the right-of-way. (PW ) 12. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. C. CONSENT CALENDAR — None. D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIESICOMMENTS Commissioner Stanton — None. Commissioner Kerins — None. Commissioner Hardy — None. Commissioner Shomaker — None. Commissioner Livengood — None. Commissioner Kokal — welcomed Don Stanton to the Commission. Commissioner Porter— requested a copy of Division 9 (repealed zoning ordinance); informed the Commission that he would not be present at the August 13, 2002 meeting; and, thanked staff members and the Commission for remembering his birthday. (02pcmo723) PC Minutes July 23, 2002 Page 25 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING — None. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING — None. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the Planning Commission meeting of August 13, 2002. G. ADJOURNMENT —Adjourn to the next regularly scheduled Planning Commission meeting of August 13, 2002. HZ:HF:d APP ED BY: KqXard Zelefsky, Secretary n Shomaker, Chairperson (02pcm0723) PC Minutes July 23, 2002 Page 24 Department of Public Works. Any trips generated in excess of this amount will be subject to payment of Traffic Impact Fees. The owner is entitled to measure the actual trip generation of the facility, via a Traffic Impact Analysis (TIA), for the purpose of adjusting the traffic/impact fee. This study shall be submitted for review and approval by the Public Works Department Transportation Division and is subject to these conditions: Upon construction and maturity of the facility, the owner may commission a trip generation study meeting ITE standards current at the time the study is performed. A firm approved by City staff must perform the data collection. \'he results would be compared to the predicted trip generation used to calculate the previously paid traffic impact '/fee, and an appropriate rebate wool d be made if justified by the study. 'Maturity" of the facility means that full a ollment has been attained, and,is expected to occur not less than three y ars after first occupancy. (PW) 11. An encroa hment permit shall be �equired for all work within the right-of-way. (PINj 12. A Certificate o%cupancy (ast be issued b the Plannin De artment and 2 C� Y 9 PBuilding and y Department prior to occupying the building. C. CONSENT CALENDAR — 10 E. P E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. ,n — None. — None. — None. aker— None. rood — None. Commissioner Kokal — welcomed Don Stanton to the Com Commissioner Porter — requested a copy of Division 9 (repeale zoning ordinance); informed the Commission that he would not be presen t the August 13, 2002 meeting; and, thanked staff members and the Com IT for remembering his birthday. (02p=0723)