HomeMy WebLinkAbout2004-01-27MINUTES
HUNTINGTON BEACH PLANNING COMMISSION
'TUESDAY, JANUARY 27, 2004
HUNTINGTON BEACH CIVIC CENTER
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648
5:15 P.M. - ROOM B-8 - CITY HALL LOWER LEVEL
CALL PLANNING COMMISSION MEETING TO ORDER
AGENDA APPROVAL — Approved by acclamation.
P P " -A P P P P
ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
Commissioner Ray arrived at 5:25 p.m.
A. STUDY SESSION ITEMS
1. CONDOMINIUM CONVERSION STANDARDS — Scott Hess .
Scott Hess, Planning Manager, provided information on historical activity related to City
adopted requirements for a conditional use permit for stock cooperatives and
condominium developments, including specific conversion standards established as part
of the Condominium Conversion Ordinance adopted in 1984.
The Commission inquired about fire, sprinklers, and about code enforcement for .
entitlements approved before adoption of the. condominium conversion ordinance
amendment. Staff explained that the intent of the ordinance amendment was to update
issues related to the Building Code.
Brief discussion and suggested language modifications were made to the following
sections:
■ Section 235,06 Required Reports and Information / A. Physical Elements Report: 1. -
Structural conditions (explain in detail); substitute the term described for
addressed
■ Section 235.06 Required Reports and Information / A. Physical Elements Report: 5.
— Why must a builder identify the exterior color selection and brand name of paint?
■ Section 235.06 Required Reports and Information / D. Vacancy Rate Analysis:
Language too general ... expand
■ Section 235.08 Condominium Conversion Standards / A. Compliance with City
Adopted Uniform Codes and National Electrical Code: Reword the term frnaled
■ Section 235.08 Condominium Conversion Standards / D. Contingency Fees:
Discussion on contingency or reserve funding and minimum fees
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■ Section 235.08 Condominium Conversion Standards / E. Affordable Housing Fees:
discussion on annual median income figures and resale controls included as a deed
restriction
■ Section 235.10 Tenant Benefits and Notification / C. Tenants' Discounts: Discussion
on formula
■ Section 235.10 Tenant Benefits and Notification / E. No Increase in Rent:
Discussion on rent control
■ Section 235.10 Tenant Benefits and Notification / F. Movinq Expenses: Discussion
on formula
■ Section 235.10 Tenant Benefits and Notification / H. Discrimination: Discussion on
age discrimination
■ Section 235.12 Effect of Proposed Conversions on the City's Low -and Moderate -
Income Housing Supply: Discussion on guidelines for consideration.
■ Section 235.16 Findings / F.: Language clarification
2. STREAMLINING ORDINANCE — Rosemary Medel
Rosemary Medel, Associate Planner, provided an overview of Zoning Text Amendment
No. 03-02 (Entitlement Permit Streamlining Phase II). The staff reported included
information on the following chapters of the City's Zoning and Subdivision Ordinance:
■ Chapter 203 Definitions
■ Chapter 204 Use Classifications
■ Chapter 210 Residential Districts
■ Chapter 211 Commercial Districts
■ Chapter 212 Industrial Districts
■ Chapter 214 PS Public Semi Public District
■ Chapter 220 Oil Production Overlay District
■ Chapter 222 FP Floodplain Overlay District
■ Chapter 230 Site Standards
Commissioner Dingwall asked about the timeline of Phase 11. Staff provided information,
including a tentative public hearing date of March 9, 2004.
Commissioner Livengood pointed out major changes and questioned whether or not a
public hearing was necessary.
Discussion ensued on the definition of Neighborhood Notification and how it relates to
infill lot ordinance notification (Attachment 1.11).
Discussion ensued on the appeal process for decisions made through the Administrative
Review and/or by the Planning Director.
Commissioner Scandura asked about how the figures for Residential Uses/Multi-family
Residential listed on Attachment No. 1.31 compare to other cities.
Brief comments were made regarding:
■ Section 211.04 CO. CG. and CV Districts: Land Use Controls/Public and Semipublic
(Group Residential, Residential Care/General, Hotels/Motels)
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• Section 212.04 IG and IL Districts: Land Use Controls/Public and Semipublic
(Utilities/Major, Visitor Accommodations)
■ Section 212.04 IG and IL Districts: Additional Provisions (Commissioner Livengood
objected to L-4 on Attachment No. 1.68)
3. ENVIRONMENTAL IMPACT REPORT NO.02-01 / CONDITIONAL USE PERMIT NO
02-20 WITH SPECIAL PERMITS- (PACIFIC CITY) UPDATE — Scott Hess
Scott Hess informed the Commission that 17 comment letters had been received on EIR
No. 02-01. He stated that staff was in the process of preparing responses that should be
complete and distributed by mid February. He also stated that a public hearing is
tentatively scheduled for March 23, 2004. -
4. ZONING TEXT AMENDMENT PRIORITY LIST — Herb Fauland
Herb Fauland provided an overview of the informational columns on the Proposed -
Zoning Text/Map Amendments Priority List.
The Commission asked how items become prioritized, requesting that staff prioritize
Residential In -Fill Lot Developments. Herb explained that the City Council prioritizes
development activity through the City's Work Program.
The Commission decided to continued discussion on the item at the next Planning
Commission Workshop.
S. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland
Herb Fauland reviewed items for public hearing and informed the Commission that the
applicant has requested a continuance on Public Hearing Item No. B-1.
B. PLANNING COMMISSION COMMITTEE REPORTS — None.
C. PENDING ITEMS LIST — No new items.
PUBLIC COMMENTS — Renardina Study Session portion of Meeting
Mark Bixby, Huntington Beach, thanked Planning staff for providing Planning Commission
action material via email.
Rob Jason, Waterfall Circle, voiced concerns related to street and sidewalk conditions on
Atlanta Street near the Pacific City project -(Study Session Item No. A-3). -
Mike Adams, Huntington Beach, provided comments on code compliance and rental units, and
modified and safe building standards related to Study Session Item_ No. A-1 (Condominium
Conversion Standards). . .
6:30 P.M. — RECESS FOR DINNER
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7:00 P.M. — COUNCIL CHAMBERS
CALL PLANNING COMMISSION MEETING TO ORDER
PLEDGE OF ALLEGIANCE
P, I P P P P P P
ROLL CALL Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
AGENDA APPROVAL
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SHOMAKER, TO APPROVE THE
JANUARY 27, 2004 AGENDA, BY THE FOLLOWING VOTE:
AYES:
Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSES
A. ORAL COMMUNICATIONS
Joey Racano, W.E.V.O.T.E., spoke in opposition to continuing Public Hearing Item No. B-1
(Huntington Beach Wetlands Conservancy Expansion). He voiced concerns about how a
permanent building will affect the surrounding area, and discussed how the Clean Water Act
and continuity relates to the area (Talbert Marsh and Big Shell Wetland). He also discussed
financial projections related to the AES Power Plant and urged the Commission to be cautious.
Merrilee Madrigal, Huntington Beach Santa Ana River Conservancy, spoke regarding
Conditional Use Permit (CUP) No. 96-45 (Hiro's Nursery). She voiced concerns related to
potentially unregulated, unpermitted land filling within the Santa Ana River corridors. She
requested that the City require an environmental impact report prior to issuance of future
grading permits on the property.
B. PUBLIC HEARING ITEMS
B-1. P
MMA%orl YYC 1 LANUO VUN0r_MVAIYV r CAPA1NQ1VIY PUTIG19LJIVir-111 1 V
CONDITIONAL USE PERMIT NO. 92-1R1: Applicant: Peter Haddad Request: To
amend Conditional Use Permit 92-1(R) by deleting Condition No. 1-e, requiring 2 bus
parking spaces and Condition No. 7, prohibiting outside storage. The application
includes a request to modify the approved site plan by replacing an existing 2,260 sq. ft.
modular rehabilitation building and visitor center with a 4,200 square foot, one-story
animal hospital/visitor center. The proposal also includes site improvements consisting
of an 8 ft high block wall along Pacific Coast Highway, parking lot re -striping, and an
onsite storage container. Location: 21900 Pacific Coast Highway (northeast corner of
Newland and Pacific Coast Highway) Project Planner: Rami Talleh
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STAFF RECOMMENDATION: Motion to: "Continue to February 10; 2004 at the
request of the applicant.'.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO
CONTINUE COASTAL DEVELOPMENT PERMIT NO. 03-17 / ENTITLEMENT PLAN
AMENDMENT NO.03-02 (HUNTINGTON BEACH WETLANDS CONSERVANCY
EXPANSION — AMENDMENT TO CONDITIONAL USE PERMIT NO.92-1 R) AT THE
APPLICANT'S REQUEST TO FEBRUARY 10; 2004 WITH THE PUBLIC HEARING TO
BE OPENED, BY THE FOLLOWING VOTE: -
AYES:
Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES:
None
ABSENT:
None
ABSTAIN:
None
MOTION PASSES
B-2. PUBLIC HEARING TO BE OPENED: APPEAL OF THE ZONING
Applicant/Appellant: AFL Telecommunications Request: To install a wireless
communications facility consisting of three antenna arrays attached to an existing
Southern California Edison tower at a height of 43 feet, and a 185 square foot, 10 foot,
inches tall equipment enclosure located at grade below the tower. Location: 19241
Magnolia Street (west side of Magnolia Street, south of Garfield Avenue) Pro ect
Planner: Ron Santos
STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 03-42
with recommended findings and conditions of approval!
7
Commissioner Thomas excused herself from action on the item due to a possible conflict
of interest.
Ron Santos, Assistant Planner, identified late communication and made a presentation
to the Commission.
Questions/comments included:
■ Staff provided an explanation on'the five -property petition of signatures.
■ Discussion of past park lighting provided by adjacent homeowners, and the
possibility of proximity -triggered floodlights.
■ Discussion of how the proposed building would shield vandalism attempts from plain
view.
■ Discussion on the types of tower devices in place that prohibit people from climbing
them..
■ Request for studies that provide -information on the harmful effects of combined
power and radio transmission. Staff stated that federal law precludes local
government from regulating wireless communication facilities based on
environmental effects of radio frequency emissions.
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• Discussion regarding underground equipment vaults. Staff and the applicant agreed
that the concept is generally cost prohibitive.
■ Discussion regarding the number of homes fronting the park, and the number of
those individuals opposed to the request.
■ Discussion of park and building square footage.
-THE PUBLIC HEARING WAS OPENED:
David Licata,'Crescent Drive, asked if the public would be offered a chance to rebut
possible statements made by staff, the applicant or the Commission. The Commission
replied negatively and therefore Mr. Licata requested to speak after the applicant.
Suzanne Gatti, applicant, Cingular Wireless, spoke in support of the item and responded
to questions and/or comments made by the Commission related to vandalism and tower
climbing. She questioned the accuracy of information reported by those who oppose the
project, and stated that the Zoning Administrator's denial was not legitimate, claiming
that the findings provided no evidence to support a denial. She also discussed a similar
facility at a nearby location that was previously approved by the City.
David Licata, Crescent Drive, spoke in opposition to the item, urging the Commission to
locate the structure on commercial property, not parkland: He discussed a similar
existing facility that abuts Magnolia Street and does not impact the parks view or use.
He voiced concerns regarding vehicle access, sleep -disruption, and the proposed
building height of 11 feet, calling it a shelter for vagrants. He stated that the location was
wrong for pedestrians and animals that enjoy the park.
WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC_ HEARING_ WAS CLOSED.
The Commission made the followine disclosures: Commissioners Scandura, Ray
and Davis visited the site and surrounding neighborhood.
Commissioner Scandura complimented the staff report. He identified Huntington Beach
as a "park poor" city and stated that placing industrial equipment on parkland property is
incompatible. He suggested finding a more suitable location and objects to revenue
being generated for uses other than recreational. He also stated that vehicular access
to the facility is necessary.
Commissioner Davis stated that the applicant chose the location for a reason, and
reminded the audience that most homeowners enjoy cell phones. He stated that he is
not offended by the structure,'that the ratio of parkland area is not disturbing, and that
the proposed building is similar to other park structures, i.e., park restrooms and
equipment houses.
Staff stated that California Edison easement areas co -mingle with parks and reminded
the Commission that the request involves an addition to an existing tower facility. Staff
also stated that three like antennas exist in the immediate area, and that the use is
allowed in all zoning classifications. Staff also noted that the City provides parkland at a
ratio of 5 acres per 1000 people — the goal is established in the General Plan.
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Commissioner Dingwall asked about disguising antennas and ordinance regulations.
Staff discussed language within the ordinance that allows for design variations.
Commissioner Dingwall suggested providing safety personnel at night to enhance public
safety in the region. He also recommended adding a condition that requires proximity
(motion sensor) lighting and stated that he would not be opposed to an underground
vault.
Commissioner Livengood asked about repair access vehicles and what road they would
use. Staff explained that the existing paved road near the southern property line would
be used for access and parking.
Commissioner Ray asked why the north tower was being modified, and not the south?
The applicant explained that radio technicians recommended the north tower for
technical purposes and enhanced transmission.
The applicant also noted that the City generally prefers co -location on existing lattice
towers to construction of new support towers.
Commissioner Davis stated that he was opposed to proximity lighting, and that the
proposed building is consistent with other like uses.
A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO APPROVE
CONDITIONAL USE PERMIT NO.03-42 WITH RECOMMENDED FINDINGS AND
CONDITIONS OF APPROVAL.
Commissioner Dingwall stated that no one has ever been known to disable proximity
lighting.
Commissioner Davis commented that he would not support proximity lighting, especially
without neighborhood notification.
A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO AMEND
COMMISSIONER DAVIS' MOTION BY ADDING A CONDITION OF APPROVAL TO
INCLUDE PROXIMITY LIGHTING.
Discussion ensued on proximity lighting and the Commission asked Mr. Licata to
approach the podium and provide comments. Mr. Licata voiced concerns about a 15 ft.
high light source blinking on and off during the night.
Suzanne Gatti stated that Cingular would not be opposed to the added condition of
approval for security lighting.
Staff recommended that the Police Department provide direction on appropriate security
lighting that would enhance safety conditions; but not be a nuisance to neighboring
residents.
Commissioner Scandura stated that vehicular access hours needed to be addressed
because no restrictions exist within the recommended conditions of approval.
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Commissioner Shomaker stated that she does not support proximity lighting.
Suzanne Gatti stated that Cingular requests 24-hour access to the facility, informing the
Commission that as the leaseholder, the City can govern access time outside of an
emergency.
THE MOTION WAS RESTATED BY DINGWALL, SECONDED BY RAY, TO AMEND
COMMISSIONER DAVIS' MOTION BY ADDING A CONDITION OF APPROVAL TO
INCLUDE PROXIMITY LIGHTING, BY THE FOLLOWING VOTE:
AYES:
Ray, Dingwall
NOES:
Scandura, Davis, Shomaker, Livengood
ABSENT:
None "
ABSTAIN:
Thomas
MOTION FAILS
COMMISSIONER DAVIS RESTATED HIS ORIGINAL MOTION, SECONDED BY
SHOMAKER, TO APPROVE CONDITIONAL USE PERMIT NO.03-42 WITH
RECOMMENDED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE
FOLLOWING VOTE:
AYES:
NOES:
ABSENT:
ABSTAIN:
MOTION FAILS
Davis, Shomaker, Livengood
Scandura, Ray, Dingwall
None
Thomas
A MOTION WAS MADE BY COMMISSIONER RAY TO CONTINUE THE ITEM TO A
DATED UNCERTAIN, HAVING STAFF CONSIDER ANOTHER PROJECT LOCATION.
Staff 'explained that recommending a new location would require a new application and
public notification.
Discussion ensued on majority vote rule, and whether or not the request was
automatically deemed denied according to the Planning Commission By Laws.
Commissioner Dingwall considered an alternate motion that included conditions related
to repair vehicle access hours and proximity lighting.
Commission Scandura read from the By Laws, confirming that an affirmative vote of a
majority of the members present must be reached to approve a request.
A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO
APPROVE CONDITIONAL USE PERMIT NO.03-42 WITH RECOMMENDED
FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, INCLUDING REPAIR
VEHICLE ACCESS HOURS AND SECURITY -LIGHTING AS RECOMMENDED BY
STAFF AND THE POLICE DEPARTMENT.
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Commissioner Scandura restated his opposition to incompatible land use.
THE VOTE WAS AS FOLLOWS:
AYES: Davis, Shomaker, Dingwall, Livengood
NOES: Scandura, Ray
ABSENT: None
ABSTAIN: Thomas
MOTION PASSES
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-42
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 15303 of the CEQA Guidelines, because the project
consists of the installation of a small new facility and structure and associated
equipment.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-42:
1. Conditional Use Permit No. 03-42 to install a wireless communications facility,
consisting of three (3) antenna arrays attached to an existing Southern California
Edison tower at a height of 43 ft. and a 10 ft.-7 in. tall, 185 sq. ft. equipment
enclosure located at grade, below the tower, 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 proposed facility will not
generate noise, traffic, demand for additional parking or other impacts detrimental to
surrounding property.
2. The conditional use permit will be compatible with surrounding uses because the
proposed facility will be located on and adjacent to existing Southern California
Edison transmission towers, on an existing SCE right-of-way. The design of the
facility, which features antennas painted to match the tower to which it is attached,
and an equipment shelter constructed of decorative masonry with a tiled roof, will
ensure the compatibility of the proposed facility with surrounding uses.
3. The proposed Conditional Use Permit No. 03-42 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 the provisions of HBZSO Section
230.94 —Wireless Communications Facilities.
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 RL (Residential Low -
Density) on the subject property, pursuant to the provisions of the Huntington Beach
Zoning and Subdivision Ordinance Section 230.96, which serves to implement the
General Plan. In addition, it is consistent with the following goals and policies of the
General Plan:
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L.U. 2: Ensure that development is adequately served by transportation
infrastructure, utility infrastructure and public services.
U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities
where they encroach upon view corridors or are visually incompatible with their
surrounding uses.
U. 5.1: Ensure that adequate natural gas, telecommunications and electrical
systems are provided.
U. 5.1.1: Continue to work with service providers to maintain current levels of service
and facilitate improved levels of service.
RCS 8.1.4: Revenue generating facilities shall be encouraged where appropriate in
the future design and programming of parks.
The proposed facility will enhance wireless communications in the, community by
improving signal transmission and reception in the project vicinity. In addition, the
proposed co -location of antennas with an existing transmission tower, and the use of
decorative masonry and a tiled roof to screen equipment cabinets, will minimize the
project's visual impacts. The proposed facility will generate lease revenue for the City
which may be used to fund park acquisition, maintenance, recreations programs and
facilities and other City services.'
CONDITIONS OF APPROVAL -- CONDITIONAL USE PERMIT NO.03-42:
1. The site plan, floor plans, and elevations received and dated November 3, 2003,
-shall be the conceptually. approved layout.
2. -The proposed wireless communications facility may be serviced only between 7:00
a.m. and 5:00 p.m., except as necessary for emergency purposes.
3. Prior to submittal for building permits, the Police and Planning Departments shall
review the proposed project plans and determine what, if any, motion -activated
security lighting shall be installed at the proposed facility. If security lighting is
determined to, be necessary, -the applicant shall be responsible for demonstrating
that any lighting to be installed will be designed and shielded to avoid illumination
and glare impacts on surrounding residential properties. The type, location and
intensity of proposed lighting shall be noted on the plans submitted for building
permits. Required lighting shall be installed prior to final of building permits and
activation of the facility.
INDEIIANICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless -the City of Huntington Beach and its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorney's fees and costs against the City or its agents, officers or employees, to attack,
set aside, void or annul any approval of the City, including but not limited to any approval
granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the applicant of any claim, action or
proceeding and should cooperate fully in the defense thereof.
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B-3. PUBLICHEARING TO BE OPENED: CONDITIONAL USE PERMIT
NO.03-33 (HUNTINGTON HARBOUR ATHLETIC CLUB): Applicant: Bill Reseigh
Request: To establish a 3,831 square foot health club in an existing commercial suite.
The proposed facility provides for free -weight lifting, aerobics, cardiovascular
equipment, circuit training and stationary cycling. Proposed hours of operation are
Monday -Friday 4:00 a.m. —12:00 a.m. and Saturday-Sunday'7:00 a.m. — 5:00 p.m.
Location: 16400 E. Pacific Coast Highway, Suite 120 (north side'of Pacific Coast
Highway, northwest of Admiralty Drive) Protect Planner: Ron Santos
STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 03-32
with recommended findings and conditions of approval."
The Commission made the following disclosures: Commissioner's Scandura, Ray,
Dingwall and Livengood walked the site.
Ron Santos, Assistant Planner, identified late communication and made a presentation
to the Commission.
Questionslcomments included:
■ The Commission asked if the prior facility was a smoke shop business and staff
confirmed.
THE PUBLIC HEARING WAS OPENED:
Michael Bernstein, Huntington Harbour Athletic Club, spoke in favor of the item, stating
that the Peter's Landing location was appropriate with approximately 50 club members
residing in the immediate area. He indicated that no other health clubs exist within 5
miles of the subject site. He addressed concerns related to the hours of operation, traffic
on -Pacific Coast Highway and noise. He also indicated that the request has received no
opposition from surrounding -residents.
Commissioner Scandura asked for the number of people that use the facility in the early
a.m. or late p.m. hours. Mr. Bernstein replied 5 to 10.
Commissioner Livengood asked about elastic cushions. Mr. Bernstein stated that they
would be used in both locations.
Commissioner Thomas asked about the establishments "lights out" hour. Mr. Bernstein
replied that members typically arrive early enough to complete their business prior to the
scheduled time for close of business.
Douglas Shen, Pack Coast Highway, represented Peters Landing in support of the
item.
Joe Eastham, Pack Coast Highway, -spoke in support of the item.
WITH NO ONE ELSE PRESENT, THE PUBLIC HEARING WAS CLOSED
Discussion ensued on the hours of operation.
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A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE
CONDITIONAL USE PERMIT NO.03-33 WITH FINDINGS AND MODIFIED
CONDITIONS OF APPROVAL (HOURS OF OPERATION), BY THE FOLLOWING
VOTE:
AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood
NOES: Shomaker
ABSENT: None
ABSTAIN: None
MOTION PASSES
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-33:
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 of the CEQA Guidelines, which states that the
operation or minor alteration of existing private structures, involving negligible or no
expansion of use beyond that previously existing, will not have a significant effect on the
environment.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-33:
Conditional Use Permit No. 03-33 to establish a 3,831 square foot health club in an
existing commercial suite, including facilities for free -weight lifting, aerobics,
cardiovascular equipment, circuit training and stationary cycling, 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.
Based upon the conditions imposed, noise impacts will be fully mitigated. The
proposed facility will not generate noise, traffic, demand for additional parking or
other impacts detrimental to surrounding property and inconsistent with the subject
property's commercial zoning.
2. The conditional use permit will be compatible with surrounding uses because the
health club is proposed in an existing commercial center with adequate parking
capacity and in a suite adequately buffered from adjacent residential land uses to
ensure no detrimental impacts.
3. The proposed Conditional Use Permit No. 03-33 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 the provisions HBZSO parking
requirements and the City's noise ordinance.
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 Commercial Visitor (CV-F2-
d) on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan:
LU 10: Achieve the development of a range of commercial uses.
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LU 10. 6: Require that commercial projects abutting residential properties
adequately protect the residential use from the excessive or incompatible impacts of
noise, light, vehicular traffic, -visual character:and operational hazards.
The proposed health club would provide a service to Huntington Beach and surrounding
area residents and would help to revitalize'a commercial center that has experienced
poor patronage in recent years. The use would be subject to compliance with City noise
standards. Conditions of approval are recommended, which will help to ensure no
detrimental noise impacts on adjacent residential properties.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03.33:
1. The site plan, floor plans, and elevations received and dated September 29, 2003,
shall be the conceptually approved layout.
2. The use shall comply with the following:
a. The project narrative dated May 27, 2003, and attached hereto, except that hours
of operation shall be limited to 5:00 a.m. to 12:00 pA. Monday through Friday,
7:00 a.m. to 5:00 p.m: on Saturday and 8:00 a.m. to 5:00 p.m. on Sunday.
b. Huntington Beach Municipal Code Chapter 8.40, Noise Control
c. The noise level inside the facility shall not exceed 80 dBA.
d. The facility doors shall be kept closed after 10:00 p.m. and before 7:00 a.m.
e. Elastic cushions shall be purchased and placed under all exercise machines.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of,this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and -its agents,
officers, and employees from any claim, action or proceedings, liability cost, including
attorney's fees and costs against the City or its agents, officers or employees, to attack,
set aside, void -or annul any approval of the City, including but not limited to any approval
granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the.applicant of,any claim, action or
proceeding and should cooperate fully in the defense thereof.-
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C. CONSENT CALENDAR
C-1. PLANNING COMMISSION MINUTES DATED NOVEMBER 12, 2003
A MOTION WAS MADE BY SHOMAKER, SECONDED BY THOMAS, TO APPROVE
PLANNING COMMISSION MINUTES DATED.NOVEMBER 12, 2003, BY THE
FOLLOWING VOTE: I
AYES:
Scandura, Ray,, Davis, Shomaker, Livengood
NOES:
None
ABSENT:
None
ABSTAIN:
Thomas, Dingwall
MOTION PASSES
C-2. PLANNING COMMISSION MINUTES DATED DECEMBER 9, 2003
A MOTION WAS MADE BY SHOMAKER, SECONDED BY DAVIS, TO APPROVE
PLANNING COMMISSION MINUTES DATED DECEMBER 9, 2003, BY THE
FOLLOWING VOTE:
AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood
NOES: None
ABSENT: None
ABSTAIN: None
MOTION PASSES
D. NON-PUBLIC HEARING ITEMS - None scheduled.
E. PLANNING COMMISSION ITEMS
E-1. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS —
None scheduled.
E-2. PLANNING COMMISSION COMMENTS
Commissioner Thomas — None.
Commissioner Scandura — informed the Commission that he will not be
attending the Planner's Institute Conference to be held on March 30, 2004 in
Monterey due to the City's current financial situation.
Commissioner Ray — congratulated Commissioner Shomaker as the recipient of
the Athena Award.
Commissioner Davis — None.
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PC Minutes
January 27, 2004
Page 15
Commissioner Shomaker — reported water ponding and debris on Crystal
Street near Main and Garfield. She stated that the street is not serviced by the
street sweeper and needs cleanup. She asked Public Works staff to follow-up.
Commissioner Dingwall — requested phone and email numbers to respective
staff members assigned to items listed on the Pending Items List.
Commissioner Livengood — None.
F. PLANNING ITEMS
F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING
Herb Fauland, Principal Planner — reported on the Planning Department items
heard before the City Council on January 20, 2004.
F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING
Herb Fauland, Principal Planner — reported that no Planning Department items
are scheduled before the City Council on February 2, 2004.
F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING
Herb Fauland, Principal Planner — reviewed items for the regularly scheduled
meeting of February 10, 2004.
ADJOURNMENT: Adjourned at 8:46 p.m. to the next regularly scheduled meeting of
February 10, 2004, Huntington Beach Civic Center.
APP VED BY.
o and Zelefsky, Secretary
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R9fi D vis, Chair