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HomeMy WebLinkAboutPraise Christian Church - Michael Leifer - Derek Anunciation PROOF OF PUBLICATION STATE OF CALIFORNIA) . ) SS. County of Orange ) NOTICES PUBLIC HEARING I NOTICE IS HEREBY BEFORE THE CITY COUNCIL GIVEN that Item No. 1 is covered by Mitigated am a Citizen of the United States and a OF THE CITY.OF Negative Declaration No. resident of the County aforesaid; I am HUNTINGTON of-D6. NOTICE IS HEREBY NOTICE IS HEREBY, GIVEN that Item No: 1 GIVEN that bn Monday,'. is located in the ap- over the age of eighteen years, and not a April 5, 2004, at 7:00 pealable jurisdiction of p.m. in the City Council.l the Coastal Zone and party to or interested in the below iChambers, 1,2000i Main, includes Local Coastal entitled matter. I am a principal clerk of Street, Huntington 101-01 mAmend June 19, :Beach, the City Council Ol-Ol filed, on June 19, 'will hold a public hearing I2001, in conjunction the HUNTINGTON BEACH INDEPENDENT a off the following planning (with the.above request. and zoning items: The LCPA will be for- newspaper of general circulation printed 1. LOCAL COASTAL ,warded to the California b PROGRAM AMEND- Coastal Commission if and pu lished in the City of Huntington Z ONN 1 N G 0T E X T lCouncil. by the City Council. AMENDMENT NO. 01- NOTICE IS HEREBY Beach, County of Orange, State of 05 (HUNTINGTON IGIVEN that Iteri 2 HARBOUR, BAY CLUB I is categorically exempt California, and that attached Notice is a S P E C I F I C P L A N from the provisions of AMENDMENT): Appli- I the California Environ- true and complete copy as was printed I cant: Mike Adams amend mental FILE:A co y I quest: LCPA: To amend ON FILE:A copy of the and published in the Huntington Beach the ram Local Coastal proposed request is on � Program in accordance file in the,City Clerk's and Fountain Valley issues of said with the proposed ZTAthe Office, Main Street, and forward to the Huntington Beach, Cali- newspaper to wit the issue(s) of. California Coastal Com- specti 92648, for in - newspaper mission for final certi- p y public. fication. ZTA: To amend section b the 'Specific Plan No. 4 r copy the staff' (Huntington .HarbourI report willl be available' to interested,parties at i Bay Club Specific Plan)I the City. Clerk's Office by: 1) Allowing resi- on Thursday, April 1„ dential use in Planning March 25 , 2004 Area B; 2) Adding 2004. development standards ALL INTERESTED for the future residential PERSONS are invited to development in Planning attend said hearing and Area B;3)Reconfiguring express opinions or Planning Areas . A submit evidence for or through D; and 4) against the application Updating the overall as outlined above.If you format 'of the Specific challenge the City declare, under penalty of perjury, that Plan. Location: 412.1- Council's action in court,. 4281 Warner Avenue you may be limited to the foregoing is true and correct. (North side of Warner raising only those issues Avenue, between Scep- you or. someone else tie Lane and Edgewater raised at the public Lane) Project Planner: hearing described in this Ricky Ramos notice, or in written. 2.ENTITLEMENT PLAN correspondence deliv- 2004 AMENDMENT. NO. 04 ered to the City at, or Executed on March 25 01 (AMENDMENT TO, prior to, •the public at Costa Mesa, California. CONDITIONAL WSE' hearing. if there are any PERMIT NO. 02-11 •/� further questions please PRAISE CHRISTIAN call the Planning De- CHURCH): Applicant:, partment at 536-5271 City of Huntington Beach, and refer to the above. Request: Modification of items. Direct your I Conditional Use Permit written communications' No. 02-11 for fees to the City Clerk ;associated with the Holly- Connie Brockway, City ff Development Clerk;City of Huntington Agree Agreement: Location: Beach,:2000 Main Street, 18851 Goldenwest Street 2nd '.F,loor, Huntington i(west side of Golden-_Beach;California.92648 west Street, north of'(714)536-5227 Signature Garfield Avenue). Proi Published Huntington sect Planner•. Paul Da Beach Independent /n Veiga March 25,0244 034-343 VA (15) November 6, 2002 -Council/Agency Minutes -Page 15 g. 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. h. If outdoor lighting is included, 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. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110- 220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) b. All applicable Public Works fees shall be paid. (PW) c. Fire access roads shall be provided in compliance with City Specification #401. (FD) d. Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) (16) November 6, 2002 -Council/Agency Minutes - Page 16 g. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits. (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) i. All Fire Department requirements shall be noted on the Building plans. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. 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/grading activity. 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. b. The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division standards. (PW) d. If a separate irrigation water service and meter is required, it 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. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW) (17) November 6, 2002 -Council/Agency Minutes - Page 17 f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) h. Service roads and fire lanes, as determined by the Fire Department, shall be posted, marked, and maintained to comply with City Specification No. 415. Additionally, the site plan shall depict all fire lanes. 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. (FD) i. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one- half(1-1/2) inches. (FD) j. 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) k. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. I. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. m. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. 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. o. A Holly-Seacliff Area of Benefit fee shall be paid in the amount of$44,809.80 in accordance with Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street. (Code Requirement) 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 7. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel. (Code Requirement) 8. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (Code Requirement) 9. All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area. (18) November 6, 2002 -Council/Agency Minutes - Page 18 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-11 shall not become effective until the ten (10) calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-11 shall become null and void unless exercised within one year of the date of final approval, which is September 10, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-11, 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. 6. Construction shall be limited to Monday-Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. An encroachment fee shall be required for all work within the City's right-of-way. 8. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. Standard landscape code requirements apply (Chapter 323 of the HBZSO). 10.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. 11.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. 12. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. RCA ROUTING SHEET INITIATING DEPARTMENT: City Attorney/Planning SUBJECT: Approve Entitlement Plan Amendment COUNCIL MEETING DATE: 4/5/04 RCA ATTACHMENTS `STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attome Not Applicable Certificates of Insurance (Approved by the City Attorne ) Not Applicable Financial Impact Statement (Unbud et, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Find in s/Conditions for Approval and/or Denial Attached EXPLANATION;FOR,MISSING ATTACHMENTS REVIEWED_ RETURNED `, .FO `RD.EW, Administrative Staff Assistant City Administrator Initial City Administrator (Initial) p City Clerk EXPLANATION:FOR RETURN OF ITEM SpaceOnly) RCA Author: NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 5, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. ENTITLEMENT PLAN AMENDMENT NO. 04-01 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 02-11 / PRAISE CHRISTIAN CHURCH): Applicant: City of Huntington Beach Request: Modification of Conditional Use Permit No. 02-11 for fees associated with the Holly-Seacliff Development Agreement. Location: 18851 Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Project Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 1, 2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g\1ega1s\CCLGFRM2\02cc 1106) vi PC Minutes f September 10, 2002OR Page 23 AFT m. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. 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. 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 7. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel. (Code Requirement) 8. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (Code Requirement) 9. All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area. 10.The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-11 shall not become effective until the ten (10) calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-11 shall become null and void unless exercised within one year of the date of final approval, which is September 10, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date.. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-11, 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. (02pcm0910) ATTACHMENT NO �2-A- -- PC Minutes -- September 10, 2002 Page 24 DRAFT r 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. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. An encroachment fee shall be required for all work within the City's right-of-way. 8. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. Standard landscape code requirements apply (Chapter 323 of the HBZSO). 10.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. 11.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. 12.A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. i B-3a. E ONMENT L IMPACT REPORT NO. 97-2 PARKSIDE ESTATES): licant: S Homes Re st: EIR: T- certify EIR N 7-2 which analyzes t otential envir• mental im is associate ith implementation of the prop d project. Lo ion: 1730 raham Stre west side of Gr m Stree outh of Warn venue, ad' ent to the W' ersburg Flood rol Ch el). Pro'ect nners: Sc- Hess, Plan g Manager, a ary Beth eren, Princip lanner • Environ tal Impact ort No. 97- IR No. 97-2): - An es propos • developme n an approxim , 49 acre vaca ite f he purpose • constructin p to 208 home ssociated frastructur d private a • public open sp Document otential imp s to land use patibility, ae t tics/light glare, tr portation/c' lation, air qu , noise, earth ources, drain • /hydrology, • logical resour , cultural res ces and pu se es and utilit' luates nine ernatives to th riginally-pro sed 208 unit • oject. (02pcm0910) •0 ! • - - City of Huntington Beach Planning Department STAFF REPORT HOWINGTON BEACH; TO: Planning Commission FROM: Howard Zelefsky, Director of Plannin BY: Paul Da Veiga, Associate Plann DATE: September 10, 2002 SUBJECT: CONDITIONAL USE PERMIT NO. 02-11 (Praise Christian Church) APPLICANT: Derek Anunciation, 17610 Beach Boulevard#52A, Huntington Beach, CA 92648 PROPERTY OWNER: Ron Brindle, 18851 Goldenwest Street, Huntington Beach, CA 92647 LOCATION: 18851 Goldenwest(West side of Goldenwest Street, north of Garfield Avenue) STATEMENT OF ISSUE: • Conditional Use Permit No. 02-11 request: - To establish religious assembly within a 2,840 square foot room within an existing 21,800 square foot nursery warehouse building. - Joint use parking based on divergent hours of operation. - Site improvements include addition of 19 parking spaces on a separate but contiguous parcel at the northeast portion of subject site. • Staff s Recommendation: Approve Conditional Use Permit No. 02-11 based upon the following: General Plan goals, objectives, and policies encouraging establishment of religious uses that support the needs of existing and future Huntington Beach residents where they are compatible with adjacent uses The facility will fulfill social, educational and community needs of existing and future residents of Huntington Beach - Soundproofing of the interior of the building will reduce potential noise impacts to adjacent residential properties. - Divergent hours of operation between the existing nursery use and proposed church allow for joint use parking. RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 02-11 with findings and suggested conditions of approval (Attachment No.1)." LUTIACHIMENT NO. 4�-L- r Y BDDAIaI •� 1 NOW low wac�sp ♦ SLUM PROJECT +�' . TAUUM SITE ►Y�W,# MAW 01 nn r yy s N 111� ICI Hil lll�� !mm rtrm � mm�mi�i Erllllll III 111111111111- r W HHH H nryH ryt Ililllll I IIII1111111 � •♦TEAR[► aum N lff nMMTOR t I��1ajd 7•v7 -. VICINITY MAP Conditional Use Permit No. 02-11 18851 Goldenwest Street THE CITY OF HUNTING TON BEA�V A0H.M ENT N0. 4 ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 02-11 with findings for denial." B. "Continue Conditional Use Permit No. 02-11 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 02-11 represents a request for the following: A. To establish religious assembly within a 2,840 square foot room within an existing 21,800 square foot nursery warehouse building pursuant to III.A.c.2 of the Ellis-Goldenwest Specific Plan. B. Joint use parking based on divergent hours of operation of uses pursuant to Section 231.06 of the Huntington Beach Zoning and Subdivision Ordinance. C. Site improvements include addition of 19 parking spaces on a separate but contiguous parcel at the northeast portion of subject site. Praise Christian Church is currently operating temporarily at the subject site pending approval of the conditional use permit. The proposed site and building are currently leased from the property owner on Sunday mornings at 8 a.m. to 1 p.m., and Sunday evenings from 5 p.m. to 8 p.m. Services are also proposed on Wednesday evenings from 6 p.m. to 9 p.m. The existing use (American Landscape) is closed on Sundays and is open until 5 p.m. on weekdays, thereby accommodating the proposed church hours of operation and allowing for the joint use of on-site parking. Parking for the church will be provided on adjacent parcels and will serve the needs of the existing nursery operation and the proposed use. In conjunction with the religious assembly use, a Sunday school classroom is proposed to provide for youth ministry instruction a maximum of five hours per day and 12 hours per week. The application includes site improvements resulting in the addition of 19 parking spaces at the northeast portion of the subject site. The existing building is currently utilized as a warehouse for an on-site nursery operation. The applicant is proposing to renovate the interior of a portion of the existing warehouse structure to accommodate religious assembly services with a maximum occupancy of 200 persons. Minor site improvements-including the addition of 19 parking spaces and landscaping modifications are also proposed as part of the entitlement application. ATTACHMENT NO. PC Staff Report—9/10/02 -3- (02sr35 CUP 02-11) •• •s ISSUES: Subject Property And Surrounding Land Use,Zoning And General Plan Designations: l CATION ro GENERAL PLAN "ZONING= LANDU SE, Subject Property: RL-3.0-sp (Residential SP-7 (Ellis-Goldenwest Commercial Low Density-specific Specific Plan) plan)- North of Subject RL-3.0-sp (Residential SP-7 (Ellis-Goldenwest Horse Stables Property Low Density-specific Specific Plan) plan) South, and West of RL-3.0-sp (Residential SP-7 (Ellis-Goldenwest Residential/ Single Subject Property: Low Density-specific Specific Plan) Family Homes plan) East of Subject IG (Industrial General) I-F2-d-sp (Industrial-FAR Industrial Property: .50-design overaly-specific plan overlay) General Plan Conformance: The General Plan Land Use Map designation on the subject property is RL-3.0-sp (Residential Low Density-specific plan). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: A. Land Use Element LU4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. L U 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. L U 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety,human service, cultural, educational, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of PC Staff Report-9/10/02 4- ATTACHMENT NO. �_2,2,65 CUP 02-11) Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. Zoning Compliance: This project is located in the SP-7 (Ellis-Goldenwest Specific Plan), within an existing warehouse building and complies with the requirements of that zone based on the legal non-conforming status of the existing structure. The structure is non-conforming based on the existing front yard setback, which is 10 feet from the front property line. Based on the legal non-conforming status of the subject building, the location of the building is allowed to remain since no expansion of the building is proposed pursuant to Section 236.06 of the Huntington Beach Zoning and Subdivision Ordinance. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure with negligible or no expansion of use beyond that previously existing on the project site. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns: The Departments of Public Works and Fire recommended conditions that are incorporated into the conditions of approval. The Police Department has no concerns. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on August 29, 2002, and notices were sent to tenants and property owners of record within a 300 ft. radius of the subject property, individuals/organizations requesting notification(Planning Department's Notification Matrix), applicant, and interested parties. As of September 5, 2002, no communication supporting or opposing the request has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Conditional Use Permit: July, 30 2002 September 30, 2002 ATTACHMENT Nu. - PC Staff Report—9/10/02 -5- (02sr35 CUP 02-11) ANALYSIS: The primary issue to be considered by the Planning Commission when analyzing the use of a portion of the existing commercial building as a religious assembly facility is land use compatibility and the proposal for joint use of parking. Land Use Compatibility In analyzing the issue of compatibility, the proximity of the existing building to adjacent uses needs to be evaluated. The existing building is setback 25 feet from the southerly(interior side)property line, 1®ft. from the easterly(front)property line, 78 feet from the westerly(rear)property line, and 62 feet from the northerly(interior side)property line. A 6 ft. high concrete block wall exists along the southerly property line and buffers the adjacent residences from the subject building on the project site. The existing six-foot block wall and 25-foot setback provides adequate separation from the adjacent single-family homes to the south and should provide the necessary buffer to reduce any potential impacts from the church operation. The applicant has indicated that Sunday mass services will be restricted to two services and religious instruction will be provided on-site during the Sunday services for congregation members only. Currently, Wednesday evening is the only weekday proposed for church services. It is anticipated that youth ministry meetings may occur during the week in the future after 5 p.m. Typically, assembly uses have the potential to increase noise levels based on the gathering of people partaking in various activities. In order to address the potential impacts related to noise, staff has included a condition that requires soundproofing of the building area used for assembly to minimize noise impacts to the single-family residences south of the subject site. An additional condition will require the church to close any and all doors and/or openings on the south elevation of the building area used for assembly during all activities. Staff believes that the subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The church will provide a good transition between the low-density residential uses to the south of the property and the existing commercial operation on the subject site. Any requests for expansion of use will require an entitlement plan amendment to the original conditional use permit. Staff is in support of the request to .allow a religious assembly use on the subject site based on the limited hours of operation, separation from the adjacent residential property, and the condition requiring soundproofing of the room used for assembly purposes. Parking Parking on the subject site shall be provided based on the parking code requirement for the religious assembly use and the public display area for the existing nursery operation. The assembly area is approximately 1,600 square feet, resulting in a parking requirement of 46 spaces. The public display area within the existing nursery is approximately 43,000 square feet resulting in a parking requirement of 43 spaces. ATTACHMENT NO. PC Staff Report-9/10/02 -6- (02sr35 CUP 02-11) 90 0• The CUP application includes a request to allow joint use parking on the subject property based on the divergent hours of operation for the nursery use and proposed church use. The proposed joint use of parking is in compliance with Section 231.06 of the Huntington Beach Zoning and Subdivision Ordinance, which requires the following: 1. The maximum distance between the building or use and the nearest point of the parking spaces shall be 250; and i 2. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel; and 3. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. The nursery operates Tuesday through Saturday between the hours of 8:30 a.m. and 4:30 p.m. The applicant proposes worship services for the church on Sunday mornings from 8 a.m. to 1 p.m. and evenings from 5 p.m. to 8 p.m. Services are also proposed on Wednesday evenings from 6 p.m. to 9 p.m. According to the proposed hours of operation of the church and existing hours of operation for the nursery,there will be no overlapping in the operation of the two uses. Therefore,the parking needs for each use can be satisfied by the proposed 46 parking spaces to be provided on-site. The following matrix provides the required and proposed parking for the subject site: PARKING MATRIX Proposed/Existing Proposed/Existing Use Parking Required Parking Provided Hours of Operation Nursery lspace per 1,000 sq. ft. of public 46 spaces Tues.—Sat. display area 8:30 a.m.to 4:30 p.m. 43,000/1,000=43 spaces Church 1 space per 35 sq. ft. of assembly area 46 spaces Sun. 8 a.m.— 1p.m. 1600 sq. ft./35=46 spaces 5 p.m.—8 p.m. Wed. 6 p.m.—9 p.m. Total Parking 89 total spaces required 46 spaces* *CUP request for joint use parking Staff is in support of the request for joint use parking based on the divergent parking needs as indicated in the matrix above, and the limited number of services proposed by the church. Two of the three worship services are on a Sunday in which the nursery is closed for the entire day. The other service is proposed on Wednesday after closing hours of the nursery operation. A limited parking need will be generated by the proposed religious instruction which will amount to approximately 12 hours per week, and after 5 p.m. Based on the proposed operation described in the narrative and proposed-number of parking spaces, staff does not anticipate adverse impacts to the existing supply of parking. ATTAcHMENT NO. PC Staff Report—9/10/02 -7- (02sr35 CUP 02-11) •• •• ATTACHMENTS: 1. Suggested Findings and Conditions of Approval—Conditional Use Permit No. 02-11 2. Site Plan, Floor Plans and Elevations dated July 2, 2002 3. Narrative dated March 19, 2002 SH:HF:PD:rl -ATT CHMENT NO. PC Staff Report—9/10/02 -8- (02sr35 CUP 02-11) ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-11 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: 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, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure with negligible or no expansion of use beyond that previously existing on the project site. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-11: 1. Conditional Use Permit No. 02-11 for the establishment,maintenance and operation of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot landscape warehouse building, including joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed religious assembly use will be located in an existing building with adequate separation to adjacent residential properties and soundproofing of the building will reduce potential noise impacts generated by the religious assembly use. 2. The conditional use permit will be compatible with surrounding uses. The subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The church will provide a good transition between the existing on-site commercial use and lower intensity residential uses. The proposed religious assembly use will be compatible with the existing on-site nursery operation and surrounding uses based on divergent parking needs, the limited number of services proposed by the church, and adequate separation from adjacent residential properties. 3. The proposed religious assembly facility 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. In addition, any specific condition required for the proposed use in the Ellis-Goldenwest Specific Plan zoning district. With the addition of 19 parking spaces,the project site will accommodate a total of 46 parking spaces, which accommodates the joint use of parking facilities by both uses based on their divergent hours of operation. ATTACIAMENT (02sr35 CUP 02-11) .41" 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 CG(Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L U 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. L U 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. L U 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative,public safety,human service, cultural, educational,religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where-they are compatible with adjacent uses and.subject to City review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. SUGGESTED CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-11: 1. The site plan, floor plans and elevations received and dated July, 2 2002 shall be the conceptually approved layout with the following modifications: a. The site plan and floor plans shall indicate the maximum seating capacity for the assembly area. b. The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002. c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) (0205 CUP 02-11) ATTACHMENT NO. r D • e. . 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. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) f. 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) g. 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. h. If outdoor lighting is included, 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. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits,the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or (02sr35 CUP 02-11) ATTACHMENT NO. �d rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) b. All applicable Public Works fees shall be paid. (PW ) c. Fire access roads shall be provided in compliance with City Specification#401. (FD) d. Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval,plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) - g. For Fire Department approval,food preparation fire protection system plans shall be submitted to the.Building Department as separate plans for permits. (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) i. All Fire Department requirements shall be noted on the Building plans. (FD) 4. During demolition, grading, site development, and/or construction,the following shall be adhered to: a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. (02sr35 CUP 02-11) f. 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/grading activity. 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. b. The subject suite shall be soundproofed, or the applicant shall provide proof of compliance that noise levels will not exceed 55 db(A) at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel,-and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially utilize as determined by the Public Works Department. If the applicant utilizes the existing service served from on-site private well, the existing domestic water service shall be abandoned per Water Division standards. (PW) d. If a separate irrigation water service and meter is required, it 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. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW) f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) h. Service roads and fire lanes, as determined by the Fire Department, shall be posted, marked, and maintained to comply with City Specification No. 415. Additionally, the site plan shall depict all fire lanes. 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. (FD) i. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half(I- 1/2) inches. (FD) j. 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) (02sr35 CUP 02-11) AT k. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning& Subdivision Ordinance. I. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. in. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. 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. 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 7. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel. (Code Requirement) 8. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (Code Requirement) 9. All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area. 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-11 shall not become effective until the ten(10)calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-11 shall become null and void unless exercised within one year of the date of final approval, which is September 10, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. (02sr35 CUP 02-11) TTAC"O" ENT N 0. �f` .. . 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-11, 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. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. An encroachment fee shall be required for all work within the City's right-of-way. 8. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. Standard landscape code requirements apply(Chapter 323 of the HBZSO). 10. 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. 11. 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. 12, A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (0205 CUP 02-11) / ATTACHMENT NCo ��. h 6 9�B T BET CENTER) PROPERTY LINE 211 6 _.r._._._._.-._._._._.-._.-._._.-._._.-. ............ - - - - - - i j MIN. U I Q NEW PARKING 21 CARS,25 v I 6XI5TING,46 IN TOTAL j INCWDING(2)HANDICAPPED EXISTING I j AMERICAN LANDS-'APR SUPPLY MI 1 25'HIGH 18851 GOLDENWEST STREET TREE 1 HUNTINGTON BEACH,CA, C. al nl PLANTING ARRAS 25 BETWUN PARKING °I HIGH I AND 5108WALK(TYP.) I �I I � I 2m'NIGH PUBLIC DISPLAY AREA I TREE j 43�mm 6!•. °1 � LESS OIL WELL 400 81•. NET AREA 43,000 SP. ° j TOTAL CARSt 43 REQ'D. PROVIDED: 44 � I EXISTING 30' TO 60'HIGH r ° j HIG 1-28'HIG PALM T ._.-.-._.........................---- CILW9-L .-._._._.-.-._.-. - TREE 8- 'HIGH y j I TRt 8'HIGH TRIN/Bu8Ht38 WROU614T IRON PENCE 'I I F - EXISTING RECIPROCAL ° Li j PARKING TR'H IGH i bJ I � j ALL OTHCIR VEGETATION ON PROPERTY PART OP AMERICAN LANDSCAPE SUPPLY i N C4 OIL W13LI w i j LANDSCAPE SALES OPPICE Z MALE M16TROOM P.L. I Ld •-•-•........... -•-•-•-•- 11 PIMA IXIST .4JRNITUME 016PLA - I HAND) APPED TLT. ACCRISIBLAI I O ACCESSIBLQ ROUTE OF TRAVELIm'89 i .OP TRdVHL_T_.__..__.-.__-._. ..! I �.-. DeO4PED I � EXISTING FT.WIDE ASPHALT DRIVEWAY(YARD) _.L. -.-. -._._._._._._.-.-.-.-.-•-•- EXISTING .-•- -•- - ----- io i PROPOSED SUNDAY SCHOOL A3 PROPERTY LINE J EXISTIN bNON-DISPLAY F-T PROPO"D BANCTU�RY A3 I 45 1T�- ATTACIH'MENTNGA• (� sE . -,4,Cl a-m x e-a WNIDOW n�eLICING ` (TYP) DOOR rTYP) /NNWDOOR 'J-m X 6-B I I • EXISTING,NON-DISPLAY AREA eNa,T„�, (F2) * ENTIRE BUILDING TIRE IB'NIGH - EW BPIRIPGr.LEW PL4TEPORM N DOOR D THROUGfIOUT / am PIRE NOTES AU SHEET. 6-m x PROPOSED CONFERENCE / NEW STEEL STUD WITH ROOM (AX / 6iBX DRTWALL ON ONE BIDE TYPE v N CONSTRUCTION LEeB 200 OCCUPANCY 44 PARKING SPACES 'm 35 / Z/Z 52 FT. PER CAR PROPOSED SUNDAY SCHOOL OLD Doom TO (AW LESS THAN 5 HOURS PE DooR NEW DOOR DE GaIALMD O� DAY AND 12 HMO. PER WE 3-0 x 6-6Km-m�x e-a• Do-8 • NEW DOOR 3-0 X 6 1 � L. O 4::).R2-. yt-x ►Id I � ARCHITECT JOSEEPH COLOMBO. INC. AIA March 19, 2002 Paul DaVeiga, Project Planner City of Huntington Beach . 2000 Main Street Huntington Beach, CA 92648 �--- Re: Narrative of Proposed Activities: Praise Christian Center This letter is for your request identified occ pancy for Praise Christian Center At 18851 Goldenwest Street. The propose site and building is leased form Mr. Ron Brindle, 18851 Goldenwest Street each week on Sunday mornings 8 a.m. To 1 p.m., and Sunday evenings 5 p.m. to 8 p.m. Services are also held on Wednesday evenings 6 p.m. to 9 p.m. after working operations of the existing on-site landscape nursery. The Landscape nursery is also closed on Sunday, thereby accommodating the reciprocal use parking on-site: At the ratio of 35 sq. ft. of seatable area, Chapel space requires 45 cars on-site. The Church and property owner will present a reciprocal parking document as 'conditional of approval' The enclosed plans identify the Chapel space, classroom and parking. It is anticipated that in the near future the Church may secure additional property from Mr. Brindle to provide a future permanent Church on the adjoining nursery site. Thank you for your kind consideration. Sincerely, Ar it ct ose �Ombo �� JC IT l�Ll?IT:9 r`C IBC A17Cp :'> > inn r•.In Tl ICTIP.I A\/F G .i.:,t`J TA %:PJA ("AI IF(-1RfJIA Q':7(1,� io 1al 5ti 7-i77: FH.X ( ';-�i) O RCA R UTING SHEET INITIATING DEPARTMENT: Planning SUBJECT: Appeal of CUP No. 02=11 Praise Christian Church COUNCIL MEETING DATE: November 6, 2002— ----J ATTACHIENTS STATUS T Ordinance (w/exhibits & legislative-draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Attached Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached _ . _EXPLANATION FOR MISSING ATTACHMENTS .. REVIEWED RETURNED FORWARDED Administrative Staff Assistant City Administrator Initial City Administrator Initial aim City Clerk per/ �,EXPLANAT _ FOR.RETURN OF ITEM 42 Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:PD:kjl Connie Brockway, City Clerk City of Huntington Beach 's c�, Office.of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 --� ti 110'-212-16. IN6Tp�, © I� *1JT-TDY AYiPp;.;C �O �•wp.„fo B�9 675 CHESM I SI' ASHLAND OR 97520 i LEGAL NOTICE-��PUWC�}� : ING City of Huntington Beach Connie Brockway, CityClerk Office of the City Clerk FM P.O. Box 190 ;�,.11 , si , Huntington Beach, CA.92648 vv159-451-09 WATSON & G RSH RICHARDS a 333 S HOPE ST FL'38 LOS. ANGELE CA -90071 f IN6Tp�,�� co f � �NTY LEGAL NOTICE - PUBLIC HEARING d, i�71. 1 �X+p.T>r�,—'t�+l�i C1 ���� r� „}a t IIII T I 1,11 II 11 1 111tt1 1 If III 1 11 Illil 1 �1 irl, f • r�: r , o h y 4. � LL MEETING DATE: November 6, 2002 DEPARTMENT SUBJECT: REQUESTING: Planning Appeal of CUP No. 02-11 (Praise Christian Church) 'Planning Appeal of EPA No. 02-04 (Old World Separte Occupancy) TODAY'S DATE October 17, 2002 VERIFIED BY ADMININSTRATION. �. APPROVED BY: --%�'�. Ray Silver City Administrator 10/17/2002 9:51 AM • FAX FROM: CONNIE BROCKWA Y, CITY CLERK J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P O Box 19012000 Main Street . Huntington Beach, CA 92648 HUNTINGTON BEACH (714) 536-5227 (714) 374-1557 FAX Fax #: 949+646-5008 Date: 0 a Number of Pages (including cover page): By: IM4 JL,2eputy City Clerk To: IN 5RNET ADDRESS: H.B. Independent http://www.ci.huntington-beach.ca.us Mike (Legals) OR http://www.hbsurfcity.com/clerk Phone: 949+574-4251 Remarks: 11 Urgent For your review Reply ASAP Please comment =eryour request 1 , c Up 1V 0., o A0 - 1 � r 0. 69 - 0 � P C21-1 L 97Forms/tax t • CITY COUNCILlREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: Arng.4j e w!ea .►.J DEP TNLENT: Ifi t�l►.l I MEETII�IG DATE: t CO ACT: PHONE: x NL )MS- `� Is the notice attached? Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,day aad time of the public bearing correct? ( ) ( ( ) If anappeal,is the appellant's name included in the notice? i ( ( ) ( ) If Coastal Development Permit,does the notice include appeal language? ( ( ) ( ) Is there'an Environmental Status to be approved by Council? ( ) ( ) ( Is a map attached for publication? r ( ) ( ) ( Is a larger ad required? Size ( ) • ( ) (+� Is the verification statement attached indicating the source and accuracy of the mailing list? f Are the a licant's name and address art of the mailing labels? applicants P 8 Are the appellanes name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the mailing labels? i ( ( ) O If Coastal Development Peraut,are the resident labels attached? Is-the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: 's 1. Minimum days from publication to hearing date tgP ha.� 2. Number of times to be published 3. Number of days between publications 21 FL'DI.IC HE iRING NOURCATIO\CHEC-nTST"• 2002` . G:Labels�Labe;s�.Fubii•_:t:;:•:gig P larr-Lzg Din = L'c. Gar.'Rather=•:,rd,S_osn_.. _..== - \� '�e Y -•- - ._.- __ Cir:Or Fou_nt .?^pie- / Ci Eie_ea .r c:: Dist. - - / dry =+= l^.G :'25 11)_0(. 5,1 tar Ace. =51 Crai_:r L=_ G� rrCi.�r Dr-e Fountain Valle'-,C 92 08 r H4 cin_gton ie:.c ,17- 921.4� � Li�i_�: ..�)_v v i PlanniagDirector =_ lei Buehaaaa / Cam— —ire/r tares Cie.of Wesminster a'Cir-EIeme:=7 School Dist. , Gerald Li o=zr. 200 6G"estrninster Blvd. / 20- 1 Craimer Lane 6-��-_��Izire Circle \ es tirinster,CA 92683 Huntington Beach,C 92G48 ;..r fington Beach CA 9:5 Pl gDirector 23 James ones 30 HB Hamptons HC)A 3; City f Seal Beach Ocean, tew Elementary- Ke*:stone Pacific Prop-ivlaagmt.Inc. 211 light St. School District 16845 Von K=an Avenue,Suite 200 Seat Beach, CA 90740 17200 P- ehurst Lane Irv-ine,CA 92606 • Huntin . on Beach CA 92647 Califoui a Coastal Commission 24 Jon 1/L Archibald 31 •illy Graham 38 TheresaIenry 1Uestmuis�er School District eadowlark Area South Coast Area O ee 14121 Ced. vood Avenue 561 Gelding Circle 200 Oceangate, 10 Floor Westininste CA 92683 Huntins on Beach,CA 92649 Long Beac ,CA 9*7 02-4302 California ast Commission 24 Patricia Koch 3? Clieryda Browning 38 South Coast a Office HB Union High Scho Disrict Mead whisk Area 200 Oceangat Oth Floor 10251 Yorktown Aveeyy ue 16-71 oosevelt Lane Long Beach,C 92802-4302 Huntington Beac ,C1t192646 Huntin on Beach,CA 92649 Robert Josep 25 CSA 33 Hearthsidae Homes 39 Caltrarts Dis 'ct 12` 730 El Cainmo ay 200 6 Eaecutiv�e Circle,Suite 250 3337 Mich on Drive,Suite 38O Tustin, CA 92G Irvine,CA 2614 Irvine,CA 2612-1699 Director ` 26 Goldenwest ollege 34 Bolsa Chica L d rust 40 Local So d Waste Eaf, Atta:Fred C�weas Nancy Donov O.C.He th Care Agen 15744 GoI nwestSt 4831 Los,Patos P.O.Bo-355 Huacingtoi Beach CA 92647 Huntington Be ;CA 92649 Santa_ a,CA.92702 -- New rowth Coordinator 27 CC Co ry Harbors,Beach 35 Bolsa Chica aad Trust 40 Hunti.ngron Beach Post Office and Pj� Dept , Evan Hetu�President 67"11'�VaruerAve. _ P.O.Bdx 4048 \ 1812 Portliffia Place\ Hua gton Beach,CA 9264• Santa a,CA 92702-�40-18 ` Newport Beach,CA 92G60 arc Ec1;er 28 HundLgton Beach Mall 36.. Fountain Valler Elementarc School Dist Army Pat Rogers-Laude 171210 Oak Street 7777 Edinger Ave.T300 Ed DeMeulle, Chairperson FouamLa Valley Ck 92708 Huntington Beach Ck 92u.=7 SEHBNA 94.41 AM Circle Bolsa Chica Load Trust 40 Himtinston Beach. CA 92646 i3901 Wante'r Avenue,=103 t Huntington Beach CA 92649-4639 159-411-16 • 159-411-17 &,159-411-18 JUNG-CHOU CHANG HOWARD T YATA MWMA.RVASH KEYVANAZPR 18721 JOCKEY CIR 18731 JOCKEY CIR 9594 NIGHTINGALE AVE HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 FOUNTAIN VALLEY C 92708 159-411-19 159-411-20 159-411-21 JAMES J CHRISTIANO DAVID R & CP.NDACE MELIN PATRICK B ROCHE 18752 JOCKEY CIR 18742 . JOCKEY CIR 11254 JAMAICA ST HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648_ CYPRESS CA 90630 159-411-22 159-411-23 159-411-24 CARL T HARTMAN RAYMOND C WANG JERRY H PABBRUWEE 18722 JOCKEY CIR 18712 JOCKEY CIR 18702 JOCKEY CIR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-411-25 159-411-28 159-412-01 ROBERT W ARMSTRONG ELLIS-CENTRAL PARK #9 H DWAYNE FUHRMAN 18692 JOCKEY CIR 123 AGATE AVE B 17756 SAMPSON LN -HUNTINGTON BEACH 92648 NEWPORT BEACH CA 92662 HUNTINGTON BEACH 92647 159-412-03 159-451-01 CENTRAL P_ZLRK #9 SIAVOSH & ANNA TALMOOD 505 PARK AVE 6755 LIVINGSTON DR NEWPORT BEACH CA 92662 HUNTINGTON BEACH 92648 159-451-02 159-451-03. 159-451-04 STANLEY L WEATHERLY CHARLES A ADAIR SADDEK R & NAHED GIRGIS 6771 LIVINGSTON DR 6785 LIVINGSTON DR 6805 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-05 159-451-06 159-451-07 FRANK R LEWIS MICHAEL W MARSHALL CHIH-SHENG LIU 6821 LIVINGSTON DR 6841 LIVINGSTON DR_ 6855 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-08 159-451-09 159-451-10 TAM M NGUYEN WATSON & GERSH RICHARDS FRANK D ANDRUS 6871 LIVINGSTON DR 333 S HOPE ST FL38 . 6915 LIVINGSTON DR }iUNTINGTON BEACH 92648 LOS ANGELES CA 90071 HUNTINGTON BEACH 92648 159-451-11 159-451-12 159-451-13 DAVID A BASOK MYUNG H & SEEUN CHO JOHN RIMLINGER 6925 LIVINGSTON DR 6945 LIVINGSTON DR 6961 LIVINGSTON DR KUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 L59-451-14 159-451-15 159-451-16 ALFRED J & JOAN WISEMAN WILLIAM WOLFORD JUAN A & JEANNE ESCOBAR (0971 LIVINGSTON DR 6981 LIVINGSTON DR 6991 LIVINGSTON DR RUNTINGTON BEACH 926•18 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 Jahn TheMas � � /�eu�G r-f- �G'ccG1J PC:BLIC HEARING 3N;OTIFICATION CHECiZIST`B" INLAILING LABELS—April 10,2002 G:L.abels%Labels\Aablic Hearing President ; �, Huntington Harbor POA j 10 H.B. Chamber of Commerce ` �, P. O.Box 791 \ 2100 Main Street, Suite 200 j \Sunset Beach, CA 90742 \Hunrrington Beach,CA 9264F Jo Woollect 2 William D.Holman Yi S'ue Johnson fir! 16 Orang��County Assoc,of Realtors PLC j 19671 Quiet Bay Lane 1 25552 La-, az Road' 19 Corporate Plaza Drive � Huntington Beach, CA 92648 Laguna Hills,CA 92653 N eIT Beach CA 92660-7912 PresidenA3Bol 3 14rZanic L Edna Littlebury 17 Amigosa Chica New V�ban West Gldn St.Ntob,Hm. Owners Leag. 16531 �olsa Chica�Streec,Suite 312 520 Broadway Ste.100 11021 Magnolia Blvd. Huntington Beach,CA 92649 Santa Monica,CA 90401 Garden Grove,CA.92642 unset Beach Conunungy Assoc.4 Pres.,H: .Hist.Society 13 Pacific Coast Archaeological 18 Pat Thies President C/O Ne land House useum Societ} Inc. PO Box 215 19820 Be Bch Blvd. P.O.B?x 10926 / Sunset Beach,CA 90742-0215� Huntington Beach, 926448 — Costa 11fesa,CA 92627 Attn:Jane Gothold 1 President 5 Community Se 'ces Dept. 14 Huntington Beach Tomorrow Chairperson Tom.eta �cws 19 PO Box 865 Historical Resources Bd. Huntington Beach,CA 92648 OC Ping,-- Dev Services Dcpt P.O..Box.. 48 S.uirt.Ana, 92702-4048 Julie Vandermost 6 Council on 19 is 1 BIA-OC 1706 Orang Ave. 9 Executive Circle#100 Huntinr Bea h,CA 92648 Irvine Ca 92714-6734 Vickv on 1 chard Spicer 7 Jeff Nletzel 16 O.C.Pu •c Facilhies&Res Dept S G Seac4ff OA P.O.Box-k148 818 est 7th,12th oor 19391 St ady Harbor ircle S:uita:1,1'ia,CA 927 2-4848 Los geles,CA 0017 Hund ton Beach, 92648 E.T.I. Corr 00 8 John oe 16 Mary Bell/ Seacl ff HOA 20292 Eastwoo Cir. 19342 Surfdale Lane Huntington Beac ,CA 9264G Huntington Beach,CA 9 648 Lou 12annone 1G Planning Dir. 1 20 Seacliff HOA , City of Costa Afesa j19821 Ocean Bluff Circle n` P`. O.Box 1200 ; AHendcner `Huntington Beach CA 92648 ` Costa Mesa,CA 92628-L00 iromtalChairman",, Board / 3452 Grace Circle r Huntington Beach,CA 92646 `' 159-451-17 159-451-18 159-451-19 DEAN C & GINA GILBERT •WILLIAM E EDWARD `DAVID A & EMA MILAtiOSKI 18916 SILVERBIT LN. 18926 SILVERBIT IN 18936 SILVERBIT LN HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-3-9 159-451-40 159-451-41 EDWARD C LEWIS SALSBERG YOLANDA WILLIAM C COLE 18925 YORK LN 18915 YORK LN 6796 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-42 159-451-43 159-451-44 ERIC TRUONG JERRY A & DIANA KLETT RICHARD S HANKI 6816 LIVINGSTON DR 6832 LIVINGSTON DR 6852 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-45 159-451-46 3-59-451-47 CHI-SHUANG LIU MIKE & SANDY MASON DENNIS R & DONNA LOREN 6866 LIVINGSTON DR 6882 LIVINGSTON DR 6902 LIVINGST.ON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-48 159-451-49 159-451-50 GENCAGA ALIYAZICIOGLU DONALD M & RUANN GELB MINH C & DUNG DO 6916 LIVINGSTON DR 6932 LIVINGSTON DR 6952 LIVINGSTON DR . HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-51 . -• 159-451-52 159-451-53 JONATHAN. 0 HARRIS JOHN L MAURER COLLEEN M WILS.ON . 18921 SILVERBIT LN 18925 SILVERBIT LN 18941 SILVERBIT LN HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-54 159-451-55 159-451-56 JOHN A THOMAS . STEVEN C & DARA DRAEGER M C & REBECA CHRISTY 6951 TURF DR 6931 TURF DR 6915 TURF DR 1UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 L59-451-57 159-451-58 159-451-59 .MARVIN F BLASKI DAVID P & LINDA WHEELER CHIEN W & SUSAN HSU 6901 TURF DR 6881 TURF DR" 6865 TURF DR �IUNTINGTON BEACH 92648 HUNTINGTON BEACH 928.48 HUNTINGTON BEACH 92648. 159-451-60 159-451-61 159-451-62 P.ICHARD J FOSMIRE JUN C LIU RANDY L RUMMEL 6851 TURF DR 6831 TURF DR 6815 TURF DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 9264.8 ►�i21VK- �.b.l u tit GtG�i o►� 159-451-63 159-451-64 JONATH_AN T NGUYEN HB HAMPTONS HOMEOWNERS 095 TURF DR 333 S HOPE ST FL38 NUNTINGTON BEACH 92648 LOS ANGELES CA 90071 110-211-01 • 110-211-03 110-211-06 YOUSEF T GHODOOSHIM THOMAS C DUBAP, WEIR OIL CO 320 CROWN DR 1619 E SPRING ST 401 20TH ST A LOS ANGELES CA 90049 LONG BEACH CA 90806 HUNTINGTON BEACH: 92648 110-211-09 _ 110-212-01 110-212-02 MIKE PEREZ ANTOINETTE C VAN BUSKIR CECIL J FOLMAR 2230 FLORIDA 745 CALLE DE LOS AMIGOS 230 HOSPITAL CIR PHOENIX AZ 85.028 SANTA BARBARA CA 93105 . WESTMINSTER CA 92683 110-212-06 110-212-18 110-213-02 RONALD I BRINDLE JUDY AMARK LOREN S BATES 18851 GOLDENWEST ST 675 CHESTNUT ST 18761 CAPENSE ST HUNTINGTON BEACH 92648 ASHLAND OR 97520 FOUNTAIN VALLEY C 92708 110-213-03 110-213-04 110-213-12 KENNETH V BEER DWAYNE FUHRMAN RONALD P BORGHETTI 2207 E 302ND S 17971 CYPRESS ST 10208 DISNEY CIR -SALT LAKE CITY UT 84109 FOUNTAIN VALLEY C 92708 HUNTINGTON BEACH 92646 110-220-02 110-221-05 110-222-20 PTNRS SEACLIFF CITY OF HUNTINGTON BEAC JAMES C & YUE TSAI 18851 GOLDENWEST ST 2000 MAIN ST PO BOX 9947 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 FOUNTAIN VALLEY C 92728 110-2 2-26 11:0-229-01 111-120-01 RON D RG E TYTI GLADYS C BEALO S & C OIL CO INC 10 08 D7 E C 475 N MIDWAY DR 142 4952 WARNER AVE 223 NG ON E CH 92646 ESCONDIDO CA 92027 HUNTINGTON BEACH 92649 111-120-06 111-120-27 111-391-04 LINDA L THOMAS TRAVIS B MITCHELL HOWARD A COVERT 5741 PIMLICO CIR COSTA MESA CA 7072 FOXBORO CIR iUNTINGTON BEACH 92648 COSTAMESA CA 92626 HUNTINGTON BEACH 92648 Lll-391-05 111-391-06 111-391-07 6AWRENCE C YANG JASON & JOANNA CAO R G HAAS 7062 FOXBORO CIR 7052. FOXBORO .CIR 7042 FOXBORO CIR KUNTINGTON BEACH 92648 HUNTINGTON BEACH . 92648 HUNTINGTON BEACH 92648 111-391-08 111-391-09 111-391-10 VALERIANO, N SORIANO MICHAEL JOHNSON JAMES L SHERLOCK 7032 FOXBORO CIR 7031 FOXBORO CIR 7037 FOXBORO CIR WUNTINGTON BEACH 92648 HUNTINGTON BEACH _92648 HUNTINGTON BEACH 92648 111-391-72 159-411-14 159-411-15 SHERWOOD NEIGHBORHOOD A GELSO DISPALATRO JAMES D & R RYE 4100 NEWPORT PL 350 18691 JOCKEY CIR 18711 JOCKEY CIR NEWPORT BEACH CA 92660 HUNTINGTON BEACH 926=_8 HUNTINGTON BEACH 92648 �r 1 Connie.Brockway, City.Clerk City of Huntington Beach Office of the City Clerk. P.O. Box 190 Huntington Beach, CA 92648 - .r.M' �J ! '0 .'y •'Y .fit •. ��,•�_'� r.'''!.1�. :,.y+� ' �VNSIN6Tpy � f : 11 0_212-01 - BUSKi MIGOS C.2 - - s 145 C_ALLB Dom, 93105 : _ SAyTA BAR-SAR& CA ca NTr LEGAL NOTICE- PUBLIC 13 Z is, �-I zly 11,I,,,,I►I,lI, ,I„II„I,II,,,,,Jihl„II„J,l„II,,,,,I,ll i sm i Connie Brockway, City Clerk City of Huntington Beach , y Office of the City Clerk ' ~', t c,�,ti.. t...l 1. '( ,:.�, �� t•,,14 , P.O. Box 190 `- Huntington Beach, CA 92648 oz NOV coo? o IN6T�y Dwz FUh- e 0 17971 CYPRPSS ST 4 FOtINTAN .V , :TY , n LEGAL Nip IT- PUBLIC HEARING •S ( Illllilflll ' Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk V l` P.O. Box 190 Huntington Beach,CA 92648 `.;�;� '`• NC (Axe �-b 159-411-21 OCCUPANT INGTpy�� 1-8732 JOCKEY CIR ku`VTINGTON BEACH 92658 . • Z (7/� 7,�•'IfN.►p ••\� �� FIT r r- ��� - 'r _ i�..._x� _ _ _ - -.. .. . „-=--L NOTICE- PUBLIC HEARING "��� If�l .L,1J1, I„II.,I,1111M.M.„1.1,.11,,,,,1,11 ^d Pia c Connie Brockway, City Clerk P q �� U.S.POSTAL s-.,i•:acf: ti P M ,4 r'°L City of Huntington Beach t ro �, �'.l . � °D Ctlf'.:-•-+�--�- Office of the City Clerk P.O. Box 190 i,='f (!L, ,:: a'(>�:• �,�,';::;�.;.:• Huntington Beach, CA 9.2ti48 - c--RETuR1Y TO SEEKBER MT.DEL IVERAVLE' -QS �It A . •L1• //•• ��ll 3i SA ii .•. ., � '•o,�yC A�.1 ..•. PNOEMIX, qZ £OCR FS] 11;-07. 07:36. �NSIM6Tp pU�� 110-21Z-09 � MrKE. PEREz t 2230 FLORTDA PHOENIX. AZ 85028 cppNTY Ga LEGAL NOTICE-,PUBLIC HEAR& .I ..:��::::= :':'.::�`r::�:..`�•�`'�-`�`�`',`:� �;' !! I 11 ll I (! 1 !!' II! 1 II I I II III hli Connie.Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 rYv �,,t ,!� !.,or Huntington Beach, CA 92648 rp"pok �e°177--�i/ ELL I S- PARK -#9 H 123 AGATE B NTIN6 NEWPORT BEACH CA 92662 �VTp�, L l ` � �' o it lost p�NNTV LEGAL NOTICE-.PUBLIC HEARING 3'tEs6e.414i'•5 04 ��rjnrr�r�i��rn��rur�rlru��+�unnr�r�r�r�rrr�ilrrt�urf� s ,. Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 �l'� - Huntington'Beach, CA 92648. • �j - J� J l.J TO Inn ;p 'L•1L-U3 �Qf�eo 1 CENTRAL PARK #9 9'0 505 PARK AVE / NEWPORT BEACH CA 92662 �VMTINGTpy c��ppMTY LEGAL NOTICE- PUBLIC HEARING 1 1 1 t 'B't��s ti�1UryU p4 ti��uttlt�t�litt��eittltlttt�l{�trt�}��t��ttt��nt��i�t�t`rt� k + Connie Brockway, City Clerk t A �,r`. c -- City of Huntington Beach P A� ;k. ;a Office of the City Clerk - P.O. Box 190 J Huntington Beach, CA 92648 ~ a RFT+JPr ` .'W� :KNOWN • . .:::?RESS 0-213-03 ��V11 Tpy� ,, •,i EP. I ill�z s TTY UT 84109 Route #911 initi s s "pGNTY Ga LEGAL NOTICE- PUBLIC, - - - - HN 1'� tt' t i t it ttf t 'tt ! i ii fla.s�i94c�i''t`+ "1�- ` ii l t ti? :rl r,:.liiif:lii i:flri==it:1� Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. O. Box 190 .i,�.,,;..,, J,-' -1,,i.-.,p1�.G•i `�,;t:l�' . . :{ , Huntington Beach, CA 92648 DENNIS R & DONNA .LOREN 6902 LIVINGST.ON DR HtNTZNGTON BEACH 9264-8 INGCAP Tp�, _..-..-.. RETURN �' - - En i UP,h G"- -.1 9 —. 77 .,.�.runce - TY Ca TO SCt•dQ�R4� � . UN©WEP PUBLIC H i�NC II1.III,11I1LIII11tIl Jill III fill 1.111111i111II1tIIIIIIIIIIIfdill Connie Brockway, City Clerk City of Huntington Beach „'� `'T Office of the City Clerk P.O. Box 190 eke Huntington Beach, CA 92648 p ` �NNTIN6Tpy 3 91-.T2':: OOD SHERWOOD-' 1GRgOR'rI A= —j y �WrORT PL 350 NL 926 4100 60 . -_ -=- EWPOR I B LACH CA • 0 F �Irn f o ;o t; 11 GAL NOTICE.- PUBLIC HEARING r 11 . if 3g4 At4ibtsa �_L= Ili IIf lilt I1l1i'l111 lilt 1111� f, IIIlI fil,if1JEfll,rllilEll 4. Connie Brockway, City Clerk �'y �.4 � City of Huntington Beach w P M ',T 0 �\, Office of the City Clerk RIP.O. Box 190 Huntington Beach, CA 92648 1 HB Q,NS HOMEO�NEF S 333 S N PE °ST FL38 41IN6Tp�, LOS A.NG LES CA 90071 o =_—_ - NTI LEGAL NOTICE -gPUBLIC HEARING ! S 4YF 5�; t 77G ?���rQ�rY Glf� la l,', �` i'',y��1�It1,1�lIl'1111�11�'11�,1,''Illllt l�''�I rll��l l�l,�l'll'I 117111111� P� Connie'Brockway, City Clerk City of Huntington Beach '� ✓♦� - Office of the City Clerk P. Box 190 t Huntington Beach, CA 92648 INGTpy 142 472 02 OCCUPANT 15555 Huntington Village Ln113 Huntington Beach,CA 92647 ' r,F ' Xis" TOTSEt�OER _.__� RETUr,/G.,.: -1 LEGAL NOTICE- PUBL C HEAR(N P I ��"�"">~ �?31• .�J_.�i�"}' �'�II�i!lI�I�I�Ild 11111I1IIF��lI111I"�I�11��11Ili�ill�lilli�I�I• ' Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 ` r .;,.. i'=', Gi •_ ! :_,L �.,, S Huntington Beach, CA 92648 a INGTp�, 110-213-0 a LWAYNE FUHRMAN 1797.1 CYPRESS ST #S ri FOUNTAIN VALLEY C 9270�8 a vF E��;HN• ���` .: 1 yr-f•': .. ..,� M1' _ .. � �.�i .C.-t_r..l ....• �ppNTY ` LEGAL NOTI05- RGKI HEARING.;_ ,..•mow ...�.;.:_:•:,.:. . . , ! �� • I � III.�.li1, ,!?IESil3tifl,Iili • Connie Brockway, City Clerk City of Huntington Beach p ✓ �' W ' `t _;,� "' s Office of the City Clerk ?;r- i P.O. BOX 190 Huntington Beach, CA 92648 :;: aC IN 159-411-21 OCCUPANT �ppTINGTp�, 18732 JOCKEY CIR HUNTINGTON BEACH 92648 s �� �1ETURN •1T �.:;�-- �i�TUl;PI a' it Igoo i' To SENDER rr] NTr . LEGAL NOTICE- It 2. Connie Brockway, City Clerk ,.�. ....�:. r City of Huntington Beach f ,:�`� �•��'e __ Office of the City Clerk P.O. Box 190 ;5 ,..:(:_ t t )2. - Huntington Beach, CA 926Q t� 112-1 -391-7.2 SKERWOOD NEIGHBORHOOD A �phTINGTp�, 4=00 NEWrORT PL 350 0� ro+, d NEWPORT BEACH? CA 2 6 V �9� y 41 xpInIth AL1 TICE- Pl1RL HW, ING _ • - w�-�sv-3s� ._�.:�3y-- ►yte: �' '�'c�a4'�=t1T�-%'y (���iii�f���,I�i��i;t��ti����iiir�.����,t�ir��Yt��r�i���iiin�i��� p . • I Connie Brockway,.City Clerk City of Huntington Beach Office of the City Clerk sErunto C P.O. BOX 190 Huntington Beach CA92648 � �" E.ra,.� INGTpy� �O _ .ro..,,o F9 110- -18 c' 675. STNUTI ST • o —=--_ - AS ' OR 97520 Z �� +t $a. LEGAL NOTJQE- P1 ID _A -ockway, City Clerk "�_'` • y ..r�'`� luntington Beach )f the City Clerk _ _= D. Box 190 ; i Beach, CA 92648 FC%I Jz 159-451-64 = $` hB _HAMPTONS Hn � �. .� h'�;ERS 333 S HOP FL3:$ i1 NGTQ,y LOS -ALES CA 9 0 0 71 9 1TY Cp` LEGAL NOTICE- PUBLIG-JU4 ING �-• •,BF:� �, i�,i„",ti,i,ii,„i„Hi„�,�i,,;,,,iil,H,.II�,.�•H,!„il,�;,,t,ii 7nnie Brockway, City Clerk „ity of Huntington Beach Office of the City Clerk '' = Z ' % (.,i ;- ­P.O. Box 190 intington Beach, CA 92648 �i yam? lb/25. 111-1210-27 TRAVIS B MITCHELL SINGT COSTA MESA CA �VN Oy COSTA MESA CA 92626 - - . a �- 1 1 i?E T�J11A! U � Ir I Lnt! r = Is ,;liss. T0 5 E tj n r TO S E HID ER LEGA ` ``pU C HEAR] G II,L„�Lii,(I,�t1;,11,�1,11, �dII 1„CI,i;1tIr,11��„�l,ll: ockway, City Clerk ' 't luntington Beach )f the City Clerk �. Box 190 1 Beach, CA 92648 159-a12-01 Drv_AYNE r UHRMA.N 17756 SAMPSON LN ;zINGTQ HLZVT 1NTGTON BEACH 9 2.6^_7 g - - -ockway, City Clerk . iuntington Beach )f the City Clerk A�� 0. Box 190 u f i Beach, CA 92648 N /��O `�p t g A10 59-411-28 ELLI S:-CENT..RAL PARK #9 H 123 AGATE AVE B T I NGTp�, NEWPORT BEACH CA 92662 ;W NOR, LEGAL NOTICE- PU.BLL. ..AARING ,.tr.. .,�_�_ --------------------- ockway, City Clerk - iuntington Beacham M the City Clerk d o�ne.�c:ad-nror r Known O. BOX 190h'ot Delrve'abt naG1e 7o c e As Aac' 'ed `�,•yam., V rVurn:r;. :i Beach, CA 92648 O rnsurfc;ent .,`ward O Moved.LeR N d.ess .; = r - `I °- . t ❑UnGairy8d :1RAddreSS Return 'Urn, t t�vl.J �.�f (�'^ i—'L ��., u vostage Due 4_rr.=" wress� k.. 1_10-222-18 NE LIE A T Ey r' © � R PO 2 M0 P L CA ,TINGTpy �Z 'NTr ca LEGAL NOTICE- PUBLJ. WING_ . rockway, City Clerk t`-� �, ;-`,� iuntington Beach t, of the City Clerk J ;1 O. Box 190 n Beach, CA 92648 Y .i- - - a 159-451-47 DENNIS R & DONNA LOREN 6902 LIVINGSTOri DR INGTp HUNTZNGTON BEACH 92648 p�M1,�f C or rec�2 D C°�7� NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Wednesday, November 6, 2002, at 7:00 p.m. in the City Council Chambers, 2000.Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: 1. APPEAL OF THE PLANNING COMMISSION' C �TIONF APPROVAL OF CONDITIONAL USE PERMIT NO. 02-11 (P ISTIAN CHURCH): Appellant: Michael H. Leifer on behalf of Praise Christian Church and Derek Anunciation Request: Appeal of the conditions of approval as approved by the Planning Commission for Conditional Use Permit No. 02-11 to permit the establishment of a religious assembly use including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot landscape warehouse building. The request includes joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces on a separate but contiguous parcel located at the northeast portion of the site. Location: 18851 Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Project Planner: Paul Da Veiga 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ENTITLEMENT. PLAN AMENDMENT NO. 02-04 (OLD WORLD— SEPARATE OCCUPANCY, Appellant: James Burgard Request: Appeal of the Planning Commission's approval of Entitlement Plan Amendment No. 02-04 to amend Conditional Use Permit No. 75-24 to allow separate occupancy of first floor retail suites and second floor residential units in lieu of requiring the property owner or business owner to occupy both floors of each building. The request also includes no increase in additional parking based on a parking demand analysis. The proposed separate occupancy of second floor residential units requires 41 additional parking spaces pursuant to Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance. Location: 7561 Center Avenue (North side of Center Avenue, west of Huntington Village Way).Proiect Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 and Item No. 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday, November 1, 2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the (g\1ega1s\CCLGFRM2\02cc 1166) l qITY OF HUNTINGTON SEA MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER: CA 04-7 Council/Agency Meeting Held: O Deferred/Continued to: J Approved ❑ Conditionally Approved ❑ Denied Cit lerkXS e 07 i nat Council Meeting Date: April 5, 2004 Department ID Number: CA 04-7 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City IM inistrator W-e.P _ a PREPARED BY: JENNIFER MCGRA ity Attorney 9 HOWARD ZELEFSKY, Director of Planning G s' --Z) SUBJECT: Approve Entitlement Plan Amendment No. 04-01 ((AmendmenYtoc =- Conditional Use Permit No. 02-11 / Praise Christian Church) r} Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status1 W. ttac#ment(s) Statement of Issue: Whether or not to approve Entitlement Plan Amendment No. 04-01 Modification of Conditional Use Permit No. 02-11 for fees associated with the Holly-Seacliff Development Agreement. Location: 18851 Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Condition No. 13 of Conditional Use Permit No. 02-11 provides that a Holly-Seacliff Area of Benefit fee in the amount of $44,809.80 shall be paid in accordance with City Council Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street. Funding Source: Not applicable Recommended Action: Approve Entitlement Plan Amendment No. 04-01 (Amendment To Conditional Use Permit No. 02-11 / Praise Christian Church) modifying the requirement for payment of a Holly-Seacliff Area of Benefit fee. Alternative Action(s): Do not approve Entitlement Plan Amendment No.6'V O/ . a,o Analysis: On November 6, , the City Council sustained the decision of the Planning Commission and approved conditional use permit No. 02-11 for Praise Christian D / 04 praise -- 3/22/2004 12:31 PM I *QUEST FOR COUNCIL ACTON MEETING DATE: April 5, 2004 DEPARTMENT ID NUMBER: CA 04-7 Church located at 18851 Goldenwest Street. At the Council meeting City Council added condition #13, which reads as follows: 13. A Holly-Seacliff Area of Benefit fee in the amount of$44,809,80 shall be paid in accordance with City Council Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street." The purpose of Condition #13 was to provide the applicant with notice-that the Holly-Seacliff fee would be due upon issuance of building permits. Although the property owner (Ronald Brindle) was aware of the fee, it was unknown if he had informed his-tenant, Praise Christian Church, of the fee program. According to the site plan Praise Christian submitted with its CUP application, it will be using all three of Mr. Brindle's parcels, with the church in the warehouse located on the smallest parcel, and the other two .parcels being .used.for parking. Under Municipal Code Section 17.68.115(a)(3), the Holly-Seacliff fee is due upon issuance of a building permit for each individual parcel, if the building alterations exceed one-third of the value of the building, or if they affect a change of occupancy. Because the proposed church will be a change of occupancy, it triggers the fee for the first parcel. However, the only changes-shown on the site plan-to the other two parcels are for fences and walls associated with parking, which do not trigger the fee. To allow the condition of approval to be consistent with the"Municipal Code and to allow the applicant to only pay the fees required.by the Code, staff recommends that the City Council modify Condition #13 to read as follows: 13. A Holly-Seacliff Area of.Benefit fee.shall_ be paid.in accordance with Municipal Code Chapter 17.68 and City Council Resolution No. 2002-59 establishing the Holly- Seacliff Area of Benefit. Environmental Status: Categorically exempt pursuant to Class 1, Section 15302 of the California Environmental Quality Act - alterations to existing private structures in an already urbanized area. Attachment(sl: City Clerk's . . - Number No. Description 1 Excerpt of Minutes of City Council meeting of November 6, 2002 (pages 10-18 . RCA Author: JMP 04 praise 3/22/04 2:00 PM 02 ATTACHMENT NO . 1 (10) November 6, 2002 -Council/Agency Minutes - Page 10 A motion was made by Dettloff, second Boardman to review and accept the monthly report. Following review of the report, by motion of Council, accept the Monthly Investment Report Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for September 2002, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Green, Dettloff, Boardman, Cook, Houchen, Winchell, Bauer NOES: None ABSENT: None (City Council) Public Hearing Held - Denied Appeal Filed by Applicant - Praise Christian Church and Derek Annunciation of the Planning Commission's Conditions of Approval of Conditional Use Permit No. 02-11 — Praise Christian Church Located at 17851 Goldenwest Street(n/o of Garfield Avenue) Appeal Based on Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) -Sustained the Decision of the Planning Commission and Approved Conditional Use Permit No. 02-11 with Addition of Condition #13 Area of Benefit Fee as Set Forth in the Interdepartmental Communication Dated November 6, 2002 in the Late Communication Packet. (420.40) Mayor Cook recused herself from discussion stating that her residence is within 500 feet of the project. Mayor Pro Tern Boardman announced that this was the time scheduled for a public hearing to consider: Applicant/Appellant: Michael H. Leifer on behalf of Praise Christian Church and Derek Annunciation. Request: Appeal of the Planning Commission's Conditions of Approval of Conditional Use Permit No. 02-11 to permit the establishment of a religious assembly use including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot landscape warehouse building. The request includes joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces on a separate but contiguous parcel located at the northeast portion of the site. Location: 18851 Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Environmental Status: Notice is hereby given this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. Assistant Planner Paul Da Veiga reported from the PowerPoint presentation titled Item D-1 — Appeal of CUP No. 02-11 (Praise Christian Church— 18851 Goldenwest St.) which had been announced earlier by the City Clerk as a Late Communication. Mayor Pro Tern Boardman declared the public hearing open. Prior to announcing the public speakers, the City Clerk restated for the record the following Late Communications which pertain to this public hearing: • i (11) November 6, 2002 -Council/Agency Minutes - Page 11 Communication dated November 5, 2002, written by Erik W. Stanley, Esq. Of Liberty Counsel received November 6, 2002 from Applicant/Appellant Rev. Derek Anunciation, Pastor, Praise Christian Center. Communication dated November 6, 2002 from Howard Zelefsky, Director of Planning titled Item D-1 —Appeal of CUP No. 02-11 (Praise Christian Church— 18851 Goldenwest St.). Slide show presentation dated November 6, 2002 from the Planning Department titled Appeal of Conditional Use Permit No. 02-11 Praise Christian Church, 18851 Goldenwest St. Gerald Chapman informed Council that he is a resident of the Goldenwest Quarter section. He spoke in favor of approval of the project as it would be a good addition to the area. Dr. Chapman stated that the new use concern could trigger completion of the equestrian trail requirement on the property. Alan Armstrong stated his opposition to the approval of the application due to reasons of having an extended equestrian trail, and noise factors from an assembly. Dennis McCullough informed Council that he has been attending outdoor church services and that he believes the permit requirements are unfair. Mr. McCullough spoke regarding the noise factor and expressed his opinion that the building is safe for assembly use. Derek Annunciation applicant/appellant spoke relative to his appeal based on the Religious Land Use and Institutionalized Persons Act (RLUIPA). Pastor Annunciation stated how public schools are exempted and that he is requesting equal treatment. He stated the conditions suffered by the churchgoers including assembly in outdoor conditions. Michael D'Anglo objected to the conditions as set forth by the Conditional Use Permit on the grounds that it violated the 14'h Amendment and the Religious Land Use and Institutionalized Persons Act(RLUIPA). He stated his belief that the city cannot enforce a zoning ordinance which burdens religious practice. Mr. D'Anglo questioned how the building could be safe for 80 people for manufacturing use but not for 88 people for religious assembly. As there were no persons present to speak further on the matter and there were no further protests filed, either written or oral, Mayor Pro Tern Boardman declared the public hearing closed. Councilmember Green spoke regarding three earthquakes that he stated recently occurred in Italy and about a school built with shoddy construction. He stated he does not wish to cut back on public safety. Fire Chief Michael P. Dolder responded to Councilmember Green's inquiry regarding certain safety precautions and informed Council that schools are under State Code jurisdiction. Councilmember Dettloff continued deliberation on the safety matter and asked questions regarding fire hydrants. Fire Chief Dolder reported and stated the code requirement for Praise Christian Church is the same as for any other occupancy and that it is not being singled out. • • (12) November 6, 2002 -Council/Agency Minutes - Page 12 Discussion was held regarding the issue of the potential need for soundproofing. Assistant Planner Da Veiga answered questions as to if the Church were to expand its programs the effect there would be in relation to parking lot vehicle accommodations. Planning Director Howard Zelefsky responded to Council questions regarding when occupancy can take place, stating that this will occur once all apparatus as discussed have been installed. Councilmember Winchell intitiated discussion on the public speaker, Dr. Chapman's comments on the equestrian trails. Councilmember Winchell asked what would trigger completion. Assistant Planner Da Veiga reported that an extensive change of the exterior would trigger trail completion but it would not be required with the religious assembly use, which is limited used within the facility. Planning Director Zelefsky stated he sympathizes with Dr. Chapman's request but is not legally able to accommodate until sometime in the future when a residential use application could possibly trigger the change. Councilmember Houchen inquired regarding Fire exits, to which Fire Chief Dolder responded. Councilmember Winchell stated that it must be stressed that the Council has great concern relative to the safety issue aspect. A motion was made by Winchell, second Green to sustain the decision of the Planning Commission and approve Conditional Use Permit No. 02-11 with Findings and Conditions of Approval (Attachment No 1* immediately following this item after roll call vote in this set of minutes) and to add Condition #13 Area of Benefit Fee as set forth in the Interdepartmental Communication dated November 6, 2002 in the Late Communication packet: 13. A Holly-Seacliff Area of Benefit fee in the amount of$44,809,80 shall be paid in accordance with City Council Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street. (The suggested condition is a code requirement and reflects the fair share cost of roadway improvements in the Holly-Seacliff area assessed to properties which front an arterial roadway and are identified in Resolution No. 2002-59. The subject project is located on property comprised of three parcels fronting Goldenwest Street and are identified as Assessor's Parcel Nos. 110-220-02, 110-220-03, and 110-220-04. Payment of the fee is required prior to occupancy of the subject building.) The motion carried by the following roll call vote: AYES: Green, Dettloff, Boardman, Houchen, Winchell, Bauer NOES: None ABSENT: None ABSTAIN: Cook (13) November 6, 2002 -Council/Agency Minutes - Page 13 ATTACHMENT NO. 1" FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-11 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, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure with negligible or no expansion of use beyond that previously existing on the project site. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 02-11: 1. Conditional Use Permit No. 02-11 for the establishment, maintenance and operation of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot landscape warehouse building, including joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed religious assembly use will be located in an existing building with adequate separation to adjacent residential properties and soundproofing of the building will reduce potential noise impacts generated by the religious assembly use. 2. The conditional use permit will be compatible with surrounding uses. The subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The church will provide a good transition between the existing on-site commercial use and lower intensity residential uses. The proposed religious assembly use will be compatible with the existing on-site nursery operation and surrounding uses based on divergent parking needs, the limited number of services proposed by the church, and adequate separation from adjacent residential properties. 3. The proposed religious assembly facility 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. In addition, any specific condition required for the proposed use in the Ellis- Goldenwest Specific Plan zoning district. With the addition of 19 parking spaces, the project site will accommodate a total of 46 parking spaces, which accommodates the joint use of parking facilities by both uses based on their divergent hours of operation. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. (14) November 6, 2002 -Council/Agency Minutes - Page 14 LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety, human service, cultural, educational, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-11: 1. The site plan, floor plans and elevations received and dated July 2, 2002 shall be the conceptually approved layout with the following modifications: a. The site plan and floor plans shall indicate the maximum seating capacity for the assembly area. b. The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002. c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) e. 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. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) f. 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) • Fe; , NOTICE.OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 5, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on.the.following planning and zoning.items El 1. LOCAL COASTAL PROGRAM AMENDMENT NO.V1-01/ZONING TEXT AMENDMENT NO. 01-05 (HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN AMENDMENT): Applicant: Mike Adams Request: LCPA: To amend the City's Local Coastal Program in accordance with the proposed ZTA and forward to the California Coastal Commission for final certification. ZTA: To amend Specific Plan No. 4 (Huntington Harbour Bay Club Specific Plan) by: 1) Allowing residential use in Planning Area B; 2) Adding development standards for the future residential development in Planning Area B; 3) Reconfiguring Planning Areas A through D; and 4) Updating the overall format of the Specific Plan. Location: 4121-4281 Warner Avenue (North side of Warner Avenue, between Sceptre Lane and Edgewater Lane) _P_roiect Planner: Ricky Ramos b�2. ENTITLEMENT PLAN AMENDMENT N0. 04-01 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 02-11 / PRAISE CHRISTIAN CHURCH): Applicant: City of Huntington Beach Request: Modification of Conditional Use Permit No. 02'11 for fees associated with the Holly Seacliff Development Agreement. Location: 18851 Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Proiect Planner: Paul Da Veiiga NOTICE IS HEREBY GIVEN that Item No. 1 is covered by Mitigated Negative Declaration No. 01-06. NOTICE IS HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Local Coastal Program Amendment No. 01-01 filed on June 19, 2001, in conjunction with the above request. The LCPA will be forwarded to the California Coastal Commission if approved by the City Council. NOTICE IS HEREBY GIVEN that Item No. 2 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 1, 2004. (040405) ALL INTERESTEARSONS are invited to attend saidoaring and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above items. Direct your written communications to the.City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (040405) CITY COUNCIUREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: es.�L DEP TMEi'�'T: �115 F:J a..! 61 MEETING DATE: CO ACT: ILL p�4 �/'E� C� PHONE:f-t / YES WQ, ( ) (✓� ( ) Is the notice attached? ( ) (✓� ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) (►� ( ) Are the date,+day and time of the public hearing correct? ( ( ) ( ) If an appeal,is the appellant's name included in the notice? i i ( ( ) ( ) If Coastal Development Permit,does the notice include appeal language? i ( ) ( ) (✓� Is there an Environmental Status to be approved by Council? ( ) ( ) (✓�Is a map attached for publication? ( ) ( ) (vj"' Is a larger ad.required? Size • I ( ) ( ) (►� Is the verification statement attached indicating the source and accuracy of the mailing list? Are the applicant's name and address part of the mailing labels? (✓� ( ) ( ) Are the appellant's name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the malting labels? i ( ( ) ( ) If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept items only) Pleas complete the following: . 1. Minimum days from publication to hearing date 2. Number of times to be published 3. Number of days between publications wzez : 21 -4,6 D At :, .. Lj MEETING DATE: April 5, 2004 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Public Works 03/18/04 ENFORCEMENT OF CALIFORNIA VEHICLE CODE PROVISIONS ON PRIVATE STREETS IN THE PENINSULA AT HUNTINGTON SEACLIFF RESIDENTIAL COMMUNITY Planning 03/18/04 Local Coastal PlaneAmendment 01-01, ZTA 01-05, Huntington Harbour Bax Club Specific Plan Planning 03/18/04 Entitlement Plan Amendment No. 04-01 TODAY'S DATE March 18, 2004 VERIFIED BY ADMININSTRATION: APPROVED BY: Ray Silver City Administrator March 18,2004 2:56 PM W10965 aasel s eI SS9JPPV /AAb3AV 110-211-01 110-211-03 110-211-06 YOUSEF T GiiODOOSHIM THOMAS C DUBAR WEIR OIL CO 320 CROWN DR 1619 E SPRING ST 401 20TH ST P_ LOS ANGELES CA 90049 LONG BEACH CA 90806 HUNTINGTON BEAC- 926_ 110.=211-`0.:9 110 212 01: 110-.21 2.:-02 MIKE:` PERE.Z - .`` Ai�TTOIN�TTE C VAN $USKIR- CECIL J ::FOLMAD I . 2230.'FLORIDA 745 CALLS DE :LOS. .AMIGOS_ 230 HOSPITAL. C!R. PHOENIX AZ 85028 SANTA BARBARA CA 93105 WESTMINSTER CA 92683 110-212-06 110-212-18 110-213-02 RONALD I BRINDLE JUDY AMARK LOREN S BATES 18851 GOLDENWEST ST 675 CHESTNUT ST 18761 CAPENSE ST HUNTINGTON BEACH 92648 ASHLAND OR 97520 FOUNTAIN VALLEY C 9270E 110-213-03 110-213-04 110-213-12 KENNETH V BEER DWAYNE FUHRMAN RONALD P BORGHETTI 2207 E 302ND S 17971 - CYPRESS ST 10208 DISNEY CIR SALT LAKE CITY UT 84109 FOUNTAIN VALLEY C 92708 HUNTINGTON BEACH 92646 110-220-02 110-221-05 110-222-20 PTNRS SEACLIFF CITY OF HUNTINGTON BEAC JAMES C & YUE TSAI 18851 GOLDENWEST ;ST 2000 .MAIN ...ST . 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HUNG`INGTON: BEACH 92648 159-451-02 159-451-03 159-451-04 STANLEY L WEATHERLY CHARLES A ADAIR SADDEK R & NAHED GIRGIS 6771 LIVINGSTON DR 6785 LIVINGSTON DR 6805 LIVINGSTON DR 3UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 kti-NTINGTON BEACH 92648 159-451-05 159-451-06 159-451-07 FRANK R LEWIS MICHAEL W MARSHALL CHIN-SHENG LIU ; 5821 LIVINGSTON DR 6841 LIVINGSTON DR 6855 LIVINGSTON DR : 3UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 L.5951`-;08 159.=451:=09 159 451 10. CAM .M `NGUYEN WATSON ;& ::GERSH RI,CHARDS ; FRPSIK: D ANDRUS i871 LIVINGSTON DR 333 S HOPE ST FL38 6915 LIVINGSTON DR 1UNTINGTON BEACH 92648 LOS ANGELES CA 90071 HUNTINGTON BEACH 92648 .59-451-11 159-451-12 159-451-13 )AVID A BASOK MYUNG H & SEEUN CHO JOHN RIMLINGER ;925 LIVINGSTON DR 6945 LIVINGSTON DR 6961 LIVINGSTON DR [UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 .59-451-14 159-451-15 159-451-16 .LFRED J & JOAN WISEMAN WIL',IAM WOLFORD j: AN A & JEANNE ESCOBAR 971 LIVINGSTON DR 6981 LIVINGSTON DR 6991 LIVINGSTON DR :UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 ' 71-N_,=NGTON BEACH 92648 Praise Christian Church 4-5-04 0091S jol aleldwal ash Wlslaays paal 410ows wl aase1: gq1 !s Py GAU3AH 159-451-17 159-451-18 159-451-19 DEAN C & GINA GILBERT WILLIAM E rDWARD DAVID A & EMA MILANOSKI 18916 SILVERBIT LN 18926 SI •'v Ell LN 18936 SILVERBIT LN HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 9264S 159-.451-39 . ; 159-4.51.-40 159 451-41 :EDWARD C .-LEWIS. SALSBERG YOLANDA WILL IAM .C^ COLE 18925` PORK LN : 189"15 PORK:LN 6796 :.L,IVINGSTON -D1� HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-42 159-451-43 159-451-44 ERIC TRUONG JERRY A & DIANA KLETT RICHARD S HANKI 6816 LIVINGSTON DR 6832 LIVINGSTON DR 6852 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-45 159-451-46 159-451-47 CHI-SHUANG LIU MIKE & SANDY MASON DENNIS R & DONNA LOREN 6866 LIVINGSTON DR 6882 LIVINGSTON DR 6902 LIVINGSTON DR HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-48 159-451-49 159-451-50 GENCAGA ALIYAZICIOGLU DONALD M & RUANN GELB MINH C & DUNG DO 6916 _LIVINGSTON..DR . 693.2 LIVINGSTON DR -6952 LIVINGSTON DR. HUNTINGTON_ BEACH '92648 HtNT.INGTON BEACH: 9.2648 .` HLTIVTINGTON- BEACH 92648 159-451-51 159-451-52 159-451-53 JONATHAN 0 HARRIS JOHN L MAURER COLLEEN M WILSON 18921 SILVERBIT LN 18925 SILVERBIT LN 18941 SILVERBIT LN HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 159-451-54 159-451-55 159-451-56 7OHN A THOMAS STEVEN C & DARA DRAEGER M C & REBECA CHRISTY 5951 TURF DR 6931 TURF DR 6915 TURF DR 3UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 LS9-..451 57 `; 159-451.=58 1.59-451-59 .. :..4ARVIN. F BLASKL DAVID P & L NDA. WHEELER CHIEN` .W & SUSAN: HSU. 5901 TURF DR 6831 TURF DR 6865 TURF DR 1UNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 .59-451-60 159-451-61 159-451-62 ;ICHARD J FOSMIRE JUN C LIU RANDY L RUMMEL 8 51 TURF DR 6831 TURF DR, 6 815 TURF DR IUNTINGTON BEACH 92648 HUNTINGTON 37—ACH 92648 HUNTINGTON BEACH 92648 .59-451-63 159-451-64 'ONATH.kN T NGUYEN HE HAMPTONS OMEOWNERS 795 TURF DR 333 S HOPE ST FL38 - :UN':INGTON BEACH 92648 LOS ANGELES CA 90071 Praise Christian Church 4-5-04 009IS aol aleldwal ash w.Lslaa4S Paaj 410ows FL'BL�HEARt;\G\OTiilCATIO\CHECKLIST"B' • \LaILt\G LABELS— 1uIv 23.2002 G:Iabels'.abels`,Public Hearinz, President 1 runtingcor. Harbor PO_i 1i, H.B. Chamber of Commerce R O. Box 191 21{�0 Main Street,Suite 21�0 Su sec Beach.CA 90 i12 Huntington Beach. CA 92628 r l Be io�Z ooflett 2 \T Maur D. Holman 11 SLe iohnson 1 Ora County.kssoc. f Realtors PLC / 196:1 Quiet Ba. Lane 25552 L Paz koad / 19 Gotporate Plaza Drive Huntington beach,CA9'_5 ? Laguna F iXBols �Y_653 Ne tort Beach CA 2660-7912 ri 4 President 3 i�Ir.Tom Zanic % 12 Edna Littlebury -' 1 Amigos DChita i\'ew Urban �Y/est Gldri St. Mob. Hm.Owners Lei,,,;. 16531 Bps sa Chica\Strect.Suite 312 520 Broadway-Ste.400 11U'_1 Magnolia Bled. Huntii gron Beach,C. 92641 Santa Monica,CA 0401 Garden Grove,GA 92642 S nset Beach Community Alsoc. -4 Pres., B. Hist, Society 13 Pacific Coast Arch,ieological 18 at Thies, President C/O Ne`-land Hwuse Museum Societyr a J' /1'O Box 215 19820 Beach Bl�d. P.O. BoX 10926 f Sunset Beach,Cry 90742-0215 Huntingt In Be. h,CA 92648 Costa Me sa,CA 92617 % Attn:Jan$Gothold t 1 President :.:' 5- Commun Services:Dept r 14 Toni Matthews l M FfuntinSnon Bench Tomor-row Chiurpersor '. O C,.Ping e Dcv%1Sernccs Dcpt LSO Box 865 Historical:•R ources ad.. P.O.°Box-l0 8 Huntington Beach,CA 92648 Santa Ana,C�92702-�048 1 % Julie Muidermost G Council oe AgIng 15 Vickv Wilson 19 BIA-OC 1706 Orge Ai e. O.C. Public Facilities cC Res. Dept. 9 Executive Circle#100 Huntingt i Beach,CA 92648 P. O. Box 404� i Irvine Ca 92714-6734 Santa Ana,CA 92,702-4848 } iti and Spicer 7 Jeff Me 'el 16 t SC.k Seacli OA i 818 X7h 1?th Floor 19391 Sad Harbor Circle Los An90017 Huntington Beach,%CA 9.2648 E.T.I. 8 ohn Roe _ 1GMaryB Seacdff HOA2029? Cir. 19382 Surfdale LaneHuntinh,CA 92646 Hunt agton Beach,CAI 92648 Hendricker `� 9 Lou�fannone 1 16 Plannsrtg Dir. 20 •Eavironmental Board Chairman S en c U f:f HOA ': Cin-cc Costa Mesa //S1 Z Grace Circle 1,9821 Ocean Bluff Circle: P. O. Box 1200 Huntington Beach,CA 92646 Huntington Beach CA 926418 Costa Mesa, CA 926'-8-1-00 `. Praise Christian Church 4-5-04 PLuuIC HEARING NOTIFICATION CHECKLIST"b ALAILING LABELS-luly 23.2002 G:Libels\Labe!s\rnblic Nearing 1 Planaiag Dir. 21 t Dr. Gar;Rutherford,:upennteadeat 29 C -ia-zitrt-'%1e7.•Estates Cif*:of rountain "aU-- l^�B City Elementar:School Dist. C_ e Fhonas 1021iCi _larer Are. '.31 Crairn-r Large �� ='_T ro«=Drive Foun rain taller. C A 9_ 08 t ting*on Bear C.A 9 G'8 H: tsngtrn '-eachr��YC b . i �., Plantun2 Director (i 22 ierz Buchanan 29 C - ntrt-�- w Estate_r:C! Ci ti of�•estminster FIB City Elementar•School Dist. G�.ald,Chapman 830 �T%esaninster Blc d. 20-31 Craimer Lane ci-r2'Jhire Circle t\es inster, CA 92683 / Huntington Beach,CA 9_648 Huntington Beach CA 926-F8 ,• 1 !i f Planning•Director / 23 ►arnes, ones ;' 30 H3 I-Iamptons HOA 37 City of Seal Beach OC_an View Elementary I:erscone Pacific Prop. NIarigrnr. Inc. 211 Cig tt St. / School istrict 1� 16345 Von Karman Avcnuc,Suirc 2m) Seal Beac ,CA 90740 17200 Puiehurst Lane Ir.:ne, CA 92GOG Hundrigiori Beach CA 926.47 i California oastal Commission 24 Jon r%I. A'chibald � 31 ail.Graham 38 Theresa Heary j C(lestmins er School District &,Ic.idowlarl-Area I South Coasts ea Office 1.4121 Cedlarwootl Avenue 5161 Gelding Circle 200 Oceanga e, 1 th Floor Westminster CAa92G83 Man tington Beach,CA 92649 Long Beach. A 2802--4302 % 1't / C:tlrEoriva_Coa . Corn iiIssron 1-4 Patrrcia Koch :: 30 Ch ,:`te Brownrn� 38 South Coast Ae OE6ce' HB Union Hi h-.School Disrict IVf�:d©wlarl Are1 200 Oceang,,14 l th Floor 10251 Yorkto� n Avenue 16771'Roosevelt Lithe / Long Beach,LA �802-4302 Huntington Beach,CA 92646 Hundngton Beach,CAi926-49 \ /I-- - .` r Robert Jos ph 25 CSA 33 Hen:thsrde Homes 39 Caltnuis strict 12 730 El Camino y#200 6 E-;eeutivd Circle,Suite 250 3337 Mic elson Drive Suite 380 Tustin,CA192G80 Irvine,CA 9�6 Irvine, C 92612-1699 fj �/ Directo 26 GoldenwIstCoUege 34 Bolsa Chicwl,=d Trust 40 Local S lid Waste Enf.A Attn:Fre td Owens NancyDonovan i O.C. ealth G tre Agency 1574.4 Goldenwest St -48"'_ Los, atos \ . . _ P.O. �o x 35� Huntirig�on Beach Ct1 2G-47 Huaington Beach;Gt's _ Santa�na;.CA 9.27.02 9'64n N 27 OC CoLty Harbors,Beach 35 Boha diica Land Trust -40 New Growth Coordinator Huth tgton Beach Post Offide and Pariks Dept ' Ev- Henrv, President ' 17%.'amer Ave. ; P. O.Box 4048 1 181: Tort Tiffin Place H7tugton Beach.CA91-6 47} Santa kna, CA 9'_702--40 48 `ewp`ort Beach,CA 92660 1 j r Marc Ecker l 28 Huntington Beach \fall ' 36 Ed Ct'\Ieulle,Chairperson `�, 41 F, unm.in t:aUav Elemenrarr School Dist. ArmlPat Rogers-Laude SE^3NA 1'`210 Oak$freer 77-'Edinger_Are. :-?300 1 9Y=_ Ali.i Circle 1`ounttin A-allev CA 92708 Huntington Beach CA 9_64. . Hun"�gton Beach, C A 9_tiTG F.oka Chic; Land Trust �C Hum an,-0ti Beach CA 0—!o-,0-1o;0 Praise Christian Church 4-5-04 o963- Gasp} 110-221-11 110-221-13 110-222-05 OMAR KAHLE DOROTHY J WALKER KENNETH H HUBBS 18851 GOLDENWEST ST 18851 GOLDENWEST ST 8184 RAMA CT HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 SACRAMENTO CA 95829 110-222-13 110-222-18 Alliance Defense Fund . HAROLD C. MORlON NELL F E -A..TOWN LEY Robert H Tyler PO_BOX .1,097 R .:1; .PO. BOX 23 idgepark-Dr. , ,#.220 ..: . .. . . 23460 R _ : a Temecula. ...CA 92590 CARLSBAD 'CA. 92018 MONTAGE: CA. 9606_ *** 5 Printed *** Derek Anunciation Praise Christian Church 17610 Beach Blvd. , #52A Huntington Beach CA 92647 Praise Christian Church 4-5-04 @0915 ioj a;eidwat ash WlS1984S.Pa8J 410OWS Jj City of Huntington Beach P.O. Box 190-2000 Main Street Huntington Beach, California 92648 . HUNTINGTON.BEACH From the desk of: .'Liz Ehring, CIVIC :Assistant City Clerk :Telephone: (714) 536-5405,. . (714) 374 1557 _ : . lie, Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 •t U_ �. p� H n T �21 ify6r0y c OF HUNTINGTON BEAC �p�C _•�,•'0414,.0 2000 MAIN ST • _�-=s y HUNTINGTON BEACH 92648 x �� ::..LEGAL NOTICE- PU�L �RING,.r, tDI� �2r148 II isle doll lilt 1111IL if loll 1f • • Fes,, 31a NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, April 5, 2004, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a ublic heads on the following lannin and zonin items: P. 9 . 9 P 9 9 ❑ 1. LOCAL COASTAL PROGRAM AMENDMENT NO. 01-01/ZONING TEXT AMENDMENT NO. 01-05 (HUNTINGTON HARBOUR BAY CLUB SPECIFIC PLAN AMENDMENT): Applicant: Mike Adams Request: LCPA: To amend the City's Local Coastal Program in accordance with the proposed ZTA and forward to the California Coastal Commission for final certification. ZTA: To amend Specific Plan No. 4 (Huntington Harbour Bay Club Specific Plan) by: 1) Allowing residential use in Planning Area B; 2) Adding development standards for the future residential development in Planning Area B; 3) Reconfiguring Planning Areas A through D; and 4) Updating the overall format of the Specific Plan. Location: 4121-4281 Warner Avenue (North side of Warner Avenue, between Sceptre Lane and Edgewater Lane) Proiect Planner: Ricky Ramos k2. ENTITLEMENT PLAN AMENDMENT NO. 04-01 (AMENDMENT TO CONDITIONAL USE PERMIT NO. 02-11 1 PRAISE CHRISTIAN CHURCH): Applicant. City of Huntington Beach Request: Modification of Conditional Use Permit No 02-11:for fees associated .with the Holly- Seacliff Development Agreement. Location: 18851 Gold enwest Street (west side of Goldenwest Street, north of Garfield Avenue). Proiect Planner: Paul Da Veiga NOTICE IS HEREBY GIVEN that Item No. 1 is covered by Mitigated Negative Declaration No. 01-06. NOTICE IS HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Local Coastal Program Amendment No. 01-01 filed on June 19, 2001, in conjunction with the above request. The LCPA will be forwarded to the California.Coastal Commission if approved by.the. .. City Council. NOTICE IS HEREBY GIVEN that Item No. 2 is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Thursday, April 1, 2004. (040405) rV.0 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the.above items. Direct your written= communications.to the.City:Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (040405) Connie Brockway, City Clerk --- City of Huntington Beach ~ ' Office of the City CIe k r P.O. Box 190 Huntington Beach, CA 92648 .1 1—3 91-O 8 .Y^a• t a r t y rr-•r a r••t -r=ro-�y?. :,_•:'• i"—.r%y' TALERIANO N SORIANO IN6Tpy� 1032 FOXBORO C1R '.. i� �•.tA �0 �y fUNTINGTON BEACH 92648 s cpUNTV ca` LEGAL NOTICE - PUBLIC HEARING ��tllt�l��ll+,Eltl�+il�++I�I�+i Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk <� P.O. Box 190 , Huntington Beach, CA 92648 ..n. • Y p 111-391-06 INGTpy JASON & JOANNA 'CAO F 7052 FOXBORO CIR.HUNTINGTC..._.. V _ CA'O ;052 9264060 0 1AO2 14 '.03/27/04 _ FORt�JP1RD TIME EXP RTN TO SEND 9 .L. 20072 SAND DUNE LN 9 ` HUNTINGTON BEACH CA 92648-2644 �DUNTY �a LEGAL NOTICE - PU RING 91¢j' {I,,{����{�{41{��t{<<II,�I�I{,t,,,+III►1+.II++:{EIS+I{t:���I,II Connie Brockway, City Clerk - City of Huntington Beach Office of the City Clerk P.O. Box 190 ; Huntington Beach, CA 92648 VACAT{r - Ha SUCH:SIRliEI �-- fORWARDIW, -~RTC.' .. 110-2 1.1-0 9 Mn.ER yExTvrU.. IMGtpy �o DEFT no Auouce;; �`' MIKE PEREZ � •...-. 2 2230 FLORIDA :- PHOENIX AZ 85028 Owl& - S-77 NTr LEGAL NOTICE - PUBLIC HEARING Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 . a: Ur 110-213-03 92*61 f _-_=. -.;, _ KENNETH V BEER' INGTpy 2207 E 302ND S: SALT LAKE CITY .UT 84109 -o P NI -, fp � GAL NUT C -"F IC HEARING_ _ ! t r } £1 0 Z G'9�f� t A.-Ie 'E IjF�!!!?.1!FF�f!!lilitl!l1lii!!!!!!1�1 fill SIM- It!Iijl�??��!!?!!�!�� �.. Connie Brockway, City Clerk ,, ° m •,� City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 ..r .11-391-72 IN6Tpy -HERWOOD NEIGHBORHOOD A D �Q�c �•."°"ro'"fo ��9 100 NEWPORT PL: 350 y 'RWPnRT RP ACH CA 92660 j it Igo �ouNrr ca a LEGAL NOTICE=TS&M�ING, illl111111111111111lii!lllil,,l1!fIiili11111111111fillII111111 Connie Brockway, City Clerk City of Huntington Beach ; y' Office of the City Clerk P.O. Box 190 , Huntington Beach, CA 92648 15 412-03 INGTp CEN PAR -#9 . VVV 505 ARK • '° �'��, NEWP" ACH CA . . 92662 RUM, /_'``---- 7F° R► TURN I R ; gas. (� -- AUNTY if) lit, LEGAL NOTICE PUBLJ 126 li�l, I,i�li�rrir�Ii�J�ii�r�r�rili�i��iir��i�Lrlii���►irff Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 159-412-02 �NSIN6Tp JOHN THOMAS 505 PARK AVE 1 '` IVEWPORT BEACH CA . . 92662co � � � • N if "Y ;:;,LEGAL NOT�CFa PU . SING 1 1 Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190PWR� Huntington Beach, CA 92648 111-120-27 t INGTpy TRAVIS B MITCHEL.0 ro.,,,,e ��9 COSTA MESA CA • __ y COSTA MESA CA `92626 co ,LEGAL NOTICE _HkAIING .._.�--��._. ...._ _.. . �� .'.:,.'. ��r.-..... '+'s•—..�.'z,,,,�'--a:c".�3�.�wi��C'�.ris.i.^.�^";,,.+:�::.:+*•�'!�^�T_'_+1.�'^�,: i���� �"'��'OCWs...'.. Connie Brockway,City Clerk -- City of Huntington Beach .`', . :. • �,,`n �,�1' lid �, :�. Office of the City Clerk, P.O. Box 190 Huntington Beach, CA 92648 110-213-04 �ppXINGTp�, DWAYNE FUHRMAN O� =rcwro.„Eo d 17971 CYPRESS` ST —= 9y FOUNTAIN VALLEY C 92708 O�Z 04., RETIIRIr t RE' ��" ' _ �o LEGAL NOTICE U { T J. :�� r ;�;'`f F E U =: : ' qf�'t if,f�t��i,{,il,,,I„II„{,II,,,,,,{ll,l,►li,,,i,l„{{,�,,,i,{I Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 GE - 1-28 INGTQ, CENTRAL PARK #9 H ��• PON,*_ d�. v 123 AGATE AVE B NEWPORT BEACH CA, 92662 C.3 . , s RE TURN _ uNTr LEGAL NOTICE - WQAF NG t o s�t'����I; LEGAL ��� � � � Connie Brockway, City Clerk. City of Huntington Beach q. Office of the City Clerk R O. Box 190 Huntington Beach, CA 9264844 c ` 1� ZF .0 qop 110-212-18 INGTQ�, JUDY AMARK 675 CHESTNUT ST ASHLAND OR 97520 ' �QUNTr ca LEGAL N011 - C�.4or Connie Brockway, City Clerk , �- City of Huntington Beach; j� ... Office of the City Clerk �y P.O. Box 190 - Huntington Beach, CA 92648 saT 159-451- [.42 INGT0 r-.. ERIC TRUONG r _+�p1'0•�►E,`�e�,�� 6816 LIVINGSTON DR; y HUNTING ON BEACH: , 92 48 • 9 4 9 F� �1ooNT� a �� T LEGAL NOTICE - PUBLIC HARING 2614 Ssr.) : !i? } i?i: ? :: = i=!i ��, _? i, its:ei i?� ;.•j ii is ti i i ii: i f i : f u Connie Brockway, City Clerk - City of Huntington Beach 0J. Office of the City Clerk t1 t P.O. Box 190 Huntington Beach, CA 92648 " f 0Y159-451-45 ING CHI-SHUANG LIU O� �•�D"1014r d� 6866 LIVINGSTON .DR HUNTINGTON BEACH 92648 C-a .. 3 cp�NTY=ca LEGAL NOTICE - PUP 11 RING�i r'ry i.! i ii y (? ili 4i 1 ii S ii 1�5� Ilii??iilii?yI??i1i?!i??tlitl:?????1fiE1??1!?E?1?1??11?i??i!?i: f Connie City Brockway, Clerk �" "�• A City of Huntington Beach Office of the City Clerk P.O. Box 190 ` Huntington Beach CA 92648 159-451-19 �NTINGTp DAVID A & EMA: MILA,TOSKI �l' 18936 SILVERBIT LN_'fj°11°�„�o y HUNTINGTON BEACH 92548 • y L'O ==— - -':•zst�rzr•F�sc+e a:v�:a�s-r s8NEW Cppp y C. ,... ._. r �! T LEGAL NOTICE -.RU L� E�ARIN yi i?1?fii9????tiiiii?iIn. .h. in.t?i:ii Connie Brockway, City Clerk City of Huntington Beach t: Office of the City Clerk ` Y Y1: P.O. Box 190 Huntington Beach, CA 92648 A I 159 -451-18 INGTpy WILLIAM E EDWARD. `�a14 BF 18926 SILVERBIT. LN Ah. '�� HUNTINGTON BEAC"y�c-jg 2 6 a-8 17 aEq OTICE - PUBLIC HEART r ii? _ 3 '71 ! Fi ii 3 i 1 ti 't ?i i. .?fE�i r • FAX FROM: CONNIE BROCKWAY, CITY CLERK J J CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH • P.O. Box 19012000 Main Street Huntington Beach, CA 92648. HUNTINGTON BEACH (714) 536-5227 (714) 374-1557 FAX FAX #: DATE: \I- -0 Number of Pages (including cover page): By: Deputy City Clerk To: (� INTERNET ADDRESS: http://www.ci.huntington-beach.ca.us OR http://www.hbsurfcity.com/clerk Phone: ***HB INFOLINE: 714-374-4800 *** Remarks: EI Urgent For your review ❑❑ Reply ASAP Please comment ❑❑ Per your request glforms/Worms/fax.doc .ANSMISSION VERIFICATION REPORT TIME 12/04/2002 17:06 DATE DIME 12/04 17:05 FAX NO./NAME 98422900 DURATION 00:01: 15 PAGE(S) 02 RESULT OK MODE STANDARD i i l�» 4�^Ti" PRAISE�CIiRISTIAN-CENTER ' c nciation,Founder&( x he C rch That L ves -People" - $UNDAYS 10 30 AM "4 5=' `"k � ,• 18851 Goldenwest St. _ Huntington Beach,CA 92648 Ph.(714)596-3433 ._, ` '•. Mailing Address: t 17610 Beach Blvd.#52A Huntington Beach,CA 92647 Email Pastor@GospelcastZ. com - j PIZ 4AO- �6 CITY OF HUNTINGTON BEACH ' INTERDEPARTMENTAL COMMUNICATION - TO: Charles W. Burney Division Chief/Fire Marshal FROM: Connie Brockway City Clerk SUBJECT: Attached letter to Derek Anunciation DATE: October 22, 2002 Mr. Anunciation has inquired regarding the violation of Section 17.56.30 in your letter to him. A copy of your letter is attached. ,He.requested a copy of Section.17.56.. Our.current code does not contain Section 17.56.30 and Ordinance 3430 adopted on May 1.7,1999 deleted Section 17.56.030. A. copy of both the Chapter 17.56 and the Ordinance are attached. Any help you can give Mr. Anunciation will be appreciated. cc: Mike Dolder, Fire Chief City Attorney's Office ------------- Burney memo F1U 1 , i�CY :: %L: _..��,. CA / r7 7000 MAIN STR[ET CALIFORNIA 92648 CERTIFIED MAIL December 21, 2001 Praise Christian Center Derek..Anunipiation,-Pastor 17610 Beach Blvd. #52A Huntington Beach, CA 92647 0 =i 1 V _ RE: CEASE AND DESIST— PRAISE CHRISTIAN CENTER; 18851 GOL.DENWEST STREET, RD/GRID 319/3613 �- Dear Mr. Anunciation; On December 13, 2001, representatives from the City of.Huntington Beach conducted a multi department inspection at 18851 Goldenwest Street. As a result of that inspection, Fire Department Inspectors identified that the building does not meet Fire and Building Code requirements of an Assembly Occupancy. In addition, on October 12, 20D1, a Notice of Violation was issued by the Planning Department which required you to initiate the necessary approval process for your use of the occupancy. As adopted by local ordinance, all occupancies within the City of Huntington Beach must meet the conditions and requirements of the Huntington Beach Fire Code, Building and Mechanical code. In the interest of public safety, you are directed to immediately cease operations and obtain the proper permits and make ail required .modifications to ensure that the building meets current code standards. The following areas were noted as being in non-compliance: Huntington Beach Fire Code Section 106.8; Permits. A permit shall be obtained from the bureau of fire prevention prior to engaging in the following activities, operations; practices or functions, Section P-2/Places of Assembly. Huntington Beach Fire Code Section 1207.2; Exit Doors/Swing. Exit doors shall swing in the direction of the path of exit travel when serving any hazardous area or when the area served has an occupant load of 50 or more. The door shall swing to.the full-open position when an opening force not to exceed 30 pounds is applied to the latch side. Huntington Beach Fire Code Section 1212.2; Exit Signs Required. The path of exit travel to and within exits. ici a building shall be identified by exit signs conforming to the requirements of the Building Code. Exit signs shall be readily visible from any direction of approach. Exit signs shall be located as necessary to clearly indicate the: direction of egress travel. No point shall be more than 100 fc:rat tram the tviarest visible Ed Wbot7:O L ZOOZ ZZ .130 006ZZb8bI2_ : 'ON 3NOHd 631N33 NU l iS I NHD 3S I UNd : WONJ Praise Christian Center Derek Anuniciation, Pastor December 21, 2001 Page 2 Huntington Beach Fire Code Section 1212.4; illumination. Exit signs shall be internally or externally illuminated. When the. face of an exit sign is illuminated from an external source, it shall gave an intensity of not less than.5 foot candles (541x)from-either of two electric lamps. Internally illuminated signs shall provide equivalent luminance and be listed for the purpose. Exception: Approved self-luminous signs that provide evenly illuminated letters that have a Minimum luminance of 0.06 foot lambert(0.21 cdlrrt2). Huntington Beach Fire Code Section 1111.1; Fire Resistive Construction. Required fire—resistive construction, including occupancy separations, area separation walls, exterior walls due to location on property, fire-resistive requirements based on type of construction, draft-stop partitions and roof coverings shall be maintained as specified in the Budding Code and this Code and shall be properly repaired, restored or replaced when damaged. altered, . breached, penetrated, removed or improperly installed. Huntington Beach fire Code Section 2501.16.1,•.Posting of Room Capacity. Any room having an occupant load.of 50 or more inhere fixed seats are not installed and which is used for assembly purposes, shall have the capacity of the room posted in a conspicuous place on an approved sign near the main exit from the room. Such sign shall be maintained legible by the owner or the owner's authorized agent and shall indicate the number of occupants permitted for each room use. Huntington Beach Fire Code Section 8506.1; Extension Cords. Extension cords shall not be used as a substitute for permanent wiring. Huntington Beach Fire Code Section 8504; Electrical wiring, devices, appliances and other equipment which are modified or damaged and constitute an electrical shock or ;:re hazard sha)i not be used. Huntington Beach Building Code Section, 106.1 —Permits Required. Except as specified in Section 106.2 of this section, no building or structure regulated by this code shaii be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained front the building official. Huntington Beach Building Code Section 109; Certificate of Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of ti;is code or other ordinances of the jurisdiction shall not be valid. Ed WUTV:OT Z00Z ee 'Jo0 006M78PT2 : 'ON SNOHd 831N90 NdI1SIZIHO SSIUad : WO�JA Praise Christian Center Derek Anuniciation, Pastor December.21, 2001 Page 3 Continued noncompliance or failure to take immediate action to cease operations will result in the issuance of a citation pursuant to Huntington Beach Municipal Code Section 17.56.30"Any �- person who shall fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the Fire Chief or a duly authorized representative, or violates this code or the Municipal Code shall be guilty of a misdemeanor." This will require a mandatory appearance before a judge of the Orange County Municipal Court and maximum bail of $1,000 per day. Failure to act immediate will result in the post of a condemnation "red tag" which prohibits access to the.bwilding. You may consider this letter a Notice of Violation. Should you have further questions, you r-nay contact me in Fire Administration, 714-536-5411. Sincerely, Charles W. Burney Division Chief/Fire Marshal CWB/DM/ts cc: Ray Silver, City Administrator Michael P. Dolder, Fire Chief Howard Zelefsky, Planning Director Ross Cranmer, Building & Safety Director Mike Strange, Senior Planner Dan Madrigal, Deputy Fire Marshal/Programs Tony Smith, Fire Inspector Fiie bd WbTtb:OT Z00Z zz '}30 006zzvebTZ 'ON SNOHd a31NM NdIlSIaHO SSIUad WOaJ FROM PRAISE CHRISTIAN CENTER PHONE NO. 7148422900 Oct. 22 2002 10:40AN P1 h © h b ) l 1 i _ / 97a9 to 0 ;, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK December 5, 2002 Derek Annunciation, Pastor Praise Christian Church 17610 Beach Boulevard#52A Huntington Beach, CA 92647 Re: NOTICE OF FINAL ACTION Dear Pastor Annunciation: The City Council of the City of Huntington Beach at its regular meeting held Monday, November 6, 2002 took action on the following Public Hearing: To Consider Appeal Filed by Applicant— Praise Christian Church and Derek Annunciation of the' Planning Commission's Conditions of Approval of Conditional Use Permit No. 02-11 — Praise Christian Church located at 17851 Goldenwest Street (n/o of Garfield Avenue) Appeal Based on Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). The City Council upheld the Planning Commission decision and denied the appeal.. The Action . Agenda'and Findings for Denial are enclosed. The November 6, 2002 minutes of the denial of the appeal will be mailed to you following Council approval of the minutes. The City Council approved Conditional Use Permit No. 02-11 with conditions of approval and the addition of Condition No. 13 area of Benefit Fee as set forth in the Interdepartmental Communication dated November 6, 2002 in the Late Communication packet. THIS IS A FINAL DECISION. YOU ARE HEREBY NOTIFIED THAT PURSUANT TO PROVISIONS OF SECTION 1094.6 OF THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA YOU HAVE NINETY DAYS FROM THE DATE OF MAILING OF THIS NOTICE TO APPLY TO THE COURT FOR JUDICIAL REVIEW. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, Connie Brockway, CMC t/ City Clerk Enclosures: Code of Civil Procedure§1094.6 cc: Ray Silver,City Administrator Findings for Denial Jennifer McGrath, City Attorney 11/6/02 Action Agenda Pgs.6&7 Howard Zelefsky, Planning Director Paul DaVeiga,Assistant Planner Michael H Leifer,Attorney at Law Palmeri,Tyler,Wiener,Wilhelm&Waldron 2603 Main Street, East Tower—Suite 1300 Irvine,CA 92614-6228 9:/followup/appeal/90dayltrl.doc (Telephone:714-536-5227) - PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on December 5, 2002, 1 served the foregoing documents(s) described as: NOTICE OF FINAL ACTION on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Pastor Derek Annunciation Praise Christian Church 17610 Beach Boulevard #52A Huntington Beach, CA 92647 a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a,true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 5, 2002, at Huntington Beach, California. c>. U Deputy Cit Jerk g:/followup/appeal/!!proof of service lettedl.doc PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on December 5, 2002, 1 served the foregoing documents(s) described as: NOTICE OF FINAL ACTION on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: Michael H. Leifer, Attorney at Law Palmeri, Tyler, Wiener, Wilhelm &Waldron 2603 Main Street, East Tower— Suite 1300 Irvine, Ca 92614-6228 a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that, on motion of a party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on December 5, 2002, at Huntington Beach, California. Ohs S�� Deputy Cit lerk g:/followup/appeal/!!proof of service letter!!.doc Code of Civil Procedure § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code, or of any commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b)Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing,the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration,the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought;provided,that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail,postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision(a)of Section 1013 does not apply to extend the time,following deposit in the mail of the decision or findings,within which a petition shall be filed. (c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer,the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission,board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision(c)within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record,if he has one. (e)As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance. (f)In making a final decision as defined in subdivision(e),the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or employee who has been suspended, demoted or dismissed;a person whose permit, license,or other entitlement has been revoked or suspended,or whose application for a permit, license, or other-entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations,in which case the shorter statute of limitations shall apply. FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-11 FINDINGSFOR 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, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure with negligible or no expansion of use beyond that previously existing on the project site. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 02-11: 1. Conditional Use Permit No. 02-11 for the establishment, maintenance and operation of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot landscape warehouse building, including joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed religious assembly use will be located in an existing building with adequate separation to adjacent residential properties and soundproofing of the building will reduce potential noise impacts generated by the religious assembly use. ..2. The conditional use permit will be compatible with surrounding uses. The subject land use.is appropriate at the proposed location because the site-is easily:accessible by major-roadways.and anticipated traffic will not impact local residential streets. The church will provide a good transition between the existing on-site commercial use and lower intensity residential uses. The proposed religious assembly use will be compatible with the existing on-site nursery operation and surrounding uses based on divergent parking needs, the limited number of services proposed by the church, and adequate separation from adjacent residential properties. 3. The proposed religious assembly facility 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. In addition, any specific condition required for the proposed use in the Ellis-Goldenwest Specific Plan zoning district. With the addition of 19 parking spaces, the project site will accommodate a total of 46 parking spaces, which accommodates the joint use of parking facilities by both uses based on their divergent hours of operation. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. . (02c10910 CUP 02-11) Attachment 1.1 LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety, human service, cultural, educational, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.2: Allow for the.continuation of existing and development of new religious facilities in any .land use zone where they are compatible with adjacent uses and subject to City,review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-11: 1. The site plan, floor plans and elevations received and dated July 2, 2002 shall be the conceptually approved layout with the following modifications: i a. The site plan and floor plans shall indicate the maximum seating capacity for the assembly area. b. The plans shall be amended to relocate three parking spaces from the terminus of the drive i aisle to the southerly boundary.of the parking area continuing with 90-degree parking as modified.by staff on_parking layout dated August.30,2002: J c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. j d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) i e. 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. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) I f. 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) g. 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 - - (02d0910 CUP 02-11) Attachment 1.2 - compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. h. If outdoor lighting is included, 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. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220- 03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as.to form and content and,.when approVed,.'shall be recorded in the Office of the County Recorder prior to final.building permit approval. A.copy of the..recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain-in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. .(Code Requirement) b. All applicable Public Works fees shall be paid. (PW) c. Fire access roads shall be provided in compliance with City Specification#401. (FD) d. Fire hydrants 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. The Fire Department and Public Works Water Division will.work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) . e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) (02cI0g10 CUP 02-11) Attachment 1.3 g. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits. (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) . is All Fire Department requirement's shall',benoted on the'Building plans. (FD) == 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. 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/grading activity::. 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. b. The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing.service served from the on-site private well, the existing domestic water service shall be abandoned per.Water Division standards.(PW) d. If a separate irrigation water service and meter is required, it 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. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW) f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW)- ----- (02c10910 CUP 02-11) Attachment 1.4 g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) h. Service roads and fire lanes, as determined by the Fire Department, shall be posted, marked, and maintained to comply with City Specification No..415. Additionally, the site plan shall depict all fire lanes. 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:-(FD) i. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half(1- 1/2) inches. (FD) j. 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) k. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. I. The applicant shall obtain the necessary permits from the South Coast Air Quality Management .District and submit a copy to Planning Department. m. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. All building spoils, such as unusable llumber, wire, pipe, and other surplus or unusable material, shall be disposed.of at ari off--site facility equipped to handle them: - 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 7. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel. (Code Requirement) 8. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (Code Requirement) . 9. All doors.and windows along the,southerly elevation of the subject building area used.for assembly shall be closed during all services and events conducted within the subject area. 10.The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the - . Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. (02d0910 CUP 02-11) Attachment 1.5 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-11 shall not become effective until the ten (10) calendar day appeal period has elapsed. 2. Conditional Use Permit:No; 02-11 shall become null and void unless exercised within one year of the date of final approval, which is September 10;2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-11, 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. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. An encroachment fee shall be required for all work within the City's right-of-way. 8... The applicant shall submit.a.check in the amount of$43.00 for the posting of the Notice of:. Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. Standard landscape code requirements apply (Chapter 323 of the HBZSO). 10.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. 11.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. 12.A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (02d0910 CUP 02-11) Attachment 1.6 or ::. 0JJ CRY OF HUNTINGTO4 BEACFJ INTER-DEPARTMENT COMMUNICATION' COit- '. TO: Honorable Mayor and Members of the City.Council VIA: -Ray Silver,City Administrator iv D FROM: Howard Zelefsky,Director of Planning SUBJECT: Item D-1 -Appeal of CUP No. 02-11 (Praise Christian Church—18851 Goldenwest St.) DATE: November 6,2002 Planning staff recommends the following condition of approval be added to the suggested conditions of approval for CUP#02-11: Information of Specific Code Requirements: ADD-Condition of Approval No. 13 13. A Holly-Seacliff Area of Benefit fee in the amount of W,809.80 shall be paid in accordance with City Council Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street. The suggested condition is a code requirement and reflects the fair share cost of roadway improvements in the Holly-Seacliff area assessed to properties which front an arterial roadway and are identified in Resolution No. 2002-59. The subject project is located on property comprised of three parcels fronting Goldenwest Street and are identified as Assessor's Parcel Nos.110-220-02, 110-220-03, and 110-220-04. Payment of the fee is required prior to occupancy of the subject building. Mum (6) November 6, 2002 - Council/Agency Agenda - Page 6 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located.near the Speaker's Podium. D-1. (City Council) Public Hearinq to Consider Appeal Filed by Applicant-Praise Christian Church and Derek Annunciation of the Planning Commission's Conditions of Approval of Conditional Use Permit No. 02-11 = Praise Christian Church located at 17851 Goldenwest Street Wo of Garfield Avenue) Appeal Based on Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) Communication from the Planning Director. Public hearing to consider: Applicant/Appellant: Michael H. Leifer on behalf of Praise Christian Church and Derek Annunciation. Request: Appeal of the Planning Commission's conditions of approval of Conditional Use Permit No. 02-11 to permit the establishment of a religious assembly use-including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot landscape.warehouse building. The request includes joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces.on a separate but contiguous parcel located,at the northeast portion of the site:: Location: 18851 Goldenwest Street(west side of Goldenwest Street, north of Garfield Avenue). Environmental Status: Notice is hereby given this agenda item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office,2000 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at the City Clerk's Office on Friday,November 1,2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlines above. If you challenge the City.Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described In this notice;or in written correspondence delivered to the City at,or priorto,the public hearing. -If there are any further questions please call the Planning Department at(714)536-5271 and refer to the above items. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing (7) November 6, 2002 -Council/Agency Agenda - Page 7 Recommended Action: Motion to: Planning Commission and Staff Recommendation: Approve Conditional Use Permit No. 02-11 to permit the establishment of Praise Christian Church with findings and conditions of approval (ATTACHMENT NO. 1) Sustained the decision of the Planning.Commission and approved Conditional"Use PermitWo 0241 and addition_of Condition#1.3 Area of.. Benefit Fee as set forth in the-Interdepartmental Communication dated - 11-06-02 in the Late Communication packet. 6-0-0-1 (Cook abstain). D-2. itv Council Public Hearing to Consider Appeal Filed by James Bur and of the P nnlnq Commission's Approval of Entitlement Plan Amendment No. 02-04 Lqld Wo -Se arate Occupancy—Applicant Inge McKello 7561 Center Avenue w/o Hunt! ton Villa a Wa Communi tion from the Planning Director. Public hearin to consider: Applicant: Inge cKellop Appellant: James Bu ard. ` Reguest:.Appeal of the.'Pla ing Commission's approval of:Entitlement"Plan Amendment No.,02-04 to ame Conditional Use Perrhit.No. 75-24:to alfow'separate occupancy of first floor retail suite "and second floor residential units in lieu of requiring the property owner or business own to occupy both floors of each building. The request also includes no increase in a itional parking based on a parking demand. analysis. The proposed separate occup cy of second floor residential units requires 41 hap additional parking spaces pursuant to Cr 231 of the Huntington Beach Zoning and Subdivision Ordinance. Location: 7561 Center Avenue (north side of Cen r Avenue,west of Huntington Village Way). Environmental Status: Notice is hereby given that this a nda item is categorically exempt from the provisions of the.California Environmental Q lity Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office;20 Main Street,Huntington Beach,California 92648,for inspection by the public. A copy of the staff report wil a available to interested parties at the City Clerk's Office on Friday,November 1,2002. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or mit evidence for or against the application as outlines above. If you challenge the City Council's action in urt,you may be limited to raising only those issues you or someone else raised at the public hearing describ in this " notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there re any further questions please call the Planning Department at(714)536-5271 and refer to the above item . Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion - 3. Open public hearing ,f i� PROOF OF PUBLICATION STATE OF CALIFORNIA) SS. County of Orange ) NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF I am a Citizen of the United States and a THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Wednesday, resident of the County aforesaid; I am Novemberi6,2002, at 7:00 p.m. in the City Council Chambers,'2000 Main Street, Huntington Beach, over the age of eighteen years, and not a the City Council will hold a public hearing on the following planning and zoning items: party to Or interested in the belowAPPEAL OF THE PLANNING COMMISSION'S entitled matter. I am a principal clerk of CONDITIONS OF APPROVAL of CONDITIONAL USE PERMIT NO. 02-11 (PRAISE CHRISTIAN the HUNTINGTON BEACH INDEPENDENT a CHPr`ise ;Appellant: Michael H. Leifer u behalf . of'Praise Christian Church and Derek Anunciation� / Request: Appeal of the conditions of approval as, newspa per of general circulation, printed approved by the Planning Commission for. ' Conditional Use Permit No. 02-11 to permit the i and published in the City of Huntington Planning Commission for Conditional Use Permit, • No.02-11 to permit the establishment of a religious I ty of Orange, State Of assembly use including religious instruction within' Beach COL.In approximately 2,840 square feet of an existing 21,800 square foot landscape warehouse building. California, and that attached Notice is a . The request includes joint use parking based on true and complete copy as was printed divergent hours operation of uses and the l. addition of 19 parkrk ing spaces on a separate but' contiguous parcel located at the northeast portion and published in the Huntington Beach i, (we of the site. Location: 18851 Goldenwest Stree(west side of Goldenwest Street, north of Garfield, Avenue)bo Project Planner:Paul Da Veiga and- Fountain Valley Issues of said 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF ENTITLEMENT PLAN AMENDMENT newspaper to wit the issue(s) of: NO. .02-04 (OLD WORLD - SEPARATE OCCUPANCY): Appellant: Jame Request:' Appeal of the Planning Commission's approval of Entitlement Plan Amendment No. 02-04 to amend` Conditional Use Permit No.75-24 to allow separate' occupancy of fist floor retail suites and second floor residential units in lieu of requiring thei property owner or business owner to occupy both' floors of each building. The request also includes) October 24, 2002 no increase in additional parking based on a parking{ demand analysis.The proposed separate occupancy) of second floor residential units requires 41i additional parking spaces pursuant to Chapter 231 of the Huntington Beach Zoning and Subdivision, Ordinance'. Location: 7561 Center Avenue (North] declare, under penalty of perjury, that Way) Center Avenue, west o Huntington Village Wa Project Planner:Paul Da Vei a the foregoing is true and correct. NOTICE IS HEREBY GIVEN that Item No. 1 and � .Item No: 2 are categorically exempt from the, provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street', Huntington Beach, California 92648, for inspection Executed on October 24 2002 by the public. A copy of the staff report will.be at Costa Mesa, California. available ri interested parties at the City Clerk's Office on Friday,November 1,2002. . ALL INTERESTED PERSONS are invited to attend said hearing and express opinion's or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in- written' correspondence delivered to the City at, or prior i to, the public hearing. If there are any further questions please call the Planning Department at (714) 536-5271 and refer to the above items. . Direct your written communications to the City, Clerk. Signature Connie Brockway,City Clerk i City of Huntington Beach -2000 Main Street,2nd Floor Huntington Beach, .California 92648(714)536-5227 Published Huntington Beach Independent October 24,2002 102-203; I °�� CITY OF HUNTINGTON BEACIA Cz INTER-DEPARTMENT COMMUNICATION' C Gi_ �i_.. C- TO: Honorable Mayor and Members of the City Council o w = VIA: Ray Silver, City Administrator �v D FROM: Howard Zelefsky, Director of Planning SUBJECT: Item D-1 - Appeal of CUP No. 02-11 (Praise Christian Church—18851 Goldenwest St.) DATE: November 6, 2002 Planning staff recommends the following condition of approval be added to the suggested conditions of approval for CUP #02-11: Information of Specific Code Requirements: ADD - Condition of Approval No. 13 13. A Holly-Seacliff Area of Benefit fee in the amount of$44,809.80 shall be paid in accordance with City Council Resolution No. 2002-59 for fair share costs associated with roadway improvements along Goldenwest Street. The suggested condition is a code requirement and reflects the fair share cost of roadway improvements in the Holly-Seacliff area assessed to properties which front an arterial roadway and are identified in Resolution No. 2002-59. The subject project is located on property comprised of three parcels fronting Goldenwest Street and are identified as Assessor's Parcel Nos.110-220-02, 110-220-03, and 110-220-04. Payment of the fee is required prior to occupancy of the subject building. " J L OF CONDITIONAL USE IT No. 02- 1 ITT: DEREK ANUNCIATION NOVEMBER 6, 2002 IONAL�U,S)= P.E;RMIT LISH RELIGIOUS ASSEMBLY N 29840 SCE. FT. OF AN EXISTING O SCE. FT. BUILDING AY SERVICES . 8 A.M. TO 'I P.M. P.M. TO 8 P.M. ESDAY SERVICE . 6 P.M. TO 9 P.M. IOUS INSTRUCTION -- DAILY, AFTER USE LARKING ION OF 19 PARKING SPACES ' f6awcielz • Post Office Box 540774 h:tp:�www.iC.org Orlando, Florida 32854 liberty®Ic.org (407)875-2100 T eiephone (407)875-0770 Fax November 05, 2002 Rev. Derek Anunciation Pastor Praise Christian Center a 17610 Beach Blvd Ste 52A Huntington Beach, GA 92647 Cr Re: Conditional Use Permit Application 02-11 r t' Appeal to City Council o Dear Rev. Anunciation: This letter is concerning your appeal to the City Council of Huntington Beach from the decision of the Planning Commission approving your application for a Conditional Use Permit with conditions. We have followed this situation with great interest and appreciate this opportunity to write this letter in support of your appeal to remove the conditions from the approval of your Conditional Use Permit Application. There are two issues that are problematic forthe City related to the Conditional Use Permitting Process as well as the conditions placed on the church. The first issue relates to the Church being required to submit to a Conditional Use Permit Process at all. As we understand the situation, the public school located in the Ellis/GoldenWest Specific Plan was not required to submit to a Conditional Use Permit process. This was done under the past procedures before the Specific Plan was amended In August, 2002. However, your application was also filed before August, 2002, and so you should be treated equally with the public school,which is a public assembly type use. The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §2000cc-1, clearly mandates that the church be treated equally with other secular uses. Requiring the church to go through a conditional use process while not requiring other secular uses to undergo the same process clearly treats the church on less than equal terms and violates RLUIPA. The second issue relates to the conditions placed upon the appiication by the Planning Commission. The two conditions that are problematic from a constitutional and statutory perspective are the soundproofing and the automatic spdnklersystem conditions. The soundproofing is problematic because there is no justification for requiring expensive soundproofing equipment without any proof that the church Is violating any municipal ordinances related to sound. Additionally, I suspect that this condition has not been applied to similar uses in the district leading to the conclusion that this condition, iike the conditional use requirement, has been applied unequally to the church. The automatic sprinkler system requirement is even more problematic. RLUIP.A forbids the placement of a substantial burden on a religious institution without a compelling governmental interest. An automatic sprinkler system will cost the church several tens of thousands of dollars to empicy and the expense associated with the system clearly is a substantial burden upon the church. Additionally, every day that the church is unable to use the facilities for a church is a substantial burden because the church is being foreclosed from pursuing its mission, people are leaving the church because of the lack of facilities, other people are refusing to attend the church because of a lack of facilities and the financial burden placed on the church by this requirement is clearly substantial and is not .Justified. Additionally, according to the Uniform Fire Code, the automatic sprinkler system is not required fro Group U occupancies. See Huntington Beach Code§17.56.055. There is no explanation as to why one occupancy group is excluded from this requirement while others are not. This is clearly an unequal treatment under RLUiPA. Additionally, providing an exemption from a neutral requirement for a secular use,but refusing to extend that exemption to a religious use violates the First Amendment to the United States Constitution. See EmploymentDly, v. Smith,494 U.S.672(1990). When there Is a neutral lawthat appliesto everyone,and an exemption is given to that law,the Supreme Court has made clear that the government must extend the exemption also to religious uses. Refusing to do so violates the First Amendment to the United States Constitution. In sum, it is our hope that the City Council will accept your appeal and will approve your Conditional Use Permit Application without the burdensome and unconstitutional conditions placed on you by the Planning Commission. Allowing you to locate in the facilities without these burdensome conditions identified above would forestall any future action in this case and would be a sure way for the City Council to act to protect the Church's religious freedom and constitutional rights. Please contact me if you have any further questions. Sincerely, W. Erik W. Stanley, Esq, I GOLDENWEST - WEST SIDE OF NWEST ST., NORTH OF [ELD AVENUE NG LANDSCAPE NURSERY BUSINESS NDINGS STABLE TO THE NORTH E-FAMILY RESIDENTIAL UNITS TO UTH AND WEST TRIAL USES TO THE EAST (ACROSS NWEST ST.) F FRONT" FACADE *, hit k"UNAMMMA v � Y cf*� M. F NORTH FACADE Y V. t 1 x�yh I!jyt K, nffll j N Y _ y � �+z9, 't...... araY °e- ��.��y,''4 v t'e}r j �NS{xl`4��syR,43k ",-n., st „'`j!�°'. �'.�'.rk 4 .."�Yy "•Y""- ......'•s#tx j� F SOUTH FACADE F �''�.,.�.� �«'4x` ��^` ?7���'�nCxT�L� �r�'xS.'d"y�r• hf` � S`C r'`X'�Ks c[ay„ ,. -i k. �+cq€•K. R 48 up _7w�Y' �"i" °_s .�s^y y�x} si-zf' .r ncc 4�$ --r X , Tt. , �', 7 me' µ t i�t •rs p ,y+', z `fi. 's$� jt r} i '�y4s '•r ry s.�i +'n�'�i la t ""RrN ar l{.f xrfi�•g x^`'li,�,a {��5>i s.i#r p - k f ry �a'x'Ax "s: {�L.,,ot•5='mom z� -t S��- �'' k. �'' 'll & � � � 1. K� 4 i�'�n x 9 1• e a i 1�' FRAJtf ij, i 5 m' ING PARKING LOT gAY] F S� /•£+�.1�5�".�..,Rom".y �sb -, 4 °na iF tanu�!uiumu,yam.� EK ANUNCIATION BASED ON THE US LAND USE & TIONALIZED PERSONS ACT OF "RLUIPA") AL SEVERAL CONDITIONS OF OVAL ITIONS REPRESENT COMPATIBILITY IFE-SAFETY COMPLIANCE TO IT OCCUPANCY OF THE STRUCTURE OT SETBACK FROM RESIDENCES E SOUTH T BLOCK WAIT ALONG THE ERTY LINE ®PROOFING FOR ENSURING LANCE WITH NOISE STANDARDS OWS AND DOORS (SOUTH TION ONLY) TO REMAIN CLOSED G ASSEMBLY ACTIVITIES 4F6 PARKING SPACES FOR a O ON-SITE USES RY HOURS OF OPERATION: .M. TO 4:30 P.M. (MON. - SAT.) CH HOURS OF OPERATION: . TO 1 P.M. & 5 P.M. TO 8 P.M. (SUN.) TO 9 P.M. (WED.) ERLAPPING IN HOURS OF TION ATE PARKING FOR BOTH USES ON JOINT USE ANALYSIS MEND APPROVAL. BASED ON: RAL. PLAN ENCOURAGES THE BL IS1- MENT OF RELIGIOUS USES UATE SEPARATION AND DPROOFING ED HOURS OF OPERATION UA'TE PARKING IS AVAILABLE D ON JOINT USE PARKING ANALYSIS CITY OF HUNTINGTON BEACH MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 Council/Agency Meeting Held: Deferred/Continued to: ❑Approved Conditionally Approved ❑ Denied City Cler 's Signature Council Meeting Date: November 6, 2002 Department ID Number: PL02-43 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorGz4A,'o PREPARED BY: HOWARD ZELEFSKY, Director of Planning ;P" _ rz Ch co n SUBJECT: APPROVE CONDITIONAL USE PERMIT NO. 02-11 (Praise Christian Church) Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by Michael H. Leifer on behalf of Praise Christian Church and Derek Anunciation, of the Planning Commission's approval of Conditional Use Permit No. 02-11. This application represents a request to permit the establishment of a religious assembly use including instruction within approximately 2,840 square feet of an existing 21,800 square foot landscape warehouse building. The request includes joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces on a separate but contiguous parcel located at the northeast portion of the site. The Planning Commission approved the project and is recommending approval based on findings that the project is consistent with General Plan goals, objectives, and policies encouraging establishment of religious uses, and the provision of adequate parking based on a joint use parking analysis between the existing nursery use and proposed church. Staff recommended approval of the project to the Planning Commission and is recommending that the City Council approve the request because with the conditions of approval, the project will be compatible with the surrounding single family residential land uses and the on-site commercial nursery use. The site has adequate parking for the existing and proposed use and with appropriate soundproofing material, will have adequate buffering from adjacent single-family residences. The applicant has appealed the Planning Commission's approval based on the conditions of approval and the Religious Land Use-, and Institutionalized Persons Act of 2000 ("RLUIPA"). 18851 Goldenwest(Praise Christian Church)Appeal - 10/22/2002 1:56 PM REQUEST FOR ACTION •MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 Funding Source: Not applicable. Recommended Action: A. PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 02-11 to permit the establishment of Praise Christian Church with findings and conditions of approval (ATTACHMENT NO.1)." Planninq Commission Action on August 27, 2002: A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KOKAL, TO APPROVE CONDITIONAL USE PERMIT NO. 02-11 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: AYES: Kerins, Livengood, Kokal, Stanton, Hardy, Porter, Shomaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): A. "Deny Conditional Use Permit No. 02-11 with findings for denial." B. "Continue Conditional Use Permit No. 02-11 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant: Derek Anunciation, Praise Christian Church, 17610 Beach Blvd. #52A, Huntington Beach, CA 92647 Location: 18851 Goldenwest Street (West side of Goldenwest Street, north of Garfield Avenue) The applicant is proposing to establish a religious assembly use including instruction in a 2,840 square foot area within an existing 21,800 square foot landscape warehouse building. The request includes joint use parking based on divergent hours of operation of uses and PL02-43 10/24/2002 11:08 AM REQUEST FOR AC •ACTION MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 the addition of 19 parking spaces on a separate but contiguous parcel located at the northeast portion of the site. The proposed site and building are currently leased from the property owner on Sunday mornings from 8 a.m. to 1 p.m., and Sunday evenings from 5 p.m. to 8 p.m. Services are also proposed on Wednesday evenings from 6 p.m. to 9 p.m. The existing use (American Landscape) is closed on Sundays and is open until 5 p.m. on weekdays, thereby accommodating the proposed church hours of operation and allowing for the joint use of on- site parking. Parking for the church will be provided on adjacent parcels and will serve the needs of the existing nursery operation and the proposed use. In conjunction with the religious assembly use, a Sunday school classroom is proposed to provide instruction up to a maximum of five hours per day and 12 hours per week. The existing building is currently utilized as a warehouse for an on-site nursery operation. The applicant is proposing to renovate the interior of a portion of the existing warehouse structure to accommodate religious assembly services with a maximum occupancy of 200 persons. Minor site improvements including the addition of 19 parking spaces and landscaping modifications are also proposed as part of the entitlement application. Praise Christian Church. is currently operating temporarily at the subject site pending approval of the conditional use permit. C. PLANNING COMMISSION MEETING AND RECOMMENDATION: On September 10, 2002, the Planning Commission held a public hearing to discuss the proposed project. There were a total of 9 persons who testified in favor of the proposed project including a resident who indicated that he supported the project but voiced several concerns regarding site improvements that the City was not requiring of the applicant. Those who spoke in favor of the request indicated that the church was needed in the community and supported the social, educational, and spiritual needs of the community. A few of the speakers indicated that several of the conditions of approval were overly restrictive and burdensome to the applicant. The Planning Commission concurred with the proponents of the project and approved the project with conditions of approval based on General Plan goals, objectives, and policies encouraging establishment of religious uses, and the provision of adequate parking based on joint use of parking between the existing nursery use and proposed church. D. APPEAL: On September 19, 2002, Michael Leifer, on behalf of Derek Anunciation and Praise Christian Church, appealed the Planning Commission's approval of the project claiming that several of the conditions of approval are in violation of the Religious Land Use and PL02-43 74 10/24/2002 11:08 AM 3 REQUEST FOR ACTION MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 Institutionalized Persons Act of 2000 ("RLUIPA"). The appellant is appealing the approval of the following conditions of approval: 1. The site plan, floor plans and elevations received and dated July 2, 2002 shall be the conceptually approved layout with the following modifications: b. The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90- degree parking as modified by staff on parking layout dated August 30, 2002. c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) d. Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) PL02-43 ,57, 10/24/2002 11:08 AM REQUEST FOR ACTION MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire'Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: b. The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division standards. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW) f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW) 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 9. All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area. 10. 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, PL02-43 _0' 10/24/2002 11:08 AM REQUEST FOR ACTION • MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. The appeal letter submitted by Michael Leifer, on behalf of Derek Anunciation and Praise Christian Church claims that several of the conditions of approval are in violation of the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). The conditions of approval represent standard requirements, which are consistent with the conditions of approval on similar assembly uses. They are intended to protect the health, safety, and welfare of persons who will be occupying the subject building and those who may be affected by the proposed operation. The conditions of approval address life safety and code compliance issues identified by the departments of Planning, Building and Safety, Fire, and Public Works. E. STAFF ANALYSIS AND RECOMMENDATION: The primary issue to be considered by the City Council when analyzing the establishment of a religious assembly facility is land use compatibility and parking. Land Use Compatibility In analyzing the issue of compatibility, the proximity of the existing building to be occupied to adjacent uses needs to be evaluated. The existing building is setback 25 feet from the southerly (interior side) property line, 15 ft. from the easterly (front) property line, 78 feet from the westerly (rear) property line, and 62 feet from the northerly (interior side) property line. A six to seven foot high concrete block wall exists along the southerly property line and buffers the adjacent residences from the subject building on the project site. The existing block wall, 25-foot setback, and a condition requiring compliance with the noise ordinance through the appropriate use of soundproofing materials will provide a sound buffer to reduce any potential noise impacts to adjacent residential properties from the assembly activities. Assembly uses have the potential to increase noise levels based on the gathering of people in a confined space. The applicant has indicated that there are two Sunday worship services proposed and religious instruction will be provided on-site during the Sunday services for congregation members only. Currently, Wednesday evening is the only weekday proposed for church services. It is anticipated that future youth ministry meetings may occur during the week after 5 p.m. In addition to soundproofing, a condition will require the church to close all doors and/or openings on the south elevation of the building during services to mitigate noise impacts to residential properties located directly to the south of the subject site. PL02-43 -71- 10/24/2002 11:08 AM 0 E E F 0 QU ST OR ACTION MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: PL02-43 Staff believes that the subject land use is appropriate at the proposed location because the site is adjacent to a major arterial, is easily accessible, and anticipated traffic will not impact local residential streets. The church will provide a good transition between the low-density residential uses to the south of the property and the existing commercial operation on the subject site. Staff is in support of the request based on the recommended conditions of approval and the provision of an adequate buffer and separation from adjacent residential uses. Parking The CUP application includes a request to allow joint use parking on the subject property based on the divergent hours of operation for the nursery use and proposed church use. Parking on the subject site shall be provided based on the parking code requirement for the religious assembly use and the public display area for the existing nursery operation. The assembly area is approximately 1,600 square feet of the total 2,840 square feet occupied by the proposed use, resulting in a parking requirement of 46 spaces. The public display area within the existing nursery is approximately 43,000 square feet resulting in a parking requirement of 43 spaces (Attachment 4). In analyzing joint use parking, staff reviewed the existing and proposed uses on the subject site. The nursery operates Tuesday through Saturday between the hours of 8:30 a.m. and 4:30 p.m. The applicant proposes worship services for the church on Sunday mornings from 8 a.m. to 1 p.m. and evenings from 5 p.m. to 8 p.m. Services are also proposed on Wednesday evenings from 6 p.m. to 9 p.m. According to the proposed hours of operation of the church and existing hours of operation for the nursery, there will be no overlapping in the operation of the two uses. Therefore, the parking needs for each use can be satisfied by the 46 on-site parking spaces, which includes the additional 19 spaces proposed by the applicant. Staff is in support of the request for joint use parking based on the divergent parking needs as indicated in the analysis, and the limited number of services proposed by the church. Two of the three worship services are on a Sunday in which the nursery is closed for the entire day. The other service is proposed on Wednesday after closing hours of the nursery operation. Based on the proposed operation described in the narrative and proposed number of parking spaces, staff does not anticipate any impacts to parking. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act since it involves the leasing and minor alterations to existing private structures in an already urbanized area. PL02-43 41 10/24/2002 11:08 AM 7 •REQUEST FOR ACTION 0 MEETING DATE: November 6, 2002 DEPARTMENT ID NUMBER: . PL02-43 Attachment(s): City Clerk's Page Number No. Description _..._... ._.. ... ._... ......_. ______ 1. Suggested Findings & Conditions of Approval (Staff Recommendation) 2. Appeal Letter to City Council dated September 6, 2002 3. Planning Commission Minutes dated September 10, 2002 4. Planning Commission Staff Report dated September 10, 2002 Includes Vicinity Map and Site Plan RCA Author: PD/HF PL02-43.doc -p9� 10/25/2002 8:39 AM a '�. � * �: �" - ��`�a �x s'�K _-_ .a �� �- � � � FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 02-11 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, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure_ with negligible or no expansion of use beyond that previously existing on the project site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-11: 1. Conditional Use Permit No. 02-11 for the establishment, maintenance and operation of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot landscape warehouse building, including joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed religious assembly use will be located in an existing building with adequate separation to adjacent residential properties and soundproofing of the building will reduce potential noise impacts generated by the religious assembly use. 2. The conditional use permit will be compatible with surrounding uses. The subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The church will provide a good transition between the existing on-site commercial use and lower intensity residential uses. The proposed religious assembly use will be compatible with the existing on-site nursery operation and surrounding uses based on divergent parking needs, the limited number of services proposed by the church, and adequate separation from adjacent residential properties. 3. The proposed religious assembly facility 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. In addition, any specific condition required for the proposed use in the Ellis-Goldenwest Specific Plan zoning district. With the addition of 19 parking spaces, the project site will accommodate a total of 46 parking spaces, which accommodates the joint use of parking facilities by both uses based on their divergent hours of operation. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. (02c10910 CUP 02-11) Attachment 1.1 LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety, human service, cultural, educational, religious, and other uses that support the needs of existing and future residents and businesses. LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-11: 1. The site plan, floor plans and elevations received and dated July 2, 2002 shall be the conceptually approved layout with the following modifications: a. The site plan and floor plans shall indicate the maximum seating capacity for the assembly area. b. The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002. c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) e. 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. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) f. 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) g. 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 (02d0910 CUP 02-11) Attachment 1.2 compatible with the building and non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. h. If outdoor lighting is included, 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. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220- 03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) b. All applicable Public Works fees shall be paid. (PW) c. Fire access roads shall be provided in compliance with City Specification #401. (FD) d. Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) (02c10910 CUP 02-11) Attachment 1.3 g. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits. (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) i. All Fire Department requirements shall be noted on the Building plans. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. 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/grading activity. 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. b. The area,for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division standards. (PW) d. If a separate irrigation water service and meter is required, it 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. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection-device. (PW) f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW) (02c10910 CUP 02-11) Attachment 1.4 g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) h. Service roads and fire lanes, as determined by the Fire Department, shall be posted, marked, and maintained to comply with City Specification No. 415. Additionally, the site plan shall depict all fire lanes. 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. (FD) i. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half(1- 1/2) inches. (FD) j. 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) k. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. 1. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. m. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. 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. 6. Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m. 7. There shall be no conflict in the operating hours based on parking space requirements for the different uses on the parcel. (Code Requirement) 8. Evidence of an agreement for such joint use shall be provided by proper legal instrument, approved as to form by the City Attorney. The instrument shall be recorded in the Office of the County Recorder and shall be filed with the City prior to issuance of building permit and/or certificate of occupancy, whichever occurs first. (Code Requirement) 9. All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area. 10. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. (02c10910 CUP 02-11) Attachment 1.5 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-11 shall not become effective until the ten (10) calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-11 shall become null and void unless exercised within one year of the date of final approval, which is September 10, 2002, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 02-11, 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. 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. An encroachment fee shall be required for all work within the City's right-of-way. 8. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Oran- a and submitted to the Planning Department within two (2) days of the Planning Commission's action. 9. Standard landscape code requirements apply (Chapter 323 of the HBZSO). 10. 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. 11. 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. 12. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. (02c10910 CUP 02-11) Attachment 1.6 � s A LAW OFFICES PALMIERI. TYLER, WIENER, WILHELM & WALDRON LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2603 MAIN STREET ANGELO J. PALMIERI (1926.1996) EAST TOWER-SUITE 1300 P. O. BOX 19712 ROBERT F. WALDRON (1927.1998) _ IRVINE. CA 92823-9712 IRVINE, CALIFORNIA 9 2 614-6 2 2 6 ALAN H. WIENER' MICHAEL H. LEIFER ROBERT C. IHRKE' SCOTT R. CARPENTER (949) 8S1-9400 WRITER'S DIRECT JAMES E. WILHELM' RICHARD A. SALUS www.ptwww.com DIAL NUMBER _DENNIS G. TYLER' - NORMAN J. ROOICH MICHAEL J. GREENE' RONALD M. COLE - (949) 851-7294 ..FRANK C. ROTHROCK' D. SUSAN WIENS DENNIS W. GHAN' LUCEE S. KIRKA 111181fefaptWWW.COR) DAVID D. PARR' JOEL C. LAMP September 17, 2002 FACSIMILE (949) 8S1-ISS4 CHARLES H. KANTER' PAUL B. LA SCALA GEORGE J. WALL MICHAEL L. D'ANGELO 19491 851-3844 L. RICHARD RAWLS CHARLES S. KROLIKOWSKI 19491 7S7-122S PATRICK A. HENNESSEY DAROLYN Y. HAMADA (949) 6S1-2351 DON FISHER STEPHEN A. SCHECK GREGORY N. WEILER HEATHER C. WHITMORE WARREN A. WILLIAMS ELISE L. ENOMOTO JOHN R. LISTER RYAN M. EASTER REFER TO FILE NO. CYNTHIA M. WOLCOTT GRACE LEE JOEL P. KEW CHRISTOPHER S. COSTA 32923-000 MICHELLE M. FUJIMOTO ELIZABETH VALADE2 - GARY C. WEISBERG •A PROFCSSIONAL CORPOPATION U.S. MAIL (714-374-1648)VIA FACSIMILE & - - City of Huntington Beach ;` - 2000 Main Street Huntington Beach, California 9264.8 ;T Re: SUBJECT: Conditional Use Permit No. 0241 APPLICANT: Derek Anunciation PROPERTY OWNER: Ron Brindle, 18851 Goldenwest Street,Huntington Beach, CA 92648 REQUEST: To permit the establishment of a religious assembly use including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot warehouse building LOCATION: 18851 Goldenwest (west side of Goldenwest Street, north of. Garfield Avenue) DATE OF ACTION: September 10, 2002 NOTICE OF APPEAL: September 19, 2002 ATTACHMENT NO. � �- PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 2 Dear City Clerk: The purpose of this correspondence is to provide formal written notice of appeal of certain conditions to Conditional Use Permit No. 02-11. The appellant is Praise Christian Church/Derek Anunciation; address of appellant is 17610 Beach Boulevard, #52A, Huntington Beach, California 92648. Conditions of approval appealed include: Condition lb. 'The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002." Condition.;l.c "The plans shall indicate the method and materials for soundproofing the interior of.the space to be occupied:by the assembly use or shall provide of compliance.with the maximum decibel level of.55 db(A) at the southerly property line." ,,Condition 2a "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." Condition:2b:``"All Fire Department requirements shall be noted on the building plans. (FD)" Conditions 2a and b are appealed to the extent that zoning entitlement conditions of approval and Fire Department requirements are appealed. - Condtion 3a: "The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the ATTACMME T NO. �iz PALMIERI, TYLER, WIENER, wILHELM & WALDRON LLP City of Huntington Beach , September 17, 2002 Page 3 City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement)" Condition 3d "Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD)" ;Condition 3e "Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed.throughout:the building. For Fire Department approval,plans shall be submitted to the Building Department as separate plans for permits. (FD)" Condrton`3f "A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow,tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD)" Condition 3h "A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department.prior to system installation. (FD)" ....Condition 5b "The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. Condition.5c "The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division Standards. (PW)". AT,TACHIMENT NO. � s PALMIERI, TYLER, WIENER, W ILRELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 4 Condition 5e "If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW)" Condition 5f "Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW)" Condition 6 ,"Use of the project site and building shall be limited to the functions described in':the`project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m." ._..Condition 9; "All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area." Also, Applicant appeals condition 1.0; The grounds for the appeal are pursuant to protection of religious exercise under the Religious Land.Use and Institutionalized Persons Act of 2000 ("RLUIPA"). In violation of RLUIPA, the City's proposed conditions objected to here violate the applicant's First Amendment Rights, thereby directly implicating 42 United States Code Section 1983 (Civil Rights Violations)potentially subjecting both the City and those individual members of the City Staff violating our clients' rights to civil liability for damages, including attorneys' fees. RLUIPA requires that any local land use regulation be both in furtherance of a compelling government interest; and be the least restrictive means of furthering and compelling that government interest. The proposed conditions do not comply with RLUIPA. The conditions do not even attempt to establish that they are the "least restrictive means of furthering" the ostensible interests. 'If- building can lawfully be occupied for a number of persons manufacturing,goods,the same building could.at least be occupied by the same number of people for prayer:` Any other interpretation leads to the.conclusion that the animosity to religious exercise proscribed by RLUIPA has been violated by the City's conditions. In addition,the City has deprived Praise Christian Church of its right to speak on matters of religion as secured by the First Amendment of the United States Constitution and made applicable to the State via the 14th Amendment by discriminating against Praise Christian Church based upon the religious viewpoint of its expression, by inhibiting its right to freely express its faith to its congregants and students and to the ATTAr WIENIT NO. 2� -- PALMIERI, TYLER, WIENER, WiLHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 5 community, and by applying vague statutes, ordinances, and regulations against it in the form of the objectionable conditions of approval. Very truly yours, Michael H. Leifer on behalf of Praise Christian Church/Derek Anunciation MHL:pr cc: Jennifer McGrath,Esq. ATTACH 11ENT NO. � ��� • 4262/154 4 $1770.00 Cas"ReceiDts ® Thu Sep 19, 2002 04:18 PM #25921 S1 CASH RECEIPT fty CIT*y OF hUNTINQTON 13EACh �- F.O.BOX 711 HUNTINGTON BEACH,CALIFORNIA 92648 HUNTING Y BEACH I REASURER- HARI L.FREIDENRICH DATE ISSUING DEPT. TELE.# w � CEEIIVED fiROM DDREq/S (� �I h ASS FOR �Q N L w CL 44 �� V AMOUNT RECEIVED ❑CASH HECK#-�.L� ❑CREDIT CARD V cc n PREPARED BY RECEIVED BY O LL IF OBJECT=50000 THRU 90000,FINANCE APPROVAL DATE (� Business Unit Object Sub-Account Amount YP - - - - - LLI . — — — — — — — — — — — — — - - - - - Q � , g - - - - - - - - - - - - - - - - - EE a - - - - - - - - — — - - - a J � -� a — — — - - - - - — — — — — W - - - - - - - - • - - - - - - - - - - w N - - - - - - - - • - - - - - - - - - - TOTAL$ LL ' N cn uj a No-1048534 • � _��. �� � � €. � rr� E,� PC Minutes au�'RAffrmrl September 10, 2002 Page 15 10.All landscapi • shall be maintain in a neat and cl manner, and in conforma - with the HBZSO. - 'or to removin • replacing any la • caped areas, ck with the Depa nts of Plannin d Public Works f Code req ments. Substantia anges may re a approval by the - anning C mission. All permanent, to rary, or promoti I signs shall con f to Chapter 233 of the HBZSO. P ' to installing any w signs, changin ign faces, or installing promotional s'• s, applicable pe t(s) shall be obtai d from the Planning Departme iolations of thi • dinance require t may result in permi revocati , recovery of cod nforcement costs d removal of install • signs. /Ancroachment pe shall be required f all work within the ri -of-way. (PW) ate of O pancy must be a - oved by the Plannin epartment and the B ding and Safety D artment prior to occ • ing the building. 14. Live ente ment or outdoor ' ng is not permitted ess a condition e permit f is specific use is iewed and approv 15.Al c olic beverage sale re not allowed unle a conditional us ermit for this icular use is revie d and approved. B-2. CONDITIONAL USE PERMIT NO. 02-11 (PRAISE CHRISTIAN CHURCH): Applicant: Derek Anunciation Request: To permit the establishment of a religious assembly use including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot landscape warehouse building. The request includes joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces on a separate but contiguous parcel located at the northeast portion of the site. Location: 18851-Goldenwest Street (west side of Goldenwest Street, north of Garfield Avenue). Project Planner: Paul Da Veiga, Associate Planner • Conditional Use Permit No. 02-11 request: - To establish religious assembly within a 2,840 square foot room within an existing 21,800 square foot nursery warehouse building. - Joint use parking based on divergent hours of operation. - Site improvements include addition of 19 parking spaces on a separate but contiguous parcel at the northeast portion of subject site. Staff's Recommendation: Approve Conditional Use Permit No. 02-11 based upon the following: - General Plan goals, objectives, and policies encouraging establishment of religious uses that support the needs of existing and future Huntington Beach residents where they are compatible with adjacent uses - The facility will fulfill social, educational and community needs of existing and future residents of Huntington Beach (02pcm0910) ATTACHMENT NO. ���, PC Minutes September 10, 2002 s Page 16 R A FN - Soundproofing of the interior of the building will reduce potential noise impacts to adjacent residential properties. - Divergent hours of operation between the existing nursery use and proposed church allow for joint use parking. Staff made a presentation to the Commission. Questions/comments included: • Hours of operation for the existing landscaping business (Sunday's prohibited) 0 Joint use parking agreement • Sound suppression • Setback requirements THE PUBLIC HEARING WAS OPENED: Edward De Pascale, Gothard Street, Huntington Beach, spoke in support of the item. Victoria De Pascale, Gothard Street, Huntington Beach, spoke in support of the item. Dailene Coad, Everest Circle, Fountain Valley, spoke in support of the item, stating that the church provides spiritual direction and support for she and her family. Jessica Jahangiri, Slater Avenue, Fountain Valley, spoke in support of the item and the Church, and thanked the Commission for approving the zoning text amendment that would allow the Church to file for a conditional use permit. Woody Young, Deville Street, Huntington Beach, spoke on behalf of the property owner to support the item, and to oppose conditions of approval related to fire sprinklers, sound barriers and City water usage. He also discussed how the church only occupies a small portion of the large building, and that the front door entry was adequate for fire department access. Gerald Chapman, Shire Circle, Huntington Beach, spoke in support of the item and discussed the specific plan setback requirements, fire lane access and hours of operation. Rosemary Fuentes, Newhope Street, Santa Ana, spoke in support of the item. .Joe Colombo, Architect, spoke in support of the item and with suggested findings for approval. He discussed the structures historical significance, building code requirements, block wall height, landscaping and noise elements. Derek Anunciation, Pastor for Praise Christian Church, spoke in support of the item. He discussed how the Church has been displaced for months because of City zoning requirements. He thanked the Commission for approving the zoning text amendment but spoke in opposition to conditions of approval related to soundproofing, parking,joint (02p=0910) PC Minutes } September 10, 2002 Page 17 d DRAFT I use, property setbacks, City water usage, fire sprinklers, disposal material, activity limitations and closure of doors and windows during church services. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding joint use agreement requirements, including limitations on the amount of activities permitted on any given day. The Commission and staff discussed blocked fire lanes on the south side of the property. Staff explained that conditions of approval explain fire lane requirements. It was also mentioned that fire sprinklers are necessary and required according to the City's Municipal Code. The Commission inquired about adding a domestic City water meter. Staff identified that a meter did exist on the subject property that could be utilized for City water usage. The Commission inquired about soundproofing the building. Staff explained that assembly uses near residential require soundproofing, and discussed DBA requirements at the southern property line. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO APPROVE MODIFICATIONS TO CONDITIONS OF APPROVAL RELATED TO FIRE SPRINKLERS, SOUNDPROOFING AND DOMESTIC WATER SERVICE. MOTION APPROVED BY ACCLAIMATION. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY KOKAL, TO APPROVE CONDITIONAL USE PERMIT NO. 02-11 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS AND CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 02- 11 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, because the proposed religious assembly land use and building remodeling involves minor alteration of an existing private structure with negligible or no expansion of use beyond that previously existing on the project site. (02pcm0910) ATTACHMENT N01 - 111 PC Minutes f LL i September 10, 2002 Page 18u AFT FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 02-11: 1. Conditional Use Permit No. 02-11 for the establishment, maintenance and operation of a 2,840 sq. ft. religious assembly facility within an existing 21,800 square foot landscape warehouse building, including joint use parking based on divergent hours of operation of uses and the addition of 19 parking spaces, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed religious assembly use will be located in an existing building with adequate separation to adjacent residential properties and soundproofing of the building will reduce potential noise impacts generated by the religious assembly use. 2. The conditional use permit will be compatible with surrounding uses. The subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The church will provide a good transition between the existing on-site commercial use and lower intensity residential uses. The proposed religious assembly use will be compatible with the existing on-site nursery operation and surrounding uses based on divergent parking needs, the limited number of services proposed by the church, and adequate separation from adjacent residential properties. 3. The proposed religious assembly facility 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.. In addition, any specific condition required for the proposed use in the Ellis-Goldenwest Specific Plan zoning district. With the addition of 19 parking spaces, the project site will accommodate a total of 46 parking spaces, which accommodates the joint use of parking facilities by both uses based on their divergent hours of operation. 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 CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively reused, and renovated buildings. LU 13: Achieve the development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents. LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental, administrative, public safety, human service, cultural, educational, religious, and other uses that support the needs of existing and future residents and businesses. (02p=0910) ATTACHMENT NO; 3. PC Minutes September 10, 2002 DRAFT_`� Page 19 LU 13.1.2: Allow for the continuation of existing and development of new religious facilities in any land use zone where they are compatible with adjacent uses and subject to City review and approval. The proposed development plan for the establishment of the Praise Christian Church facility promotes renovation and re-use of the building and site in a manner that will be consistent with the aforementioned goals and objectives of the City's General Plan. The project is consistent with General Plan Land Use goals, objectives and policies which encourage development of a mix of governmental service, institutional, educational, and religious uses that support the needs of Huntington Beach residents and advocate development of new religious facilities where they are compatible with adjacent uses. CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT NO. 02-11: 1. The site plan, floor plans and elevations received and dated July 2,2002 shall be the conceptually approved layout with the following modifications: a. The site plan and floor plans shall indicate the maximum seating capacity for the assembly area. b. The plans shall be amended to relocate three parking spaces from the terminus of the drive aisle to the-southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002. c. The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide proof of compliance with the maximum decibel level of 55 db(A) at the southerly property line. d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) e. 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. Backflow prevention devices shall be prohibited in the front yard setback and_shall be screened from view. (Code Requirement) f. 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 (02p=0910) ATTACHMENT NO. 3 .g i DiMFT PC Minutes . September 10, 2002 Page 20 ` screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) g. 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. h. If outdoor lighting is included, 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. 2. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) b. All applicable Public Works fees shall be paid. (PW) c. Fire access roads shall be provided in compliance with City Specification #401. (FD) d. Fire hydrants 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 (02p=0910) AA T PC Minutes September 10, 2002 Page 21 4 s and fire department connections. The Fire Department and Public Works a Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD) e. Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD) f. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD) g. For Fire Department approval, food preparation fire protection system plans shall be submitted to the Building Department as separate plans for permits: (FD) h. A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) i. All Fire Department requirements shall be noted on the Building plans. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. 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/grading activity. 5. Prior to final building permit inspection and issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. (02pcm0910) ATTACHMENT NO. , PC Minutes September 10, 2002 Page 22 I� QRAFT,. b. The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. c. The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division standards. (PW) d. If a separate irrigation water service and meter is required, it 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. (PW) e. If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW) f. Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW) g. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code.Standards. (FD) h. Service roads and fire lanes, as determined by the Fire Department, shall be posted, marked, and maintained to comply with City Specification No. 415. Additionally, the site plan shall depict all fire lanes. 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. (FD) i. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) j. 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) k. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. I. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. (02pcm0910) ATTAUH�iEN" ' NO, �� Planning Department at (714) 536-5271 and refer to the above items. Direct your written communicatioris to the City Clerk. Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 9264.8 (714) 536-5227 (g\legals\CCLGFRM2\02cc l 106) 110-221-11 110-221-13 110-222-05 OMAR KAHLE • DOROTHY J WALKER •KENNETH H HUBBS 18851 GOLDENWEST ST 18851 GOLDENWEST ST 8184 RP.MA CT HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92658 SACRAMENTO CA- 95829 110-222-13 110-222-18 646.64_ l�lre-g-- HAROLD C MORTON- NE LL I E A TOWNLEY 2-�03 �{�►i►-1 �-� 3+h . PO BOX 1097 R 1 PO BOX 23 CARLS BAD CA 92018 MONTAGUE CA 96064 l p—�/ ►.l E G1�. �T2-41� *** 5 Printed *** 159-411-18 �159-411-21 159-412-01 OCCUPANT OCCUPANT OCCUPANT 18741 JOCKEY CIR 18732 JOCKEY CIR 18740 SADDLEBACK L•N HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 HUNTINGTON BEACH 92648 *** 3 Printed *** LAW OFFICES PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP A LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 2603 MAIN STREET ANGELO J. PALMIERI (1926-1996) EAST TOWER-SUITE 1300 P. O. BOX 19712 ROBERT F. WALDRON (1927-1998) IRVINE, CA 92623-9712 IRVINE, CALIFORNIA 926W6228 ALAN H. WIENER* MICHAEL H. LEIFER ROBERT C. IHRKE• SCOTT R. CARPENTER _ (949) 851-9400 WRITER'S DIRECT JAMES E. WILHELM* RICHARD A. SALUS www.ptwww.com DIAL NUMBER DENNIS G. TYLER* NORMAN J. RODICH MICHAEL J. GREENE* RONALD M. COLE (949) 851-7294 FRANK C. ROTHROCK' D. SUSAN WIENS DENNIS W. GHAN* LUCEE S. KIRKA mleiferaptwww.com DAVID D. PARR* JOEL C. LAMP September 17, 2002 FACSIMILE (949) 851-1654 CHARLES H. KANTER* PAUL B. LA SCALA GEORGE J. WALL MICHAEL L. D'ANGELD (949)851-3844 L. RICHARD RAWLS CHARLES S. KROLIKOWSKI (949) 757-1225 PATRICK A. HENNESSEY DAROLYN Y. HAMADA (949) 851-2351 DON FISHER STEPHEN A. SCHECK GREGORY N. WEILER HEATHER C. WHITMORE WARREN A. WILLIAMS ELISE L. ENOMOTO JOHN R. LISTER RYAN M. EASTER REFER TO FILE NO. CYNTHIA M. WOLCOTT GRACE LEE JOEL P. KEW CHRISTOPHER S. COSTA 32923-000. MICHELLE M. FUJIMOTO ELIZABETH VALADEZ GARY C. WEISBERG •A PROFESSIONAL CORPORATION G' r - VIA_FACSIMILE & U.S. MAIL (714-374-1648) City of Huntington Beach 2000_Main Street Huntington Beach California 92648 Re: SUBJECT: ..Conditional Use-Permit No..02-.11 APPLICANT: Derek Anunciation PROPERTY OWNER: Ron Brindle, 18851 Goldenwest Street;.Huntington Beach,.CA 92648 REQUEST: To permit the establishment of a religious assembly use including religious instruction within approximately 2,840 square feet of an existing 21,800 square foot warehouse building LOCATION: -18851 Goldenwest (west side of Goldenwest Street, north of Garfield Avenue) DATE OF ACTION: September 10, 2002 NOTICE OF APPEAL: September 19, 2002 i NOTICE OF APPEAL TO PLANNING COMMISSION ACTION . g OF Date A Planning Commission Action Q� TO: Planning Dept (2 copies) DATE: City Attorney (1 copy) FILED BY QcA Cl REGARDING: i Tentative Date for Public Hearing: Copy of Appeal Letter attached. LEGAL NOTICE AND A.P.MAMING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 2 Dear City Clerk: The purpose of this correspondence is to provide formal written notice of appeal of certain conditions to Conditional Use Permit No. 02-11. The appellant is Praise Christian Church/Derek Anunciation; address of appellant is 17610 Beach Boulevard, #52A, Huntington Beach, California 92648. Conditions of approval appealed include: Condition lb. "The plans shall be amended to relocate three parking spaces from .the terminus of the drive aisle to the southerly boundary of the parking area continuing with 90-degree parking as modified by staff on parking layout dated August 30, 2002." Condition 1 c. "The plans shall indicate the method and materials for soundproofing the interior of the space to be occupied by the assembly use or shall provide of compliance with the maximum decibel level of 55 db(A) at the southerly property line." Condition 2a. "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." Condition 2b. "All Fire Department requirements shall be noted on the building plans. (FD)" Conditions 2a and b are appealed to the extent thai zoning entitlement conditions of approval and Fire Department requirements are appealed. Condition 3a. "The subject property shall enter into irrevocable reciprocal driveway and parking easement between the subject site and adjacent northerly properties consisting of APN numbers 110-220-03 and 110-220-02. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the J Connie Brockway, City Clerk V D4'022 City of Huntington Beach Office of the City Clerk P.O. Box 190 �_ f�t Huntington Beach, CA 92648 H METER467591-.; 110-221-05 CITY OF HUNTINGTON BEAC 2000 MAIN gm 1. �VNTINGTpA, HUNTINGTON BEACH 92648 LEGAL NOTICE- PURI IC HV .w PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 3 City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement)" Condition 3d. "Fire hydrants 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. The Fire Department and Public Works Water Division will work jointly to determine the number, location and installation requirements for on-site fire hydrants. (FD)" Condition 3e. "Due to a change of use/occupancy, an automatic fire sprinkler system shall be installed throughout the building. For Fire Department approval, plans shall be submitted to the Building Department as separate plans for permits. (FD)" Condition 3f. "A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to Building as separate plans for permits. The system shall provide water flow, tamper, and trouble alarms, manual pull stations, interior and exterior horns and strobes, and 24-hour central station monitoring. (FD)" Condition 3h. "A Class III wet standpipe system shall be installed. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD)" Condition 5b. "The area for assembly use shall be soundproof, or the applicant shall submit evidence to indicate compliance with the Municipal Code noise levels at the southerly property line. Condition 5c. "The existing domestic water meter shall be relocated and placed at a location that is readily accessible to Water Division personnel, and shall be constructed to meet the requirements of the Water Division. The existing water service may potentially be utilized as determined by the Public Works Department. If the applicant utilizes the existing service served from the on-site private well, the existing domestic water service shall be abandoned per Water Division Standards. (PW)" PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 4 Condition 5e. "If fire sprinklers are required, the building shall have a separate dedicated fire service with appropriate backflow protection device. (PW)" Condition 5f. "Separate backflow protection devices shall be installed per Water Division standards for domestic irrigation and fire water services. (PW)" Condition 6. "Use of the project site and building shall be limited to the functions described in the project proposal (applicant's narrative). Services shall be conducted on Sunday, and one Wednesday evening service shall be allowed between the hours of 6 p.m. and 9 p.m." Condition 9. "All doors and windows along the southerly elevation of the subject building area used for assembly shall be closed during all services and events conducted within the subject area." Also, Applicant appeals condition 10. The grounds for the appeal are pursuant to protection of religious exercise under the Religious Land Use and Institutionalized Persons Act of 2000 ("RLUIPA"). In violation of RLUIPA, the City's proposed conditions objected to here violate the applicant's First Amendment Rights, thereby directly implicating 42 United States Code Section 1983 (Civil Rights Violations) potentially subjecting both the City and those individual members of the City Staff violating our clients' rights to civil liability for damages, including attorneys' fees. RLUIPA requires that any local land use regulation be both in furtherance of a compelling government interest; and be the least restrictive means of furthering and compelling that government interest. The proposed conditions do not comply with RLUIPA. The conditions do not even attempt to establish that they are the "least restrictive means of furthering" the ostensible interests. If a building can lawfully be occupied for a number of persons manufacturing goods, the same building could at least be occupied by the same number of people for prayer. Any other interpretation leads to the conclusion that the animosity to religious exercise proscribed by RLUIPA has been violated by the City's conditions. In addition, the City has deprived Praise Christian Church of its right to speak on matters of religion as secured by the First Amendment of the United States Constitution and made applicable to the State via the 14th Amendment by discriminating against Praise Christian Church based upon the religious viewpoint of its expression, by inhibiting its right to freely express its faith to its congregants and students and to the PALMIERI, TYLER, WIENER, WILHELM & WALDRON LLP City of Huntington Beach September 17, 2002 Page 5 community, and by applying vague statutes, ordinances, and regulations against it in the form of the objectionable conditions of approval. Very truly yours, Yam' Michael H. Leifer on behalf of Praise Christian Church/Derek Anunciation MHL:pr cc: Jennifer McGrath, Esq. .d/ I �4262/154 4 $1/10.90 CashReteipts Thu Sep 19, 2002 04:18 FM 4251721 C1 CASH RECEIPT CITY OF hLINTINISJON MACh P.O.60X 711 HUNTINGTON BEACH,CALIFORNIA 92648 HUNTING N BEACH I REASURER_ HARI L.FREIDENSICH - DATE ISSUING DEPT. oon TELE.# CEIVE0 5ROM ADDRE t e�K 24 'a e i4n SS /J FORjo C2_ 4tid Onol w 9 ga -•-•� W a �f VAMOUNT RECEIVED ❑CASH HECK# ❑CREDIT CARD $ V PREPARED BY RECEIVED BY OIF OBJECT=50000 THRU 90000,FINANCE APPROVAL DATE (� Business Unit Object Sub-Account Amount - - - - - - - - - - - - - - - - - - W a - - - - - - - - - - - - - - - — — — — — — — — • — — — —� — - - W cr o - - - - - - - - — _ Wn. - - a Q -- z - - - - - - - - - - - J g aLL im - - - - - - - - - - - - - - - - - - W N — — — — — — — — - - - - - - - - - - D TOTAL$ ` m LL c cn W a No-1048534 CUMTONIER COPY i � i• e CArt / Messenger Sere747963 GROUND Jrl SERVICE CORPEX❑ RUSH❑ REGULAR❑ N/D❑ � IIIfII .- COURT: PLAINTIFF: O.C. CORPORATE COURIER, INC. 18103 Skypark S., Suite B • I Irvine, CA 92614 CASE NO.: DEFENDANT: I , i (949)474-9000 Fax(949)474-7442 24 HOUR SERVICE 1 DOCUMENTS: " ACCOUNT# SPECIAL INSTRUCTIONS 9201 30G 4 DATE00 PAL,NITERT T'((..F a CLIENT N ADDRESS SUIT ` i S,F,n k M41 N c T CITY STATE ZIP CI o ! TRVTNi7 C'A q2(--,1 4 AUTHORIZED BY PHONE 94,� •O I l ��1--Q �! 881 -9400 1I CLIENT FILE# TO COMPANY NAME } w U I ADDRESS SUITE �Z UU CITY ) STATE ZIP 0 I ATTW I PHONE TERMS OF PAYMENT i lx VVV 2%15 days.Net 30 days.Past due account will be charged-2%per month(24%annually) i PICK UP FROM I I COMPANY NAME LIABILITY CONDITIONS Liability for loss or damage to items is limited to$250.00.Carrier assumes no responsibility to make' ' ADDRESS SUITE deliveries at a given time or for consequential damages.Every effort is made for fast service but a reasonable amount of time must be allowed.Checks accepted for C.O.D.'s at shipper's risk. CITY STATE ZIPr' + RECIPIENT TIME D TE I PHONE# PICK-UP DRIVER DELIVERY DRIVER lip RECIPI8NT COPY RANSMISSI0N VERIFICATION REPORT TIME 10/21/2002 10:35 DATE DIME 10/21 10:34 FAX NO./NAME 919496465006 DURATION 00:00:55 PAGE(S) 03 RESULT OK MODE STANDARD ECM Connie Brockway, City Clerk City of Huntington Beach' Office of the City Clerk P.O. Box 190 r Huntington Beach, CA 92648 '" �:'-'•-• .:Jr.•*..� r�R: � 159-451-64 �•rsr.�ti.• __"=- i� !f L=: _ _ . IN6tp', HE HAMPTONS HO WNERS 333 S HOPE is FL38 -_:i•` y LOS ANG S CA. 9007� Ntr ca LEGAL NOTICE -P � _, �� y,JOI L I Connie Brockway, City Clerk City of Huntington Beach Office of the City Clerk P.O. Box 190 Huntington Beach, CA 92648 Z �J 4Z45 . .. 19 159- INGtpy WATSS333 LOS 5*1 �ppNIca TY ,.LEGAL NOTICE - PU 3� �HN NGr�R_, �_ b9 ���U. L