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HomeMy WebLinkAbout1992-12-01APPROVED 1 20 93 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 1, 1992 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P ROLL CALL: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, P (left 7:30) p Newman, Leipzig A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO, 92-36: APPLICANT: Roy Rinaldi, Rinaldi's Child Care Concerns, Inc. LOCATION: 20451 Craimer Lane Conditional Use Permit No. 92-36 is a request to establish a preschool for 45 children at an existing public school site pursuant to Section 9634.3 of the Huntington Beach Ordinance Code. The preschool is proposing to relocate from their current site at the Bushard School to LeBard School which is east of Brookhurst Street and south of Adams Avenue. The proposed preschool meets all the code requirements for a day care center including adequate indoor and outdoor play area, security fencing and adequate parking. The preschool -is compatible with the Huntington Beach City School District offices currently operating at the school and with the surrounding residential neighborhood. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 92-36 with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Susan Claudius, 10042 Jon Day Drive, spoke in opposition to the request. She stated the possible creation of excessive traffic would be a safety risk to the children in the area. Bruce White, 10152 Crailet, spoke in opposition to request, and submitted letters of opposition from surrounding property owners. He stated his concerns were decline of property values, excessive traffic and the safety of the children. Robert Mirabal, 20402 Craimer Lane, spoke in opposition to the request. He stated his concern of excessive traffic and the safety of the children. Lorraine Amer, 10132 Crailet Drive, spoke in opposition to the request. She reiterated concerns of the previous speakers. - Mary Santostefano, 10142 Crailet Drive, submitted a letter of opposition to the Commission stating her concerns. Jerry Buchanan, representing Huntington Beach School District, stated the project was supported by the School Board. Neil Boodman, 10212 Jon Day Drive, asked if the applicant was related to Jon Rinaldi. Roy Rinaldi, applicant, stated he was not related to Jon Rinaldi. He also spoke to the commission regarding school hours and drop off times. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission asked if the the Homeowner's Association was polled as to opposition or support of the preschool. It was stated that they were not polled. The Commission requested that if approved the preschool advise parents of the dangers of speeding in the area and also notify City Council of the possible problems of speeding in the area. PC Minutes - 12/1/92 -2- (5572d) A MOTION WAS MADE BY RICHARDSON, SECOND.BY. DETTLOFF, TO APPROVE CONDITIONAL USE PERMIT NO. 92-36 WITH FINDINGS AND CONDITIONS OF APPROVAL AND A REQUEST TO FORWARD TO CITY COUNCIL THEIR CONCERN REGARDING THE PRESENT PROBLEM OF SPEEDING THAT OCCURS ON CRAIMER LANE, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 92-36: 1. The proposed preschool is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of low density residential which allows for preschools and day care centers. 2. The location, site layout, and design of the proposed preschool properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The preschool is proposed at an existing school site and is compatible with the Huntington Beach School District offices currently operating there. 3. The combination and relationship of one proposed use to another on a site are properly integrated. The school previously served 450-500 school children and the proposed school is compatible with the Huntington Beach City School District Offices at LeBard School. 4. The access to and parking for the proposed preschool does not create an undue traffic problem because the day care center can be provided with parking as well as adequate ingress and egress. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 92-36: 1. The site plan, floor plans, and elevations received and dated November 20, 1992 shall be the conceptually approved layout. 2. The applicant shall post signs in the parking lot to designate a minimum of five (5) parking spaces for loading and unloading of preschool clients only. 3. The applicant shall submit a copy of the Orange County Social Services license prior to the operation of the day care center. 4. The applicant shall obtain a business license prior to the operation of the day care center. PC Minutes - 12/1/92 -3- (5572d) 5. The use shall conform to the following: a. Children attending the day care center shall be restricted to designated play areas only, unless supervised by an adult. b. The day care center shall comply with all applicable requirements of Chapter 8.40, Noise Control of the Municipal Code. c. Enrollment shall be limited to a maximum of 45 children. 6. The Planning Commission reserves the right to revoke Conditional Use Permit No. 92-36 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 7. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly signed and notarized by the applicant and returned to the Planning Division; and until the ten day appeal period has elapsed. 8. Conditional Use Permit No. 92-36 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. B-2 APPEAL OF ZONING ADMINISTRATOR'S DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 92-17: APPLICANT/ APPELLANT: Fred Hadjian LOCATION: 16182 Pacific Coast Highway This is an appeal of the Zoning Administrator's denial of a request to add a second driveway to an existing commercial/office site. The driveway requires a conditional exception (variance) because there is no internal vehicular circulation between the new driveway and the existing main driveway on the site. The request also includes the provision of an additional parking space and relocation of the existing trash enclosure. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator's action and deny the conditional exception (variance) because it increases the points of ingress/egress on Pacific Coast Highway, it does not meet Caltran's minimum driveway width requirement of 30 feet, vehicles must enter Pacific Coast Highway to PC Minutes - 12/1/92 -4- (5572d) travel to the other side of the site, and,it results in unsafe circulation. In addition, the new parking space is not necessary to be considered in conformance with the parking code and the trash enclosure may be relocated to the south site without also providing complete vehicular access. THE PUBLIC HEARING WAS OPENED. Dick Cahl, 18090 Beach Boulevard, construction engineer representing applicant, explained the request to the Commission. He stated that they were not requesting a new driveway, just use of the existing driveway that was conditioned to be removed. He submitted photos and a video the the Commission. Fred Hadjian, 16182 Pacific Coast Highway, applicant, submitted pictures of the driveway to the Commission. He stated that he bought the property three (3) years ago and has made numerous improvements. He questioned why the driveway needed to be closed. "JP" Peoples, President Huntington Marina Homeowner's Association, spoke in opposition to the request and stated it would cause a hazardous driving situation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission discussed the safety of the driveway and its current use by the applicant. Staff stated that the improvements made were required improvements and they could not be a trade-off for allowing the driveway to remain. A MOTION WAS MADE BY RICHARDSON, SECOND BY SHOMAKER, TO UPHOLD THE ZONING ADMINISTRATOR'S ACTION BY DENYING THE APPEAL OF CONDITIONAL EXCEPTION (VARIANCE) NO. 92-17 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO 92-17: 1. Since the subject property can be fully developed within regular established setbacks, such a conditional exception for an additional driveway along Pacific Coast Highway for the existing office building and with no on -site internal circulation is not necessary for the preservation and enjoyment of substantial property rights. The renovation of the existing commercial building, approved under Use Permit No. 90-18 and Conditional Exception No. 90-19, complied with the parking requirements based on the code at that time. The additional driveway, has PC Minutes - 12/1/92 -5- (5572d) the potential to create additional vehicle, bicycle, and pedestrian conflicts along Pacific Coast Highway. The additional parking space does not warrant the conflicts between vehicles entering and exiting the site, and reduction in landscaping. In addition, there is a design option available to the applicant which is to access the southerly portion of the site from an adjoining lot. 2. Granting of Conditional Exception (Variance) No. 92-17 for an additional driveway along Pacific Coast Highway for the existing office building and with no on -site, internal circulation between the two parking areas would constitute a special privilege inconsistent with limitations upon properties in the vicinity. Other parcels along Pacific Coast Highway in the vicinity have only one point of ingress and egress (driveway). 3. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. 4. Although the property is irregular in configuration, the proposed driveway access on the southerly property line will create a hazardous situation with vehicular ingress and egress and northbound traffic on Pacific Coast Highway. 5. The proposed driveway would create awkward circulation movements on -site and cause potential ingress and egress conflicts on an arterial highway. The driveway width is only 18 feet in width (27' minimum is required by the city) which is not wide enough to accommodate adequate two-way maneuvering into and out from the site. 6. The driveway will result in a loss of on -site landscaping and open space area pursuant a previously approved use permit which justified a variance for reduced planter width (1' 6" in lieu of 10') along Pacific Coast Highway next to the northerly parking area. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED SEPTEMBER 15, 1992: A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED SEPTEMBER 15, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED PC Minutes - 12/1/92 -6- (5572d) C-2 PLANNING COMMISSION MINUTES DATED SEPTEMBER 22, 1992: A MOTION WAS MADE BY RICHARDSON, SECOND BY DETTLOFF, TO APPROVE THE PLANNING COMMISSION MINUTES DATED SEPTEMBER 22, 1992, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: Richardson MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 89-20 WITH SPECIAL PERMITS/TENTATIVE PARCEL MAP NO. 89-230/COASTAL DEVELOPMENT PERMIT NO. 89-9 - ONE (1) YEAR EXTENSION OF TIME: APPLICANT: Peter Baron, Baron Investment LOCATION: 115 Eighth Street (west site of Eighth Street, approximately 175 feet north of PCH) Baron Investment Company has requested a one (1) year extension of time for Conditional Use Permit No. 89-20 with Special Permits, Tentative Parcel Map No. 89-320 and Coastal Development Permit No. 89-4, a request to construct a three (3) story, four (4) unit townhouse project. The applications were originally approved by the Planning Commission on August 1, 1989, and extended for one (1) year on September 17, 1991. Based on the reasons contained in the applicant's letter dated September 10, 1992, the applicant is requesting a one (1) year extension of time. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve a one (1) year extension of time to September 17, 1993. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 89-20 WITH SPECIAL PERMITS, TENTATIVE PARCEL MAP NO. 89-320 AND COASTAL DEVELOPMENT PERMIT NO. 89-9 WITH ALL PREVIOUS CONDITIONS OF APPROVAL TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED Bourguignon, Richardson, Shomaker, Dettloff, PC Minutes - 12/1/92 -7- (5572d) D-2 CONDITIONAL USE PERMIT NO, 91-57 WITH SPECIAL PERMITS/CONDITIONAL EXCEPTION (VARIANCE) NO. 91-47/COASTAL DEVELOPMENT PERMIT NO. 91-29 - ONE (1) YEAR EXTENSION OF TIME: APPLICANT: Tekstra Enterprises LOCATION: 1014 and 1016 Pacific Coast Highway Tekstra Enterprises has requested a one (1) year extension of time for Conditional Use Permit No. 91-51 with Special Permits, Conditional Exception (Variance) No. 91-47 and Coastal Development Permit No. 91-29 for the construction of two (2) new single family residences. The applications were approved by the Planning Commission on November 5, 1991. Based on the reasons contained in the applicant's letter dated November 4, 1992, the applicant is requesting a one (1) year extension of time. STAFF RECOMMENDATION: Staff recommends the Planning Commission approve a one (1) year extension of time to November 5, 1993. A MOTION WAS MADE BY SHOMAKER, SECOND BY RICHARDSON, TO APPROVE A ONE (1) YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 91-51 WITH SPECIAL PERMITS, CONDITIONAL EXCEPTION (VARIANCE) NO. 91-47 AND COASTAL DEVELOPMENT PERMIT NO. 91-29 WITH ALL PREVIOUS CONDITIONS TO REMAIN IN EFFECT, BY THE FOLLOWING VOTE: AYES: Inglee, Bourguignon, Richardson, Shomaker, Dettloff, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Richardson - spoke in reference to a staff report (B-5) heard at the Planning Commission meeting of November 17, 1992. His concern was related to a measurement given by the applicant that was later found to be incorrect and could possibly have had an affect on the outcome of the vote. Commissioner Richardson asked the Commission if they wished to vote for a reconsideration of the vote because of the discrepancy. The Commission did not want to reconsider their vote. The staff stated that they would attempt to verify any numbers given to Commission, so they can base their decision on the correct facts. PC Minutes - 12/1/92 -8- (5572d) 1 Commissioner Leipzig - stated that the area maps usually included in the staff reports had been omitted. Staff said they would include the map in all future reports. Commissioner Leipzig also stated that the large fold out maps included in the packet were not necessary if they had the reduced versions. He suggested that they be eliminated to save cost and time and the Commission agreed. Commissioner Inglee - stated that he felt there was too much repetition in the staff report. He asked if it could be summed up in some type of Executive Summary, or streamlined in some way. Staff suggested a workshop in January of 1993, when the new Commission is in place, to discuss changes to the staff report that would reflect their concerns. Chairperson Shomaker - congratulated Commissioner Leipzig on his election to the City Council. She commended him on his hardwork as a Planning Commissioner and wished him well. Commissioner Leipzig - thanked Commissioner Shomaker and congratulated her on her service as Chairperson. F. COMMUNITY DEVELOPMENT ITEMS None G . ADJOURNMENT A MOTION WAS MADE DECEMBER 15, 1992 FOLLOWING VOTE: AYES: Inglee, Leipzig NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kj 1 BY SHOMAKER, SECOND BY LEIPZIG, TO ADJOURN TO THE REGULARLY SCHEDULED MEETING AT 7:00 P.M. BY THE Bourguignon, Richardson, Shomaker, Dettloff, APPROVE BY G� ZyVI Mike Ad ms, S cretary 114 P1 nning Commission Chairperson PC -Minutes - 12/1/92 ME (5572d)