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Home My WebLink About1994-12-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, DECEMBER 13, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P A P ROLL CALL: Kerins, Gorman, Inglee, Richardson, Newman, Biddle AGENDA APPROVAL 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. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO.94-33 APPLICANT: Gary C. Maxwell, Maxwell & Associates, 367 E. 18th Street Apt. #4, Costa Mesa, CA 92627 LOCATION: 20582 Pebble Lane Conditional Use Permit No. 94-33 is a request by Mr. Gary C. Maxwell to establish a large family day care use for up to 12 children out of an existing single family residence. The Huntington Beach Ordinance Code requires approval of a Conditional Use Permit for a child day care facility for 7-12 children. The proposed child day care use complies with all zoning code provisions for a large family day care, including minimum indoor and outdoor play areas. STAFF RECOMMENDATION: Staff supports the applicant's request for large family day care use for the following reasons: Allowing up to 12 children to an established day care home will not be detrimental to the adjacent neighbors or surrounding properties. The proposed day care home provides secured indoor and outdoor play areas in the sizes specified by the Huntington Beach Ordinance Code. The additional traffic and noise generated by the day care home will be negligible. The day care home use is consistent with the Low Density Residential land use designation of the General Plan by providing day care within the immediate vicinity of area residents, and persons working in the area. The child day care use has been in existence since 1984 and has not resulted in any code enforcement complaints other than the recent notice of violation. THE PUBLIC HEARING WAS OPENED. Gary Maxwell, 367 E. 18th, #4, Costa Mesa, applicant, stated that he concurred with staffs recommendation and conditions except for the following: 1. Requested a extension of time for installation of fire alarm; 2. Wording in the condition that would clarify the intent of 12 children; 3. Requested permission for the installation of an outside access gate on the north side of the property; and 4. Waive condition requiring payment of Traffic Impact Fees. Beth Kimble, 20582 Pebble, operator of the day care, stated that she had a state license. She also stated that she had tried to address all the concerns of her neighbors, and that the safety of the children was her primary concern. Karen Vandenbos, 20572 Pebble Lane, adjacent neighbor, spoke in support of the request. Helen Tvelia, 9841 Saline Drive, spoke in support of the request. Barbara J. Miles 20562 Pebble Lane, spoke in support of the request. Kevin Koder, 20592 Pebble Lane, stated that he had written a letter to the Commission in opposition of the request. Mr. Koder stated that if the conditions in the staff report are adopted, he would support the request. PC Minutes - 12/13/94 2 (p=020) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GORMAN, SECOND BY RICHARDSON, TO APPROVE CONDITIONAL USE PERMIT NO.94-33 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-33: 1. The establishment and operation of a large family day care home for up to 12 children in a 2,200 square foot, two (2) story residence is compatible with the surrounding land uses which are residential in nature. Specific conditions of approval, including limiting the hours and days of operation of the day care home, will minimize potential traffic and noise impacts resulting from the day care home. 2. The proposed large family day care home will not have a detrimental effect on persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the day care home will not generate adverse noise and traffic impacts to the surrounding neighborhood. 3. Conditional Use Permit No. 94-33 for establishment of a large family day care home is consistent with the goals and policies contained in the General Plan. The day care home is consistent with the Low Density Residential land use designation of the General Plan. CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 94-33: 1. The site plan and floor plan received and dated October 28, 1994 shall be the conceptually approved layout. 2. Fire Department requirements are as follows: a. A 2A-lOBC fire extinguisher shall be provided in a location specified by the Fire Department within 14 days from the approval date of this conditional use permit. b. Smoke detectors shall be provided per Uniform Building Code Section 1210 within 14 days from the approval date of this conditional use permit. PC Minutes - 12/13/94 3 (p=020) I c. The Fire alarm system shall be provided per Uniform Building Code Section 1218 (e), within 14 days of the approval date of this conditional use permit. d. No bars or grills shall be placed over windows and glass doors. e. Flammable liquid storage shall comply with Article 79 of the Huntington Beach Fire Code. 3. Hours of operation shall be limited to between 7:00 AM - 6:00 PM, Monday through Friday. 4. The maximum number of children shall not exceed 12 as specified on the State of California Department of Social Services License. 5. No signs identifying the day care facility shall be placed on the property. 6. The use shall comply with the following: a. All ingress and egress to the day care facility shall be through the front door. b. Entering and exiting through the side gate shall be prohibited. c. No foot traffic shall occur over adjacent properties. d. The day care operation shall be restricted from using the second floor of the residence. No children shall be permitted on the second floor, with the exception of the operators children. 7. Employees shall park in the garage or on the driveway to reduce parking impacts at the day care use. 8. Evidence of a City Business License for the child day care shall be provided to the Community Development Department within 14 days from the date of this approval. 9. Payment of Traffic Impact Fees to the Public Works Department shall be completed by January 31, 1995. 10. Conditional Use Permit No. 94-33 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 Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. PC Minutes - 12/13/94 4 (pcm02O) CODE REQUIREMENTS: 1. The use shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 33 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 4. Loading and unloading of children from vehicles shall only be permitted on the driveway or on the public street directly in front of the facility. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED NOVEMBER 22, 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO APPROVE THE PLANNING COMMISSION MINUTES OF NOVEMBER 22, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1 CONDITIONAL USE PERMIT NO. 80-15 (REVISION) APPLICANT/ PROPERTY OWNER: LOCATION: Ninos I, 1805 E. Garry Avenue, Ste. 100, Santa Ana, CA 92705 16562 and 16582 Gothard Street (southeast corner Gothard Street and Heil Avenue) PC Minutes - 12/13/94 5 (p=020) Conditional Use Permit No. 80-15 (R) is a request to amend the list of permitted uses in a mixed -use project to include a used book store. Staff is also recommending that the list be modified to include thrift stores in general; the current list includes a specific thrift store. STAFF RECOMMENDATION: The used book store is similar to other retail uses in the project. The proposed tenant also meets the original intent of the project: to accommodate uses that require warehouse space. There is also adequate parking for the book store because the project was approved for commercial uses, including retail establishments. Therefore, staff is recommending the Planning Commission approve the inclusion of used book stores on the list of permitted uses and that the list be amended to include thrift stores as a general category. Discussion ensued among the Commissioners regarding how they could assure that the thrift shops would not be junk shops or pawn shops. Staff stated that they could condition it to be non-profit only, but the current definition of thrift shops has no such language and that they are currently allowed in all commercial districts within the city. A MOTION WAS MADE BY KERINS, SECOND BY GORMAN TO APPROVE THE AMENDMENT TO RESOLUTION NO. 1258 TO INCLUDE AS PERMITTED RETAIL USES THRIFT STORES AND USED BOOK STORES, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS/INQUIRIES Commissioner Inglee - presented a plaque and a gavel to former Planning Commissioner, Shirley Dettloff, thanking her for exceptional service as a Planning Commissioner and Chairperson. F. COMMUNITY DEVELOPMENT ITEMS Howard Zelefsky, Planning Director, thanked the Planning Commissioners for this year's service. Mr. Zelefsky also stated that Planning Commissioner's Workshop, conducted by staff, is being planned for all day on January 6, 1995 for the new Planning Commissioners. PC Minutes - 12/13/94 6 (p=020) 1 G. ADJOURNMENT Adjourn to Studio Cafe, 300 PCH, for a holiday dinner, and then to the Planning Commission's Workshop on January 6, 1995. A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON TO ADJOURN TO STUDIO CAFE FOR A HOLIDAY DINNER, AND THEN TO THE PLANNING COMMISSION'S WORKSHOP ON JANUARY 6, 1995, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Richardson, Biddle NOES: None ABSENT: Newman ABSTAIN: None MOTION PASSED /kjl PC Minutes - 12/13/94 7 (p=020)