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Home My WebLink About1995-04-11MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, APRIL 11, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE A A P A P P P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker 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. None B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 95-13: APPLICANT/ Bianca E. Tedesco PROPERTY 5652 Edinger Avenue OWNER: Huntington Beach, CA 92649 LOCATION: 5652 Edinger Avenue (South side of Edinger, between Springdale and Graham) Conditional Use Permit No. 95-13 is a request by Blanca E. Tedesco to establish a large family day care use within an existing single family home. The applicant proposes to care for a maximum of twelve (12) children. STAFF RECOMMENDATION: Staff recommends approval of the day care home because: ♦ The property and operator can provide sufficient indoor and outdoor play area for 12 children. ♦ There have been no problems/concerns with the applicant's current license for six (6) children. ♦ Parking for drop-off and pick-up can be provided both on Edinger Avenue and the alley behind the home. ♦ The property is surrounded by a six (6) foot high solid masonry wall for the protection of the children and the adjacent neighbors. ♦ Noise concerns can be minimized because the property is surrounded by a six (6) foot high wall and all outdoor play will be supervised. ♦ The use is compatible with other single family homes in the vicinity and with a nearby large family day care home. ♦ The home can meet all health and safety requirements of the City Fire Department and the State Department of Social Services. ♦ The use is consistent with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Bianca E. Tedesco, applicant, stated she was available to answer questions. Commissioner Kerins asked Ms. Tedesco what would happen if her one (1) employee were to get sick. Ms. Tedesco stated that she would have another person available to come in under these circumstances. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY TILLOTSON, SECOND BY SPEAKER, TO APPROVE CONDITIONAL USE PERMIT NO.95-13 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden, Livengood, Gorman ABSTAIN: None MOTION PASSED PC Minutes - 4/11/95 2 (p=027) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-13: 1. The establishment, maintenance and operation of the large day care use (up to 12 children) within an existing single family residential use will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. With the conditions imposed, the large family day care home will not generate adverse traffic or noise impacts to the surrounding neighborhood. Drop-off and pick-up opportunities are available both in front of the home on Edinger and behind the home in the alley. The property is surrounded by a six (6) foot tall masonry wall and all outdoor play will 100% supervised. 2. The location, site layout, and design of the large day care home is properly adapted to streets, driveways, and other adjacent structures and uses in a harmonious manner. Because the large family day care home will operate out of an existing 1,898 square foot single family residence and will utilize the rear yard for outdoor play, the use is compatible with other homes in the area. No alterations to existing improvements are necessary for the large family day care home. 3. The granting of Conditional Use Permit No. 95-13 will not adversely affect the General Plan of the City of Huntington Beach. The proposed large family day care home, for up to 12 children, is consistent with the Low Density Residential land use designation of the City's General Plan. The General Plan promotes and encourages day care facilities for the community. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-13: 1. The site plan and floor plans received and dated February 7, 1995, shall be the conceptually approved layout. 2. Fire Department requirements to be completed and inspected prior to operation: a. Smoke detectors shall be installed per Uniform Building Code Section 1210. b. Provide one 2A/IOBC portable fire extinguisher at location specified by the Fire Department. c. Provide fire alarm per Uniform Building Code Section 1218e. d. Exit doors, including manually operated horizontal sliding doors shall be operable from the inside without use of a key or any special knowledge or effort. No bars or grills shall be placed on any window. PC Minutes - 4/11/95 3 (p=027) 3. The use shall conform to the following: a. Hours of operation shall be limited to between 6:00 AM - 5:30 PM, Monday through Friday. b. All parents and guardians shall be informed that drop-off and pick-up is available both on Edinger Avenue and in the alley behind the home. No vehicle shall block the alley; therefore, the driveway shall be available for parent's use during all hours of operation. 4. The applicant shall obtain and provide evidence of a City business license and State Department of Social Services License for child day care prior to operation of the large family day care. 5. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. CODE REOUIREMENTS: 1. The applicant will be responsible for the payment of the Traffic Impact Fees to the Public Works Department prior to operation of the large day care home. 2. Conditional Use Permit No. 95-13 will 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 Division a minimum 30 days prior to the expiration date. B-2 ZONING CODE AMENDMENT NO. 95-3: APPLICANT: City of Huntington Beach, Community Development Department, 2000 Main Street, Huntington Beach, CA 92648 LOCATION: Properties zoned with a floodplain overlay, -FP I, -FP2, -FP3 Zoning Code Amendment No. 95-3 is a request to amend Chapter 222, F000dplain Overlay District, of the Zoning and Subdivision Ordinance. Following adoption of the new Zoning and Subdivision Ordinance, staff forwarded a copy of the floodplain provisions to the Federal Emergency Management Agency (FEMA). FEMA identified provisions that are not in compliance with the requirements of the National Flood Insurance Program (NFIP). The amendment will ensure the City remains in compliance with NFIP. PC Minutes - 4/11/95 4 (p=027) STAFF RECOMMENDATION: Staff recommends approval of the request for the following reasons: The proposed zoning code amendment will amend the provisions to ensure compliance with the requirements of the National Flood Insurance Program. • The amendment will continue to minimize flood losses to properties located in the special flood hazard areas within the City. The amendment clarifies the flood protection methods for property within the floodplain overlay districts. The amendment will continue to preserve the quality of life and protect the value of properties and improvements in the City. Commissioner Kerins asked staff the status on City Council's pursuit of reduction in cost for insurance for the floodplain areas. Staff stated that in the future the Orange County Environmental Agency will remove some of our floodplain areas; 1997 is the estimated time line. Staff also stated that the City has applied to FEMA for participation in the Community Rating System, where costs will be reduced if certain criteria are met. A MOTION WAS MADE BY KERINS, SECOND BY TILLOTSON, TO APPROVE ZONING CODE AMENDMENT NO. 95-3 WITH FINDINGS AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden, Livengood, Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - ZONING CODE AMENDMENT NO. 95-2: The zoning code amendment to amend floodplain overlay district provisions will continue to minimize flood losses to properties located in the special flood hazard areas within the City. 2. The zoning code amendment clarifies the flood protection methods for properties within the floodplain overlay districts. 3. The floodplain overlay district provisions as amended will continue to preserve the quality of life and protect the value of properties and improvements in the City. PC Minutes - 4/11/95 5 (pcm027) 4. The floodplain overlay district provisions as amended will ensure compliance with National Flood Insurance Program. 5. The proposed zoning code amendment is consistent with the goals and objectives of the Seismic -Safety Element of the City's General Plan. (Sections 2.2.2 and 2.2.2.1) a. To reduce to acceptable levels, the degree of risk from seismic, flood, and fire hazards to life, property, public investment, and social order in the community. b. To determine relative risk in various parts of the City as a guide to new developments and hazard abatement. c. To aid in the determination of future land uses within zones of potentially higher risk. d. To ensure that structures for human occupancy, critical structures, and other vital emergency facilities are designed to minimize damage from potential hazards so as to continue to function. e. To evaluate levels of risk with respect to damage and costs of corrective measures to mitigate or prevent future damage. f. To encourage public awareness of seismic, flood, and fire hazards and protective measures. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED MARCH 14, 1995 A MOTION WAS MADE BY SPEAKER, SECOND BY TILLOTSON, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 14, 1995, BY THE FOLLOWING VOTE: AYES: Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden, Livengood, Gorman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS None PC Minutes - 4/11/95 6 (pcm027) 11 1 L_ E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Kerins - stated he had nothing substantial to report regarding the April 7, 1995, Bolsa Chica Subcommittee meeting. He stated the next meeting would be held April 14, 1995, and he would report back any significant information. F. COMMUNITY DEVELOPMENT ITEMS Susan Pierce, Associate Planner, stated that a community meeting would be held May 6, 1995, 9:00 AM - 3:00 PM. The meeting involves city officials making neighborhood visits, discussion with the community, invited speakers and public comments. F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING G. ADJOURNMENT A MOTION WAS MADE BY BIDDLE, SECOND BY SPEAKER, TO ADJOURN TO A JOINT CITY COUNCIL STUDY SESSION ON APRIL 24, 1995 AT 5:30 PM AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, TUESDAY, APRIL 25, 1995, BY THE FOLLOWING VOTE: AYES: Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Holden, Livengood, Gorman ABSTAIN: None MOTION PASSED /kjl APPR D BY: ` . 141'end � 4"4 4e-4949/ and Zelefs , ry ecre Planning Commission Chairperson PC Minutes - 4/11/95 7 (p=027)