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HomeMy WebLinkAbout1995-06-27APPROVED 7/25/°5 ---------------- ---------------- MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 27, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:00 PM (This Portion Televised) PLEDGE OF ALLEGIANCE P P P A P P P ROLL CALL: Holden, Livengood, Biddle, Gorman, Kerins, Tillotson, Speaker AGENDA APPROVAL GENERAL PLAN UPDATE PRESENTATION NO.2 REGULAR MEETING - 7:00 PM 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.. Gus Ayer, 17135 Reimer Street, Fountain Valley, stated his concern that impacts to neighboring cities of Huntington Beach had not been taken into account in the Circulation Element of the General Plan, which is in the process of being updated. He asked that the Planning Commission consider this in their discussions and public hearings. B. PUBLIC HEARING ITEMS B-1 CONDITIONAL USE PERMIT NO. 93-1R (CONTINUED FROM THE MARCH 28. 1995 PLANNING COMMISSION MEETING): APPLICANT: Rosalie Taddeo, 7344 Center Avenue, Huntington Beach, CA 92647 LOCATION: 7344 Center Avenue Conditional Use Permit No. 93-1R represents a request to expand an existing adult business into an adjacent suite and to modify conditions of approval applicable to hours of operation. The adult business consists of the retail sales of sexually explicit materials, and was authorized by the Planning Commission's approval of Conditional Use Permit No. 93-1. Adult businesses are subject to conditional use permit approval and compliance with locational criteria. This request was continued from the Planning Commission meeting of March 28, 1995, to allow the City Council to consider a Zoning Text Amendment (ZTA) to the locational criteria applicable to adult businesses. The City Council adopted revised criteria which allows the Planning Division to continue processing this request. STAFF RECOMMENDATION: Staff is recommending approval of the request with conditions based on the following: ♦ It complies with the provisions of the recently amended Adult Business Ordinance locational criteria (ZTA No. 95-2) of the Zoning and Subdivision Ordinance. ♦ Sufficient parking is available for the expansion. ♦ The adult business has been operating at this location in manner compatible with other uses in the immediate vicinity for three (3) years. ♦ Expansion of hours of operation will be compatible with other retail commercial businesses in the vicinity. ♦ It is in conformance with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Jerry Kline, 7344 Center, property owner, stated that the applicant has been in operation in this center for three (3) years, and during that time has been a good tenant, a good neighbor, and has received no complaints from adjacent businesses. Mr. Kline stated his support for the expansion. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/27/95 2 (pcm031) The Commission discussed the interpretation of the code section that stated "educational facility frequented by minors." In a previous evaluation by the Planning Commission of 1993, it had been determined by that Commission that "educational facility frequented by minors" did not include Golden West College. Some of the current Planning Commissioners did not concur with that interpretation and spoke against the expansion. It was stated that, since Golden West College submitted information confirming that there are currently classes available to all age groups, the college was frequented by minors. A MOTION WAS MADE BY LIVENGOOD, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO. 93-1R WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Livengood, Biddle NOES: Holden, Kerins, Tillotson, Speaker ABSENT: Gorman ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO DENY CONDITIONAL USE PERMIT NO.93-1R WITH THE FINDING THAT GOLDENWEST COLLEGE WAS FREQUENTED BY MINORS AND LESS THAN 500 FEET FROM THE ADULT BUSINESS, BY THE FOLLOWING VOTE: AYES: Holden, Kerins, Tillotson, Speaker NOES: Livengood, Biddle ABSENT: Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 93-1R: 1. Based on new evidence the Planning Commission determined that Golden West College is an "educational facility frequented by minors." 2. The adult business is located within 500 feet of an "educational facility frequented by minors." Therefore, it does not comply with the locational criteria applicable to adult businesses. PC Minutes - 6/27/95 3 (pcm031) B-2 CONDITIONAL USE PERMIT NO. 95-40: APPLICANT: Grace Lutheran School, 6931 Edinger Avenue, Huntington Beach, CA 92647 LOCATION: 16081 Waikiki Lane -Haven View School (southwest corner of Edinger Avenue and Waikiki Lane, approximately 600 feet west of Bolsa Chica Street) Conditional Use Permit No. 95-40 represents a request to establish a private school at a closed elementary school site. The private school consists of day care before and after school and grades kindergarten through six. The private school will occupy all buildings presently located at Haven View School and utilize all 18 classrooms. Beginning enrollment will include 250 students with a staff of 20. Future expansion during the next three years is anticipated to be 350 students with a staff of 25. Maximum class size ranges from 22 students in grades K-2 and 24 students in the other grades. The school has entered into a lease agreement with the Ocean View School District for a three year period plus two additional years if both parties deem it beneficial. STAFF RECOMMENDATION: Staff is recommending approval of the request with conditions based on the following: • It complies with the provisions of the Zoning and Subdivision Ordinance applicable to properties zoned Public -Semipublic District. Sufficient parking is available for the private school use. • The site will continue to provide educational opportunities for the vicinity. • It is in conformance with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Dan McAllister, 8301 Elmcrest Lane, stated that the school would not create a traffic problem in the area as staff had stated in suggested finding no. 2.b., and was concerned with the fact they would be required to pay a traffic impact fee. Mr. McAllister also stated his concern regarding the condition to install landscaping, as this is a temporary request the cost would be a great hardship. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes - 6/27/95 4 (p=031) 1 The Commission questioned staff as to the necessity of the traffic impact fee. Staff stated that the City is currently having problems with other schools of this nature. Staff stated that a traffic impact analysis was necessary to establish a pattern and then be able to mitigate any problems. The majority of the Commission believed that the need for landscaping would be a hardship. They also stated after three (3) years the continuation of this application could be extended by the Planning Commission rather than the Director as recommended by staff with no application costs. A MOTION WAS MADE BY LIVENGOOD, SECOND BY TILLOTSON, TO APPROVE CONDITIONAL USE PERMIT NO.95-40 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-40: I. The proposed private school with day care will not adversely affect the General Plan, and it is consistent with the General Plan land use designation of Residential Low Density and the Public -Semipublic zoning designation of the Huntington Beach Zoning and Subdivision Ordinance. Institutional uses such as schools are encouraged within residential areas subject to conditional use permit approval and land use compatibility. 2. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood because: a. The proposed private school will be located at a closed public school site and in buildings that are properly adapted to streets, driveways, and adjacent uses in an harmonious manner; b. The access to and parking for the private school does not create an undue traffic problem; c. The private school will continue to provide educational opportunities to the vicinity; d. Proposed enrollment of 350 students is less than peak enrollment at Haven View School and comparable to enrollment at close of the public school; and PC Minutes - 6/27/95 5 (pcm031) e. Sufficient parking is available for the private school. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-40: 1. The site plan received and dated May 9, 1995, and floor plans received and dated May 26, 1995, shall be the conceptually approved layout. 2. This approval shall be valid for three years and may be extended by the Planning Commission, at no additional cost to the applicant, upon notice that the lease agreement has been renewed. 3. Total enrollment shall not exceed 350 children without prior approval by the Planning Commission. 4. Hours of operation shall be restricted to 7:00 AM to 6:00 PM, Monday -Friday, except for occasional open house type events and special seasonal events. 5. Fire Department requirements are as follows: a. Prior to occupancy, an approved fire alarm system shall be required per the Huntington Beach Fire Code. b. Provide fire extinguishers per the Huntington Beach Fire Code. 6. Prior to Final Inspection or Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning and Subdivision Ordinance and Title 24 of the California Administrative Code. c. Compliance with all conditions of approval specified herein shall be accomplished. 7. The three (3) acre portion of the site used as Haven View Park shall continue to be retained by the city for park purposes. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Municipal Code. If at that time the Director determines a need to modify or add a condition of approval, a public hearing will be held by the Planning Commission. PC Minutes - 6/27/95 6 (pcm031) I 9. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Municipal Code occurs. CODE REQUIREMENTS 1. The private school shall comply with all applicable provisions of the Zoning and Subdivision Ordinance, Building Division, Municipal Code and Fire Department. 2. All applicable Public Works fees shall be paid. 3. Traffic Impact Fees shall be paid at the time of final inspection or certificate of occupancy. 4. Conditional Use Permit No. 95-40 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 Director pursuant to a written request submitted to the Planning Division a minimum of 30 days prior to the expiration date. B-3 APPEAL OF THE ZONING ADMINISTRATOR'S DENIAL OF VARIANCE NO. 95-2: APPLICANT: Angela Dennis, 7931 Professional Circle, #100, Huntington Beach, CA 92648 APPELLANT: James and Dorian Knape, 302 20th Street, Huntington Beach, CA 92648 LOCATION: 302-20th Street (northeast corner of 20th Street and Olive Avenue) An appeal was filed by James and Dorian Knape, property owners of the subject site, of the Zoning Administrator's denial of Variance No. 95-2, a request to exceed the minimum allowable site coverage with the addition of a patio enclosure. The request proposes 58 percent site coverage in lieu of the 50 percent allowed by the Huntington Beach Zoning and Subdivision Ordinance. The appeal letter argues that the traffic, pollution and noise from the surrounding streets and uses prohibit the property owners from enjoying their property rights and that the parcel's location on the corner of 20th Street and Olive Avenue subjects it to more hardship than other parcels in the vicinity. The appellants also argue that granting the variance would not be detrimental to the public welfare or contrary to the General Plan. PC Minutes - 6/27/95 7 (p=031) STAFF RECOMMENDATION: Staff recommends the Planning Commission uphold the Zoning Administrator's action and deny Variance No. 95-2 because: • There does not appear to be exceptional circumstances applicable to the land, buildings or premises involved that do not apply generally to property or type of uses in the same district. The subject property is standard size and shape. • Granting of the variance would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property is developed in a manner consistent with applicable zoning laws, is already developed at the maximum site coverage of 50 percent, and no other properties in the vicinity have received such a variance. THE PUBLIC HEARING WAS OPENED. James & Dorian Knape, 302-20th Street, property owners, stated that their patio retaining wall was six (6) feet in height if measured from the street, but from inside the patio it measured only three (3) feet. They stated that they did have a hardship of loud renting neighbors and wished to build'the enclosure for privacy. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER TO APPROVE THE APPEAL AND OVERTURN THE ZONING ADMINISTRATOR'S DENIAL OF VARIANCE NO.95-2, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Biddle, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - VARIANCE NO. 95-2: 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed enclosure does not add visible bulk to the existing structure. PC Minutes - 6/27/95 8 (p=031) 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. There is a grade differential of approximately 3 feet between the grade on the lot and the street. The 6 foot maximum fence height measured from the sidewalk does not provide adequate separation from street noise or allow privacy to the homeowner. The subject property is located across the street from multi -family residential and adjacent to a street that generates excess traffic and noise. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The enclosure will allow the property owners to enjoy the patio without noise, traffic, and pollution generated from adjacent sources. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The proposed enclosure does not add visible bulk to the existing structure. CONDITIONS OF APPROVAL - VARIANCE NO. 95-2: The site plan and elevations received and dated February 28, 1995, shall be the conceptually approved layout. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department. 2. Variance No. 95-2 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 Director pursuant to a written request submitted to the Planning Division a minimum of 30 days prior to the expiration date. C. CONSENT CALENDAR None D. NON-PUBLIC HEARING ITEMS None PC Minutes - 6/27/95 9 (pcm031) E. E-1 F. F-1 F-2 PLANNING COMMISSION ITEMSANOUIRIES Commissioner Livengood - asked staff if any action had been taken against their decision to condition a stop sign at Education Lane and Constitution Drive on Site Plan Amendment No. 94-2. Staff stated that their action had been appealed by a City Council Member. Staff also stated that they have requested a legal opinion from the City Attorney's office to determine if the Planning Commission has a right to require stop signs in conditions of approval. If it is determined that the Planning Commission does have this right, the City Council Member will withdraw the appeal. Commissioner Biddle - asked staff to investigate auto repair shops that may be hosing toxic chemicals into the drain systems. Fire Department stated that they would investigate. PLANNING COMMISSION SUBCOMMITTEE REPORTS Commissioner Kerins - relayed the City Council Bolsa Chica Subcommittee report to the Commission. COMMUNITY DEVELOPMENT ITEMS CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director - restated actions taken at the previous City Council meeting and informed the Commission of upcoming City Council agenda items. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Assistant Planner - reviewed the pending items for the July 11, 1995 and July 25, 1995, Planning Commission meetings. PC Minutes - 6/27/95 10 (pcm031) 1 I 1 G. ADJOURNMENT Adjourn to the July 10, 1995, Joint City Council/Planning Commission study session at 5:30 PM. A MOTION WAS MADE BY KERINS, SECOND BY SPEAKER, TO ADJOURN TO A 5:30 PM JOINT CITY COUNCIL/PLANNING COMMISSION STUDY SESSION, JULY 10, 1995, AND THEN TO THE REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, TUESDAY, JULY 11, 1995, BY THE FOLLOWING VOTE: AYES: Holden, Livengood, Kerins, Tillotson, Speaker NOES: Biddle ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl APPR D BY: o rd Zelefs , S retary V) Planning Commission Chairberson PC Minutes - 6/27/95 11 (p=031)