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Home My WebLink About1998-08-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 5, 1998 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joseph Thompson, Ricky Ramos, Peter Vanek MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.98-45 (GREAT ADVENTURES LEARNING CENTER) APPLICANT: Sharon Jensen, 320 N. Park Vista, #149, Anaheim, CA 92802 PROPERTY OWNER: Pacific Coast Community Church, 17551 Newland, Huntington Beach, CA 92647 REQUEST: To establish a day care facility in an existing building (Pacific Coast Community Church). LOCATION: 17551 Newland (west side of Newland, south of Slater) PROJECT PLANNER: Joe Thompson Joseph Thompson, Staff Planner, displayed a site plan stating that the request is to establish a day care facility at an existing church located on the west side of Newland Avenue, south of Slater Street. The day care facility is currently located at the Crest View Elementary School site, and is being forced to relocate due to the proposed Wal Mart project. The facility is licensed for 52 pre-school age children with 45 presently enrolled and five (5) full time employees. Hours of operation are from 6:00 AM to 6:00 PM on weekdays with no church activity to occur during those times. Children will be dropped off in the existing church parking lot, which is large enough to accommodate the proposed use. The applicant proposes to construct a sidewalk across the grassy area from the parking lot to the day care facility for pedestrian linkage. The applicant is also proposing to enclose a 6,400 square foot grassy area for a play yard. Staff is recommending approval of the proposed request, with the conditions of approval imposed, as the use will be compatible with the surrounding area and is consistent with the General Plan land use designation of Medium Density Residential. Staff has not received any negative comments from the public. THE PUBLIC HEARING WAS OPENED. Sharon Jensen, 18052 Lisa Lane, applicant, concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.98-45 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-45: 1. Conditional Use Permit No. 98-45 for the establishment, maintenance, and operation of a children's day care facility with 52 children and five (5) full time employees 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 use will be accommodated within an existing classroom building on an existing church site and no physical alterations to the building are proposed as part of this project. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Ordinance since adequate parking is provided and the use does not coincide with any church activities. 2. The conditional use permit will be compatible with the surrounding residential uses. Other than a fenced -in play area, no physical alterations to the property are proposed as part of this project. In addition, required parking will be provided on the site, and specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care use. 3. The proposed establishment of a children's day care facility with 52 children and five (5) full time employees will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific conditions required for the proposed use in the district in which it would be located. No construction to any of the buildings on the church site will occur as part of the establishment of the day care facility. 4. The granting of the Conditional Use Permit # 98-45 will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density (RM) on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-45: 1. The site plan, floor plans, and elevations received and dated June 9, 1998 shall be the conceptually approved layout with the following modifications: a. The driveway located at the northern property line shall be maintained, signed and marked as a dedicated fire lane per Huntington Beach Fire Code Standards. (FD) b. A concrete sidewalk shall be installed from the parking lot to the entrance of the day care facility. Said sidewalk shall comply with the Uniform Building Code. (BD) ZA Minutes — 8/5/98 2 (98ZM0805) c. A five-foot high chain link fence shall be installed around the proposed play yard. The chain link fence shall have a minimum setback from the parking lot of 5 feet and a minimum setback from the rear property line of 15 feet. The fence shall include a gate at the entrance of the sidewalk and double gates adjacent to the parking lot. Gates shall be designed to comply with City Specification No. 403. (FD) 2. Prior to issuance of the Certificate of Occupancy, the following requirements shall be met: a. One (1) 2A/1013C fire extinguisher will be provided. (FD) b. Smoke detectors will be installed and located to comply with Huntington Beach Fire Code Standards. (FD) c. A fire alarm system will be installed to comply with the Uniform Building Code and shall be approved by the Fire Department. (FD) d. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Department and the California Administrative Code, Title 24. (FD) e. No bars or grills shall be placed on the windows. (FD) 3. The use shall comply with the following: a. Hours of operation shall be limited to between 6:00 AM and 6:00 PM, Monday through Friday. b. Outdoor play and other outdoor activities associated with the day care use and occurring on the property shall be limited to between 8:00 AM and 6:00 PM, Monday through Friday. c. No enrollment over 52 children, including operator's and/or employee's children, shall be permitted at the day care facility. d. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. e. Loading and unloading of children from vehicles shall only be permitted within the existing church parking lot. 4. Evidence of a City Business License reflecting the new address for the day care use shall be submitted to the Department of Community Development within 14 days from the end of the appeal period. 5. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the use are proposed. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes — 8/5/98 3 (98ZM0805) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98=45 shall not become effective until the ten-day appeal period has elapsed. 2. All signs require separate permits. 3. Conditional Use Permit No. 98-45 shall become null and void unless exercised within one 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 Department of Community Development a minimum 30 days prior to the expiration date. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-45 pursuant to a public hearing for revocation, if any violation of these conditions, the Huntington Beach Zoning and Subdivision Ordinance, or the Municipal Code occurs. 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. The applicant shall submit a check in the amount of $38.00 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 Department of Community Development within two (2) days of the Planning Commission's action. ITEM 2: VARIANCE NO.98-10 (GERGEN GARAGE) APPLICANT/ PROPERTY OWNER: Joseph Gergen, 927-1oth Street, Huntington Beach, CA 92648 REQUEST: To allow the construction of a 1,320 square foot detached garage which exceeds ten (10) percent of the lot size. LOCATION: 927-1oth Street (north side of IOth Street, 200 feet east of Main Street) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, stated that the applicant has submitted a written request for a one (1) month continuance to allow the applicant to explore possible solutions to remedy the need for a variance. THE PUBLIC HEARING WAS OPENED. Arline Howard, 917-10th Street, representing the applicant, stated that the garage is not a proposed request as it is already a completed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. VARIANCE NO.98-10 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE SEPTEMBER 2, 1998 MEETING WITH RE'NOTIFICATION OF THE PUBLIC HEARING. ZA Minutes — 8/5/98 4 (98ZM0805) LJ THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 12,1998 AT 1:30 PM. Herb Fauland ,Zoning Administrator :kjl ZA Minutes — 8/5/98 5 (98ZM0805)