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HomeMy WebLinkAbout1999-02-09MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 9,1999 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM (Room B-8) SANDOVER/16 UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT (LAS PATOS/BOLSA CHICA) (5:30 — 5:45 PM) — Wayne Carvalho IIAMPTONS IU13 UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT (GARFIELD/ EDWARDS) (5:45 — 6:00 PM) — Wayne Carvalho AGENDA REVIEW (6:00 — 6:15 PM) — Scott Hess REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic AGENDA APPROVAL A. ORAL COMMUNICATIONS NONE B. PUBLIC HEARING ITEMS B-1 (:.01NDITIONAL USE PERMIT NO.98-84 (PATTI'S PRESCHOOL): APPLICANT: Patricia Young LOCATION: 17200 Goldenwest Street (east side, south of Warner Avenue) PROJECT PLANNER: Wendy Nowak Conditional Use Permit No. 98-84 represents a request to establish a temporary, 4,320 square foot daycare facility on a vacant site. The applicant proposes to lease the subject property for a period of two years from the Huntington Beach Unified School District. The preschool will care for approximately 65 children per day. Hours of operation will be from 6:30 a.m, to 6:00 p.m. The preschool is currently located in the Seacliff Shopping Center and will be temporarily relocating during the center's renovation. STAFF RECOMMENDATION: Staff has analyzed the request and believes that the daycare facility will be compatible with the existing and surrounding commercial, public, and residential uses. Staff recommends approval of Conditional Use Permit No. 98-84 with findings and conditions of approval for the following reasons: • The proposed use will not be detrimental to the general welfare of persons working or residing in the vicinity. • The temporary relocation to the subject property and will allow the applicant to continue providing needed daycare facilities in close proximity to its current location. • The applicant proposes to preserve and maintain all existing landscaping. • Adequate parking and loading areas will be provided on site. • The daycare facility is consistent with the goals and objectives of the General Plan Land Use Element and the provisions of the Huntington Beach Zoning and Subdivision Ordinance THE PUBLIC HEARING WAS OPENED. Patti Young, 2090 Ocean Way, Laguna Beach, applicant, stated that this is a good location for their temporary use. They will return to Seacliff Shopping Center when construction is finished. Ms. Young stated that they would be using temporary modular buildings and additional landscaping. Richard Kearns, 7092 Betty Drive, stated concern that the additional traffic and circulation patterns that have been created by the new Home Depot would cause a safety hazard to the children. Kathi Rank, 1832 Main Street, spoke in support of the request stressing the need for day care facilities in the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minutes — 2/9/99 2 (99PCM209) The Commission discussed traffic circulation for pick-up and drop-off of students and cars waiting to turn in off of Goldenwest Street. They also were concerned about the number of available parking spaces. Staff stated that the Planning Commission could add a condition requiring that the traffic circulation plan be reviewed during plan check to assure adequate queuing of cars off of Goldenwest Street. The applicant, Patti Young, stated that all cars would have to park for a few moments as State law requires the children to be signed in and signed out. Staff stated that there were 67 additional parking spaces not represented on the site plan. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.98-84 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Speaker, Biddle, Livengood, Mandic NOES: Chapman ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-84 : 1. Conditional Use Permit No. 98-84 for the establishment and operation of a temporary 4,320 square foot child care facility for a period of two years 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 facility complies with the permitted uses listed within the Huntington Beach Zoning and Subdivision Ordinance. The day care will utilize existing parking lots and driveway aprons, and will also preserve and maintain all existing mature trees on site. 2. The conditional use permit will be compatible with surrounding uses because it provides adequate parking, landscaping, and access as required by the Huntington Beach Zoning and Subdivision Ordinance. The facility will operate for limited hours during the day and will not generate significant increases to noise levels that would affect the adjacent residential, commercial and public uses. The project is separated by approximately 95 feet and is similar in nature to the activities at the adjacent school. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. Commercial office allows general day care uses over 2,500 square feet with the approval of a Conditional Use Permit from the Planning Commission. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CO-F 1 (Commercial Office with FAR of 0.35) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Policy LU 4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space and other pertinent elements. PC Minutes — 2/9/99 3 (99PCM209) Policy LU 4.2.5 Require that all commercial, industrial, and public development incorporate appropriate deli'-i: elements to facilitate access and use as required by State and Federal Laws such as the Americans with Disabilities Act. Policy LU 10.1.2 Establish incentives for the inclusion of day-care, public meeting rooms, an other community oriented facilities in commercial districts; possibly including the use of density bonus incentives, expedited entitlements, or other techniques. Policy LU 10.1.6 Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy LU 13.1.3 Allow for the continuation of existing and development of new child, adult, and senior adult daycare facilities in any land us zone where they are compatible with adjacent uses and subject to City review and approval. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 98-84 : 1. The site plan, floor plans and elevations received and dated January 28, 1999 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials as approved by the Design Review - Board. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) e. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. C I PC Minutes — 2/9/99 4 (99PCM209) f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. . 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW ) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW ) 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Planning. b. The modular building shall be approved by the State. Occupancy type and number of occupants, determined by the State, shall be noted on the plans. (Building) c. Submit landscape plans to the Planning Department for review. Landscaping shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. d. Building permits shall be obtained for the foundation and accessible ramps adjacent to the building. (Building) 5. Prior to final building permit inspection and commencement of use, the following shall be completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards (Must at all times be within 75 feet of a portable fire extinguisher, minimum rating requirement 2A-IOBC). (FD) PC Minutes — 2/9/99 (99PCM209) b. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. The system will provide the following: l) manual pulls; 2) audible alarms; 3) and smoke detectors. (FD) c. Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) d. Address numbers will be installed to comply with City Specification No. 428. (FD) e. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. g. Obtain Fire Department approval for any tent or canopy proposed on -site. (FD) h. Gates providing access into the play area should be equipped with a self-locking mechanism so when they are opened, the spring on the gate automatically closes the door 'by itself and locks, thus disallowing people to walk on the play area without first entering through the inside reception area, subject to review and approval by the Fire Department. This locking gate will also prevent children from walking out to the property without adult assistance. (Police) i. Paint curbs adjacent to spaces used for loading and unloading to clearly identify that parking is not permitted in the designated stalls. j. The parking lot shall be re -painted, including the speed bumps. (PW) k. Establish one-way on -site circulation by painting one-way pavement arrow makings and installing "Entrance" and "Exit Only" signs at the driveways. Signs must be visible, in both directions, from Goldenwest Street. (PW) 1. Repaint the red curb on Goldenwest Street adjacent to the project site.(PW) m. Lighting shall be provided for the site, including the parking lot. (PW) n. The existing domestic/irrigation water meter and service serving the site may potentially be utilized for domestic/irrigation purposes if they are of adequate size, conform to current standards, and are in working condition as determined by the Water Division. (Future permanent improvements will require upgrading the existing water meter to touch -read meter.) (PW) o. Submit an Elevation Certificate to the Planning Department as required by the Federal Emergency Management Agency prior to final inspection. PC Minutes — 2/9/99 6 (99PCM209) 6. The use shall comply with the following: a. This Conditional Use Permit is approved for a two-year period, ending two years from the date of issuance of a Certificate of Occupancy. b. Hours of operation shall be limited to 6:30 a.m. to 6:00 p.m., Monday through Friday. c. Minimum parking space requirements shall be met or the use shall be brought back to the Planning Commission for review. 7. A review of the use shall be conducted by the Staff within six (6) months of the issuance of a Certificate of Occupancy to review parking, circulation and traffic. In addition the height of the fence located on the east property line shall be evaluated to determine if it should be raised to reduce the number of foul balls being hit over the fence. If there are concerns, a report will be presented to the Planning Commission. At that time the Planning Commission may consider modifications to the conditions of approval. 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-84 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-84 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 Planning a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-84, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. A Certificate of Occupancy must be issued by the Building and Safety Department prior to occupancy of the building. 6. The development shall comply with all applicable provisions of the Municipal Code, Building and Safety Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. Development shall meet all local and State regulations regarding installation of all modular structures. PC Minutes — 2/9/99 7 (99PCM209) 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Building and Safety Department. 10. 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 Planning within two (2) days of the Planning Commission's action. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Class 3, Section 15303 (New Construction) which states that construction of new retail/commercial facilities up to 10,000 square feet are categorically exempt. B-2 ZONING TEXT AMENDMENT NO 98-4 (DOWNTOWN OUTDOOR DINING WITH ALCOHOL): - APPLICANT: City of Huntington Beach LOCATION: Downtown Specific Plan Area PROJECT PLANNER: Peter Vanek Transmitted for Planning Commission consideration and recommendation to the City Council is Zoning Text Amendment No. 98-4, a request by the City of Huntington Beach to amend the Downtown Specific Plan (DTSP) to permit the consumptiori of alcoholic beverages in conjunction with outdoor dining on public property. The City Council Downtown Sub -Committee has reviewed and debated the merits of the request for the past two years. The review process has included several meetings with all affected city departments and various downtown interest groups. In addition, discussion and input from Alcoholic Beverage Control (ABC) staff resulted in refinement of the draft ordinance. The subcommittee review process has also resulted in a set of suggested conditions of approval presented for the Planning Commission's review, approval, and adoption of a resolution. STAFF RECOMMENDATION: Staff recommends the Planning Commission recommend approval of Zoning Text Amendment No. 98-4 to the City Council for the following reasons: • The proposed zoning text amendment provides specific standards and procedures for consumption of alcoholic beverages in conjunction witli outdoor dining within the Downtown Specific Plan. • The zoning text amendment will contribute to the atmosphere and ambiance of the Downtown area by attracting a clientele consistent with the redevelopment of the downtown. PC Minutes — 2/9/99 8 (99PCM209) • The proposed zoning text amendment will not adversely impact the City's review and public hearing process. • The proposed zoning text amendments are consistent with the goals and policies specified in the Land Use and Economic Development Elements of the General Plan. The Commission discussed staff s recommendation that because only establishments with outdoor dining areas contiguous to the indoor dining area would be eligible under the proposed ordinance a re -design would be necessary to permit existing establishments with non contiguous patios to serve alcoholic beverages outdoors. They were concerned this would create a zigzag effect and discussed the possibility of all outdoor dining establishments, whether they serve alcohol or not, be made contiguous with the indoor dining for compatibility. THE PUBLIC HEARING WAS OPENED. Marie St. Germain, 505 Alabama Street, Downtown Residents Association, spoke in opposition to the request stating that the current problems that existing downtown all stem from alcohol. Further serving of alcohol will only increase the problem. Loretta Wolfe, 411-6th Street, Downtown Residents Association, spoke in opposition to the request stating concern regarding serving alcohol in a public open space. She also stated that if approved a $5.00 food minimum should be required in order to consume alcohol. Keith Bohr, 415 Townsquare Lane, #219, Downtown Restaurants Association, spoke in support of the ordinance as proposed except for the requirement of glass drinking glasses with restaurant logos. He stated the Association would prefer the option of plastic glasses. Mr. Bohr stated that the Downtown Restaurant Association has met with the City Police Chief to discuss the problems and solutions of over -serving alcohol to customers. Mike Adams, PO Box 382, representing Downtown business and property owners, spoke in support of the request. He stated that the proposed ordinance would allow popular franchises that wish to serve alcohol to bring their business to the downtown area. Mr. Adams stated that the Planning Commission needs to address the physical aspects of the use and allow the behavior to be handled through the Municipal Code and the conditional use permit process. He stated that there are plenty of regulatory processes in place to oversee behavioral factors. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Commission stated concerns over proceeding with the approval of an ordinance that did not have the approval of the Police Department, also Code Enforcement's capabilities to enforce conditions placed on the use. The Commission also discussed concerns regarding problems with current outdoor dining uses and code infractions. They stated they would like to work on the ordinance further, seeing specifics on which businesses would wish to serve alcohol outdoor, the layout of the outdoor dining areas, and pedestrian traffic patterns. They also stated that the City should get some reimbursement from the use, and food and alcohol serving should be at a 50150 proportion. They discussed continuous of the request and the forming of a subcommittee to review the proposed ordinance and develop a recommendation for the Planning Commissions consideration within 90 days. PC Minutes — 2/9/99 9 (99PCM209) A MOTION WAS MADE BY LIVENGOOD, SECONDED BY CHAPMAN, TO CONTINUE ZONING SION MEETINXT AMENDMENT BY THE FOLLOWING VG per: 1999 PLANNING COMMISSION AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED A Downtown Outdoor Dining with Alcohol Subcommittee was formed to review and revise the proposed zoning text amendment. The committee members will include staff and Commissioners Biddle, Mandic and Kerins. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED DECEMBER 3 1998 Continued to the February 23,1999 meeting. C-2 PLANNING COMMISSION MINUTES DATED DECEMBER 8 1998 A MOTION WAS MADE B m �ES DATED DECEMB RS, SECONDED BY P8 998, By THE APPROVE PLANNING COMNIISSION FOLLOWING VOTE: AYES: Kerins, Chapman, Biddle, Livengood NOES: None ABSENT: None ABSTAIN: Laird, Speaker, Mandic MOTION PASSED D. NON-PUBLIC HEARING ITEMS None E. PLANNING COMMISSION ITEMS E-1 PLANNING COMMISSION COMMITTEE REPORTS None E-2 PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Kerins — requested staff to update and re -submit the memo to the Mayor and City Council Members from the Planning Commission dated February 3, 1997, requesting additional Code Enforcement Officers. PC Minutes — 2/9/99 10 (99PCM209) 1 F. PLANNING ITEMS 1 [1 F-1 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director — restated actions taken at the previous City Council meeting.. F-2 PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess, Senior Planner — reviewed items for the February 23, 1999 Planning Commission meeting. G. ADJOURNMENT —Adjourn to the February 23, 1999 meeting. A MOTION WAS MADE BY BIDDLE, SECONDED BY CHAPMAN, TO ADJOURN TO A 6:00 PM STUDY SESSION ON FEBRUARY 23 1999, AND THEN TO REGULARLY SCHEDULED PLANNING COMMISSION MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Laird, Kerins, Chapman, Speaker, Biddle, Livengood, Mandic NOES: None ABSENT: None ABSTAIN: None MOTION PASSED /kjl APPROVED BY: /4w,,,v4 7,L1A,-,, Howard Zelefs , Secretary PC Minutes — 2/9/99 11 (99PCM209)