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HomeMy WebLinkAbout2001-10-17MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR ® Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 17, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Ron Santos, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: July 11, 2001 September 19 and 26, 2001 October 3, 2001 Minutes were continued to the October 24, 2001 meeting ORAL COMMUNICATION: None ITEM 1: SIGN CODE EXCEPTION NO. 01-1 (JAMBA JUICE AWNING SIGN (CONTINUED FROM THE SEPTEMBER 26, 2001 MEETING WITH THE PUBLIC ® HEARING OPEN) APPLICANT: John McKinney, 14732 Calvert Street, Van Nuys, CA 91411 PROPERTY OWNER: Abdelmuti Development Co., 101 Main Street, Huntington Beach, CA 92648 REQUEST: To permit an awning with additional signage identifying Jamba Juice on one building frontage. . LOCATION: 101 Main Street #109 (west side of Main Street, approximately 120 feet north of Pacific Coast Highway) PROJECT PLANNER: Wayne Carvalho Amy Wolfe, Staff Planner sitting in for Wayne Carvalho, stated that the proposed project was recently presented before the Design Review Board (DRB). Staff stated that the DRB recommended modifications to the signage thereby eliminating the necessity for a Sign Code Exception. Staff recommended withdrawal of the application as requested by the applicant. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. SIGN CODE EXCEPTION NO. 01-1 WAS WITHDRAWN AT THE APPLICANT'S REQUEST. ITEM 2: CONDITIONAL USE PERMIT NO. 01-55 (JAM LARGE FAMILY DAY-CARE APPLICANT/ 0 PROPERTY OWNER: Heideh Jam, 9621 Warburton Drive, Huntington Beach, CA 92646 REQUEST: To permit a large family day-care facility at an existing single-family residence (up to 14 children). LOCATION: 9621 Warburton Drive (north side of Warburton, east of Bushard Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that approximately 850 square feet of the home would be utilized for the day-care facility. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One telephone call was received with questions concerning the request, however, no opposition was expressed. No other written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff engaged in a discussion concerning State legal requirements for small versus large day-care facilities. THE PUBLIC HEARING WAS OPENED. Howard Jam, 9621 Warburton Drive, applicant's husband, stated that he has read the agenda and addressed Condition No. 3. c. Heideh Jam, 9621 Warburton Drive, applicant, stated that she will have one employee who will utilize the garage for parking. Mr. Strange and the applicant engaged in a discussion concerning Conditions 2.a and 2.b. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.01-55 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 PROJECTS EXEMPT FROM CEOA: The Zoning Administrator 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 section 15301 of the CEQA Guidelines, because large family daycare is a residential use of the subject property and involves negligible or no expansion of the existing use. ZA Minutes 10/17/01 2 (01=1017) • FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-55: 1. The large family childcare facility (up to 14 children) 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 proposed family day care is an expansion of use from an existing small family day care (up to 8 children). The use will be accommodated within the existing single-family residence and no physical alterations to the property are proposed as part of this project. The six-foot tall block wall enclosing the rear yard will help to minimize noise impacts on adjoining residences. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Ordinance since it has a two -car garage, a driveway that can accommodate two vehicles, and adjacent on -street parking. With the conditions imposed, the proposed day care home will not generate adverse noise or traffic impacts to the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses because required parking will be provided on site and drop-off/ pick-up parking is available along the street in front of the residence. 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 Conditional Use Permit 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. No construction is proposed as part of the establishment of the day care and the required parking can be accommodated on -site. 4. The granting of the conditional use permit will not adversely'affect the General Plan. It is consistent with the subject property's Residential Low Density Land Use Element designation. In addition, it is consistent with the following goals and policies of the General Plan: a. Objective LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. b. Policy LU 9.4.1 — Accommodate the development of parks, sports facilities, schools, libraries, community meeting facilities, religious facilities, and similar community -serving uses in all residential areas, provided that they are compatible with adjacent residential uses and subject to review and approval by the City and other appropriate agencies. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-55: The site plan, floor plans, and elevations received and dated September 5, 2001 shall be the conceptually approved layout. 2. Prior to the commencement of the large -family day care use, the following requirements shall be met: a. A copy of the City Business License for the day care use shall be submitted to the Planning ® Department. ZA Minutes 10/17/01 3 (01zm1017) b. The use shall be approved by the California Department of Social Services. A copy of the day care license shall be submitted to the Planning Department for inclusion into the entitlement file. (FD) • c. Address numbers shall be installed to comply with Fire Department City Specification No. 428. (FD) d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) e. An approved manual pull fire alarm station conforming to the California Electrical Code shall be installed. (FD) f. Exit signs and exit path markings (a minimum of two) shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) g. Evidence of satisfaction of all Fire Department requirements shall be submitted to the Planning Department. h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 3. The use shall comply with the following: a. Only the uses described in the narrative shall be permitted. b. Hours of operation shall be limited to between 7:00 AM and 5:30 PM Monday through Friday. c. The day care use shall be limited to the enclosed areas of the residential unit between the hours • of 7:00 AM and 8:00 AM. 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 5:30 PM Monday through Friday. d. Day care employees shall park in the garage or in the driveway at all times to reduce impacts to on -street parking. e. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. f. No signs identifying the day care facility shall be placed on the property. g. Loading and unloading of children from vehicles shall occur only on the applicant's driveway or on the public street directly in front of the residence. 4. 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 Zoning Administrator's action and the conditions herein. 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 Huntington Beach Zoning and Subdivision Ordinance. . 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. ZA Minutes 10/17/01 4 (01zm1017) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 01-55 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-55 shall become null and void unless exercised within one year of the date of final approval which is October 17, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-55, 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. The use 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. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 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 49 of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 24, 2001 AT 1:30 PM. ql")L v �:� �� Mike Strange, Acting Zoning Administrator Ira ZA Minutes 10/17/01 5 (Olzm1017)