Loading...
HomeMy WebLinkAbout2002-08-13MINUTES Huntington Beach Planning Commission Tuesday, August 13, 2002 Huntington Beach Civic Center 2000 Main Street, Huntington Beach, California 92648 Study Session Room B-8 5:15 P.M. 1. 5:15 p.m. Parkside Estates Projects Overview (171 SFR) — Scott Hess 2. 5:45 p.m. The Strand (Blocks 1041105) — Herb Fauland 3. 6:15 p.m. Agenda Review — Herb Fauland 4. 6:20 p.m. Major Projects Update/Planning Commission Inquiries — Herb Fauland 5. 6:25 p.m. Publics Comments — Joey Ricano, Mark Bixby, and Joel Babich spoke regarding the proposed Parkside development. REGULAR MEETING City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE — Led by Commissioner Livengood P P P P P P A ROLL CALL: Stanton, Kerins, Hardy, Shomaker, Livengood, Kokal, Porter AGENDA APPROVAL A. ORAL COMMUNICATIONS — None. (02pcm0813) PC Minutes August 13, 2002 Page 2 B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. CONDITIONAL USE PERMIT NO. 02-31NARIANCE NO. 02-10 (STEP BY STEP DAYCARE): Applicant: Lester C. Smull Request: To permit the operation of a daycare facility with a maximum of 88 children within a 5,525 square foot suite including a 6,000 square foot outdoor play area and associated play equipment. The facility is proposed within an existing 135,484 square foot commercial center. The proposed request includes a parking variance to allow a reduction of approximately 28 parking spaces within the shopping center. Location: 10156 Adams Avenue (southeast comer of Brookhurst Street and Adams Avenue). Project Planner: Paul Da Veiga • Conditional Use Permit No. 02-31 request: - Operate a daycare facility with a maximum of 88 children in a 5,525 square foot suite within an existing 136,811 square foot shopping center. - Site improvements including the construction of a six-foot block wall enclosure for a proposed 6,000 square foot outdoor play area and associated play equipment. • Variance No. 02-10 request: - A reduction of approximately 28 parking spaces within the existing shopping center based on the proposed daycare use, mix of on -site uses and parking analysis Staff s Recommendation: Approve Conditional Use Permit No. 02-31 and Variance No. 02-10 with modifications based upon the following: - Consistent with the goals, and objectives of the General Plan Land Use Element and provisions of the Huntington Beach Zoning and Subdivision Ordinance - Provides a needed service to the surrounding community - Located in an underutilized area of the shopping center with a large surplus of available parking - Adequate separation consisting of an existing eight -foot block wall, a proposed six-foot block wall, and landscape planters proposed between the adjacent residences and outdoor play area • Staff's Suggested Modifications: A three-foot wide landscape planter shall be provided to aesthetically enhance the appearance of the proposed six-foot high block wall Staff made a presentation to the Commission. Commissioner Kerins excused himself from action on the item due to a conflict of interest. Commissioners Stanton, Hardy, Shomaker, Livengood, Kokal and Porter disclosed that they had visited the project site and had discussions with the applicant and neighboring residents. (02p=0813) PC Minutes August 13, 2002 Page 3 Questions/comments included: • Trash bin relocation • Parking (including business center requirements, number of spaces near the play yard area, and drive aisle widths) • Playground equipment, including type of asphalt material • Number of vacant businesses within the shopping center • Landscape planter width and material • Back yard setback measurements • Play yard area drainage, including the need for a grading plan • Play yard hours • Traffic concerns at Adams Avenue and Brookhurst Street THE PUBLIC HEARING WAS OPENED: Lori Vasquez, Step by Step Daycare, Irvine, spoke in support of the item. Ms. Vasquez referenced a late communication item that held signatures from opposing residents, stating that the daycare center, in its current location that is less than 4 ft. from neighboring residents, has reported no issues in the last 14 years. She provided the Commission information about play yard safety, including surface and play yard equipment and a schedule limiting the hours and number of children who use the play yard. Ed Woolbert, Step by Step Daycare, Irvine, spoke in support of the item. Mr. Woolbert discussed his research in trying to locate a suitable location for the Center, and the willingness of the landowner to work with the Center by moving existing tenants. He also discussed parking, age requirements, play area hours and conditions, including drainage, landscaping and lighting. The Commission asked about relocating the play area to the front of the proposed structure. Mr. Woolbert and staff explained why the shopping center traffic would not allow such an idea. The Commission asked about water drainage patterns in the play area. Mr. Woolbert responded that the drain basins were not located near the play equipment, and therefore would not create any problems. The Commission inquired about the refuse dumpster location. Mr. Woolbert responded that the Center is considering alternatives for the best location. The Commission inquired about the Center's age restrictions and the applicant confirmed. Bob Riedessel, Meredith Gardens HOA, Huntington Beach, spoke in opposition to the item. Mr. Riedessel voiced concerns regarding noise and reported that the Meredith Gardens Board of Directors voted 6 in favor and 7 opposed to the proposed development. (02p=0813) PC Minutes August 13, 2002 Page 4 Pat Britt, Meredith Gardens HOA, Huntington Beach, spoke in opposition to the item and inquired why Step by Step was not considering other vacant school site locations. Ms. Britt stated that childcare centers do not belong in commercial business districts, and voiced concerns about negative traffic impact and noise factors. Kathy LaMarche, Viva Circle, 20-year Huntington Beach resident, spoke in opposition to the item, voicing concerns about negative traffic impact and noise factors. Sherry Mac, Step by Step, Irvine, spoke in favor of the item and discussed how strip malls are favorable locations for childcare centers because they are available, visible, economical and business friendly to the community. She confirmed the Center's age restrictions and discussed receipt of state support for outdoor planned activity. The Commission asked about pick-up/drop-off areas. Ms. Mac replied that the schedule was staggered, that parents were personally required to sign their children in and out of the facility, and that designated parking spaces are provided for such activity. The Commission asked about hours of operation, outdoor lighting and play area gates. Ms. Mac outlined hours of operation, including play area hours. She also mentioned that outdoor lighting was not needed, and that any facility entrance or exit would remain locked outside of operational hours. The Commission asked about exposed asphalt in the play area. Ms. Mac explained that the exposed asphalt area would be used for bicycles, and that the majority of the play area would be surfaced with rubber matting for safety. She also described play area equipment. Lawrence Sellars, Lawson Lane, Huntington Beach, spoke in opposition to the item, voicing concerns related to traffic because of the busy intersection at Brookhurst and Adams. He also discussed safety issues related to the play area material and equipment, and his feelings that the proposed Center would compromise quality of life to nearby residents. Doug Merlino, Viva Circle, Huntington Beach, spoke in opposition to the item, stating that the proposed project belongs in an area conducive for day care facilities, not in a commercial zone. He also voiced concerns about the possibilities of decreased property values and traffic hazards created by the proposed project. Jason Wood, Lawson Lane, Huntington Beach, spoke in opposition to the item, suggesting that the proposed project calls for an Environmental Impact Report, including study on traffic and noise. (02p=0813) PC Minutes August 13, 2002 Page 5 Troy Smith, Lawson Lane, Huntington Beach, spoke in opposition to the item, voicing concerns about noise because he works out of his home. Mr. Smith also discussed the negative traffic impacts and decreased property values associated with the request. Lea Gallup, Lawson Lane, Huntington Beach, spoke in opposition to the item by voicing concerns about increased noise. David Wickersham, Viva Circle, Huntington Beach, spoke in opposition to the item and voiced concerns about increased noise in the early morning hours and poor water drainage in the proposed play yard area. He also discussed trash problems related to the entire shoppin center. Penny Stein, Viva Circle, Huntington Beach, spoke in opposition to the item, voicing concerns related to poor water drainage in the proposed play yard area, trash collection and noise. She also stated that the proposed 6-foot retaining wall would not keep noise in, but rather, cause it to echo from the facility. Shannon Kennedy, Lawson Lane, Huntington Beach, spoke in opposition to the item, voicing concerns about increased noise from the large number of children allowed within the play yard area at one time. Betty Wickersham, Viva Circle, Huntington Beach, spoke in opposition to the item, voicing concerns about the negative impacts of increased noise. She also referenced an informational flyer distributed by Step By Step Daycare to area residents, calling it misleading relative to their proposal. She called for those who oppose the item to stand and be recognized. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding parking, specifically the decrease in spaces within the shopping center, and the number of spaces designated for day care staff parking. The Commission inquired about the types of uses permitted within the shopping center. Staff stated that typical uses include medical, office and retail. The Commission voiced concerns about proper water drainage in the play yard area. Staff stated that the drainage was adequate. The Commission and staff discussed the variation in back yard setbacks located along the proposed play yard area. The Commission asked about availability of other school sites within the City. The Commission voiced concerns about increased noise and the possibility of an echo affect that may occur from the wall that surrounds the play yard area, also suggesting that height be added to the wall. (02pcm0813) PC Minutes August 13, 2002 Page 6 The Commission asked if the applicant would consider the following modifications: 1. Restricted play yard hours (no earlier than 9:00 a.m.) 2. No play area whistles 3. Increased wall height 4. Relocation of trash bins 5. Relocation of play yard area The applicant agreed to item numbers 1, 2 and 4. Discussion continued regarding the need to initiate a new traffic study. Staff explained why a new study was unnecessary. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY PORTER, TO DENY CONDIITIONAL USE PERMIT NO. 02-31 AND VARIANCE NO. 02-10 WITH FINDINGS BY THE FOLLOWING VOTE: AYES: Stanton, Shomaker, Livengood, Porter NOES: Hardy, Kokal ABSENT: None ABSTAIN: Kerins MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 02-311VARIANCE NO. 02-10 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 02-31: Conditional Use Permit No. 02-31 for the establishment and operation of a daycare facility with a maximum of 88 children in a 5,525 square foot suite, within an existing 136,811 square foot shopping center including the construction of a six-foot block wall enclosure for a proposed 6,000 square foot outdoor play area, will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The proposed daycare facility and associated outdoor play area will result in the elimination of 16 parking spaces and reduce the amount of available on -site parking for patrons of the shopping center. The outdoor play area will result in noise impacts to adjacent residential properties and will be detrimental to the welfare of the residents. The proposed daycare operation will not be compatible with surrounding uses because it eliminates existing on -site parking and results in noise impacts to adjacent residences resulting from children playing and making excessive noise in the outdoor play area. In addition, noise from the designated employee parking area would impact adjacent residents in the early morning. The facility will operate on weekdays and will affect the (02p=0813) PC Minutes August 13, 2002 Page 7 adjacent residential and commercial uses by occupying an area that has been reserved for customer parking. The daycare use results in a cumulative increase in traffic to the surrounding arterials during peak traffic periods in the morning and afternoon and will impact the existing on -site drainage patterns and therefore will be incompatible with surrounding properties. The proposed use will not 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. The exception to required parking is not consistent with the Huntington Beach Zoning and Subdivision Ordinance for the proposed daycare use. The granting of the conditional use permit will adversely affect the General Plan. It is not consistent with the Land Use Element designation of CG-F1 (Commercial General with FAR of 0.35) on the subject property because the proposed separation from residential uses does not adequately protect the single-family homes from the excessive or incompatible impacts of noise, vehicular traffic and visual character. In addition, it is not 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. Policy LU 10.1.2 Establish incentives for the inclusion of day-care, public meeting rooms, and 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. FINDINGS FOR DENIAL - VARIANCE NO. 02-10: The granting of Variance No. 02-10 for a reduction of approximately 28 parking spaces within the existing shopping center based on the proposed daycare use and mixture of on -site uses will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed daycare facility is located in an area (02p=0813) PC Minutes August 13, 2002 Page 8 within the shopping center that directly abuts residential properties and occupies existing parking for patrons of the center. The proposed daycare use will impact on -site parking based on the number of parking spaces required for the drop-off and pickup up of 88 children. The location of the shopping center is typical of many of other properties in the same zoning classification and there are not unique circumstances, which set apart the subject property from others in the same zoning classification. There are no special circumstances applicable to the subject property, including shape and location, which require a deviation to the strict application of the zoning ordinance. The subject site is located in a typical commercial shopping center with adequate parking for retail and office tenants. The elimination of 16 parking spaces places a burden on the existing uses in the shopping center. There are no unique physical characteristics such as the shape, size, or location of the subject site that warrants the approval of a variance. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The subject suite may be leased to commercial and office tenants and the existing on -site parking is adequate in supporting these uses with no further parking variances required. The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The variance for reduced parking will impact other commercial properties in the vicinity, based on the proposed location of the daycare operation, elimination of 16 parking spaces, and the requested parking variance. The granting of the variance will adversely affect the General Plan. The proposed reduction of 16 parking spaces by the proposed outdoor play area will adversely affect existing and future commercial uses on the subject site. THE COMMISSION CALLED FOR A BRIEF RECESS. After the meeting reconveyned, the Commission stated that during the recess certain individuals opposed to the daycare item approached the Commission with suggestions for approval. The Commission and staff discussed the process of reconsidering the Commission's action at a future date. (02p=0813) PC Minutes August 13, 2002 Page 9 C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED JUNE 25, 2002 A MOTION WAS MADE BY KOKAL, SECONDED BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 25, 2002, BY THE FOLLOWING VOTE: AYES: Shomaker, Livengood, Kokal NOES: None ABSENT: Kerins ABSTAIN: Stanton, Hardy, Porter MOTION PASSED D. NON-PUBLIC HEARING ITEMS D-1. FLOOD MANAGEMENT PLAN ANNUAL REVIEW AND UPDATE: Applicant: City of Huntington Beach Planning Department Request: Annual review and update of the Flood Management Plan for 2001-2002 Location: Citywide Project Planner: Ricky Ramos The City of Huntington Beach Planning Department requests Planning Commission evaluation of the Flood Management Plan (FMP) annual review report. The FMP was approved by the City Council in September 2000 following a recommendation of approval by the Planning Commission. The FMP identifies potential local flood hazards and problems associated with those hazards, establishes goals to reduce or mitigate the flood hazards, and recommends activities to attain these goals. • The Federal Emergency Management Agency (FEMA) mandates that an annual review of the FMP's recommended activities must be presented to the Planning Commission and City Council to demonstrate that the City is actively pursuing their implementation. Staff made a presentation to the Commission. Discussion ensued regarding the timeframe for the County to improve the flood control channels in Huntington Beach. Staff referred to Attachment 2 of the staff report, outlining the County's seven-year flood control improvement plan as it relates to the Huntington Beach and the East Garden Grove-Wintersburg flood control channels. (02p=0813) PC Minutes August 13, 2002 Page 10 A MOTION WAS MADE BY SHOMAKER, SECONDED BY HARDY, TO ACCEPT AS ADEQUATE AND COMPLETE THE ANNUAL REVIEW OF THE FLOOD MANAGEMENT PLAN FOR 2001-2002 AND FORWARD TO THE CITY COUNCIL FOR THEIR REVIEW BY THE FOLLOWING VOTE: AYES: Stanton, Hardy, Shomaker, Livengood, Kokal, Porter NOES: None ABSENT: Kerins ABSTAIN: None MOTION PASSED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — Commissioner Porter reported on the Shipley Nature Center and the impact of the City budget on the Center. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Stanton — None. Commissioner Kerins — None. Commissioner Hardy — None. Commissioner Shomaker — expressed her concerns over the funding for the Shipley Nature Center and noted the important role of "Friends of Shipley Nature Center." Commissioner Livengood — None. Commissioner Kokal — expressed his concerns over the possible loss of funding for the Shipley Nature Center due to the City's budget crisis. He also inquired about the possible reconsideration of Agenda item B-1, Conditional Use Permit No. 02-31Nariance No. 02-10 (Step by Step Daycare). Commissioner Porter — None. A discussion ensued between staff and the Commission regarding the possible reconsideration of Agenda item B-1, Conditional Use Permit No. 02-31Nariance No. 02-10 (Step by Step Daycare). The Commission inquired about the process for reconsideration after Commissioner Kokal reported that a neighbor recommended meeting with the applicant to resolve the issues identified during the public hearing. (02p=0813) PC Minutes August 13, 2002 Page 11 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Herb Fauland, Principal Planner — reported on the Planning Department items heard before the City Council on August 5, 2002. F-2. CITY COUNCIL ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reported on the Planning Department items to be heard before the City Council on August 19, 2002. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner — reviewed items for the Planning Commission meeting of August 27, 2002. G. ADJOURNMENT — Adjourn to the next regularly scheduled Planning Commission meeting of August 27, 2002. The Study Session will begin at 4:45 pm. HZ: H F: rl APPRO W BY: Secretary J Shoma er, Chairperson (02p=0813)