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HomeMy WebLinkAbout2004-01-070 • MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 7, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: November 26, 2003, and December 10, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: TENTATIVE PARCEL MAP NO. 2003-2081VARIANCE NO. 03-04 (ELBARD PROPERTY SUBDIVISION) APPLICANT: Gregory M. Villegas, 14901 Vanguard Lane, Huntington Beach, CA 92647 PROPERTY OWNER: Ibrahim Elbard, 6992 Derby Circle, Huntington Beach, CA 92648 REQUEST: TPM: To permit the subdivision of a 16,800 sq. ft. lot into two residential lots. VAR: To permit lot frontages of 56 ft.-9 in. for Parcel 1 and 67 ft. for Parcel 2 in lieu of the minimum frontage requirement of 72 ft. for both lots as required by the Ellis- Goldenwest Specific Plan. LOCATION: 6992 Derby Circle (east side of Derby Circle, east of Saddleback Lane) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that changes to the General Plan concerning gross square footage and net square footage have impacted the density factors as related to the proposed project. Staff recommended a continuance of the request in order to re -analyze the proposed project based on density. Mary Beth Broeren, Zoning Administrator, stated that she has reviewed correspondence received from the Huntington Beach Hamptons Homeowners Association (HOA), Mr. and Mrs. Nelson, Mr. and Mrs. Bartoli, Ms. Wilson, and Mr. and Mrs. Komin. Ms. Broeren stated that she was willing to take public testimony today even though the request would be continued to the next meeting. is THE PUBLIC HEARING WAS OPENED. Terry Nelson, 6921 Derby Circle, neighboring property owner, spoke in opposition to the proposed project stating that a precedent would be set thereby encouraging further subdivisions. Mr. Nelson asked what the continued date would be and if the request would be re -noticed. Brad Harrison, 6981 Derby Circle, neighboring property owner, spoke in opposition to the proposed project. Mr. Harrison stated that the size of the large lots in the subject area was the reason for the purchase of their property and that the proposed project would change the existing neighborhood and he would loose his view of Saddleback Mountain. Ms. Broeren asked staff that if the analysis to subdivide were to exceed density, would staff recommend a denial of the request. Staff stated that if it is determined that the proposed project cannot comply, the applicant would have the option to withdraw the request with a fee refund. Greg Villegas, 14901 Vanguard Lane, applicant, stated that they did not learn of the density issue until today. Mr. Villegas spoke on behalf of the proposed project and urged the Zoning Administrator's approval. Bill Fay, 6941 Steeplechase Circle, neighboring property owner, spoke in opposition to the proposed project. Mr. Fay stated that they purchased their home based on the size of the lots and that to approve a subdivision would be unfair to the neighboring property owners. Mr. Fay asked if the HOA approved the proposed project. Harris Luu, 18596 Derby Circle, neighboring property owner, spoke in opposition to the proposed project. Mr. Luu stated concerns related to loss of view and parking. Dennis Flanagan, 6891 Preakness Drive, neighboring property owner, stated that the subdivision would result in a crowding of the area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to continue the item without re -notification. She stated that the surrounding property owners could contact staff if they desired to know staff's recommendation in advance. TENTATIVE PARCEL MAP NO. 2003-208NARIANCE NO. 03-04 WERE CONTINUED TO THE JANUARY 14, 2004 MEETING WITH THE PUBLIC HEARING OPEN. • ZA Minutes O1/07/04 2 (04=0107) • ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 03-11 (CAIN ADDITION) APPLICANT: James Ramo, P.O. Box 1321, Torrance, CA 90505 PROPERTY OWNER: Rollie Cain, 16681 Bolero Lane, Huntington Beach, CA 92649 REQUEST: To construct a 661.5 sq. ft. second -story addition to an existing single family residence increasing the size of the dwelling to 2,815.5 sq. ft. and the height to 22'-0". LOCATION: 16683 Bolero Lane (West side of Bolero Lane and North of Finisterre Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary, in particular suggested Conditions No. 1.a and 1.b. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 03-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: 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 the project consists of an addition to an existing structure, which increases the floor area less than 50 percent and involves negligible or no expansion of an existing use. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-11: 1. Coastal Development Permit No. 03-11 for the construction of a 661.5 sq. ft. second -story addition to an existing single family residence as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program land use designation of Residential Low -Density. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction will occur on a previously developed site, contiguous to existing residential development. ZA Minutes 01/07/04 3 (04zm0107) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning isdistrict, as well as other applicable provisions of the Municipal Code, including maximum building height, minimum yard setbacks, maximum lot coverage and minimum on -site parking requirements. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-11: The site plan, floor plans, and elevations received and dated December 1, 2003 shall be the conceptually approved layout with the following modifications: a. The second story addition shall be reduced in width from 22'-0" to to 21'-0" to eliminate the second story overhang above the garage. b. One 36" box tree shall be planted within the front yard setback. 2. 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. 3. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. • ZA Minutes 01/07/04 4 (04zm0107) 0 ITEM 3: VARIANCE NO.03-18 (THOREN ADDITION) APPLICANT: Evonne Morton, All -Pro Remodeling, 31621 Peppertree Bend, San Juan Capistrano, CA 92675 PROPERTY OWNER: Dennis and Dianna Thoren, 9342 Cliffwood Drive, Huntington Beach, CA 92646 REQUEST: To construct 704 sq. ft., 13'-6" high, one-story addition consisting of a family room, game room, and craft room located at a 5 ft. rear yard setback in lieu of the minimum code required 10 ft. rear yard setback. LOCATION: 9342 Cliffwood Drive (Terminus of Cliffwood Drive west of Kenyon Lane) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings for denial as outlined in the executive summary. Staff stated that findings for approval could not be found to support the request, and stated that the request could be modified to comply with the rear yard setback requirements. Staff stated that no written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the plans and photographs. THE PUBLIC HEARING WAS OPENED. Evonne Morton, All -Pro -Remodeling, 31621 Peppertree Bend, San Juan Capistrano, applicant, stated that at the time that the application process was conducted at the zoning counter, the guidelines shown to her did not address all of the subject dimensions. John Johnston, All -Pro -Remodeling, 31621 Peppertree Bend, San Juan Capistrano, spoke in opposition to staff's suggested findings for denial. Mr. Johnston approached the plans and presented engineering and structural plans as well as architecturally compatible plans. He stated that the driveway approach presents a problem for the property owner and presented plans depicting a user-friendly driveway. A discussion ensued concerning alternatives and Mr. Johnston urged the Zoning Administrator's approval. Ms. Broeren addressed concerns related to roofline discrepancies and a general discussion ensued. Dennis Thoren, 9342 Cliffwood Drive, property owner, spoke on behalf of the proposed project and urged the Zoning Administrator's approval. Mr. Thoren stated that their intent is to improve the value of the property, stated that the roofline would flow, and stated that the driveway has been a problem since occupying the home. He stated that strict application of the zoning ordinance would take away from the use of their property. ZA Minutes 01/07/04 5 (04=0107) Ms. Broeren stated that the plans as submitted reflect no changes to the driveway. Mr. Thoren stated that the plans are in error. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren engaged in discussions concerning: • Definition of a rear yard property line. • The original tract approved site plan. • Lawn area in front of the addition and lack of usability. • Agreement by the adjacent property owner. Ms. Broeren explained the requirements for a variance. She stated that the shape of the lot is unusual but is not a constraint. She confirmed with the applicant that they plan to expand the driveway to make it more functional. Ms. Broeren suggested that the item be continued to allow the applicant time to re -consider the rear yard setback. She stated that this would also allow staff time to determine if the required findings for approval can be met. Staff stated that State requirements dictate that the entitlement be acted upon by January 13, 2004. Staff advised that the applicant may grant a one-time extension to extend the meeting to January 14, 2004. • Mr. Thoren concurred. VARIANCE NO. 03-18 WAS CONTINUED TO THE JANUARY 14, 2004 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 4: CONDITIONAL USE PERMIT NO. 03-52 (PAPA JOE'S ALCOHOL SALES) APPLICANT: Jennifer Song, 7509 Quiet Cove Circle, Huntington Beach, CA 92648 PROPERTY OWNER: Eldon Bagstad, 470 Pacific Coast Highway #8, Huntington Beach, CA 92648 REQUEST: To establish beer and wine sales for on -site consumption at a 12- seat (maximum) restaurant. LOCATION: 414 Pacific Coast Highway (north side of Pacific Coast Highway, east of 5'" Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary, in particular suggested Conditions of Approval No. 2.a and 2.b. • ZA Minutes 01/07/04 6 (04=0107) • Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Mary Beth Broeren, Zoning Administrator, confirmed with staff that intensity would not be increased due to the 12-seat maximum. THE PUBLIC HEARING WAS OPENED. Richard Song, 7509 Quiet Cove Circle, applicant, spoke on behalf of the proposed project. Mr. Song stated that he was grateful to be able to relocate his business to make room for The Strand and maintain his existing clientele. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-52 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 CEQA: 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 the project consists of the operation and minor alteration of an existing commercial structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-52: Conditional Use Permit No. 03-52 to establish beer and wine sales for on -site consumption at a 12-seat (maximum) restaurant 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 use will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the subject property. 2. The conditional use permit will be compatible with surrounding uses since the request represents only a negligible expansion of a restaurant use on a commercially zoned property. 3. The proposed Conditional Use Permit No. 03-52 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. Alcohol sales is permitted in the SP5-3-CZ (Specific Plan No. 5 — District 3 — Coastal Zone) zone, subject to conditional use permit approval, pursuant to Specific Plan No. 5. No new construction is proposed. ZA Minutes 01/07/04 7 (04=0107) 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 MV-F12-sp-pd (Mixed Use Vertical — 3.0 max FAR — specific plan — pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.2: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. The requested conditional use permit will accommodate an existing development by allowing the addition of alcohol sales to a permitted land use (restaurant). The proposed use will serve the needs of local residents and visitors to the City by providing for additional dining service and menu options. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-52: 1. The floor plan received and dated October 6, 2003 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. A maximum of 12 seats shall be permitted in the dining room. 3. 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 or 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. 4. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or ZA Minutes 01/07/04 8 (04zm0107) annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 5: ENTITLEMENT PLAN AMENDMENT NO. 03-08 (PSYCHIC BOUTIQUE VENDING CART) APPLICANT: Steve Bobby Stevens, PO Box 1662, Sunset Beach, CA 90704 PROPERTY OWNER: Adel Zeidan, 301 17th Street, Huntington Beach, CA 92648 REQUEST: To allow sales of prepared food from a previously approved stationary vending cart. LOCATION: 126 Main Street, Suite 103 (south side of Walnut Avenue, east of Main Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that a notice of violation was recently issued at the subject address because the landscaping has been removed and paved over with concrete as referenced in suggested iConditions of Approval No. 2. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff discussed the fact that any cooking of food at the proposed vending cart would be subject to County Health Department approval. Ms. Broeren reviewed the plans and discussion ensued concerning the landscaped area that has been replaced by concrete. THE PUBLIC HEARING WAS OPENED. Mike Strange, 9835 Sturgeon, Fountain Valley, representing the applicant, stated that they agree with the suggested conditions of approval. Mr. Strange referenced suggested Conditions of Approval No. 2 and requested that the February 9, 2004 date be extended to February 23, 2004. He further asked that the landscape replacement requirement be restricted to the client's suite only. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked staff to modify suggested Condition No. 2 as follows: On or prior to February 23, 2004 a Landscape Construction Set for replacement of ® landscaping and irrigation lines removed from the northeast corner of the subject property ZA Minutes 01/07/04 9 (04=0107) (adjacent to the subject tenant suite) without City authorization must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, proposed plant materials, and an irrigation plan. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications, Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any mature trees previously removed without City authorization shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. Ms. Broeren advised that the landscaping must be completed before the sale of food from the carts will be allowed. ENTITLEMENT PLAN AMENDMENT NO. 03-08 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 CEQA: 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 minor alterations to existing structures are exempt from further environmental analysis. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 03-08: 1. Entitlement Plan Amendment No. 03-08 to allow sales of prepared food from a previously approved stationary vending cart 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 amendment constitutes a negligible change to the existing operations. 2. The Entitlement Plan Amendment will be compatible with surrounding uses because the sale of prepared food will support the pedestrian oriented environment desired for the Downtown pedestrian overlay zoning district. 3. The proposed Entitlement Plan Amendment No. 03-08 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. With the exception of the addition of prepared food sales, no changes to the location or operation of the existing food cart are proposed. 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 Mixed Use Vertical — 3.0 FAR — specific plan — pedestrian overlay on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: • ZA Minutes 01/07/04 10 (04zm0107) 0 Goal LU 10: Achieve the development of a range of commercial uses. Objective LU 10.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. The addition of food sales to the existing portable vending cart on private property will contribute to the diversity of visitor serving commercial activities in the Downtown commercial core. CONDITIONS OF APPROVAL — ENTITLMENT PLAN AMENDMENT NO. 03-08: 1. The site plan, floor plans, and elevations received and dated October 24, 2003, shall be the conceptually approved layout. 2. On or prior to February 23, 2004 a Landscape Construction Set for replacement of landscaping and irrigation lines removed from the northeast corner of the subject property (adjacent to the subject tenant suite) without City authorization must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, proposed plant materials, and an irrigation plan. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications, Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any mature trees previously removed without City authorization shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. 3. Within 30 days of approval of the required Landscape Construction Set, all required landscaping and irrigation, pursuant to Condition of Approval No. 2, shall be installed and certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. 4. The sale of tobacco products and adult -oriented products or novelties, including video, compact disk or magazines from the cart shall be prohibited. 5. All conditions of approval of Conditional Use Permit No. 01-31 shall remain in effect except as modified herein. 6. 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. The use shall not be established 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 Planning Commission and/or Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. ZA Minutes 01/07/04 11 (04=0107) 7. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 6• CONDITIONAL USE PERMIT NO 03-55 (HOPKINS FAMILY DAYCARE) APPLICANT/ PROPERTY OWNER: Tamara Ann Hopkins, 15792 Plymouth Lane, Huntington Beach, CA 92647 REQUEST: To establish a large family daycare (up to 12-14 children) at an existing single-family residence. LOCATION: 15792 Plymouth Lane (east side of Plymouth Lane, north of Royalist Drive) • PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that two letters in support and one letter in opposition of the proposed project have been received. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed plans and photographs and confirmed with staff that no code enforcement complaints have been filed against the existing day-care facility. Staff advised that the request was noticed beyond the required 300 square -foot radius. THE PUBLIC HEARING WAS OPENED. Blane Baysinger, 15781 Willet Lane, neighboring property owner to the rear of the subject site, spoke in opposition to the proposed project. Mr. Baysinger's concerns were increased noise and invasion of privacy. • ZA Minutes 01/07/04 12 (04=0107) Judy Dodge 15791 Willett Lane, neighboring property owner, spoke in opposition to the proposed project. Ms. Dodge's concerns were noise, invasion of privacy created by high playground equipment and items being thrown into her yard by the neighbor's child. Tamara Hopkins, 15792 Plymouth Lane, applicant, spoke on behalf of the proposed project and urged the Zoning Administrator's approval. Ms. Broeren and the applicant engaged in discussions concerning: • Current operation of the family daycare facility. • Hours of operation. • Hours of outdoor activity. • Ages and number of children. • Number of employees per State licensing agency. • The applicant's willingness to remove the playground equipment. • Willingness of the applicant and neighbors to work together. • The applicant's future plans to start a full time daycare facility. Ms. Broeren stated that she was going to approve the request and asked staff to modify the conditions for approval as follows: Condition of Approval No. 3.b and 3.c: b. Hours of operation shall be limited to between 7-LO07:30 AM and 6-1-005:00 PM Monday through Saturday. c. The day care use shall be limited to the enclosed areas of the residential unit between the hours of 7-LO07:30 AM and 9:00 AM. Add Condition of Approval No. 4: A review of the use shall be presented to the Zoning Administrator at a noticed public hearing approximately six months following issuance of the day care license by the California Department of Social Services. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-55 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 CEQA: 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 ® considered a residential use of the subject property and involves negligible expansion of the existing use. ZA Minutes 01/07/04 13 (04=0107) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-55: 1. The proposed 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 with no physical alterations to the property proposed except those necessary for compliance with applicable building and fire codes. With the conditions imposed, the proposed day care use will not generate adverse noise or traffic impacts to the surrounding neighborhood. Noise and parking impacts to adjoining residences will be minimized by restrictions on outdoor activities before 9:00 a.m. and required on -site parking of vehicles for loading and unloading of children. The property provides the on -site parking capacity required by the Huntington Beach Zoning and Subdivision Ordinance via a two -car garage and a driveway that can accommodate a minimum of two vehicles. In addition, adjacent on -street parking space for a minimum of one vehicle is provided. 2. The conditional use permit will be compatible with surrounding uses because the use will not generate significant noise, traffic, parking or other impacts inconsistent with the residential zoning designation, based on the conditions of approval. 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. Large -family daycare is a permitted use in the RL (Residential Low -Density) zoning district, with approval of a conditional use permit by the Zoning Administrator. The proposed use will be limited to a maximum of 12 children (or up to 14 if two of the children are six years or older), and will be subject to compliance with all applicable building and fire codes. 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 Residential Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Objective LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. 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. The proposed conditional use permit will provide for the establishment of a residential support facility serving the needs of the surrounding neighborhood. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-55: 1. The site plan, floor plans, and elevations received and dated October 17, 2003 shall be the conceptually approved layout. 0 ZA Minutes 01/07/04 14 (04zm0107) • 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. b. The use shall be licensed by the California Department of Social Services. A copy of the day care license shall be submitted to the Planning Department for inclusion in the entitlement file. c. 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: d. A maximum of 12 children, or up to 14 if two of the children are six years or older, may be provided care at any one time. e. Hours of operation shall be limited to between 7:30 AM and 5:00 PM Monday through Saturday. f. The day care use shall be limited to the enclosed areas of the residential unit between the hours of 7:30 AM and 9:00 AM. g. Day care employees shall park in the garage or on the driveway at all times to reduce impacts to on -street parking. h. All ingress and egress to the day care facility shall occur through the front door. No foot traffic shall occur over adjacent properties. i. No signs identifying the day care facility shall be placed on the property. j. Loading and unloading of children from vehicles shall occur only on the applicant's driveway or curbside on the public street directly in front of the residence. k. Play equipment shall not exceed six feet in height, except as approved by the Zoning Administrator at a noticed public hearing. 4. A review of the use shall be presented to the Zoning Administrator at a noticed public hearing approximately six months following issuance of the day care license by the California Department of Social Services. 5. 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. 6. 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 01/07/04 15 (04zm0107) INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. THE MEETING WAS ADJOURNED AT 3:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 14, 2004 AT 1:30 PM. Mary Beth roeren Zoning Administrator rmk 0 • ZA Minutes 01/07/04 16 (04zm0107)