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HomeMy WebLinkAbout2005-08-10• • 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 10, 2005 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jason Kelley, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: July 20 and 27, 2005 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 05-13 (MADRID FAMILY DAYCARE) APPLICANT/ PROPERTY OWNER: Tena Madrid, 8102 Malloy Drive, Huntington Beach, CA 92646 REQUEST: To permit the establishment of a large -family daycare (up to 12 to 14 children) at an existing single-family residence. LOCATION: 8102 Malloy Drive (south side of Malloy Drive between Yvonne Drive and Somerville Lane) PROJECT PLANNER: Jason Kelley Jason Kelley, 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 the request is the result of a Code Enforcement action for failure to obtain the required conditional use permit in 1996 when the operating daycare facility received State approval. 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 no written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Phil Gora, 8252 Munster Drive, neighborhood property owner, spoke in opposition to the proposed project based upon increases in parking, traffic hazards, noise from vehicles while dropping off and picking up the daycare children, and loss of solitude in backyards. Manny Rothstein, 8112 Malloy Drive, adjacent property owner, spoke in opposition to the proposed project based upon noise from children and vehicles, inability to enjoy his retirement years by sleeping -in late, and intrusion upon his tranquility. Stanley Kosalka, 8171 Indianapolis, neighborhood property owner, spoke in opposition to any business in a residential neighborhood, in particular a daycare business, based upon traffic and noise. Tena Madrid, 8102 Malloy Drive, applicant, stated that because the subject daycare business currently has 12 children, there will be no increases in children, traffic and noise. Ms. Madrid stated that during the 19-year existence of the daycare, no complaints have been received from neighbors or social services. She stated that the ratio of vehicles per children is not one-to-one because parents arrive with up to three children per car. Ms. Madrid spoke further on behalf of the proposed project and advised that she works with the parents in being considerate of the neighborhood. She presented six letters from surrounding residents supporting her request. Ms. Broeren engaged in discussions with the applicant. The applicant stated that at times multiple families arrived in one vehicle because parents pickup and drop off children for each other; the ages of the children range from one -and -one-half years to five years of age; after school children are not taken in; honking from vehicles is not allowed; children are not dropped off throughout the day, and hours of operation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she understands the concerns of the neighboring property owners. She stated that the subject property provides good buffering for the proposed type of use based upon an alley to the rear, the lot configuration and vegetation. She stated that the subject daycare facility is licensed by the State whereby strict rules are imposed. Ms. Broeren stated that she was going to approve the request and advised that if violations of the conditions of approval occur, the neighbors can call the City Code Enforcement office. She stated that repeated violations could result in a return hearing before the Zoning Administrator for a revocation of the conditional use permit. 11 r1 U G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 2 (05zm0810) Ms. Broeren asked staff to modify the suggested findings and conditions of approval as follows: Suggested Finding for Approval No. 2 add the following: Orientation of the home and the alley at the rear of the property help buffer/minimize noise impacts. Suggested Condition of Approval No. 3.b: Hours of operation shall be limited to between 7:00 AM and &906:00 PM Monday through Friday. CONDITIONAL USE PERMIT NO. 05-13 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS. 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 15274 of the CEQA Guidelines, because CEQA does not apply to the operation of a large family day care home for up to 14 children. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-13: Conditional Use Permit No. 05-13 for the establishment, maintenance and operation of a large -family daycare (up to 12 to 14 children) at an existing single-family residence will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The use will be provided 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. 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. The required parking will be provided on site and drop-off / pick-up parking is available along the street in front of the residence. Orientation of the home and the alley at the rear of the property help buffer/minimize noise impacts. Specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care. GAZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 3 (05zm0810) 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. Large -family daycare is a permitted use in the RL (Residential Low -Density) zoning district, with the approval of a conditional use permit by the Zoning Administrator. The proposed use will be limited to a maximum of 14 children, and will be subject to compliance with all applicable building and fire codes. 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 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: 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. The proposed conditional use permit will provide for the establishment of a residential support facility serving the needs of the surrounding neighborhood. 0 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05-13: The site plan and floor plans received and dated April 27, 2005 shall be the conceptually approved design. 2. Prior to commencement of the large -family daycare use, the following 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 into the entitlement file. 3. The use shall comply with the following: a. The 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. b. Hours of operation shall be limited to between 7:00 AM and 6:00 PM Monday through Friday. c. Daycare employees shall park in the garage or on the driveway at all times to reduce the impacts to on -street parking. d. All ingress and egress to the daycare facility shall occur through the front door. No foot traffic shall occur over adjacent properties. G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 4 (05zm0810) • e. No signs identifying the daycare facility shall be placed on the property. f. 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. 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 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 2: COASTAL DEVELOPMENT PERMIT NO. 04-16 / CONDITIONAL USE PERMIT NO. 04-49 (AAA ANIMAL HOSPITAL) APPLICANT: George Benham, 1150 E. Orangethorpe, Suite 109, Placentia, isCA 92870 PROPERTY OWNER: Samir S. Botros, 21632 Newland Street, Huntington Beach, CA 92646 REQUEST: 21632 Newland Street (northeast corner of Newland Street and Edison Avenue) LOCATION: To permit the construction of a one-story, 4,200 sq. ft. animal hospital and 4,250 sq. ft. outdoor kennel. The existing animal hospital and kennel will be demolished. 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 and conditions of approval as outlined in the executive summary. Staff stated that suggested conditions of approval numbers 1.a and 1.c are the result of recommendations from the Design Review Board (DRB). Staff stated that the applicant opposes condition no. 1.c. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. No written or verbal comments were received in response to the public notification. Inquires were received from a former employee and volunteer at the subject business. GAZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 5 (05zm0810) Mary Beth Broeren, Zoning Administrator, reviewed the project plans. Discussions ensued with staff concerning the driveway approach and the aesthetic reasons for the trellis. THE PUBLIC HEARING WAS OPENED. George Benham, 1150 E. Orangethorpe, Suite 109, Placentia, applicant, spoke on behalf of the proposed project. Mr. Benham stated a preference to have the proposed trellis remain. He stated acceptance of the conditions of approval. The property manager for the Huntington By -The -Sea Mobile Estates, inquired into the number of animals that would be housed at the subject site, changes in the number of parking, and soundproofing of the kennels. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren, staff and the applicant engaged in discussions concerning the increase in parking and the enclosed animal capacity for 53 dogs, which is the current capacity. Further discussion ensued concerning landscaping. The applicant stated that complete landscape plans would be brought to the Planning Department. Ms. Broeren asked staff to delete Suggested Condition of Approval No. 1.a. in view of what the applicant has done in response to the DRB and adding stone veneer. She stated that vegetation would need to be added in-between the columns. Ms. Broeren stated that the applicant would need to work with the Public Works Department concerning the suggested condition for removal of the trellis. The applicant thanked staff for their work on the project. COASTAL DEVELOPMENT PERMIT NO. 04-16/CONDITIONAL USE PERMIT NO. 04-49 WERE 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) 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 15303 of the CEQA Guidelines, because the project consists of the construction of a commercial building less than 10,000 sq. ft. in size with available public services and facilities, the project is not located in an environmentally sensitive area, and the project contains no significant hazardous materials. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-16: Coastal Development Permit No. 04-16 for the construction of a one-story, 4,200 sq. ft. animal hospital and 4,250 sq. ft. outdoor kennel, as proposed, conforms to the General G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 6 (05zm0810) • Plan, including the Local Coastal Program by implementation of the following Coastal Element goals, objective, and policies: a. C 1.2.1 - Accommodate existing uses and new development in accordance with the Coastal Element Land Use Plan and the Development and Density Schedule Table C-1. b. C 4.7 - Improve the appearance of visually degraded areas within the Coastal Zone. The proposed development is consistent with the Coastal Element Land Use designation for the site of I-F2-d (Industrial, 0.50 maximum Floor Area Ratio, Design Overlay). The project will help improve the appearance of the area by replacing the existing modular buildings with a more attractive structure and will include a new 10 ft. wide landscaped planter along Newland St. and 17 ft. wide landscaped planter along Edison Ave. The proposed animal hospital and kennel will not impact public views to the coast. There are limited views across the site due to the AES generating station. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets or exceeds all minimum development standards including but not limited to setbacks, height, and parking. The project will comply with all Public Works, Fire, and Building and Safety Department codes and requirements. The proposal conforms to the city's Design Guidelines and incorporates variations in form, building details, colors, and materials that create visual interest, • 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 modifications are located on an existing site, which will provide dedication and/or improvements to the Newland St. and Edison Ave. frontages to improve circulation in the area. 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. In addition, the project is subject to payment of required park fees, to be used for acquiring and maintaining public parkland for recreational use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-49: 1. Conditional Use Permit No. 04-49 for the construction of a one-story, 4,200 sq. ft. animal hospital and 4,250 sq. ft. outdoor kennel 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 project will result in the removal of modular and permanent structures to be replaced with a permanent structure with a more attractive design consistent with the city's adopted Design Guidelines. The project will enhance the appearance of the area with the installation of landscaped planters along Newland St. and Edison Ave. The proposed animal hospital will be conducted entirely indoors and will not have impacts pertaining to noise, light/glare, and/or odors. The proposed dog kennel will not be visible from the Newland Street frontage in that it is enclosed with 6 ft high walls and located behind the proposed animal hospital. The individual kennels will be constructed of masonry block to reduce impacts pertaining to noise. The kennels are designed for easy • maintenance and cleaning to reduce impacts pertaining to odors. The nearest residential neighborhood is separated by Newland Street and is approximately 300 ft. away. GAZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 7 (05zm0810) 2. The conditional use permit will be compatible with surrounding uses. The subject land use is appropriate at the proposed location because the site is easily accessible by major roadways and anticipated traffic will not impact local residential streets. The existing and proposed perimeter block walls provide adequate sound attenuation from the adjacent properties. Furthermore, the proposed animal hospital will improve the appearance of the subject property. The proposed building consists of similar mass and scale to that of the surrounding developments. The structures consist of a quality design that includes offset rooflines, high quality materials, and architectural treatments. The site is designed with a safe and efficient circulation pattern, accessible parking layout, and quality landscape design. 3. The proposed animal hospital and kennel 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. The project as proposed meets or exceeds the minimum development standards and is allowed subject to approval of a conditional use permit and coastal development permit. 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 I-F2-d (Industrial, 0.50 maximum Floor Area Ratio, Design Overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ➢ LU 4.1.2 - Require that an appropriate landscape plan be submitted and implemented for development projects subject to discretionary review. ➢ LU 4.2.1 - Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re -used, and renovated buildings. ➢ 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. ➢ LU 7.1.1 - Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. The project will include adequate parking and landscaping pursuant to the zoning ordinance. The new structures will be built according to the City's building and other pertinent codes and will include all necessary utility infrastructure needed to support the use. WZONING ADMINISTRATOR\ZAMIN\05\05zm0810.DOC 8 (05zm0810) CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-16 / CONDITIONAL USE PERMIT NO. 04-49: 1. The site plan, floor plans, and elevations received and dated June 20, 2005, shall be the conceptually approved design with the following modifications: a. The metal standing seam roof over the entrance tower shall be exchanged with a tile roof. b. The proposed trellis patio cover and block wall within the 10 ft. sewer easement, located along the northerly property, shall be removed unless determined otherwise by the Public Works Department. 2. Prior to submittal for building permits, an application for a Lot Line Adjustment shall be submitted to the Planning Department. 3. Prior to issuance of building permits, the Lot Line Adjustment shall be reviewed and approved by the Planning and Public Works Departments and the lot line adjustment form shall be recorded. 4. The use of the kennel shall comply with all applicable requirements of the County of Orange Health Care Agency. 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 2:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 24, 2005 AT 1:30 PM. CA Q<11-1 Ma B Broeren Zoning Administrator rmk G:\ZONING ADM] NISTRATOR\ZAMIN\05\05zm0810.DOC 9 (05zm0810)