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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.
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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.
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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.
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• 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.
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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
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• 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.
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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.
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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
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