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HomeMy WebLinkAboutExtension of Time VAR2003017 - Notice of action Letter w Findings & Conditions of Approvala is v` 4 OF + I CE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH o CALIFORNIA P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 February 12, 2004 Andrea Fiscus-Munoz 16868 A Street Huntington Beach, CA 92647 NOTICE OF ACTION SUBJECT: VARIANCE NO. 03-17 (BEACH/SLATER CHEVRON - REMODEL - CONTINUED FROM THE JANUARY 23, 2004 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Andrea Fiscus-Munoz REQUEST: To permit (1) a total of 8 percent landscaping in lieu of the Code-required 10 percent, (2) a landscape planter width of 2 ft along the westerly property line and a landscape planter width of 3 ft along the southerly property line, in lieu of the Code-required 10 ft , based on an exterior facade remodel of the existing service station including the installation of new fuel pump canopy tops PROPERTY OWNER: G&M Oil Co , Inc, 16868 A Street, Huntington Beach, CA 92647 LOCATION: 17472 Beach Boulevard (northeast corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Paul Da Veiga DATE OF ACTION: January 28, 2004 On Wednesday, Februa 11 2004 the Huntington Beach Zoning Administrator took action on your application, and your application was conditionall a roved Attached to this letter are the findings and conditions of approval Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements G \ZA\ZALTRS\03\VAR03-17 021104 doc qF Variance No 03-17 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator becomes final at the expiration of the appeal period A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal A filing fee shall also accompany the notice of appeal The appeal fee is $1263 00 for a single-family dwelling property owner appealing the decision on his/her own property The appeal fee is $1540 00 for all other appeals In your case, the last day for filing an appeal and paying the filing fee is Februa 23 2004 Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started You are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020 If you have any questions regarding this Notice of Action letter or the processing of your application, please contact the project planner or the Planning Department Zoning Counter at (714) 536-5271 Sincerely, Mary Beth Broeren Zoning Administrator MBB PD rk Attachment c Property Owner W ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL VARIANCE NO. 03-17 FINDINGS FOR PROJECTS EXEMPT FROM CE A: 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 a facade renovation of an existing commercial structure involving negligible or no expansion of use beyond that previously existing FINDINGS FOR APPROVAL - VARIANCE NO. 03-17: 1 The granting of Variance No 03-17 to permit a landscape planter width of 3 ft along the westerly property line and a landscape planter width of 8 ft along the southerly property line, in lieu of the Code-required 10 ft , will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification The proposed variance will allow for an exterior remodel of an existing service station building while providing additional perimeter landscaping along the perimeter of the subject site Similar approvals have been granted for exterior upgrades to commercial properties with non-conforming landscaping based on the location of existing improvements on the site 2 Because of special circumstances applicable to the subject property, including the size of the property and location of existing improvements on the site, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification The site is approximately 17,020 square feet in size and is substandard in lot size based on the minimum required lot size of 20,000 square feet for service stations Based on the substandard lot size, the property does not meet the minimum required width for landscape planters The subject property is currently developed with a service station building and gas pump islands and canopies The location of the gas pump islands does not allow for compliance with the minimum landscape planter widths along the street frontages based on their proximity to the southerly and westerly property lines 3 The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights The granting of the variance will allow the property owner the ability to make necessary extenor upgrades to the subject site in order to ensure that the property is comparable in design and function to similar properties in the general area 4 The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification The subject property is currently developed with a service station with no landscaping The granting of the variance will enhance the property aesthetically by providing new landscape planters on the subject site and exterior upgrades to the existing service station 5 The granting of the variance will not adversely affect the General Plan It is consistent with the Land Use Element designation of Commercial General on the subject property by G \ZA\ZALTRS\03\VAR03-17 021104 doc Attachment 1 1 allowing exterior upgrades to an existing commercial building, which will be compatible with similar structures in the general vicinity of the site and will enhance the aesthetics of the property with the introduction of new landscape planters CONDITIONS OF APPROVAL - VARIANCE NO. 03-17: 1 The site plan, floor plans, and elevations received and dated December 17, 2003 shall be the conceptually approved layout with the following modifications V The landscape planter located along the northerly property shall be increased to five feet width in accordance with plans dated Jan 20, 2004 as amended by staff The landscape planter located along the southerly property shall be increased to eight feet in width in accordance with plans dated Jan 20, 2004 as amended by staff c The landscape planter located along the westerly property shall be increased to three Vfeet in width in accordance with plans dated Jan 20, 2004 as amended by staff e stucco color of the gas pump canopies and support columns shall be "Havana" or a similar color as approved by the Planning Department e The northerly-most driveway approach located along the Beach Blvd frontage shall be reduced in width to 30 feet and reconstructed in accordance with City Specifications 2 Prior to issuance of building permits, the subject property shall enter into an irrevocable reciprocal driveway and parking easement(s) with adjacent commercial properties or provide a recorded copy of an existing agreement If access is not currently possible to an adjacent property, an irrevocable offer for reciprocal driveway and parking access shall be recorded on the subject property The location and width of the accessway shall be reviewed and approved by the Planning Department and Public Works Department The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach 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/LTRS/03NAR03-17 021104 Attachment 1 2 OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH e CALIFORNIA P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 January 29, 2004 Andrea Fiscus-Munoz 16868 A Street Huntington Beach, CA 92647 NOTICE OF ACTION SUBJECT* VARIANCE NO. 03-17 (BEACH/SLATER CHEVRON - REMODEL) APPLICANT: Andrea Fiscus-Munoz REQUEST- To permit (1) a total of 8 percent landscaping in lieu of the Code-required 10 percent, (2) a landscape planter width of 2 ft along the westerly property line and a landscape planter width of 3 ft along the southerly property line, in lieu of the Code-required 10 ft, based on an exterior facade remodel of the existing service station including the installation of new fuel pump canopy tops PROPERTY OWNER: G&M Oil Co, Inc, 16868 A Street, Huntington Beach, CA 92647 LOCATION: 17472 Beach Boulevard (northeast corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Paul Da Veiga DATE OF ACTION : January 28, 2004 On Wednesday, Janua 28 2004 the Huntington Beach Zoning Administrator took action on your application, and your application was Continued to the Februa 11 2004 meeting Sincerely, Herb Fauland, Acting Zoning Administrator HF PD rk c Property Owner