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HomeMy WebLinkAbout1990-09-19MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 19, 1990 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBER: Mike Connor, Herb Fauland MINUTES: The Minutes of the September 5, 1990 were approved as submitted and the minutes of September 12, 1990 were continued to the September 26, 1990 Zoning Administrator meeting. REGULAR AGENDA ITEMS: ITEM 1: ENVIRONMENTAL ASSESSMENT NO. 90-7 Applicant: Rainbow Transfer/Recycling Company, Inc. Request: To permit an increase of the allowable tonnage transferred/recycled from 1,500 tons to 2,000 tons per day. Location: 17121 Nichols Street Herb Fauland, Staff Planner, reported that the request is a re -submittal of Environmental Assessment No. 90-7 which was approved by the Zoning Administrator on May 9, 1990 in conjunction with Administrative Review No. 90-2. The CEQA guidelines require a 30 day review period for projects which have an area wide significance. The State Environmental Agency determined that the 21 day review period was not sufficient and therefore Environmental Assessment No. 90-7 required circulation through the State Clearinghouse. Staff advised that Environmental Assessment No. 90-7 was re -advertised for the 30 day period. Staff noted that the comments received during the review period were addressed in the mitigation meausures of the Environmental Review. Staff recommended approval with suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Ron Shenkmam, representing the applicant, concurred with staff's recommendation and the suggested conditions of approval. He further advised that the facility is preparing to meet the State mandated laws for waste management. Bill Anderson, 17066 Palmdale, spoke in opposition to the request. He said that every couple of years Rainbow Transfer/Recycling Co., Inc. requests an increase in the allowable tonnage to be processed which enables them to bring in trash from other communities. He said his business is located across the street and that six times in the last three months he has called Rainbow Disposal to complain about the odor associated with the facility. He was concerned that with an increase in tonnage, the odor from the facility would worsen and his property would be worth less. Staff advised that mitigation measure no. 1 required the applicant to submit to the South Coast Air Quality Management District information on equipment or facilities which may generate air pollutants for their review prior to issuance of a Certificate of Occupancy. Ron Shenkmam, representing Rainbow Disposal, advised that there is a school directly across the street and they had not received any complaints from the school or any other neighbors regarding odors from the facility. Richard Timm, representing Rainbow Disposal, said he had received calls from Mr. Anderson in the past and immediately implemented spraying of the area to reduce the odors emitted from the unloading of the trash trucks. ENVIRONMENTAL ASSESSMENT NO. 90-7 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH CONDITIONS OF APPROVAL AND A MITIGATION PLAN RELATIVE TO THE ODOR TO BE APPROVED BY THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. SPECIAL CONDITIONS OF APPROVAL: 1. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate Of Occupancy for any use within the building. 2. The applicant shall provide an odor mitigation plan subject to the review and approval of the South Coast Air Quality Management District. A copy of the approved plan shall be submitted to the Community Development Department for inclusion in the subject file. 3. Public Works Department shall provide routes for truck traffic. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes - 9/19/90 -2- (7237d) 1 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The -Zoning Administrator reserves the right to revoke Environmental Assessment 90-7 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: WAIVER OF FINAL MAP/TENTATIVE PARCEL MAP NO. 90-206 Applicant: James Smith Request: Waiver of Final Map for Tentative Parcel Map No. 90-206 to consolidate two (2) lots into one (1) parcel of land. Location: 201 12th Street Mike Connor, Staff Planner, reported that Tentative Parcel Map No. 90-206 was approved by the Zoning Administrator on May 9, 1990. The public improvements have been completed on the property and as a result the Department of Public Works has approved the processing of the waiver of the final map. Staff recommended approval with findings for approval. TENTATIVE PARCEL MAP NO. 90-206 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH FINDINGS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS OF APPROVAL FOR WAIVER: 1. The proposed waiver to consolidate lots 1 and 3 of Block 212 of the Huntington Beach Tract into one (1) parcel of land complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision Section of the Ordinance Code. TENTATIVE PARCEL MAP NO, 90-272 Applicant: Phil Zisakis/City of Huntington Beach Request: To consolidate two parcels into one pursuant to Section 9920 of the Huntington Beach Ordinance Code with a waiver of the Final Parcel Map. Location: 17131 Beach Blvd. ZA Minutes - 9/19/90 -3- (7237d) Mike Connor, Staff Planner, reported that the property is within the Oakview Redevelopment Project Area and that the applicant has been working with the Redevelopment Department Staff. Previously Tentative Parcel Map No. 90-111 was reviewed and approved by the Zoning Administrator which created two parcels located at the northwest corner of Beach Boulevard and Crypress Avenue. He said that this request is to consolidate the existing parcel and Tentative Parcel Map No. 90-111. Staff recommended approval of the Tentative Parcel Map; however, advised that the waiver of the final map could not be requested until the public improvements were made on the property. Phil Zisakis, the applicant, said that the public improvements are being made by the Redevelopment Agency through Block Grant Funding. TENTATIVE PARCEL MAP NO. 90-272 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH CONDITIONS OF APPROVAL. THE PARCEL MAP WAIVER WAS DEEMDED TO BE NOT APPLICABLE UNTIL ALL PUBLIC WORKS CONCERNS HAVE BEEN MET. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The proposed subdivision of four (4) parcels for purposes of industrial (commercial) use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. Tentative Parcel Map No. 90-272 received by the Department of Community Development on August 8, 1990 shall be the approved layout (with the amendments as noted thereon). 1 ZA Minutes - 9/19/90 -4- (7237d) 1 2. , A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 5. All utilities shall be installed underground at the time said parcel(s) is/are developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. Tentative Parcel Map No. 90-272 cannot be recorded until Tentative Parcel Map No. 90-ill is recorded with the county. 8. Street improvements shall be constructed to Public Works standards. 9. Upon completion of the above conditions, the applicant may submit a request for the waiver of the final parcel map in conjunction with an eight and one-half (8 1/2) inches by an eleven (11) inch plat map. Upon the granting of the final map waiver by the Zoning Administrator, the applicant shall record a "Covenant To Hold Properties As One Parcel" and the approved plat map with the Orange County Recorder's Office. A copy of the recorded covenant shall be filed with the Department of Community Development prior to final inspection issuance of building permits. 10. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 11. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. ITEM 4: USE PERMIT NO. 90-42 Applicant: Lewis Brooks DBA/H.B. German Car ZA Minutes - 9/19/90 -5- (7237d) Request: To permit automotive sales, service and minor automotive repair pursuant to Section 9220.1(9) of the Huntington Beach Ordinance Code Location: 19791 Beach Blvd. Mike Connor, Staff Planner, reported that the applicant's request is to decrease the amount of boat sales and add automobile sales. He recommended that parking spaces be marked and posted for customer parking, employee parking and recommended that these spaces should not be used for boat or automobile sales. Staff recommended approval with findings and conditions of approval. The Zoning Administrator requested the plans be revised to show the fire lanes as designated by the Fire Department. THE PUBLIC HEARING WAS OPENED. Lewis Brooks, the applicant, agreed with staff's recommendation and the conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 90-42 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 90-42 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The combination and relationship of one proposed use to another on site are properly integrated. ZA Minutes - 9/19/90 -6- (7237d) 6. The access to and parking for the proposed use does not create an undue traffic problem. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 29, 1990 shall be the conceptually approved layout. 2. Prior to use or issuance of a Certificate of Occupancy, the following plans and items shall be submitted and/or completed by the applicant: a. Four (4) sets of landscape and irrigation plans to the Department of Community Development and Public Works for review and approval. b. Revised site plans depicting all fire lanes as designated by the Fire Department. 3. Installation of required landscaping and irrigation systems shall be completed prior to issuance of a Certificate of Occupancy. 4. Employee and customer spaces shall be clearly marked and/or posted prior to issuance of a Certificate of Occupancy. 5. All signs shall be brought into conformance with Article 961 (signs) of the Huntington Beach Ordinance Code prior to issuance of a Certificate of Occupancy. Only one freestanding sign shall be permitted on site. 6. On -site fire extinguishers shall be provided in number and at locations specified by the Fire Department. 7. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 8. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 9. Except for vehicles for sale there shall be no outside storage of vehicles, vehicle parts, equipment or trailers within the front portion of the lot. 10. All repair work shall be conducted wholly within the building. 11. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. ZA Minutes - 9/19/90 -7- (7237d) 12. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 13. Customer parking (10 spaces) shall not be used to park for sale vehicles, vehicles to be serviced or employee parking. 14. Employee parking shall not be used to park for sale vehicles. 15. Landscape planters adjacent to parking stalls and/or drive aisles shall be of 2'6" radius type construction. 16. Each use shall be limited to six (6) vehicles (twelve (12) maximum total) for sale at any given time. 17. Security gates shall comply with Huntington Beach Fire Department Standard No. 403, six month review. 18. A six month review shall be conducted to assure compliance with all codes and conditions of approval. If violations occur and are not corrected a revocation hearing may abe scheduled. 19 This use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 5. All signs shall be brought into compliance with the Huntington Beach Ordinance Code prior to issuance of a Certificate of Occupancy. 6. The major identification sign shall be removed or altered to comply with Article 961 within ninety (90) days of the approval date. ZA Minutes - 9/19/90 -8- (7237d) 1 7. Automotive service and related businesses within commercial centers are required to provide a minimum of five (5) parking spaces per tenant. Additional parking may be required depending on the square footage occupied by the business. Parking shall comply with Article 960 of the Huntington Beach Ordinance Code. 8. Landscaping shall comply with Section 9608 of the Huntington Beach Ordinance Code. 9. Prior to issuance of a Certificate of Occupancy the applicant shall restripe the parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. 10. A review of the use shall be conducted within six (6) months of the issuance of a Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Use Permit No. 90-42 may become null and void. 11. The Zoning Administrator reserves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 5• USE PERMIT NO. 90-52 Applicant: Uri Gati, President California Resorts International, Inc. Request: To permit outdoor dining at Pierside Pavillion Location: 300 Pacific Coast Highway Mike Connor, Staff Planner, reported that the request is for outside dining at four locations within the private property at Pierside Pavillion. He stated that it is essential that these tables should not obstruct pedestrian flow or be placed in the public right of way. Staff recommended approval with findings and conditions of approval. Dennis Groat, representing the Fire Department, stated that Fire Department supports the applicant's request. THE PUBLIC HEARING WAS OPENED. Uri Gati, the applicant, said the purpose for the request is to increase activity which will draw new business from customers driving down Pacific Coast Highway. Mike Roberts urged the Zoning Administrator's approval. He said that the tables are small and would be placed under a overhang. ZA Minutes - 9/19/90 -9- (7237d) USE PERMIT NO. 90-52 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 90-52 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The combination and relationship of one proposed use to another on site are properly integrated. 6. The proposed outdoor dining is temporary/portable in nature, and is expected to serve pedestarians already on site therefore no intensification of use is anticipated. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated September 4, 1990 shall be the conceptually approved layout. 2. A revised site plan shall be submitted depicting the modifications described herein: a. Amy's Bakery shall be limited to a maximum of eight (8) tables with a maximum seating capacity of two (2) persons at each table. b. Jan's Health Food Bar and the adjoining tenant (currently vacant) shall be limited to a total of six tables with a maximum seating capacity of four (4) persons at each table. c. Johnny Rockets and Matsu's shall each be limited to a maximum seating capacity of ten (10) tables with a maximum seating capacity of four (4) persons at each table. 1 ZA Minutes - 9/19/90 -10- (7237d) 3. Two (2) person tables shall be a maximum of 24 inches in diameter. 4. Four (4) person tables shall be a maximum of 42 inches in diameter. 5. Tables and chairs shall not be placed in the public right of way or within the primary path of pedestrian travel. 6. All tables and chairs shall be removed at the close of business each day. Seating areas shall be cleaned and swept at the close of business each day. 7. No other locations or additional chairs or tables shall be used without approval by the zoning administrator. 8. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 9. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to the Community Development Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code,*Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON SEPTEMBER 26, 1990. Michael Strange Zoning Administrator :jr ZA Minutes - 9/19/90 -11- (7237d)