HomeMy WebLinkAbout1994-06-22MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DUNE 22, 1994 - 1:30 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER: Jane Madera
MINUTES: The Minutes of the June 8 and June 15, 1994 Zoning
Administrator Meeting were continued
ITEM 1: Negative Declaration No. 94-2
Applicant: Tom Zanic
Seacliff Partners
520 Broadway, Ste. #100
Santa Monica, CA 90401
Request: To stockpile approximately 217,000 cubic yards of soil on 8-10 acres in the Holly-
Seacliff area. Soils to be stockpiled have been generated as a result of grading
activities conducted on other approved tracts within the Holly-Seacliff Specific
Plan and relocation of soils previously brought into the area as a result of
stockpiling activities associated with the Santa Ana River Channel improvement
project.
Location: Generally located within the Holly-Seacliff Specific Plan area, north of
Ernest Avenue between Goldenwest and Gothard Streets
Jane Madera, Staff Planner reported that this application was a request for a stockpiling permit
which is not exempt from the California Environmental Quality Act. Staff reported that they have
prepared an Environmental Assessment and the corresponding Mitigated Negative Declaration
was recommended by the Environmental Assessment Committee as well as the Huntington Beach
Environmental Board. The project involves stockpiling of approximately 217,000 cubic yards of
soils between Ellis and Goldenwest Streets in the area of the new Gothard Street alignment. Staff
reported that the property owner currently has soils stockpiled adjacent to this project. Staff
reported that this soil has come from the Santa Ana River project and from existing tracts which
are considered clean soils. Staff presented a letter from the Environmental Board identyfying
concerns such as dust control measures and dust impacts to residential units within the area. The
Environmental Board also commented about is possible erosion and possible sedimentation into
nearby Sully Lake. Staff reiterated the recommended mitigation measure that requires standard
erosion control practices to prevent siltation and erosion impacts. Staff reported that the Public
Works Department will assist with mitigation monitoring. Staff reported that this stockpiling
would take approximately 36 days. Staff recommended approval with findings and conditions.
The applicant's, representative Mike Kaizoji was present and stated that mitigation measures
would be taken to control dust and erosion. He stated that they currently have two water trucks
running full time and at the time of the stockpiling they would add more trucks as needed. He
also stated that the stockpile would be there for approximately 6 months and concurred with
staff s recommendation.
There were no other persons present to speak for or against this request.
NEGATIVE DECLARATION NO. 94-2 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MITIGATION MEASURES. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS.
MITIGATION MEASURES:
1. Prior to issuance of a stockpiling permit, the applicant shall obtain approval of a erosion and
desiltation control plan from the Department of Public Works. At a minimum, the plan shall
indicate how the swale will be protected from siltation and erosion impacts for the life of the
stockpile. Plans shall specify the location of desilting facilities, sandbagging, hydroseeding,
and/or other methods to be utilized to mitigate the erosion and siltation impacts to the swale
and Sully Miller Lake.
2. During earthmoving and stockpiling activities, the applicant shall comply with the
following provisions:
a. Apply water 3 times per day or non -toxic soils stabilizers, according to the
manufacturer's specifications, to all unpaved parking or staging areas, road surfaces and
the stockpiled dirt. Treatment shall be sufficient to form a solid crust over the dirt for
the life of the stockpile.
b. Sweep Gothard Street (between Ellis Avenue and Main Street) at the end of the day to
prevent the distribution of dust and soils deposited on Gothard, from hauling
operations across Gothard, on to surrounding roads. This mitigation measure is only
applicable for the duration soils hauling activities across Gothard Street.
c. Soils hauling trucks and equipment shall be washed down prior to departure from the
project site to prevent fugitive dust emissions along surrounding streets.
d. Traffic speeds on all unpaved roads or circulation routes shall be restricted to 15 miles
per hours to minimize dust generation.
e. Soil hauling and truck traffic shall be a continuous operation until the project is
completed. The soil movement activity may occur for a maximum sixty (60) days from
start to finish.
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3. Suspend earthmoving activities during windy conditions where winds exceed 15 miles per
hour locally or when blowing dust becomes a nuisance as determined by the Director of
Public Works.
4. During earthmoving and stockpiling activities, the applicant shall comply with the
following provisions:
a. Use low sulfur fuel (.05% by weight) for equipment;
b. Use low -emission mobile and on -site stationary construction equipment and maintain
equipment engines in proper tune.
c. Suspend use of all equipment operations during second stage smog alerts.
5. Prior to issuance of stockpiling permit, the applicant shall provide evidence of compliance
with windrow mitigation required as a condition of approval on Tentative Tract Map No.
14659 to ensure that stockpiling activities will not conflict with the requisite windrow
mitigation program.
6. Prior to issuance of stockpiling permit, a traffic control plan shall be submitted to the
Department of Public Works for approval. The plan shall at minimum identify any street
closures or obstructions to traffic, means for maintaining emergency access and circulation
and provide adequate warning signs to motorists and bicyclists (pursuant to Traffic Division
standards).
7. The applicant shall notify the Police and Fire departments of any lane or street closures along
Gothard Street a minimum of 24 hours prior to the closure.
ITEM 2: USE PERMIT NO.94-41(Temporary Outdoor Event)
Applicant: Mark Miller
The Trading Post
6952 Warner Avenue
Huntington Beach, CA 92648
Request: To permit two (2) temporary outdoor events for placement of a trailer with advertising
in the parking lot at The Trading Post from June 30-July 11, 1994 and from August
19-August 28, 1994 pursuant to Section 9730.64 of the Huntington Beach Ordinance
Code.
Location: 6952 Warner Avenue
Jane Madera, Staff Planner reported that this application was a request for a temporary outdoor
event for the Trading Post for their annual event from June 30-July 11 and August 19-28, 1994
for a total of 21 days. The request consists of parking an oversize vehicle outside for advertising
purposes and no outdoor sales will take place. Staff recommended approval with findings and
conditions.
ZA Minutes 6/22/94
THE PUBLIC HEARING WAS OPENED
The applicant, Mark Miller was present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO. 94-41 (Temporary Outdoor Event) WAS APPROVED BY THE
ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND
CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE
ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING
COMMISSION WITHIN TEN (10) CALENDAR DAYS.
FINDINGS FOR APPROVAL:
1. Use Permit No. 94-41 for the temporary outdoor event for placement of a trailer in the
parking lot will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. No sales will be
conducted from the trailer as it will be used for advertising purposes only. The trailer
will be placed at the edge of the property and will not block entrances or access to any
other businesses in the shopping center.
b. Property and improvements in the vicinity of such use of building. The events are
temporary in nature and will not effect existing improvements in the area.
2. The granting of Use Permit No. 94-41 will not adversely affect the General Plan of the
City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan received and dated May 17, 1994 shall be the conceptually approved layout.
2. 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.
3. Fire access lanes shall be a minimum with of (20) twenty feet.
4. The applicant's request shall include necessary permits for temporary signs.
5. No sales of merchandise shall occur outside the building.
ZA Minutes 6/22/94 4
1
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The event shall comply with all applicable provisions of the Ordinance Codes, Building
Division and Fire Department.
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 Use Permit No. 94-41 if any
violations of these conditions or the Huntington Beach Ordinance Code occurs.
4. The applicant shall submit all future temporary outdoor event applications a minimum of
ninety (90) days prior to the event. Failure to provide adequate notice shall result in denial
of the request.
ITEM 3: USE PERMIT NO. 93-95 WITH SPECIAL PERMIT/CONDITIONAL
EXCEPTION (VARIANCE) No. 93-42
Applicant: Susan Quon
Musil Perkowitz Ruth, Inc.
911 Studebaker Road
Long Beach, CA 90815
Request: USE PERMIT: To permit a facade remodel and 3,505 square foot
expansion to an existing retail shopping center with a special permit to
allow the parking lot to be restriped with twenty (20) percent of the stalls
to be compact in size.
CONDITIONAL EXCEPTION (VARIANCE): To permit 549 on -site parking
spaces in lieu of the code required 567 parking spaces ( an 18 space reduction) ;
to permit 16,130 square feet of landscaping in lieu of the code required 20,796
square feet of landscaping (a 1.35% reduction); and to permit 4 feet of landscape
planter width along the Adams streetside property line in lieu of the code required
six (6) foot wide planter.
Location: 10039-10119 Adams Avenue
Jane Madera, Staff Planner reported that this application was a request to permit a facade remodel
and demolition of a portion of an existing shopping center, and reconstruction of a new portion of
the shopping located at the northeast corner ofBrookhust and Adams. Staff reported that
variance request for a reduction of 18 parking spaces. A 13 foot wide dedication along Adams
Ave. for future right lane turn pocket onto Brookhurst results in a requirement by Public Works,
Staff reported that with realocation of some square footage to restaurant space, the applicant
ZA Minutes 6/22/94
needs additional parking spaces. In order to support the request for reduction in landscaping staff
suggested that the applicant include tree wells in the parking area. Staff reported that there are
three property owners within the site and the applicant has had some difficulty in coordinating all
the owners. One of the property owners, Sav-On is not participating in the remodel, however
they have agreed to repainting of the exterior of their building to conform with the remodel. Staff
recommended approval with findings and conditions.
THE PUBLIC HEARING WAS OPENED
The applicant, Susan Quon was present and stated that she was concerned that some of the
tenants may not be following through with this project. She was also concerned with the amount
of tree wells that were proposed.
Don Connors, a resident living behind the center was present and spoke in favor of the remodel
and stated that he thought this would be quite an improvement to this area. Mr. Connors also
related some concerns with transients, storage of personal vehicles, and dumping behind the
shopping center. Mr. Connors felt that the improvements may help alleviate these problems.
Mildred Walls, resident was present and spoke in favor of this project, although she also identified
some Code Enforcement concerns.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO.93-95 WITH SPECIAL PERMIT/CONDITIONAL EXCEPTION
(VARIANCE) NO.93-42 WAS APPROVED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS.
FINDINGS FOR APPROVAL -USE PERMIT NO. 93-95 W/SPECIAL PERMIT:
1. Use Permit No. 93-95 for the establishment, maintenance and operation of the facade
remodel and 3,505 square foot building expansion with special permit for compact parking
will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The facade
remodel and building expansion constitutes a vast improvement to the older
shopping center. The improvements will be compatible with other retail strip
centers in the area. Several driveways to the center will be closed as a result of
this project to improve circulation and access to the site from surrounding streets.
Improvements to the rear of the building will eliminate a transient gathering place
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and new businesses will help patrol parking areas to the rear of the building
adjacent to existing residential units.
b. Property and improvements in the vicinity of such use or building.
2. The granting of Use Permit No. 94-95 will not adversely affect the General Plan of the
City of Huntington Beach. The facade remodel and 3,505 square foot expansion is
consistent with the goals and objectives of the General Commercial Land Use designation
of the General Plan. The General Plan allows for and has anticipated general retail sales,
restaurant, medical, and office uses of this type in the area.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 93-42:
The granting of Conditional Exception No. 93-42 for an 18 space parking reduction and
landscape reduction will not constitute a grant of special privilege inconsistent upon other
properties in the vicinity and under an identical zone classification. There are other
properties in the vicinity which do not provide 100% of the code requirements for parking
and landscaping.
2. Because of special circumstances applicable to the subject property, including size, shape,
separate ownerships within the center, and design constraints because the center is older
and built under previous code requirements, 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 classifications. In addition, the property is required to
dedicate eleven (11) feet of the property along Adams Avenue for a right turn lane pocket
to Brookhurst Street. As a result, eleven parking spaces will be lost. The applicant has
made attempts to restripe the parking lot with compact sized stalls to replace the lost
parking.
3. The granting of Conditional Exception No. 93-42 is necessary in order to preserve the
enjoyment of one or more substantial property rights. The applicant must dedicate the
property for street widening in order to obtain building permits for the facade remodel and
property upgrade. Granting of the Variance will allow the property owner to utilize his
property rights and upgrade the shopping center.
4. The granting of Conditional Exception No. 93-42 will not be materially detrimental to the
public welfare, or injurious to property in the same zone classifications. Staff believes that
ample parking will be provided at the site because several tenant spaces are very large and
are likely to have a large amount of space utilized as storage or warehouse of retail items.
The warehouse space does not generate the same parking demand as retail space and
therefore sufficient parking will be provided on -site even with the 18 space reduction.
5. The granting of Conditional Exception No. 93-42 parking and landscaping reductions will
not adversely affect the General Plan of the City of Huntington Beach.
ZA Minutes 6/22/94 7
a. The applicant is willing and able to carry out the purposes for which Conditional
Exception No. 93-42 is sought and he will proceed to do so without unnecessary
delay.
b. 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. The applicant has taken advantage of the dedication area
along Adams Avenue and has designed a substantial portion of landscaping for a
pleasing landscape buffer. In addition, driveways and access to the restaurant site
at the southwest corner have been incorporated into the site design with reciprocal
access.
c. The combination and relationship of one proposed use to another on site are
properly integrated. Several property owners are involved in the project and not
all of them (Sav-On) are participating in the facade remodel at this time. However,
all portions of the building will be painted for an architecturally cohesive project.
d. The access to and parking for the proposed use does not create an undue traffic
problem. All of the compact parking stalls are designed to the side and rear of the
project in areas least likely to be utilized by customers to the site and, in turn,
leaving the standard size parking stalls in front open to the public.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated April 19, 1994 shall be the
conceptually approved layout with the following modifications:
a. Depict eight (8) tree wells dispersed evenly throughout the parking lot.
b. Depict shopping storage cart location. If outside, storage area shall be designed
with a solid low screening wall architecturally compatible with the building colors
and materials.
C. Depict increased landscape planter width, as discussed in public hearing, along
Brookhurst Street.
2. A revised site plan shall be submitted depicting the modifications described above.
3. Prior to issuance of building permits, the following plans and items shall be submitted
and/or completed by the applicant:
a. A Landscape Construction Set submitted to the Department of Public Works. The
landscape construction set shall include a landscape plan prepared and signed by a
State Licensed Landscape Architect which includes all proposed/existing plant
materials (location, type, size, quantity), irrigation plan, grading plan and approved site
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plan, and copy of conditions of approval.` The landscape plan shall be in conformance
with Section 9607 of the Huntington Beach Ordinance Code. The set must be
complete and approved by both Community Development and Public Works
departments prior to issuance of building permits.
b. The subject property shall enter into irrevocable reciprocal driveway and parking
easement(s) between the subject site and adjacent property to the southwest. A copy
of the legal instrument shall be approved by the City Attorney as to form and content
and, when approved, shall be recorded in the Office of the County Recorder. A copy
shall be filed with the Department of Community Development prior to occupancy.
c. A planned sign program shall be submitted for all signing. Said program shall be
approved prior to the first sign request.
4. Public Works Requirements:
a.
All driveways to be reconstructed, preserving the center section and rebuilding the
sides where possible, per Standard Plan No. 211A & B (radius type).
b.
For purposes of a future "right turn only lane", the developer shall execute an
irrevocable offer to dedicate a strip of land eleven feet wide along Adams Ave.
The site plan is to be revised to assure that no on -site improvements are
constructed beyond the proposed right-of-way.
C.
The existing most westerly driveway on Adams Ave., next to Rally's, shall be
relocated to align with the on -site driveway aisle.
d.
The street lights along Adams Ave. and Brookhurst Street shall be upgraded per
Standard Plan No. 411 C.
e.
The existing traffic signal conduit along Adams Ave. shall be protected in place.
f.
All Public Works fees to be paid prior to issuance of building permits.
g.
The Traffic Impact Fee is to be paid prior to final inspection or issuance of
certificate of occupancy.
h. A grading plan shall be approved and a permit issued prior to issuance of building
permits.
5. Fire Department Requirements:
a. Service roads and fire lanes, as determined by the Fire Department, shall be posted
and marked.
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b. 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.
C. Restriping of the parking lot shall maintain 17 X 45 degree radius turns for fire
lanes.
6. Installation of required landscaping and irrigation systems shall be completed prior to final
inspection.
7. Special architectural treatment shall be provided on all building walls. Such treatment is
subject to approval by the Department of Community Development.
8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
9. 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.
10. Proposed structures shall be architecturally compatible with existing structures.
11. 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.
12. The Zoning Administrator shall be notified in writing if any changes in building height,
floor area, setbacks, building elevations or open space are proposed as a result of the plan
check process. Building permits shall not be issued until the Zoning Administrator has
reviewed and approved the proposed changes. The Zoning Administrator reserves the
right to require that an amendment to the original entitlement be processed if the proposed
changes are of a substantial nature.
13. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing
sets submitted for plancheck.
INFORMATION ON SPECIFIC CODE REQUIREMENTS
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 applicant shall obtain the necessary permits from the South Coast Air Quality
Management District.
ZA Minutes 6/22/94 10
1
4. All signs shall be brought into compliance with the Huntington Beach Ordinance Code
prior to final building inspection.
5. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code.
6. The Zoning Administrator reserves the right to revoke Use Permit No. 93-95 With Special
Permit/Conditional Exception (Variance) No. 93-42 if any violation of these conditions of
the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, JULY 6, 1994 AT 6:00 PM.
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Mike Strange
Zoning Administrator
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ZA Minutes 6/22/94 11