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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. ZA Minutes 6/22/94 2 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 ZA Minutes 6/22/94 6 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 ZA Minutes 6/22/94 8 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. ZA Minutes 6/22/94 9 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. t✓ Gw� Mike Strange Zoning Administrator :lp ZA Minutes 6/22/94 11