Loading...
HomeMy WebLinkAbout1996-01-100 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 10,1996 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Susan Pierce, Catherine Johnson, Mary Beth Broeren, Lisa Koch MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.95-96 DESIGN REVIEW BOARD NO. 95-52 (CONTINUED FROM 01-03-96) Applicant: Evergreen Devco, Inc. - Brett Heron Request: To permit a 1,900 square foot retail pharmacy with two (2) drive -through lanes. Location: 17502 Beach Boulevard (southeast corner of Beach Boulevard and Slater Avenue) Susan Pierce, staff planner, stated that this application was continued from January 3, 1996, to allow the City and the applicant an opportunity to investigate whether or not the utility pole, located at the south side of Slater Avenue, should be removed and all utilities be located underground. The applicant has been in communication with the telephone company and has expressed concern over the cost of undergrounding. Bruce Crosby, Public Works engineer, stated that in regards to the driveway facing Slater Avenue, he recommends the condition read, "The existing driveway on Slater Avenue shall be removed in the event the redesign does not conform to the requirements of the Traffic Engineer." Mr. Crosby recommended that the second item of concern, the undergrounding of utilities, be executed. Public Works does not see this as placing a hardship on the applicant. Under normal circumstances, the applicant would have an obligation to conduct off -site improvements. January 10, 1996 Zoning Administrator Meeting Minutes Page 2 However, the City has already completed improvements on the surrounding streets of the subject property. Thus, the cost of undergrounding is not excessive compared to the cost that would have incurred if off -site improvements were necessary. THE PUBLIC HEARING WAS OPENED. Mr. O'Neil, legal representative for Evergreen Devco Inc., was present and submitted a copy of the "pork chop" design for the entrance off of Slater, as well as the estimated costs for undergrounding the utilities. Mr. O'Neil stated that the actual costs involved with undergrounding are excessive and unreasonable. Brett Heron, applicant, requested that the curb cut off of Slater be approved with the "pork chop" design median and that the undergrounding of utilities not be necessary. Mr. Heron stated that the costs involved with undergrounding are more excessive than Public Works' estimates. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 95-96/DESIGN REVIEW BOARD NO. 95-52 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR. 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 - CONDITIONAL USE PERMIT NO.95-96 / DESIGN REVIEW BOARD NO. 95-52: The establishment, maintenance and operation of an 1,900 square feet pharmacy with two drive -through lanes will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Parking will be provided for the proposed use in excess of the minimum requirements of Chapter 231 of the Zoning and Subdivision Ordinance. A stacking area for vehicles is available for cars waiting to enter the drive -through lanes. Reciprocal access will be provided to the property located south of the subject site. Construction will be in compliance with regulations of the Uniform Building Code. 2. The granting of Conditional Use Permit No. 95-96 and Design Review Board No. 95-52 to permit construction of an 1,900 square feet pharmacy with two drive -through lanes will not adversely affect the General Plan of the City of Huntington Beach. The goals of the Land Use Element for commercial districts are to insure commercial development that is economically viable, attractive, well related to other land uses, and satisfies the needs of the City's residents and to promote the development of services and facilities necessary to support a tourist industry. The General Commercial land use designation allows for these types of commercial uses. The proposed project with one access to Beach Boulevard will not impact the circulation on the major highway. The Design Review Board has reviewed and recommended approval of the architectural design of the proposed structure. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 3 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. The proposed site plan depicts setbacks, building height, floor area ratio, landscaping, and parking in compliance with the requirements applicable to the CG, General Commercial District. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-96 / DESIGN REVIEW BOARD NO.95-52: The site plan, floor plans, and elevations received and dated December 5, 1995 shall be the conceptually approved layout with the following modifications: a. The proposed chain link fencing shall be a maximum six feet in height and shall be constructed of black, dark blue, or dark green vinyl coated chain link with no slats. b. Lighting shall be installed under the front and rear roof projections and drive - through overhangs. c. The driveway on Slater Avenue shall be revised to provide a "pork -chop" design as shown on a plan received January 10, 1996. 2, 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. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. Prior to submittal for building permits, the following shall be completed: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. b. Fire Department requirements shall be noted on the building plans: 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 2) Address numbers will be installed to comply with City Specification No. 428. c. Elevations shall depict colors and building materials proposed and recommended by the Design Review Board. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 4 d. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. e. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. f. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. g. Detail all handicapped access requirements on the plans. h. Provide occupant loads for all rooms and calculations for same on building plans. 5. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Four sets of landscape and irrigation plans to the Department of Public Works for review and approval. Said landscape plan shall include an inventory of trees proposed to be removed with the trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. 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 plan, and a copy of conditions of approval. The landscape plan shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance and Chapter 14.52 of the Huntington Beach Municipal Code. The set must be complete and approved by the Departments of Public Works and Community Development prior to issuance of building permits. b. A grading plan to the Department of Public Works for review and approval. c. The subject property owner shall enter into irrevocable reciprocal driveway easement between the subject site and the adjacent property to the south. 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. d. All applicable Public Works fees shall be paid. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 5 6. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. The existing driveway on Cameron Street shall be modified to conform to Standard Plan No. 211 (radius type driveway). b. The badly deteriorated paving adjacent to the gutter on Slater Avenue and the curb return shall be removed and replaced to 2 feet from the gutter. c. Remove and replace the damaged curb and gutter on Cameron Street. s d. Install wheel chair ramp at Slater Avenue and Cameron Street. C. All existing power poles on Slater Avenue adjacent to the site shall be installed underground. f. The water system shall be designed and installed per the City of Huntington Beach Water Division's design criteria, standard plans and specifications. g. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. 7. 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. 8. 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. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. as well as all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 3. The applicant shall obtain a CalTrans permit for all work within the State right-of-way. 4. Traffic impact fees shall be paid at the time of Certificate of Occupancy or final inspection. 5. Construction shall be limited to Monday -Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited on Sundays and Federal holidays. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 6 6. Utility meters, transformers, and backflow devices shall comply with Section 230.76 of the Zoning and Subdivision Ordinance. 7. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-85 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 95-39 VARIANCE NO.95-32 (CONTINUED FROM 01-03-96) Applicant: Orange County Sanitation District Request: The construction of a new 3,200 square foot pump station and the reconstruction of an existing hydraulic surge tower. A variance is requested for the 98 foot high tower which exceeds the maximum 50 feet height permitted by code. Location: Orange County Sanitation District Wastewater Treatment Plant Number 2, 22212 Brookhurst Avenue (approximately 2,200 feet north of Pacific Coast Highway, adjacent to the Santa Ana River) Cathy Johnson, staff planner, stated that this was a proposal for the reconstruction of a surge tower and pump station. The proposed surge tower will be a replacement for an existing surge tower that will be demolished. The proposed surge tower will be placed 82 feet west of the property line, will be 98 feet tall and 26 feet in diameter. The application also includes a 3,200 square foot pump station to be located approximately 50 feet from Brookhurst. Ms. Johnson stated that two (2) phone calls were received expressing concerns over the height of the surge tower and one letter requesting that the project be denied. Staff recommended approval of this request based on the project's necessity for the health and safety of the community to accommodate increased demand. THE PUBLIC HEARING WAS OPENED. Tom Dawes, representative from the Orange County Sanitation District, stated that the height of the tower must be equal to the water pressure. It was noted that there are no other design solutions possible. The height of the tower is completely independent of the size of the structure and making the tower shorter and wider would not fulfill the same functional requirement which necessitates the 98 foot height. Mr. Dawes presented an altered photograph that illustrated what the facility would look like with the proposed surge tower and pump station. Mr. Dawes stated that the plant construction would be interior and no traffic would be generated. Madeline Ondoor, area resident, stated that she was not notified of this project. Ms. Ondoor requested clarification on why the existing tower had to be demolished and if it was completely necessary. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 7 Frank Horzewski, area resident, questioned approximately how long the project would take until its completion. It was noted that the project would take a year and a half (1 1/2) to two (2) years. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 95-39NARIANCE NO. 95-32 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR. 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 - COASTAL DEVELOPMENT PERMIT NO. 95-39: 1. The request to permit a pump station and surge tower conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed pump station and surge tower will not impact public views and access because they are in an area where none exist. Because of the significant height (98 feet) of the surge tower, it will be visible from Pacific Coast Highway. However, the tower will be located at a facility which already includes several other towers and structures which, because of their size, height and stark appearance, may be considered to impact views. The proposed tower will not significantly add to these impacts. Further, the tower will be located at the southeasterly end of the site and will not be visible from the residences on the west side of Brookhurst Avenue. 2. Coastal Development Permit No. 95-39 is consistent with the CZ suffix zoning requirements, the MI -A Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development will conform with all applicable City codes. The proposed pump station and surge tower involve the reconstruction and relocation of existing facilities located within the Orange County Sanitation District Wastewater Treatment Plant No. 2. The pump station will conform to all applicable City codes. The surge tower will conform to all City codes with the exception of the maximum height limit of 40 feet. The overall 98 foot height of the proposed surge tower has been approved through the granting of Variance Number 95-32 which has been processed concurrently with the Coastal Development Permit. 3. At the time of commencement of operations, the proposed pump station and surge tower will be provided with infrastructure in a manner that is consistent with the coastal element of the General Plan. Infrastructure currently exists to the site. Any modifications to infrastructure required as a result of development of this project have been included as conditions of approval. • 4. The proposed pump station and surge tower conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 8 FINDINGS FOR APPROVAL - VARIANCE NO. 95-32: 1. The granting of a variance 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 surge tower will be part of the facilities at the existing Orange County Sanitation District Wastewater Treatment Plant 2. This land use is necessary for the health and safety of the residents of Huntington Beach. The 98 foot height of the surge tower is necessary to accommodate the increased wastewater treatment capacity necessitated by current and projected population increases. Any land use in an identical zoning classification which provided a service that is critical for the health and safety of City residents could be anticipated to be granted any variances that were deemed necessary to insure the health and safety of the residents of Huntington Beach. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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. In order for the Sanitation District to meet the waste treatment needs of the regional population, it must have the capacity to function at a level which meets these needs. As the population grows, the waste treatment capacity must also increase. The height of the surge tower is determined by the capacity of the treatment plant. Strict application of the Zoning Ordinance would deprive the property of its ability to accommodate the Treatment Plant at its optimum capacity. Other industrial uses in the M1-A zoning classification can operate optimally, because their successful operation is not determined solely by their ability to directly accommodate population increases. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Granting a variance from the height restrictions will allow the Treatment Plant to provide the service it was granted approval to provide at this specific site. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The granting of a variance will enhance the public welfare because it ensures that the sanitation district can provide adequate wastewater treatment service which is necessary for the health and safety of the residents of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 13, 1995 for the surge tower and December 12, 1995 for the pump station shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in structure height, floor area, setbacks, building elevations or open space are proposed as a result of the plan (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 9 check process. 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. 3. 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. 4. Prior to construction, a flood -proofing certificate shall be provided to the Planning Division. Provide landscape architect's plans for review and approval of screening plant material and irrigation. 6. The Fire Department requirements are: Insure that the water system is capable of meeting the required fire flow of 2500 GPM. b. Note on plans: Fire extinguishers will be provided and located in areas to comply with the Huntington Beach Fire Code Standards, 7. The Public Works Department requirements are: a. All water system improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. Drawings for the proposed water system improvements shall be approved by the Water Division prior to construction. b. The proposed water system improvements shall conform to the State Department of Health Services California Code of Regulations, Title 17, including Section 7603 titled "Location of Backflow Preventers, subsection (a); "Air -gap Separation." The water service lateral between the property line and the air -gap tank shall be located a minimum of six (6) inches above ground and painted medium blue, Dunn -Edwards No. 10-1-VF51652, with white stenciling. The stenciling shall appear on both sides of the pipe with the marking "City Potable Water" in one -inch letters repeated every 24 inches. c. The project shall be served by a minimum of two (2) water service connections from the sixteen -inch water main in Brookhurst Street. A sixteen -inch valve in the mainline shall be constructed between the two connections. These service connections shall not be joined together on the "public" side of the meter. d. If the meters are not to be located in the public right-of-way, the developer shall be responsible for the preparation and execution of all utility easements/agreements required by the City granting the City the same rights and privileges as if the meters were located in the public right-of-way. These rights and privileges shall include (but are not limited to) 24 hour access, maintenance and testing, etc. The (g:zamin:0110) January 10, 1996 Zoning Administrator Meeting Minutes Page 10 City shall be responsible for the ownership and maintenance of the water facilities/appurtenances between the mainline and up to and including the meter assembly. e. The water system design shall include appropriate water hammer protection, consistent with documented civil engineering industry practices, and acceptable to the Water Division. f. All existing water services shall be abandoned at the water main per City of Huntington beach Water Division's Standard Plans and Specifications prior to the City's final acceptance of the proposed water system improvements. This includes any irrigation services currently serving the site. g. Should reclaimed water be used to irrigate on -site landscaping, such water shall be purchased from the City of Huntington Beach. INFORMATION ON SPECIFIC CODE REQUIREMENTS• The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District, 3. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 95-39 / Variance No. 95-32 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:15 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 17, 1996. "t c �_Q SVL__ Michael Strange Zoning Administrator MS:MBB:Iek (g:zamin:0110)