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HomeMy WebLinkAbout1996-09-04MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 4,1996 -1.30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Scott Hess, Wayne Carvalho, Mary Beth Broeren, Esther Baker (recording secretary) MINUTES: None ORAL COMMUNICATION• None ITEM 1: CONDITIONAL USE PERMIT NO 96-52 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-52 (THREE STORY DWELLINGS) APPLICANT: Mitchell Stonoff & Sea Ridge Inc. REQUEST: To permit two (2), three (3) story dwellings. LOCATION: 206 and 208 Tenth Street (East side of Tenth Street, 50 feet North of Olive Avenue). PROJECT PLANNER: Scott Hess for Susan Pierce Mr. Hess presented the staff report. The proposed project conforms to all development standards of the RMH-A zone and is compatible with other three (3) story buildings in the area. The project was also checked for infill development standards. Staff believes that there would be no visual intrusions to adjoining properties. Staff recommended approval of the project because the land use is compatible with the residences in the vicinity, and the property owner will have to provide infrastructure improvements and dedicate property for alley widening which will improve vehicle circulation. THE PUBLIC HEARING WAS OPENED. Kaz Begovich, 3821 Long Beach Blvd., Long Beach, is the architect for this project. He said that he is available to answer any questions. Mr. Fauland asked Mr. Begovich if he had reviewed the conditions for this project. Mr. Begovich responded that he had and that they would conform to the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.96-52 WAS CONDITIONALLY APPROVED WITH THE FINDINGS AND CONDITIONS AS OUTLINED BY STAFF. HE NOTED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN 10 CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-52• 1. Conditional Use Permit No. 96-52 for the establishment, maintenance and operation of the two (2) new, three (3) story single family residences will not be detrimental to the general welfare of persons residing or working in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The use is compatible with other residences in the vicinity, many of which are multi -story. The property owner will be required to construct infrastructure improvements and dedicate a portion of the property for alley widening which will improve vehicle circulation. 2. The granting of Conditional Use Permit No. 96-4 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the goals and objectives of the Residential Medium High Density land use designation of the General Plan. 3. The proposed residences 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 structures will meet minimum setbacks, provide sufficient on -site parking and meet all other aspects of the Code. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-52• 1. The site plan and floor plans and elevations received and dated August 26, 1996 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. ZA Minutes - September 4, 1996 2 (min09O4) L F b. Depict utility apparatuses, such as but not limited to backflow devices and Edison transformers on the site plan. 3. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A grading plan shall be submitted to the Department of Public Works for review and approval. This plan, in addition to grading, shall include all of the required off -site improvements. (PW) b. A Landscape Construction Set submitted to the Department of Public Works. The landscape construction set shall include a landscape plan prepared and signed by State Licensed Landscape Architect or California Licensed Landscape Contractor which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be complete and approved by both Departments of Community Development and Public Works prior to issuance of building permits. (PW) c. A strip two and one-half (2-1/2) feet along the entire rear property line shall be dedicated for alley purposes. d. 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, utilities, and protection of buried pipe due to corrosion. 4. Prior to final inspection or Certificate of Occupancy, the following shall be completed (PW): a. Remove one-half (1/2) of existing asphalt alley and replace with concrete half alley. b. Remove existing curb and replace with curb and gutter. c. Remove and replace existing sidewalk. d. Install new water service to each lot. e. Install a new sewer lateral to each lot. ZA Minutes - September 4, 1996 (min0904) f. Remove existing driveway on loth Street. g. Remove and replace existing paving on loth Street as necessary to eliminate alligatored paving. 5. Prior to final building permit approval of the first unit, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, including the Residclitial Infill provisions, 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. ear 4. All applicable Public Works fees shall be paid. 5. Traffic Impact fees shall be paid at the time of issuance of a Certificate of Occupancy or final inspection. ZA Minutes - September 4, 1996 4 (min09O4) 11 E 6. An encroachment permit shall be required for all work within the City right-of-way. 7. Landscaping shall comply with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. 8. Park Land Dedication In -lieu fees shall be paid at issuance of building permits. 9. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 10. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-52 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 2: TEMPORARY USE PERMIT NO.96-9 PETITION DOCUMENT: TEMPORARY USE PERMIT NO.96-9 (MODEL HOME COMPLEX) APPLICANT: Hal Woods, Centerstone Development Company. REQUEST: To permit a model home sales complex for the previously approved Tentative Tract No. 15109 (Centerstone at Seabridge). LOCATION: 8056 & 8062 Centerstone Drive (East of Beach Boulevard, South of Adams Avenue). PROJECT PLANNER: Wayne Carvalho Mr. Carvalho presented the staff report for two model homes for the previously approved tract. Staff recommended approval. The Fire Department recommends that the streets and hydrants be installed prior to any combustible construction. Staff also recommends that all conditions imposed on the tract map and Conditional Use Permit remain in effect and that a $3,000 bond be posted per code prior to thv. issuance of building permits for the two model homes. Mr. Carvalho stated that there is a concern regarding a shortage of parking for prospective owners. Staff recommended that perhaps the applicant can make appointments in order to minimize conflicts. THE PUBLIC HEARING WAS OPENED. ZA Minutes - September 4, 1996 (min09O4) Hal Woods, Center Stone Company, 3500-B West Lake Center Drive, Santa Ana, stated that construction of model homes would begin within the next 45 days. The balance of the site could be used for temporary or overflow parking in a dirt location. His firm is already pre -qualifying buyers in order to cut down on the number of prospects visiting the site. He said it would cost approximately $10,000 to construct a parking lot for this purpose which he felt was exorbitant. Mr. Fauland requested Mr. Woods to submit a secondary parking plan in case of overflow and asked it to be included as a condition of approval. Mr. Fauland asked Mr. Carvalho to structure a condition regarding overflow parking to explore parking on the street or on one of the dirt lots which is not adjacent to existing and neighboring homes. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.96-9 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF, ALONG WITH THE CONDITION TO PURSUE AND/OR SUBMIT A SECONDARY PARKING PLAN. 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 - TEMPORARY USE PERMIT NO 6-9• 1. Temporary Use Permit No. 96-9 for the establishment, maintenance and operation of the model homes complex for Tract 15109 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. With the conditions imposed, adequate parking and directional signage will be provided for the model homes. 2. The granting of Temporary Use Permit No. 96-9 will not adversely affect the General Plan of the City of Huntington Beach. Tract 15109, which includes the two model homes is consistent with the Mixed Use Land Use designation of the General Plan. 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. SPECIAL CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO 96 1. The site plan, floor plans, and elevations received and dated July 18, 1996 shall be the conceptually approved layout. ZA Minutes - September 4, 1996 6 (min0904) F [1 2. A secondary parking plan shall be submitted to the Department of Community Development prior to issuance of Building Permits depicting areas for overflow parking. The overflow parking areas may be provided on the street (if permitted by the Fire Department), or on dirt lots which are not adjacent to existing residential development. 3. The sales office shall be discontinued within 30 days following the sale of the last unit. 4. A $3,000 cash bond ($1,000 for sales office and each model home) shall be posted with the City to guarantee compliance with the conditions of approval. 5. Asphalt roadways and fire hydrants serving the model homes shall be installed prior to combustible construction per Article 9 of the Huntington Beach Fire Code. 6. Any tent at the facility shall comply with Article 32 of the Huntington Beach Fire Code. 7. The sales office shall not be converted or expanded into a general business office for the contractor- or developer. 8. Temporary signs and flags shall be permitted as part of the Temporary Use Permit approval. The signs and flags shall be immediately removed upon the sale of the last unit. 9. All conditions of approval on Tentative Tract Map No. 15109 and Conditional Use Permit No. 94-40 shall remain in effect. 10. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Minutes - September 4, 1996 (min09O4) 3. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 4. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 96-9 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 3: CONDITIONAL USE PERMIT NO 96-45 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-45 (NURSERY) APPLICANT: Hiro Kawachi, Kip Co. REQUEST: To establish an approximate ten (10) acre wholesale nursery. LOCATION: 10181 Atlanta Avenue (Southern California Edison right-of- way, North of Atlanta Avenue). PROJECT PLANNER: Mary Beth Broeren Ms. Broeren presented the staff report. In January 1991 another nursery was approved at the subject site but did not go forward due to improvements to the Santa Ana river channel. There was also another nursery which was approved south of Atlanta Avenue which did not get implemented. Ms. Broeren stated that the applicant proposes a wholesale nursery which would include shrubs, bushes and trees that would be grown in containers and vegetables and fruit trees. The hours of operation are Monday - Saturday, from 7:00 AM - 5:00 PM. The applicant expects two (2) to three (3) shipping and delivery trucks every morning and every afternoon. He anticipates a total of six (6) to ten (10) employees, depending on the season. In reviewing the site plan, Ms. Broeren indicated that at the Atlanta Avenue end of the right of way there is an existing chain link fence, an access road for maintenance vehicles, and a bike bail access and pedestrian access. The applicant proposes that his road be located in the center of that area in order to minimize interference with bike traffic. The access road would be asphalt. Ms. Broeren stated that staff is recommending conditions regarding improvement of that area. The applicant proposes five (5) shade/hot houses along the extent of the right-of-way. They would be located a minimum of 50 feet away from the block wall and be a maximum of 15 feet high which is in compliance with code. There will also be four (4) soil pile areas around each transformer tower. Each would be ZA Minutes - September 4, 1996 8 (min09O4) approximately eight (8) feet high, and 50x100 feet in dimension. The soil pile areas would be covered when they are not being used. In addition to these areas, there would be container plants around the shade houses and transformers. Ms. Broeren added that the applicant is proposing a 400 square foot office trailer, a storage trailer, and a portable restroom. The applicant is providing 14 parking spaces on the site which is sufficient to meet code (12 spaces are required). The parking lot would be gravel. Ms. Broeren stated that pest control would be with an airless sprayer to preclude any offsite spreading of pesticides. The fertilization would be with irrigated drip systems. The applicant proposes container plants which would be 15 feet high along the block wall in order to shield some of the views of the operation from the adjoining residences. Staff received several recommended conditions from other departments and recommends the following: that retail sales be expressly prohibited to minimize traffic; compliance with all laws in regards to pesticides; that there not be any onsite storage of large quantities of mulches, fertilizers, or soil treatments without obtaining City approval; that there not be any outdoor lighting or loud speaker systems; and that there be no outside storage of equipment, vehicles, or vehicle parts on site. Ms. Broeren stated that the Park, Tree and Landscape Division recommended that the applicant improve the area between Atlanta Avenue and the Edison right- of-way between the block walls to include weeding and landscaping. The applicant will require a grading permit for the project; he proposes to grade the site in increments of 500 feet over a four (4) to five (5) year period. Public Works also requires a hydraulic study and a water quality management plan and an encroachment permit for any work done in the public right-of-way. The applicant anticipates doing the first stage of grading before the first rainy season of 1997. Ms. Broeren noted that calls regarding the project had been recived. One caller said that he would like to see the palms in the Edison right-of-way remain in order to block the view. Mr. Fauland asked if any dedications were required for the public access area; Ms. Broeren replied that none were required. Mr. Fauland asked if there would be a phased approval plan for grading. He asked that staff work with the applicant to determine this. THE PUBLIC HEARING WAS OPENED. Margie Martow, 20711 Spindrift, asked questions about the container trees. She also discussed concerns about noise levels, and said that 7:00 AM is early for trucks to come in. She also asked about the airless pest control spraying. Bonnie Bonino, 20942 Spindrift, stressed that the public right-of-way be landscaped. She asked about the size of trucks that would be coming through. W. Broeren mentioned that there is no size limitation proposed and referred the question to the applicant. Ms. Bonino also asked about the turn around area for the trucks. Ms. Broeren indicated where it would be on the site and reiterated that it would be on gravel to minimize dust. ZA Minutes - September 4, 1996 9 (min09O4) Dave Emery, 20952 Surge Lane, spoke about concerns regarding the easement. He asked if the maintenance of the easement would be ongoing and inquired about the type of ground covering that would be used. Ms. Broeren responded that maintenance would be ongoing and that the Parks, Trees and Landscape Division stipulated that the applicant could use either ground cover and/or containerized trees to be installed within 12 months of approval. Ms. Broeren also stated that the chain link fence at Atlanta Avenue would remain. Mr. Emery asked when the gates would be opened or closed. He expressed concern about large trucks idling on Atlanta Avenue waiting for the gates to be opened. James Murray, 20692 Lavonne Lane, mentioned that he spoke to Ms. Broeren twice on the phone. He asked if the applicant would be planting in the ground or if everything would be in pots. Ms. Broeren responded that there would be planting in the ground. He said that he was concerned about gophers gravitating onto the neighbors' lawns. Mr. Murray mentioned that the other nursery near Meredith Gardens is more like a wholesale nursery and strictly grows potted plants. It does not have an office, etc. like the applicant is proposing. He mentioned that he has three (3) 22 month children and is concerned about the pesticides, as well as the EMFs from the power poles. Mr. Kawachi, applicant, said that he wishes to have a good relationship with the neighbors in the area. Mr. Kawachi stated that the gate would remain open during business hours to minimize idling of trucks; and when the grading is completed, truck traffic will be reduced. The project will be implemented over the next five (5) years in 500 foot sections. He will use a 10 wheel truck to bring in the dirt for grading. Mr. Fauland suggested that the applicant and Ms. Broeren work on a precise outline and timeframe for the grading operation. He asked Mr. Kawachi to explain to the group about the pest control application. Mr. Kawachi explained the technique of airless spraying. Mr. Emery asked about other nurseries. Mr. Fauland responded that most often there is a condition imposed that there not be any spraying within 25 feet of property lines. Mr. Kawachi stated that he currently has a three -acre nursery in Westminster with residents on both sides and that he has never received any complaints about pesticides. He reiterated that he is very conscientious about the residents. He also mentioned that he drives around the nursery in an electric cart, and the majority of the traffic would be away from the area where the neighbors are. Mr. Emery asked about where trucks would be turning around. Ms. Broeren responded that staff could include as a condition that all turnaround of trucks take place on site so that trucks do not turn around on the Atlanta Avenue section. Mr. Fauland asked Ms. Broeren about the gate at the north end of the property. Ms. Broeren replied that Southern California Edison requires it. He also asked if the proposed business hours could be changed. Mr. Kawachi said that he could open at 8:00 AM on Saturday, but not Monday through Friday. Ms. Broeren proposed a compromise to open business hours at 7:00 AM, but to begin deliveries after 8:00 AM. Mr. Kawachi was in agreement. ZA Minutes - September 4, 1996 10 (min09O4) Mr. Murray inquired as to what the environmental status was and what it meant, which Ms. Broeren explained. Mr. Murray then asked who is liable if someone receives damage. Ms. Broeren responded it depended on the incident. She stated that if the applicant violated a condition of approval, the City could have a hearing regarding revocation of the conditional use permit. Mr. Murray reiterated that he is opposed to this application. Mr. Kawachi stated that his business will improve the condition of the land as it is now. Mr. Fauland requested a detailed outline of grading and a time line for project implementation. He requested a condition of 50 feet between the single family residences and property lines for pesticide spraying. He asked Staff to confer with the Park, Trees and Landscape Division about the chemicals that Mr. Kawachi will use and to determine the plant mix on the site. He requested that a revised set of conditions for approval be made available to the public at the next meeting. CONDITIONAL USE PERMIT 96-45 WAS CONTINUED UNTIL SEPTEMBER 18, 1996. THE MEETING WAS ADJOURNED AT 2:55 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 11,1996. Herb Fauland Zoning Administrator HF:MBB:efb ZA Minutes - September 4, 1996 11 (min09O4)