HomeMy WebLinkAbout1997-04-02MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, APRIL 2,1997 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Kim Klopfenstein, Wayne Carvalho, Mary Beth Broeren,
Kim Langel (recording secretary)
MINUTES: December 11, 1996 minutes were approved.
ORAL COMMUNICATION: None
ITEM 1 • CONDITIONAL USE PERMIT NO 97-11(GAME CENTER)
APPLICANT: West Coast Amusement, 5242 Argosy Drive, Huntington Beach, CA
92649
PROPERTY OWNER: Bart Braun, 1600 Dove Street, #140, Newport Beach, CA 92660
REQUEST: To permit a family amusement center in an existing 6,868 square foot
building.
LOCATION: 7454 Edinger (between Gothard and Sher).
PROJECT PLANNER: Dennis Coulter/Mary Beth Broeren
Mary Beth Broeren, Staff Planner, displayed site plan and photographs stating that this request is
to permit a family amusement center in an existing 6,868 square foot building at 7454 Edinger
Avenue. The center will be located in an existing shopping center. The applicant is not
proposing any changes to the building that would affect parking or traffic circulation within the
existing shopping center. The proposed use will be for approximately 175 coin operated vending
machines. There will be an initial fee to enter the amusement center and a small fee for the coin
operated vending machines. No food or drinks are proposed to be sold on the premises,
however, they may have parties where people will bring their own food and drinks. The
applicant has indicated there will be a minimum of two (2) employees and a maximum of six (6).
The applicant is also proposing a security guard in the parking lot from 6:00 PM to closing the
first 180 days of operation. The hours of operation shall be limited from noon until midnight on
weekdays and 11 a.m. to midnight on weekends and holidays. The Zoning and Subdivision
Ordinance allows this type of operation in this location with certain provisions which are
outlined in the conditions.
Staff is recommending approval of this request with findings and conditions of approval as
outlined in the staff report.
Herb Fauland, Zoning Administrator, asked staff if the Police Department had any comments
regarding this request. Staff stated that they did not.
THE PUBLIC HEARING WAS OPENED.
Ed Beram, adjacent business owner, stated concern that any sound from the proposed use not be
allowed to penetrate the walls to his business.
Bob Portale, 5242 Argosy, representing applicant, stated that they have reviewed the report and
concur with staff's recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Herb Fauland, Zoning Administrator, stated that there is a condition placed on the project that the
project comply with all provisions of the Huntington Beach Municipal Code which include noise
violations. Mr. Fauland stated that the adjacent property owner could employ the Code
]Enforcement process if the noise becomes excessive through the walls.
CONDITIONAL USE PERMIT NO.97-11 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 - CONDITIONAL USE PERMIT NO.97-11:
1. Conditional Use Permit No. 97-11 for the establishment, maintenance and operation of the
family amusement center (game center) will not be detrimental to:
a. The general welfare of persons working or residing in the vicinity because the location is
a sufficient distance from residential, educational facilities, or other uses as required by
Section 230.38 of the Huntington Beach Zoning and Subdivision Ordinance. With the
conditions of approval imposed and in compliance with the code requirements, the
owner/manager will be responsible to maintain restricted hours of operation for minors.
The restricted hours will prohibit use of video games during school hours and the
owner/manager will be on the site to monitor and enforce this requirement and noise
issues.
b. The value of the property and improvements in the neighborhood because the family
amusement center (game center) will be contained entirely within the existing building,
and with the conditions of approval and standard City code requirements, the project, will
have no impact upon the property value of improvements in the area.
ZA Minutes - 4/2/97 2 (97ZM0402)
2. The Conditional Use Permit will be compatible with surrounding uses because it is a
commercial use located next to other retail commercial uses within a neighborhood
commercial center.
3. The proposed family amusement center (game center) will comply with the provisions of the
base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning
and Subdivision Ordinance and any specific condition required for the proposed use in the
district in which it would be located. The proposed use does not require a variance or other
special approval beyond the approval of a Conditional Use Permit.
4. The granting of the Conditional Use Permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of General Commercial on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. GOAL LUI: Achieve development that maintains or improves the City's fiscal viability
and reflects economic demands while maintaining and improving the quality of life for
the current and future residents of Huntington Beach. The market demand for the
proposed use has made similar family amusement centers viable businesses in
surrounding cities while simultaneously providing the benefit of offering residents a
leisure time activity.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-11:
The site plan, floor plans, and elevations received and dated February 3, 1997 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. All Fire Department requirements shall be noted on the building plans. (FD)
1) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards.
2) Fire lanes will be designated and posted to comply with City Specification #415.
3) Address numbers will be installed to comply with City Specification #428. The size
of the numbers will be sized a minimum of six (6) inches with a brush stroke of one
and one-half (1-1 /2) inches.
4) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
ZA Minutes - 4/2/97 3 (97ZM0402)
3. Prior to final inspection, the following shall be completed:
a. All improvements shall be completed in accordance with the approved plans and
conditions of approval specified herein.
b. Compliance with all conditions of approval specified herein shall be accomplished.
c. 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. Only the uses described in the narrative shall be permitted. Specifically:
a. Supervision and management will ensure that during the hours of operation, use of the
facility by minors under 18 years of age will comply with the Huntington Beach Zoning
and Subdivision Ordinance Section 230.38.
b. Hours of operation shall be limited from noon until midnight on weekdays and 11 a.m. to
midnight on weekends and holidays.
5. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance.
]INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 97-11 shall not become effective until the ten day appeal period
has elapsed.
2. Conditional Use Permit No. 97-11 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-11,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. A Certificate of Occupancy must be issued by the Department of Community Development
prior to occupying the building.
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C
5. The proposed use shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
6. All signs shall conform to the Huntington Beach Zoning and Subdivision Ordinance. Prior
to installing any new signs, or changing sign faces, a building permit shall be obtained from
the Department of Community Development.
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange, and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ITEM 2: ENTITLEMENT PLAN AMENDMENT NO.97-2 (SANDRA LEE
TOWNHOMES)
APPLICANT/
PROPERTY OWNER: James D. Glenn, PO Box 2105, Huntington Beach, CA 92647
REQUEST: To permit the redesign of an approved project on two (2) lots. The
new design consists of four (4), two (2) story townhomes to a
maximum height of 30 feet. The previous project allowed two (2),
three (3) story townhomes with a maximum height of 35 feet.
LOCATION: 17042 & 17052 Sandra Lee Lane (south of Warner Avenue, east of
Pacific Coast Highway).
PROJECT PLANNER: Kim Klopfenstein
Kim Klopfenstein, Staff Planner, displayed site plan and photographs stating that this request is
to permit the redesign of an approved project on two (2) lots. The new design consists of four
(4), two (2) story townhomes to a maximum height of 30 feet. The previous project allowed two
(2), three (3) story townhomes with a maximum height of 35 feet. The project site is located at
17042 and 17052 Sandra Lee Lane. The request is an amendment to previously approved
Conditional Use Permit No. 94-47. The height of the units will be 30 feet high. The proposed
project is currently vacant, surrounded by apartment complexes. No comments have been
received from the public regarding this request.
Staff is recommending approval of the request with the findings and conditions of approval as
outlined in the staff report.
THE PUBLIC HEARING WAS OPENED.
Kazimir Begovich, 3821 Long Beach Boulevard, architect, stated that he concurs with staffs
recommendation.
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James Glenn, 7921 Alhambra Drive, property owner, stated he concurred with staff s
recommendation and was available to answer any questions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
ENTITLEMENT PLAN AMENDMENT NO.97-2 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 - ENTITLEMENT PLAN AMENDMENT NO 97-2•
Entitlement Plan Amendment No. 97-2 for the establishment, maintenance and operation of
four (4) two (2) story townhomes on two lots will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. The residential development is designed to integrate
with the existing neighborhood and the site is physically suitable for the type and density of
development.
2. The conditional use permit will be compatible with surrounding uses because the proposed
the townhouses will have the required private and common open space for each lot and there
will be adequate parking and circulation for residents and guests. Furthermore, the re-
designed project has reduced the bulk and mass of the townhouse to provide an aesthetic site
layout and design.
3. The proposed Entitlement Plan Amendment No. 97-2 is a revision of approved plans for
Conditional Use Permit No. 94-47 which was reviewed under Article 912 of the Huntington
Beach Ordinance Code. The Entitlement Plan Amendment was also reviewed under Article
912 and will comply with the provisions of the base district and other applicable provisions
in Article 912 of the Huntington Beach Ordinance Code and any specific condition required
for the proposed use in the district in which it would be located.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Medium High Density Residential
(RMH) on the subject property and the City's Housing Element because it increases the type
and variety of housing in the city. In addition, it is consistent with the following goals and
policies of the General Plan:
a. Achieve development that maintains or improves the City's fiscal viability and reflects
economic demands while maintaining the quality of life for the current and future
residents of Huntington Beach. (LU 1)
ZA Minutes - 4/2/97 6 (97ZM0402)
b. Accommodate the development of single and multiple family residential units in areas
designated by the Land Use Map, as stipulated by the Land Use and Density Schedule.
(LU 9.11)
c. Require that multi -family residential projects be designed to convey a high level of
quality and distinct neighborhood character. (LU 9.1.3)
CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO.97-2:
1. The site plan, floor plans, and elevations received and dated January 21, 1997, shall be the
conceptually approved layout with the following modifications:
a. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public
rights -of -way. Electric transformers in a required front or street side yard shall be
enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the
front yard setback and shall be screened from view. (Code Requirement)
b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. 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 showing screening must be submitted for review and approval with the application
for building permit(s). (Code Requirement)
c. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox
facilities and similar items on the site plan and elevations. If located on a building, they
shall be architecturally designed into the building to appear as part of the building. They
shall be architecturally compatible with the building and non -obtrusive, not interfere with
sidewalk areas and comply with required setbacks.
d. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
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b. Submit three (3) copies of the site plan and floor plan and the processing fee to the
Planning Division for addressing purposes.
c. All Fire Department requirements shall be noted on the building plans. (FD).
d. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted
with the building permit application. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties of
underground items including buried pipe and concrete and the protection thereof. (Code
Requirement)
e. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
3. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. (PW)
b. A plan for silt control for all water runoff from the property during construction and
initial operation of the project may be required if deemed necessary by the Director of
Public Works. (PW)
c. Blockwall/fencing plans shall be submitted to and approved by the Department of
Community Development. Double walls shall be prohibited. Prior to the construction of
any new walls, a plan must be submitted identifying the removal of any existing walls
next to the new walls, and shall include approval by property owners of adjacent
properties. The plans shall include section drawings, a site plan and elevations. The
plans shall identify materials, seep holes and drainage.
4. Prior to issuance of building permits, the following shall be completed:
a. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The
Landscape Construction Set shall include a landscape plan prepared and signed by a State
Licensed Landscape Architect which identifies the location, type, size and quantity of all
existing plant materials to remain, existing plant materials to be removed and proposed
plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the
entitlement conditions of approval.
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The landscape plans shall be in conformance with Chapter 232 of the Zoning and
Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that
must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box
trees and shall be incorporated into the project's landscape plan. The landscape irrigation
system shall be designed and constructed to include a separate water line for the use of
reclaimed water subject to Water Department approval. A minimum of 10% landscaping
area is required and all backflow devices shall be shown on the plans. (PW) (Code
Requirement)
b. The developer shall submit a separate utility plan showing water system improvements,
including service connections to each building, fire hydrant, valves, backflow devices and
other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works
Standards and Water Division design criteria. These plans shall be approved by the
Public Works Water Division and the City of Huntington Beach Fire Department prior to
any construction. (PW)
c. The subject property shall enter into irrevocable reciprocal driveway easement between
the subject sites. The owner shall be responsible for making necessary improvements to
implement the reciprocal driveway. The legal instrument shall be submitted to the
Department of Community Development a minimum of 30 days prior to building permit
issuance. The document shall be approved by the Department of Community
Development and the City Attorney as to form and content and, when approved, shall be
recorded in the Office of the County Recorder. A copy of the recorded document shall be
filed with the Department of Community Development. (Code Requirement)
d. Submit gated entryway (access control devices) plans to the Department of Community
Development. The gated entryway shall comply with Fire Department Standard No. 403.
Prior to the installation of any gates, such plan shall be reviewed and approved by the
Community Development, Fire and Public Works Departments. The access gates shall
be openable form the push side (exit) without use of keys, special knowledge or effort.
5. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
ZA Minutes - 4/2/97 9 (97ZM0402)
6. Prior to final building permit inspection and approval of the first residential unit (or
commencement of use), the following shall be completed:
a. The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District and submit a copy to Department of Community Development.
b. All improvements to the property shall be completed in accordance with the approved
plans and conditions of approval specified herein, including:
1) Remove existing curb, gutter and sidewalk and construct and construct radius type
driveway. (PW)
2) Install new water service to each lot. (PW)
3) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards. (FD)
4) A fire alarm system will be installed to comply with Huntington Beach Fire
Department and Uniform Fire Code Standards. Shop drawings will be submitted to
and approved by the Fire Department prior to installation. The system will provide
the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) 24 hour supervision; and
d) voice communication (FD)
5) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
6) Address numbers will be installed to comply with City Specification No. 428. The
size of the numbers will be sized a minimum of six (6) inches with a brush stroke of
one and one-half (1-1/2) inches. (FD)
7) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
Low level exit signs will be included. (FD)
8) Service roads and fire lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
ZA Minutes - 4/2/97 10 (97ZM0402)
9) On -site fire hydrants shall be provided in number and at locations specified by the
Fire Department. (FD)
10) Any buildings over 5,000 square feet shall have automatic fire sprinkler system
installed throughout to comply with the Huntington Beach Fire Department and
Uniform Building Code standards. Shop drawing shall be submitted to and
approved by the Huntington Beach Fire Department. (FD)
c. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
d. 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.
e. The project will comply with all provisions of the Huntington Beach Fire Code and City
Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
f. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429 for new construction within the methane gas
overlay districts. (FD)
7. The use shall comply with the following:
a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted
and marked. (FD)
b. Service roads and 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. (FD)
8. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Entitlement Plan Amendment No. 97-2 shall not become effective until the ten day appeal
period has elapsed.
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2. Entitlement Plan Amendment No. 97-2 shall become null and void unless exercised within
one year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Entitlement Plan Amendment No.
97-2, pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PW)
a. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. Park and Recreation fees shall be paid prior to approval of at issuance of building permits.
8. State -mandated school impact fees shall be paid prior to issuance of building permits.
9. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
11. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Department of Community
Development.
12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
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ITEM 3: CONDITIONAL USE PERMIT NO.97-9 (SECURITY FENCING)
APPLICANT/
PROPERTY OWNER: Syed M. Hasan, 7631 Woodwind Drive, Huntington Beach, CA 92647
REQUEST: To permit construction of a six (6) foot high security fence in the
parking lot on the west side of the property.
LOCATION: 7631 Woodwind Drive (north of Talbert Avenue, west of Beach
Boulevard).
PROJECT PLANNER: Kim Klopfenstein
Kim Klopfenstein, Staff Planner, stated that the applicant submitted a letter requesting a
continuance of this item to the April 16, 1997 meeting.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN.
CONDITIONAL USE PERMIT NO.97-9 WAS CONTINUED BY THE ZONING
ADMINISTRATOR TO THE APRIL 16,1997 MEETING.
ITEM 4: COASTAL DEVELOPMENT PERMIT NO 97-4 (DIBENEDETTO
]RESIDENCE)
APPLICANT/
]PROPERTY OWNER: Nick DiBenedetto, 17441 Flower Lane, Huntington Beach, CA 92647
REQUEST: To permit the demolition of an existing residence and construction of a
new 4,400 square foot, two (2) story residence.
]LOCATION: 16562 Somerset Lane (Gilbert Island).
PROJECT PLANNER: Wayne Carvalho
Wayne Carvalho, Staff Planner, displayed site plans and photographs stating that this was a
request to permit the demolition of an existing residence and construction of a new 4,400 square
foot, two (2) story residence at 16562 Somerset Lane. The proposed project complies with all
Local Coastal Program requirements. Staff has not received any comments on the proposed
request and the plans were approved by the Huntington Harbour Property Owners Association.
Staff is recommending approval of the request with the findings and conditions as outlined in the
staff report.
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THE PUBLIC HEARING WAS OPENED.
Jerry Urner, Huntington Harbour Property Owners Association, stated that the association had
reviewed and approved the proposed plans.
Gregory Villegas, 14901 Vanguard Lane, architect, stated that they are in concurrence with
staff s recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
COASTAL DEVELOPMENT PERMIT NO.97-4 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 - COASTAL DEVELOPMENT PERMIT NO, 97-4:
L The request to permit the demolition of an existing single family residence and
reconstruction of a 4,400 square foot two story residence conforms with the plans,
policies, requirements and standards of the Coastal Element of the General Plan. The
proposed two story residence will not impact public views or access.
2. Coastal Development Permit No. 97-4 is consistent with the CZ suffix zoning
requirements, the RL Zoning District, as well as other applicable provisions in Titles 20-
25 of the Huntington Beach Zoning and Subdivision Ordinance applicable to the
property. The proposed development will conform with all applicable City codes.
At the time of occupancy, the proposed single family residence will be provided with
infrastructure in a manner that is consistent with the Coastal Element of the General Plan.
All infrastructure currently exist to the site.
4. The proposed 4,400 square foot, two story single family residence 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 residence.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-4:
1. The site plan, floor plans, and elevations received and dated February 3, 1997 shall be the
conceptually approved layout with the following modification:
a. The entertainment niche/firewood storage area shall not be located within the side
setback.
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2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of
all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
3. Prior to issuance of building permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. The plan shall depict all off site
improvements. (PW)
b. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works
and approved by the Departments of Public Works and Community Development. (PW)
c. An automatic fire sprinkler system shall be approved for installation pursuant to
Huntington Beach Fire Department and Uniform Building Code Standards. Shop
drawings shall be submitted to and approved by the Fire Department prior to installation.
(FD)
d. Stairway runs shall comply with Uniform Building Code requirements (min. 6"). (Bldg)
4. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
e. Discontinue construction during second stage smog alerts.
5. Prior to final building permit inspection and approval, the following shall be completed:
a. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
ZA Minutes - 4/2/97 15 (97ZM0402)
b. 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.
6. All proposed dock and ramp improvements shall require separate permits for the
improvements located within the public waterways.
7. All proposed cantilevered deck improvements require separate permits for the improvements.
8. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
]INFORMATION ON SPECIFIC CODE REQUIREMENTS:
l . Coastal Development Permit No. 97-4 shall not become effective until the two, ten day
appeal periods have elapsed.
2. Coastal Development Permit No. 97-4 shall become null and void unless exercised within
one year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97-
4, pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PW)
5. An encroachment permit shall be required for all work within the right-of-way. (PW)
6. State -mandated school impact fees shall be paid prior to issuance of building permits.
7. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
ZA Minutes - 4/2/97 16 (97ZM0402)
8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ITEM 5: CONDITIONAL USE PERMIT NO.97-1 (WIRELESS COMMUNICATIONS
]FACILITY)
APPLICANT: Nextwave Wireless Inc., c/o Kenny Zwick, 2400 E. Katella Avenue,
Suite 1000, Anaheim, CA 92806
PROPERTY OWNER: Glynn Shaw, 18377 Beach Boulevard, Huntington Beach, CA 92648
REQUEST: To permit a wireless communications facility consisting of antennas
and transceiver cabinets on the roof top of an existing office building.
LOCATION: 18377 Beach Boulevard (west side, north of Main Street).
PROJECT PLANNER: Wayne Carvalho
Wayne Carvalho, Staff Planner, displayed site plan and photographs stating that this was a
request to permit a wireless communications facility consisting of antennas and transceiver
cabinets on the roof top of an existing office building located at 18377 Beach Boulevard. The
antennas will exceed the height of the parapet by 11 feet, six (6) inches, up to the maximum 50
foot height limit for the district. There are a total of six (6) antennas proposed. This item went
before the Design Review Board at which time the Board recommended that the antennas be
setback 15 feet. No comments from the public have been received regarding this proposed
proj ect.
Staff is recommending approval of the request with the findings and conditions of approval as
outlined in the staff report.
THE PUBLIC HEARING WAS OPENED.
Kenny Zwick, 2400 E. Katella Avenue, representing applicant, stated that they are in
concurrence with staff s recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
]REQUEST AND THE PUBLIC HEARING WAS CLOSED.
ZA Minutes - 4/2/97 17 (97ZM0402)
CONDITIONAL USE PERMIT NO.97-1 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 - CONDITIONAL USE PERMIT NO 97-1
1. Conditional Use Permit No. 97-1 for the establishment, maintenance and operation of a
wireless communications facility consisting of six, 15 foot high antennas extending 1 F-6"
above the parapet, and associated support equipment, including transceiver cabinets on the
roof top of an existing office building will not be detrimental to the general welfare of
persons working or residing in the vicinity or detrimental to the value of the property and
improvements in the neighborhood. The antennas will be setback 15 feet from the building
exterior minimizing visual impacts from the property lines. The wireless communication
facility will not generate noise, traffic or other impacts which would be detrimental to
surrounding commercial and residential uses.
2. The conditional use permit for the wireless communications facility will be compatible with
surrounding commercial and residential uses. The proposed antennas will be setback a
minimum of 15 feet from the building parapet as recommended by the Design Review Board,
so not to create an offensive view impact to surrounding properties.
3. The proposed wireless communication facility will comply with the provisions of the base
district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and
Subdivision Ordinance and any specific condition required for the proposed use in the district
in which it would be located. In addition, the operation of the wireless communication
facility with antennas and its associated equipment will provide enhanced, reliable mobile
radio communication to the area and will reduce the overall number of required sites in the
City.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of General Commercial on the subject
property.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-1:
1. The site plan, floor plans and elevations received and dated March 5, 1997 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be
printed verbatim on the cover page of all the working drawing sets used for issuance of
building permits (architectural, structural, electrical, mechanical and plumbing).
ZA Minutes - 4/2/97 18 (97ZM0402)
3. Prior to issuance of building permits, structural plans and details shall be submitted to the
Building Division for plan check and approval.
4. 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.
5. The Community Development Director ensures that all conditions of approval herein are
complied with. The Community Development Director shall be notified in writing if any
changes to the site plan, elevations and floor plans are proposed as a result of the plan check
process. Building permits shall not be issued until the Community Development Director has
reviewed and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action and the conditions herein. If the proposed changes are of a substantial
nature, an amendment to the original entitlement reviewed by the Zoning Administrator may
be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS•
Conditional Use Permit No. 97-1 shall not become effective until the ten day appeal period
has elapsed.
2. Conditional Use Permit No. 97-1 shall become null and void unless exercised within one
year of the date of final approval or such extension of time as may be granted by the
Director pursuant to a written request submitted to the Department of Community
Development a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-1,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid.
5. The development shall comply with all applicable provisions of the Municipal Code,
Building Division, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice
of Exemption at the County of Orange Clerk's Office. The check shall be made out to
the County of Orange and submitted to the Department of Community Development
within two (2) days of the Zoning Administrator's action.
ZA Minutes - 4/2/97 19 (97ZM0402)
r1
J
0
THE MEETING WAS ADJOURNED AT 1:55 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 9,1997 AT 1:30 PM.
-- j �
Herb Fauland
Zoning Administrator
:kjl
ZA Minutes - 4/2/97
20
(97ZM0402)