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HomeMy WebLinkAbout1997-04-09MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 9, 1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Jane Madera, Lisa Mercurio, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: December 18, 1996 minutes were approved ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.97-8/ CONDITIONAL USE ]PERMIT NO.97-14 (DEMPSEY REMODEL) APPLICANT Jay W. Earl, 17122 Tiffany Circle, Huntington Beach, CA 92649 PROPERTY OWNER: Edward Dempsey, 2610 Yale, Santa Ana, CA 92704 ]REQUEST: To permit a 34 foot building height as part of a single family residence remodel to add 1,237 square feet, including balcony, to the first and second stories. LOCATION: 16482 Barnstable (Huntington Harbour) PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed site plan and elevation stating that the request was to permit a 34 foot building height as part of a single family residence remodel. The remodel includes the addition of 1,237 square feet, including a balcony, to the first and second stories at 16482 Barnstable. The application is a coastal development permit because the amount of the proposed addition exceeds ten (10) percent of the existing floor area and the property is directly adjacent to the water channel. The conditional use permit is required because the proposed addition will change the roof height to 34 feet high, and the Local Coastal Program allows a maximum 30-35 feet high but does require a conditional use permit. All code requirements and development standards on this property are being met with the proposed development. Staff stated that they had received one (1) phone call on March 28, 1997, from a neighbor concerned with the height of the project. Staff stated that the conditions of approval for the conditional use permit had inadvertently been omitted in the staff report. Staff has distributed a copy of these conditions to the applicant. Staff is recommending approval with the findings and conditions of approval as outlined. THE PUBLIC HEARING WAS OPENED. Jay Earl, 17122 Tiffany Circle, applicant, stated that he concurs with staff s recommendation. Jerry Urner, Huntington Harbour Property Owner's Association, stated that the association has only done a preliminary review but does not foresee any problems. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-14 AND COASTAL DEVELOPMENT PERMIT NO.97-8 WERE 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 97-8• 1. The request to permit a 34 ft. building height in conjunction with a residence remodel to add 1,237 square feet to a two-story single family dwelling, as modified by the conditions of approval, conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan, including the Local Coastal Program. The project will not impact public views or access to coastal amenities. 2. Coastal Development Permit No. 97-8/ Conditional Use Permit No. 97-14 is consistent with the requirements of the CZ Overlay District, the RL Zoning District, as well as other applicable provisions of the Municipal Code, including site coverage and setbacks. 3. At the time of occupancy, the proposed addition to the existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure necessary to serve the residence currently exists on the site. 4. The proposed 1,237 square foot addition to various rooms of the existing 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 construction. ZA Minutes - 4/9/97 2 (97ZM0409) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-14• 1. Conditional Use Permit No. 97-14 for the establishment, maintenance and operation of the 1,237 square foot remodel to a single family home along with a 34 foot building height 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 remodel will be compatible with other two (2) story homes and does not exceed height limits established by the Local Coastal Program. 2. The conditional use permit will be compatible with surrounding uses because other two-story homes in similar size and height are existing throughout Humboldt Island. 3. The proposed first and second story addition 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, including setbacks, building height, and site coverage. 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 Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Policy LU 9.1.1: Accommodate the development of single- and multi -family residential units in areas designated by the Land Use Plan Map as stipulated by the Land Use and Density Schedule. b. Policy LU 9.1.2: Require that single family residential units be designed to convey a high level of quality and character. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-S/ CONDITIONAL USE PERMIT NO.97-14: 1. The site plan, floor plans, and elevations received and dated November 6, 1996 shall be the conceptually approved layout. 2 One 36 inch box tree or the palm equivalent shall be provided in the front yard. The location and specimen type shall be depicted on the Civil Engineers plan. 3. The existing water meter and service to the main line in the street shall be abandoned and a new water meter shall be provided. 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. ZA Minutes - 4/9/97 3 (97ZM0409) 5. 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 Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97-8 and Conditional Use Permit No. 97-14 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 2: ENTITLEMENT PLAN AMENDMENT NO.97-8 (EXPRESSO BAR APPLICANT: The Daily Grind Expresso Bar, Susan Cooper, 17220 Pacific Coast Highway, Huntington Beach, CA 92649 PROPERTY OWNER: Jewel Land Company, Patricia -Trustee, 21188 Hawthorne Boulevard, Torrance, CA 90503 REQUEST: To modify a previous condition of approval for Use Permit No. 92-18 to allow business to be open from 5:00 AM through 7:00 PM in lieu of the approved hours of 5:00 AM through 12:00 PM. LOCATION: 17220 Pacific Coast Highway (north corner of Warner Avenue in the Huntington Beach Shopping Center). PROJECT PLANNER: Lisa Mercurio Lisa Mercurio, Staff Planner, displayed site plan and photographs stating that this request was to modify a previous condition of approval for Use Permit No. 92-18 to allow business to be open from 5:00 AM through 7:00 PM in lieu of the approved hours of 5:00 AM through 12:00 PM. (midnight). The subject site is located at 17220 Pacific Coast Highway. The applicant is requesting to modify the hours only. Staff has received 36 letters of support from customers. The use is in conformance with the General Plan and zoning designation for the area. The additional hours will not have any significant impacts on the center. Staff has not received any comments from other City departments. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. ZA Minutes - 4/9/97 4 (97ZM0409) THE PUBLIC HEARING WAS OPENED. ]Debbie Edwards, 17220 Pacific Coast Highway, representing applicant stated that they concurred with staff s recommendation. Herb Fauland, Zoning Administrator asked the applicant if they felt the reduced hours would impact their business. He expressed concern that amending the hours of operation would lock them in to set hours which would prohibit them from future business after 7:00 PM. He asked the applicant if they wanted a little flexibility in their hours of operation. He did not want the applicant to come before him at a latter date to adjust their hours, if future business picked up. The applicant stated they would be amenable to the flexibility and stated that 10:00 PM would be a compromise time, even though they didn't feel they would be open latter than 7:00 PM. The applicant thanked the Zoning Administrator for his willingness to be fexible. 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 he will extend the requested hours of operation to 10:00 PM for closing, in -lieu of the requested 7:00 PM time. ]ENTITLEMENT PLAN AMENDMENT NO.97-8 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.97-8 Entitlement Plan Amendment No. 97-8 for the establishment, maintenance and operation of the expanded hours of operation for the drive -through expresso bar 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 drive -through expresso bar is accessed directly from Pacific Coast Highway, near Warner Avenue this allows for easy access on and off the site, with minimal impact on surrounding uses. 2. Entitlement Plan Amendment No. 97-8 will be compatible with surrounding uses because the expansion of the hours of operation of the drive -through expresso bar will draw people in and out of the site quickly, thereby not increasing on site congestion. The original use permit approvals allowed the drive through expresso bar to operate between 5:00 am to 12:00 pm. Expanded hours from 5:00 am to 10:00 pm will not adversely impact the surrounding retail uses because this a drive -through expresso bar which will not impact the parking available for surrounding uses. Furthermore, all traffic for this use is separated from other retail spaces and there will be no impact on the circulation of the site. Additionally, there has been significant interest in the expanded hours of operation by Huntington Beach residents and patrons of the expresso bar. ZA Minutes - 4/9/97 5 (97ZM0409) 3. The proposed expansion of hours 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 expansion of hours is supported by the location of the commercial site that allows high visibility from Pacific Coast Highway and Warner Avenue. 4. The granting of the Entitlement Plan Amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial Visitor (CV) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 10.1 - This objective of the General Plan states that the City shall provide for the continuation and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. b. ED 2.4.3 - This policy states that there is a need to encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. CONDITIONS OF APPROVAL - ENTITLEMENT PLAN AMENDMENT NO 97-8• 1. The site plan, floor plans, and elevations received and dated February 19, 1997 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Hours of operation shall be limited to between 5:00 AM to 10:00 PM -Seven (7) days a week. b. All other conditions of Use Permit No. 92-18 shall remain in effect. 3. 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. ZA Minutes - 4/9/97 6 (97ZM0409) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 97-8 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 97-8 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. 97-8, 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. 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. S. 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. 6. 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. 11EM 3: CONDITIONAL USE PERMIT NO, 97-10 (CAR WASH SHADE TENT APPLICANT: Harbour Pacific Car Wash, 16921 Algonquin Street, Huntington Beach, CA 92649 PROPERTY OWNER: Trumo Corp., 1280 Bison, Suite B, Newport Beach, CA 92666 REQUEST: To permit one (1) 18 foot by 24 foot shade tent. LOCATION: 16921 Algonquin Street (northwest corner of Algonquin and Davenport). PROJECT PLANNER: Hannah L. Brondial Bowen/Mary Beth Broeren Mary Beth Broeren, Staff Planner, displayed site plan and photographs stating that this was a request to permit one (1) 18 foot by 24 foot shade tent at 16921 Algonquin Street. Staff stated that the tent does not interfere with the travel of vehicles or pedestrians. The applicant will be required to obtain building permits and fire permits for the structure. The Landscape Division is requesting that four (4) queen palms be located in the planter area. Staff has not received any calls or written correspondence from the public regarding this request. The request was originated through a Code Enforcement complaint. The applicant is not present today but has been advised of the findings and conditions of approval. ZA Minutes - 4/9/97 7 (97ZM0409) Staff is recommending approval of the request with the findings and conditions as outlined in the staff report. Herb Fauland, Zoning Administrator questioned staff regarding the colors of the proposed shade tent. Staff stated that the colors are compatible with the existing service station colors. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-10 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.97-10• 1. Conditional Use Permit No. 97-10 for the establishment, maintenance and operation of an 18 foot by 24 foot shade tent for a car wash business 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 shade tent will not obstruct vehicular or pedestrian access. It will not interfere with vehicular visibility on either Algonquin or Davenport Street. 2. The proposed shade tent 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 granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-CZ (Commercial General, Coastal Zone) on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-10: 1. The site plan and elevations received and dated February 3, 1997 shall be the conceptually approved layout with the following modification: a. The owner or applicant shall add four (4) queen or king palms 13 feet to 14 feet of trunk height at the corner of Algonquin and Davenport. ZA Minutes - 4/9/97 (97ZM0409) 0 r 2. The canopy shall comply with the following: a. Canopy must comply with Article 32 of the Huntington Beach Fire Code. b. Canopy must be flame retardant. c. A Fire Department permit shall be obtained for the canopy. 3. 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. Plans and Calculations shall be wet signed by a design Engineer. The calculations shall include uplift analysis. (Bldg.) 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. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. S. Prior to final inspection and approval, the following shall be completed: a. All irrigation systems shall be functioning properly and providing head to head coverage without watering A/C and concrete surfaces. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 6. 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. ZA Minutes - 4/9/97 (97ZM0409) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit 97-10 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit 97-10 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 97-10, 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. 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. 5. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 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. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 16,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 4/9/97 10 (97ZM0409)