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HomeMy WebLinkAbout1997-05-07MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 7. 1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland ,STAFF MEMBER: Lisa Mercurio, Amy Wolfe, Lana Carter, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: January 22, and January 29, 1997 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: TEMPORARY USE PERMIT NO.97-6 (GOSPEL TENT) APPLICANT: Robert R. Anderson, 2134 Main Street, Suite 130, Huntington Beach, CA 92648 ]PROPERTY OWNER: M.S. Vickers, 21002 Pacific Coast Highway, Huntington Beach, CA 92648 REQUEST: To allow a gospel tent meeting to be held between June 20, and June 28, 1997; the meetings will be held from 8:00 PM to 9:15 PM, with a possible Saturday afternoon meeting. There will be live amplified entertainment (from approximately 8:25 PM to 8:45 PM) at each meeting. There will be 300 chairs inside the tent and 40 off -site parking spaces are proposed. LOCATION: Northeast corner of Pacific Coast Highway and First Street. PROJECT PLANNER: Lisa Mercurio Lisa Mercurio, Staff Planner, displayed site plan and photographs stating the request is to allow a gospel tent meeting to be held between June 20, and June 28, 1997; the meetings will be held from 8:00 PM to 9:15 PM, with a possible Saturday afternoon meeting. There will be live amplified entertainment (from approximately 8:25 PM to 8:45 PM) at each meeting. There will be 300 chairs inside the tent and 40 off -site parking spaces are proposed. The subject site is a vacant lot located on the northeast corner of Pacific Coast Highway and First Street. The use is in conformance with the General Plan and zoning designation of the area. The use is compatible with the surrounding area because it is temporary in nature and the hours of operation should not conflict with beach patrons or nearby residents. The speakers for the amplified entertainment will be directed away from the residential areas, thereby reducing the impacts to the residents. The applicant has made arrangements for the operator of the parking lot behind the proposed tent to purchase 40 parking spaces, so that the first 40 cars will be able to park free. There is a total of 175 parking spaces in the parking lot. In the event the lot is full the applicant will have personnel on -site and signs available to direct traffic to either street parking or the parking structure on Third Street. As a condition of approval no vehicles will be allowed on the site, except for those ofthe few individuals that are related to the event. Staff has not received any communications 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. Herb Fauland, Zoning Administrator, asked staff if the Fire and Police Departments have reviewed the proposed request, and did they have any conditions placed upon the event. Staff stated that they had both reviewed the request. The Fire Department's comments have been incorporated into the conditions of approval and the Police Department had no comments or concerns. Mr. Fauland requested that staff add a condition to state that noise or music shall comply with Huntington Beach Municipal Code, Chapter 8.40, Noise Control. THE PUBLIC HEARING WAS OPENED. Robert Anderson, 7602 Appleby Drive, representing applicant, stated that he concurred with staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.97-6 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 - TEMPORARY USE PERMIT NO.97-6: 1. Temporary Use Permit No. 97-6 for the establishment, maintenance and operation of the gospel tent meeting 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 event will be maintained, secured and controlled in an appropriate manner with directional signage and traffic control. The specific conditions of approval addressing hours of operation, noise levels and clean-up of the site have been applied to this request to insure the general welfare of adjacent residents. 1 ZA Minutes - 5/7/97 2 (97ZM0507) J 2. The temporary use permit will be compatible with surrounding uses because the event is temporary in nature it will not alter existing property and improvements in the area. There is a parking lot adjacent to the meeting site with approximately 175 parking spaces, 40 of these have been reserved by the applicant, and metered street parking is available. Any additional overflow traffic will be directed to Downtown parking structures on Third Street and Orange Avenue. 3. The proposed gospel tent meeting 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. 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 Downtown Specific Plan District No. 7 on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. RCS I - Enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. b. RCS 1.1- Encourage recreational opportunities unique to Huntington Beach which will enhance visitation and economic development. c. ED 2.4.3 - 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 - TEMPORARY USE PERMIT NO 97-6• 1. The site plan, floor plans and elevations received and dated April 17, 1997 shall be the conceptually approved layout. 2. The use shall comply with the following: a. The applicant shall post directional signage near the corner of Pacific Coast Highway and First Street and at the driveway entrance to adjacent parking lot. The directional signage shall direct overflow parking to the parking structures on Third Street and Orange Avenue. b The applicant shall provide personnel to direct pedestrian traffic flow into and out of site, and automobile traffic onto adjacent parking lot or downtown parking structures from one (1) hour before each meeting and to one (1) hour after each meeting. c The applicant shall obtain all necessary Fire Department permits and comply with all provision of Article 32 of the Uniform Fire Code. ZA Minutes - 5/7/97 (97ZM0507) d. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Uniform Building Code. (FD) e. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. (FD) f. 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) g. The tent must comply with Article 32 of the Huntington Beach Fire Code. h. All parking for guests of the meetings shall be a minimum of 60 feet from the tent. i. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. j. The applicant's request shall include necessary permits for temporary signs, however, no signs shall be located in the public right-of-way. k. The Huntington Beach Police Department shall be notified 24 hours prior to the event. 1. Speakers for amplified music and speech shall not be directed towards any housing areas. in. The applicant shall provide for clean-up of the areas after the closing of the event. All trash, debris, and garbage, as well as special dumpsters, shall be removed from the site within two (2) days of the closing of the event. n. In the event that there are any violations of the foregoing conditions or any violations of life safety codes, the gospel meeting activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Community Development. o. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 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. [1 ZA Minutes - 5n197 4 (97ZM0507) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Temporary Use Permit No. 97-6 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 97-6 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 Temporary Use Permit No. 97-6, 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. The event shall comply with Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. 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. ITEM 2: COASTAL DEVELOPMENT PERMIT NO.97-6 (BUETTNER RESIDENCE) APPLICANT Lee Jubas, 1843 Lookout Drive, Agoura, CA 91301 PROPERTY OWNER: Brad & Lynn Buettner, 3402 Sagamore Drive, Huntington Beach, CA 92649 REQUEST: To permit the construction of a new 4,993 square foot, two (2) story residence. LOCATION: 3832 Seascape Drive (east of Seascape Drive and Sundancer Lane, Trinidad Island, Huntington Harbour). PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plan stating the request is to permit the construction of a new 4,993 square foot, two (2) story residence at 3832 Seascape Drive. Staff stated that the site is currently vacant and the proposed use will comply with the General Plan and Local Coastal Program requirements. The proposed use is consistent with the requirements of the base zoning district of Low Density Residential. ZA Minutes - 5/7/97 5 (97ZM0507) Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. Herb Fauland, Zoning Administrator, asked staff if they had received any comments from the Architectural Review Committee for this area. Staff stated they had received a letter of concurrence with the design from the Architectural Review Committee. Staff also stated that they had not received any other communications for the public regarding this request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO.97-6 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, 97-6: 1. Coastal Development Permit No. 97-6 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed 4,993 square foot dwelling will not impact public views or access as none exist at the property. The house will replace a previous residence which was demolished. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project complies with minimum setback requirements, provides adequate on -site parking and does not exceed allowed site coverage. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist to the site. 4. The proposed development 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 as a result of the new construction. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-6: 1. The site plan, floor plans, and elevations received and dated March 26, 1997, shall be the conceptually approved layout. ZA Minutes - 5/7/97 6 (97ZM0507) [i 2. All proposed cantilevered deck improvements are subject to approval by the California Coastal Commission. 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. All Fire Department requirements shall be noted on the building plans. (FD). c. 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. 4. 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. 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. 5. Prior to issuance of building permits: 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. 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. One (1) 36 inch box tree shall be provided in the front yard area. (PW) (Code Requirement) ZA Minutes - 5n197 7 (97ZM0507) 6. 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. 7. Prior to final building 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. 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. 8. If the building square footage (as defined for Fire Code requirement application purposes) exceeds 5,000 square feet, an automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. (FD) 9. A four (4) foot setback shall be provided between the gas pool heater (if any), and the side property line. 10. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 97-6 shall not become effective until the ten day appeal period has elapsed. `1 1 ZA Minutes - 5/7/97 8 (97ZM0507) 2. Coastal Development Permit No. 97-6 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- 6, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Local Coastal Program 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. 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 3: CONDITIONAL USE PERMIT NO.97-24 (TOVATT RESIDENCE, APPLICANT/ PROPERTY OWNER: Ryan Tovatt, 608 Lincoln Avenue, Huntington Beach, CA 92648 REQUEST: To construct a one (1) car garage addition to an existing two (2) car garage with access from Lincoln Avenue. The conditional use permit is required for addition to a non -conforming structure. LOCATION: 608 Lincoln Avenue (southeast corner of Lincoln Avenue and England Street). PROJECT PLANNER: Lana Carter Lana Carter, Staff Planner, displayed site plan, elevations and photographs stating the request is to construct a one (1) car garage addition to an existing two (2) car garage with access from Lincoln Avenue. The conditional use permit is required for addition to a non -conforming structure. The proposed structure is located at 608 Lincoln Avenue. The subject structure is non -conforming because the side setback to the street is seven and one-half (7 1/2) feet and access is not provided from the alley because of an existing structure on the alley side. The proposed addition extends the same distance as the existing garage. All other aspects are in compliance with the code. ZA Minutes - 5/7/97 9 (97ZM0507) 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. Ryan Tovatt, 608 Lincoln Avenue, applicant, stated that he concurred with staff s recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-24 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.97-24: 1. Conditional Use Permit No. 97-24 for construction of a one car garage addition 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. No increase in the intensity of the existing residential use is proposed. The proposed garage addition will provide an additional enclosed parking space for the second residence on the property, as required by the Huntington Beach Zoning and Subdivision Ordinance. 2. The conditional use permit will be compatible with the surrounding uses. The surrounding uses are single family and multi family residential uses. No change to the existing residential use on the site is proposed. The garage is designed to be compatible with the existing structures on the site and in the vicinity. 3. The proposed garage addition will comply with the provisions of the base district and other applicable provisions in Titles 20 through 25 of the Huntington Beach Zoning and Subdivision Code, except that (1) the garage will be set back 7.5' from Lincoln Avenue and (2) access to the garage will be from Lincoln Avenue rather than from the adjacent alley. These exceptions are permitted by the Huntington Beach Zoning and Subdivision Ordinance Section 236.06.D. subject to approval of a conditional use permit by the Zoning Administrator. 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 RMH-25-d on the subject property. In addition, it is consistent with General Plan Policy A.LU9.2.1. regulating infill development since the proposed addition is designed to be compatible with the existing structures on the site and adjacent to the site ZA Minutes - 5/7/97 10 (97ZM0507) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-24• 1. The site plan, floor plans, and elevations received and dated March 11, 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). 3. 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. 4. Prior to final building permit inspection and approval, 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) 'The existing curb, gutter, and sidewalk shall be removed and replaced with concrete drive apron per City Standards. 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. ZA Minutes - 5/7/97 11 (97ZM0507) 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: 1. Conditional Use Permit No. 97-24 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-24 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 Planning Commission reserves the right to revoke Conditional Use Permit No. 97-24, 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. An encroachment permit shall be required for all work within the right-of-way. (PW) The development shall comply with all applicable I 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction ' shall be prohibited Sundays and Federal holidays. 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 P,lanning;,Comriiission's action. . ` � 4 THE MEETING WAS AD.IOUANED AT.1:45 PM,IiY.THE ZONING ADMINISTRATOR''iCO,THE',NEXT f EGULAI&Y SCHEDULED MEETING OF THE ZONING AD NISTRATOR_ON,WEDNESDAY, MAY 14,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 5/7/97 12 (97ZM0507)