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HomeMy WebLinkAbout1997-06-11MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 11,1997 -1.30 P.M. ZONING ADMINISTRATOR• Herb Fauland STAFF MEMBER: Jim Barnes, Peter Vanek, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: February 26, and May 28, 1997 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO 97-120 (HOME DEPOT. APPLICANT/ PROPERTY OWNER: Huntington Beach Union High School District, 10251 Yorktown Avenue, Huntington Beach, CA 92646 REQUEST: Subdivide 15.45 acres into two (2) parcels. LOCATION: Southeast corner Warner Avenue and Goldenwest Street. PROJECT PLANNER: Jim Barnes Jim Barnes, Staff Planner, displayed tentative parcel map stating that this request is to subdivide 15.45 acres into two (2) parcels at the southeast corner of Warner Avenue and Goldenwest Street. The project site consists of the athletic fields at the Ocean View High School and the vacant Wintersburg Continuation School. Staff stated that the request is in compliance with a condition of approval imposed upon the recently approved Home Depot conditional use permit (CUP). In addition to the CUP for Home Depot, the project also included a general plan amendment and zone change to permit the commercial and office use of the school site. The approval of the CUP permitted the Home Depot and conceptually approved an office building for the future home of the Ocean View School District administrative offices. The two proposed buildings necessitate the subdivision of separate lots for each building and use. Parcel 1, the Home Depot site, is approximately 12 acres and meets all minimum zoning requirements for lot width and size. Parcel 2, the administration building, is 2.38 acres and also meets all minimum zoning requirements. Staff has solicited and received comments from other City Departments and has incorporated those comments into the suggested conditions of approval. Staff noted that the city has received a letter from Alice Booth who opposes the request. Staff is recommending approval of the request with the suggested findings and conditions of approval as outlined in the staff report. Herb Fauland, Zoning Administrator, questioned staff if the concerns raised as part of the EIR for the two parcels have been addressed. He asked staff if conditions have been imposed on the project to address those issues. Staff stated that the Public Works Departments is comfortable that those issues have been addressed in the conditions of approval. THE PUBLIC HEARING WAS OPENED. D. Edward Baker, HBUHSD, 10251 Yorktown Avenue, representing applicant, stated that he concurs with staff s report and the conditions of approval. Mr. Baker asked staff to explain Condition No. 3.d. Jim Barnes, Staff Planner, stated that condition No. 3d is a condition suggested by the Public Works Department. He indicated that prior to the final map being approved by the City Engineer, the condition allows for the City to require that additional information be submitted. Staff stated they would request clarification from Public Works Department on the suggested condition of approval. Paul Hacunda, Nolte Engineering, stated that he prepared the tentative parcel map 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. Bruce Crosby, Public Works, stated that Condition No. 3.d was to address the remainder school site and not the subject parcels. The suggested condition should not be a part of the map and should be deleted. Herb Fauland, Zoning Administrator, stated that he would be approving the tentative map because it complies with the minimum zoning requirements, the map is conditioned to mitigate impacts and the necessary findings for approval can be made. He noted that condition No. 3 d will be deleted. TENTATIVE PARCEL MAP NO.97-120 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 - TENTATIVE PARCEL MAP NO.97-120: 1. The tentative parcel map for the subdivision of one (1) lot into two (2) lots is consistent with the existing General Plan Land Use Element designation of CG (General Commercial) and CO (Commercial Office) on the subject property, or any applicable specific plan, or of the applicable provisions of this code. ZA Minutes - 6/11/97 2 (97ZM0611) L� 2. The site is physically suitable for the type of development. The two (2) lots are generally flat and suitable for construction of commercial and office development. The size, depth and frontage of the lots are in compliance with City standards. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantially damage or substantially and avoidably injure fish or wildlife or their habitat. The project site has previously been developed and/or used for active recreational use, and does not support any fish or wildlife. The subdivision will not have a significant impact on the surrounding area. 4. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision unless alternative easements, for access or for use, will be provided. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO 97-120• 1. The tentative parcel map received and dated April 29, 1997, shall be the approved layout. 2. Prior to recordation of the parcel map, the following shall be completed: (PW) a) The surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. b) The surveyor/engineer preparing the map shall submit to the County Surveyor a digital - graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. Concurrent with recordation of the parcel map the following shall be completed: (PW) a) All vehicular access rights to Warner Avenue and Goldenwest Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. b) A mylar and print of the recorded parcel map shall be provided to the Public Works Department at the time of recordation. c) The developer shall dedicate a strip of land on the east side of Goldenwest Street and, prior to release of the map, construct a northbound right turn lane on Goldenwest Street per Public Works requirements. (Dedication to be shown on parcel map.) 4. The final parcel map shall indicate the area on Goldenwest Street that will accommodate the revised right turn lane. ZA Minutes - 6/11/97 (97ZM0611) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Parcel Map No. 97-120 shall not become effective until the ten day appeal period has elapsed. 2. The Zoning Administrator reserves the right to revoke Tentative Parcel Map No. 97-120, 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. 3. All applicable Public Works fees shall be paid prior to map recordation. (PW) 4. Tentative Parcel Map No. 97-120 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 5. The applicant shall submit a check in the amount of $38 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• CONDITIONAL USE PERMIT NO, 97-44 (HONEYBAKED HAMS RESTAURANT) APPLICANT: Robert Hidey Architects, 130 Newport Center Drive, Suite 210, Newport Beach, CA 92660 PROPERTY OWNER: Honeybaked Hams, 19022 Beach Boulevard, Huntington Beach, CA 92648 REQUEST: To permit establishment of a restaurant in an existing 1,149 square foot suite in conjunction with the existing Honeybaked Hams facility. LOCATION: 19022 Beach Boulevard (east side of Beach Boulevard, approximately 100 feet south of Garfield Avenue). PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed site plan stated this request is to permit establishment of a restaurant in an existing 1,149 square foot suite in conjunction with the existing and adjacent Honeybaked Hams facility at 19022 Beach Boulevard. The suite is currently vacant and existing retail borders the subject site on all sides. Only interior improvements are proposed, and the request will not alter building elevations or on -site circulation patterns. Staff has not received any comments 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. ZA Minutes - 6/11/97 4 (97ZM0611) THE PUBLIC HEARING WAS OPENED. Art Kent, AIA, 325 A 2nd Street, representing the applicant, stated that he concurs with staffs recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-44 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 97-44• 1. Conditional Use Permit No. 97-44 for the establishment, maintenance and operation of the 1149 sq. ft. restaurant 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 restaurant will occupy a vacant suite adjacent to two other retail businesses and will not impact residences to the east. 2. The conditional use permit will be compatible with surrounding uses because there is sufficient parking to accommodate the proposed use, and the restaurant will occupy an existing vacant suite with no exterior changes. 3. The proposed restaurant use 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. Adequate parking will be available for the use. 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 Commercial General on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO, 97-44: The site plan, floor plans, and elevations received and dated May 7, 1997 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plan check in place of those conditions from Conditional Use Permit No. 95-69 currently placed on the plans. ZA Minutes - 6/11/97 5 (97ZM0611) b. Access from the parking lot to the entry of the building shall be depicted on the plan. ,, 3. Prior to final inspection, the following shall be completed: a. Exit signs and exit path markings shall be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code including low level exit signs. (FD) b. An automatic fire sprinkler system shall be required for all commercial cooking equipment pursuant to Fire Department regulations. (FD) c. Automatic fire sprinklers shall be provided throughout the new space. (FD) 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. A minimum 36 inch box tree shall be replaced along Beach Boulevard as required by the Huntington Beach Zoning and Subdivision Ordinance. The type and location of the tree shall be approved by the Departments of Public Works and Community Development prior to installation. (PW) 4. The use shall comply with the following: a. The restaurant shall comply with the State Handicapped Regulations. Disabled access is required from the public way to the entrance and within the building. b. Two (2) restrooms shall be required. 5. All rooftop mechanical equipment shall be screened. A rooftop mechanical equipment plan shall be submitted depicting the method of screening. (Code Requirement) 6. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director of Planning. All such apparatuses shall be depicted on the site plan prior to issuance of building permits. (Code Requirement) 7. All proposed signs require separate building permits. 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. ZA Minutes - 6/11/97 6 (97ZM0611) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 97-44 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-44 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. 97-44, 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 shall be issued by the Department of Community Development prior to occupying the building. 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. 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. 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: TEMPORARY USE PERMIT NO.97-10 (HUNTINGTON FURNISHINGS MART) Applicant: Huntington Furnishings Mart, 7227 Edinger, Suite B, Huntington Beach, CA 92647 Property Owner: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 Request: To permit temporary outdoor sales of furniture from June 28, to July 6, 1997. Location: 7227 Edinger Avenue (north of Edinger, approximately 500 feet west of Gothard) Project Planner: Peter Vanek ZA Minutes - 6/11/97 7 (97ZM0611) Peter Vanek, Staff Planner, displayed site plan stating the request is to permit temporary outdoor sales of furniture from June 28, to July 6, 1997 at 7227 Edinger Avenue. The proposed location will occupy approximately 76 parking stalls at the center of the parking lot. The applicant will be required to obtain all the necessary permits from the Fire Department and Building Division as necessary. Circulation will be altered somewhat on -site but will be sufficient for the short period of time. Staff is recommending approval of the request with the findings and conditions approval of approval as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY 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. FI DINGS'FOR APPROVAL - TEMPORARY USE PERMIT NO.97-10: 1. Temporary Use Permit No. 97-10 for the establishment, maintenance and operation of the outdoor furniture sale in the parking lot from June 28, 1997 to July 6, 1997 will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Furniture sales in the parking lot will not block entrances or accessibility to the businesses in the center and ample parking will be provided. In addition, there are no residences within the vicinity. The event is temporary in nature and security personnel will be present to protect merchandise left out overnight. 2. The granting of Temporary Use Permit No. 97-10 will not adversely affect the General Plan of the City of Huntington Beach because the General Commercial land use designation promotes various types of retail activities. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-10: 1. The site plan, floor plans, and elevations received and dated May 5, 1997, shall be the conceptually approved layout. ZA Minutes - 6/11/97 8 (97ZM0611) 2. The use shall comply with the following: a. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. b. The proposed tent shall be of fire retardant material. Proof of certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. c. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. d. Fire extinguishers shall be provided in number and locations specified by the Fire Department. e. 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. f. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. g. This action will include necessary permits for temporary signs. h. An overnight security guard shall be provided to protect merchandise left overnight. The Huntington Beach Police Department shall be notified 24 hours prior to the event. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Temporary Use Permit No. 97-10 shall not become effective until the ten day appeal period has elapsed. 2. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Minutes - 6/11/97 9 (97ZM0611) 4. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-10 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. � ITEM 4 TEMPORARY USE PERMIT NO 97 11(LIFETIME FURNITURE Applicant: Lifetime Furniture, 7672 Edinger Avenue, Huntington Beach, CA 92647 Property Owner: Sarm Enterprises, 320-108th Avenue, NE#406, Bellevue, WA 98004 Request: To permit temporary outdoor sales of furniture from June 27, to July 25, 1997. Location: 7672 Edinger Avenue (southeast corner of Edinger Avenue and Sher Drive). Project Planner: Peter Vanek Peter Vanek, Staff Planner, displayed site plan stating this request is to permit temporary outdoor sales of furniture from June 27, to July 25, 1997 at 7672 Edinger Avenue. The proposed location will occupy approximately 10 parking stalls at the center of the parking lot. The applicant will be required to obtain all the necessary permits from the Fire Department and Building Division as necessary. Staff has not received any negative response from surrounding business owners. This event has been an annual event and staff is unaware of any past problems. 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. Truyen Le, 7672 Edinger Avenue, representing applicant, stated that he concurs 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.97-11 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 TEMPORARY USE PERMIT NO. 97-11: 1. Temporary Use Permit No. 97-11 for the establishment, maintenance and operation of the outdoor furniture sale in the parking lot from June 27, 1997 to July 25, 1997 will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Furniture sales in the parking lot will not block entrances or accessibility to the businesses in the center and ample parking will be provided. In addition, there are no residences within the vicinity. The event is temporary in nature and security personnel will be present to protect merchandise left out overnight. ZA Minutes - 6/11/97 10 (97ZM0611) 2. The granting of Temporary Use Permit No. 97-11 will not adversely affect the General Plan of the City of Huntington Beach because the General Commercial land use designation promotes various types of retail activities. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO 97-11• 1. The site plan, floor plans, and elevations received and dated May 7, 1997, shall be the conceptually approved layout. 2. The use shall comply with the following: a. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. b. The proposed tent shall be of fire retardant material. Proof of certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. c. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. d. Fire extinguishers shall be provided in number and locations specified by the Fire Department. e. 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. f. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. g. This action will include necessary permits for temporary signs. h. An overnight security guard shall be provided to protect merchandise left overnight. The Huntington Beach Police Department shall be notified 24 hours prior to the event. 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 - 6/11/97 11 (97ZM0611) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Temporary Use Permit No. 97-11 shall not become effective until the ten day appeal period has elapsed. 2. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 4. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-11 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADM ISTRATOR ON WEDNESDAY, JUNE 18,1997 AT 1:30 PM. 2L Herb Fauland Zoning Administrator :kjl 1 �1 ZA Minutes - 6/11/97 12 (97ZM0611)