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Home My WebLink About1998-02-180 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 18,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wayne Carvalho, Ricky Ramos, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: REVOCATION OF CONDITIONAL USE PERMIT NO.95-32/COASTAL DEVELOPMENT PERMIT NO.95-21 (PETE'S MEXICAN FOOD OUTDOOR DINING PERMIT) APPLICANT: Pete's Mexican Food, c/o Mary Aparicio, 213-5th Street, Huntington Beach, CA 92648 PROPERTY OWNER: Max E. Groussman, 421 Rolling Hills Pl., Anaheim, CA 92807 REQUEST: Revocation of Conditional Use Permit No. 95-32 and Coastal Development Permit No. 95-21 for the outdoor dining permit for Pete's Mexican Food for failure to comply with the conditions of approval. LOCATION: 213-5th Street (Pete's Mexican Food) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, stated the request for Revocation of Conditional Use Permit No. 95-32 and Coastal Development No. 95-21 had been continued from the February 4, 1998 meeting to allow the applicant an opportunity to comply with the conditions of approval. Staff stated that all necessary documentation had been submitted and all conditions of approval complied with. Staff is recommending withdrawal of the request for revocation. THE PUBLIC HEARING WAS OPENED. Mary Aparicio, 213 51h Street, applicant, stated that she concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. THE ZONING ADMINISTRATOR WITHDREW REVOCATION OF CONDITIONAL USE PERMIT NO.95-32 AND COASTAL DEVELOPMENT NO.95-21. ITEM 2: REVOCATION OF CONDITIONAL USE PERMIT NO.95-41/ COASTAL DEVELOPMENT PERMIT NO. 95-15 (LUIGI'S RESTAURANT OUTDOOR DINING) APPLICANT: Ghassan Dahabreh, 221 Main Street, Suite B, Huntington Beach, CA 92648 PROPERTY OWNER: Ben Trainer, 2364-3`d Street, San Francisco, CA 94107 REQUEST: Revocation of Conditional Use Permit No. 95-51 for the outdoor dining permit for Luigi's Restaurant for failure to comply with the conditions of approval. LOCATION: 221 Main Street, Suite B (Luigi's Restaurant) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, stated the request for Revocation of Conditional Use Permit No. 95-51 had been continued from the February 4, 1998 meeting to allow the applicant an opportunity to comply with the conditions of approval. Staff stated that all necessary documentation had been submitted and all conditions of approval complied with. Staff is recommending withdrawal of the request for revocation. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. THE ZONING ADMINISTRATOR WITHDREW REVOCATION OF CONDITIONAL USE PERMIT NO.95-51. ITEM 3• COASTAL DEVELOPMENT PERMIT NO.97-19 (LLOVIO RESIDENCE) APPLICANT Ali Davasligil, 14122 Sawston Circle, Westminster, CA 92683 PROPERTY OWNER: Mr. & Mrs. Sergio Llovio, 3282 Devon Circle, Huntington Beach, CA 92649 REQUEST: To permit demolition of an existing residence and construction of a new 4,210 square foot two-story single family residence with a 650 square foot attached garage. LOCATION: 16751 Bolero Lane PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed photographs and site plan stating the request is to permit demolition of an existing residence and construction of a new 4,210 square foot two (2) story single family residence with a 650 square foot attached garage. The subject site is located at 16751 Bolero Lane. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as it will replace an existing residence and will not impact public views or access. The proposed development will also conform with all applicable City codes, including parking ,site coverage and setbacks. Herb Fauland, Zoning Administrator, asked staff is the applicant had submitted the request to the homeowners association for review and approval. Staff stated that the applicant had submitted the request to the Huntington Harbour Homeowners Association and the Architectural Review Committee and had a letter on file confirming their approval. ZA Minutes — 2/18/98 (98=0218) THE PUBLIC HEARING WAS OPENED. Sergio Llovio, 3282 Devon Circle, property owner, concurred with staffs report and recommendation. Jim Andrews, Huntington Harbour Architectural Review Committee, stated the Committee had reviewed and approved the proposed request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO.97-19 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. 97-19: 1. Coastal Development Permit No. 97-19 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 residence will replace an existing residence and will not impact public views or access. 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 proposed development will conform with all applicable City codes, including use, parking, site coverage and setbacks. 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 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 by the new construction. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-19: 1. The site plan, floor plans and elevations received and dated January 12, 1998, shall be the conceptually approved layout with the following modifications: a. Site coverage shall not exceed a maximum of 50 percent. b. Elevations shall depict colors and building materials proposed. c. 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. ZA Minutes — 2/18/98 3 (98zm0218) 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. The following Fire Department requirements shall be noted on the building plans: (FD) 1) Address numbers will be installed to comply with City Specification #428. Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. 2) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification #422 and #431 for the abandonment of oil wells and site restoration. 3) The project will comply with all provisions of the Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction within the methane gas overlay districts. c. 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) d. 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. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. 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. c. A grading plan, prepared by a registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) ZA Minutes — 2/18/98 4 (98=0218) 1 4. During construction, the applicant shall: I 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 the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including landscaping. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. 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. 6. All proposed improvements within the public waterways (dock and ramp) shall require separate permits. 7. All proposed cantilevered deck improvements require separate 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 97-19 shall not become effective until the ten day appeal period has elapsed. 1. Coastal Development Permit No. 97-19 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. ZA Minutes — 2/18/98 5 (98zm0218) 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97- 19, 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. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (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. THE MEETING WAS ADJOURNED AT 1:47 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 25,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 2/18/98 6 (98=0218)