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HomeMy WebLinkAbout1998-03-11�J MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 11, 1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-104 (SHETH RETAINING WALL/FENCE) APPLICANT/ PROPERTY OWNER: Vijay Sheth, 4172 Windsor Drive, Huntington Beach, CA 92649 REQUEST: To allow an eight (8) foot retaining wall and a five (5) foot fence on top of the wall at the rear of the property. LOCATION: 4172 Windsor Drive (southwest of the intersection of Davenport and Saybrook) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, stated the request is to allow an eight (8) foot retaining wall and a five (5) foot fence on top of the retaining wall at the rear of the property at 4172 Windsor Drive. Staff is recommending approval of the proposed request. The wall and fence have been issued a building permit by the city in error and constructed in accordance with that permit. Because the wall was constructed in error, staff has been working with the applicant in an attempt to re- design the wall to eliminate the sheer height and blank appearance. The wall will be landscaped to soften the appearance from street level. In addition, it will be in conformance with the Zoning and Subdivision Ordinance with the approval of the conditional use permit and it is consistent with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Vijay Sheth, 4172 Windsor Drive, applicant, stated that he 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. CONDITIONAL USE PERMIT NO.97-104 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.97-104: 1. Conditional Use Permit No. 97-104 for establishment and maintenance of the retaining wall and fence 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 in that the wall and fence will not adversely impact public views as conditioned. The wall and fence have been issued a building permit by the city and constructed in accordance with that permit. 2. The retaining wall and fence will be compatible with surrounding uses because there are other walls and fences of similar design and height in similar locations on adjacent properties in the area. The wall will be landscaped to soften the appearance from street level. 3. The retaining wall and fence 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 structure will be in conformance with the Zoning and Subdivision Ordinance with the approval of the 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 Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that non residential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures (LU 9.3.3). .n b. Ensure that structures and sites are designed and constructed to, maintain their long term quality (LU 4.2). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-104: 1. The site plan, floor plans, and elevations received and dated December 31, 1997 shall be the conceptually approved layout. 2. The retaining wall shall be landscaped utilizing a "Creeping Fig", "Boston Ivy" or other similar planting that will provide full coverage of the wall within a reasonable maturity time. The property owner shall be responsible for irrigation and maintenance of the landscaping. In the event the planting of the wall at the bottom portion is unsuccessful, the property owner shall plant a "Star Jasmine", "Lantana" or other similar plantings at the top of the wall to grow down over the wall to provide full coverage within a reasonable maturity time. All landscaping shall be installed within 60 days of approval of the Conditional Use Permit. 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 — 3/11/98 2 (98zm0311) N INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-104 shall not become effective until the 10 day appeal period has elapsed. 2. Conditional Use Permit 97-104 shall null and void unless the property owner installs the required landscaping within 60 days of the approval of this Conditional Use Permit. The Conditional Use Permit shall become null and void if the property owner fails to provide landscaping coverage of the wall within 1 year or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Director a minimum of 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit 97-104, 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. ITEM 2: CONDITIONAL USE PERMIT NO.98-5 (MOBIL BEER AND WINE SALES) APPLICANT: Alcoholic Beverage Consulting, Anne Fox, 28782 Via Buena Vista, San Juan Capistrano, CA 92675 PROPERTY OWNER: Mobil Oil Corporation, 3700 West 190th Street, Torrance, CA 90509 REQUEST: To amend Conditional Use Permit No. 88-12 to allow the sale of beer and wine (Type 20 ABC License for off -site consumption) in conjunction with an existing service station/mini-mart. LOCATION: 17222 Pacific Coast Highway (east side, north of Warner Avenue) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, stated the request is to amend Conditional Use Permit No. 88-12 to allow the sale of beer and wine (Type 20 ABC License for off -site consumption) in conjunction with an existing service station/mini-mart at 17222 Pacific Coast Highway. Staff is recommending approval of the proposed request as the convenience store is located within an existing commercial area and will be ancillary to the sale of convenience items and gas. The use is buffered from the nearest residential use to the northwest by approximately 250 :Peet. THE PUBLIC HEARING WAS OPENED. Anne Fox, 28782 Via Buena Vista, representing applicant, concurred with staffs report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes — 3/11/98 3 (98=0311) CONDITIONAL USE PERMIT NO. 98-5 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.98-5: 1. Conditional Use Permit No. 98-5 for the establishment, maintenance and operation of the alcohol sales for off -site consumption 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 in that the convenience store is located within an existing commercial area and will be ancillary to the sale of convenience items and gas. 2. The conditional use permit will be compatible with surrounding uses because the gas station with proposed alcohol sales is located within a commercial area and is surrounded by existing retail uses. It is also buffered from the nearest residential use to the northwest by approximately 250 feet. 3. The proposed sale of alcohol in conjunction with an existing gas station 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 conditions required for the proposed use in the district in which it would be located, as allowed by approval of the 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 Commercial General on the subject property which permits alcohol sales in conjunction with fuel sales. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-5: 1. The site plan, floor plans, and elevations received and dated January 26, 1998 shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Community Development for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 3. The use shall comply with the following: a. No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street. b. There shall be no loitering or consumption of alcoholic beverages permitted on the premises. c. No video games shall be permitted on the premises. d. The windows shall be kept clear of signs and advertising. ZA Minutes — 3/11/98 4 (98=0311) e. The area devoted to sale and display of alcoholic beverages shall not exceed 20% of the total floor area of the building. 4. 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.98-5 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit 98-5 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 98-5 , 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. 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. THE MEETING WAS ADJOURNED AT 2:21 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 18,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 3/11/98 5 (98zm0311)