HomeMy WebLinkAbout1998-05-06MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, MAY 6, 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: TENTATIVE PARCEL MAP NO.98-111 (AHDOUT MERGER) (CONTINUED
FROM THE APRIL 29,1998 MEETING)
APPLICANT: Saeed Ahdout, 17752 Skypark Circle, Suite 260, Irvine, CA 92614
PROPERTY OWNER: Aziz Ahdout and Nemat Shakibkhou, 21052 Leasure Lane, Huntington
Beach, CA 92646
REQUEST: To merge two lots into one lot of record at 17222 Beach Blvd. relating
to Conditional Use Permit No. 96-102
LOCATION: 17222 Beach Blvd., Huntington Beach, CA 92649, (south of Blaylock
Place, on the east side of Beach Blvd.)
PROJECT PLANNER: Bob Goldin
Bob Goldin, Staff Planner, displayed the tentative parcel map and photographs stating that the
map is being revised as a condition of approval for Conditional Use Permit No. 96-102.
Staff is recommending approval of the proposed request as the proposed subdivision is consistent
with the General Plan Land Use Element designation of Commercial on the subject property, and
other applicable provisions of the code. The site is also physically suitable for the type and
density of development.
THE PUBLIC HEARING WAS OPENED.
Cornelia Rasco, 17211 Granada Lane, stated concern that the fence adjacent to the residential
area is in poor shape and only five (5) feet in height. She would like the fence repaired and
raised to eight (8) feet in height.
Victor Rasco, 17211 Granada Lane, stated concern that the new use will create added pressure
on the water pipes and cause a problem to the residents.
Herb Fauland, Zoning Administrator, addressed the concerns regarding the fence and the water
line for the proposed project. He indicted that all infrastructure requirements would be reviewed
by Public Works Department..
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
TENTATIVE PARCEL MAP NO.98-11 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 - TENTATIVE PARCEL MAP NO.98-111:
1. Tentative Parcel Map No. 98-111 for a commercial subdivision is consistent with the General
Plan Land Use Element designation of Commercial on the subject property, and other
applicable provisions of this Code. The subdivision will allow for future commercial
development. With the conditions imposed, the parcel map will comply with the provisions
of the Huntington Beach ZSO.
2. The site is physically suitable for the type and density of development. The lot being created
is generally flat and suitable for construction of commercial development. The size, depth
and frontage of the lot is in compliance with City standards.
3. The design of the commercial subdivision will not cause serious health problems or
substantial environmental damage or substantially and avoidably injure fish or wildlife or
their habitat. The project site does not support any fish or wildlife. The subdivision will not
have a significant impact on the surrounding area.
4. The design of the commercial subdivision 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.98-111:
1. The tentative map received and dated April 29, 1998, shall be the approved layout
subject, with the following modifications which shall be reflected on the final map prior
to submittal for approval by the City Council:
a. The Parcel Map boundary shall be shown as a double width solid line.
b. Utility lines, such as water, sewer, storm drain etc. shall be shown as heavy dashed
lines and labeled as to the intended use, whether existing or proposed and whether to
remain or be removed.
c. Existing lot lines shall be shown as a light solid line.
d. Show sidewalk width.
e. Show the proposed use and zoning designation for each parcel.
f. The name of the sewer, water, rubbish, cable TV, electrical and telephone supplier
shall be shown.
ZA Minutes — 516198 2 (98ZM0506)
3. The following conditions shall be completed prior to recordation of the final map unless
otherwise stated:
a. Fire hydrant locations shall be approved by the Fire Department. (FD)
b. The engineer or surveyor preparing the final 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. (PW)
c. All vehicular access rights of Beach Blvd. shall be released and relinquished to the
City of Huntington Beach except at locations approved by the Zoning Administrator.
(PW)
4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works
Department at the time of recordation. (PW)
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL
MAP NO.98-111:
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Tentative Parcel Map No. 98-111 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.
3. 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: VARIANCE NO.98-8 (PANDA RESTAURANT)
APPLICANT: Panda Management Company, 899 El Centro Street, South Pasadena,
CA 91030
PROPERTY OWNER: Hoyle Schweitzer, c/o AMC Property Management Company, 1600
Dove Street, #140, Newport Beach, CA 92660
REQUEST: To establish a thirteen (13) foot setback in lieu of twenty-five (25) feet
for an architectural feature. A previous approval established a
seventeen (17) foot setback for an outdoor patio.
LOCATION: 18575 Beach Blvd. Huntington Beach, CA 92649 (west side of Beach
Blvd., south of Main Street)
PROJECT PLANNER: Bob Goldin
Bob Goldin, Staff Planner, displayed site plans and photographs stating that the request is for the
remodel of an existing restaurant. The Design Review Board has reviewed and approved the
request with conditions of approval to include revising the front property line setback to a
minimum of 15 feet.
ZA Minutes — 5/6/98 3 (98ZM0506)
Staff is recommending approval of the proposed request as the variance request will not
constitute a grant of special privilege inconsistent with limitations upon other properties in the
vicinity and under identical zone classification. The existing commercial structure is located
within an irregularly shaped lot and the granting of a variance is necessary to preserve the
enjoyment of one or more substantial property rights.
Herb Fauland, Zoning Administrator, stated that he had visited the site and agreed with staff and
the Design Review Board in regards to the 15 foot front property line setback.
THE PUBLIC HEARING WAS OPENED.
Nicholas Pyle, 899 El Centro Boulevard, So. Pasadena, representing applicant, stated 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.
VARIANCE NO.98-8 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 - VARIANCE NO.98-8:
1. The granting of Variance No. 98-8 to allow a fifteen (15) foot setback from Beach Blvd. for
the proposed architectural feature that is part of the proposed Panda Restaurant will not
constitute a grant of special privilege inconsistent with limitations upon other properties in
the vicinity and under an identical zone classification. Variances for reduced setbacks have
been granted throughout the City for similarly zoned properties and uses.
2. Because of special circumstances applicable to the subject property, including size, shape,
location or surroundings, the strict application of the zoning ordinance is found to deprive the
subject property of privileges enjoyed by other properties in the vicinity and under identical
zone classification. The existing commercial structure is located within an irregularly shaped
lot bisected by a gas station and two major streets on either side. The encroachment of the
proposed architectural feature into the existing front yard setback area is minor and does not
extend beyond the existing customer parking adjacent to Beach Blvd.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The existing building was constructed 25 feet from the front property line
and a previously approved variance was granted to allow an outdoor patio area 17 feet from
the front property line. The fifteen (15) foot setback proposed by staff for the architectural
feature will not interfere with parking or circulation and does not pose any sight distance
concerns, nor will it impact the maximum site coverage of the site. The location of the
architectural feature toward the front of the site will preserve and enhance the pedestrian
orientation and atmosphere of the restaurant.
ZA Minutes — 5/6/98 4 (98ZM0506)
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The proposed encroachment and
remodel of the restaurant will be architecturally compatible with the rest of the commercial
center and will be compatible with other restaurants and retail uses in the vicinity. The
building was previously used as a restaurant and will continue to be integrated into the Five
Points Shopping Center as a restaurant.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of General Commercial on the subject property because
the encroachment and remodel will preserve and enhance the pedestrian orientation and
atmosphere of the restaurant which is compatible with the goals of the City that promotes
commercial ventures.
6. The proposed restaurant will comply with the development standards and provisions of the
General Commercial land use district, and other applicable provisions with the exception of
the reduced front setback.
CONDITIONS OF APPROVAL - VARIANCE NO.98-8:
1. The site plan, floor plans and elevations received and dated March 27, 1998, shall be the
conceptually approved layout with the following modification:
a. Prior to submittal for building permits, zoning entitlement conditions of approval shall
be printed verbatim on the second page of all the working drawing sets used for
issuance of building permits (architectural, structural, electrical, mechanical and
plumbing).
b. The setback from the front property line along Beach Blvd. shall be a minimum of 15
feet.
2. Prior to submittal of building permits, submit a 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.
3. 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. 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. The
landscape irrigation system shall be designed and constructed to include a separate
water line for the use of reclaimed water subject to Water Department approval. (PW)
(Code Requirement)
ZA Minutes — 5/6/98 5 (98ZM0506)
4. Prior to final building permit inspection and approval, 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.
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.
d. Any removal of landscaping to construct the architectural feature and other related
improvements will require replacement of the disturbed landscaping on a one to one
ratio of like materials and size; and that the new landscaping shall be installed in the
immediate area of the improvements as determined by the Community Development
Department.
5. 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.
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.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Variance No. 98-8 shall not become effective until the ten day appeal period has elapsed.
2. Variance No. 98-8 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.
ZA Minutes — 5/6/98 6 (98ZM0506)
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3. The Zoning Administrator reserves the right to revoke Variance No. 98-8, 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. 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. 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.
7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
8. 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 1:45 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, MAY 13,1998 AT 1:30 PM.
Herb Fauland
Zoning Administrator
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ZA Minutes — 5/6/98 7 (98ZM0506)