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Home My WebLink About1998-05-06MINUTES 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) r� 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 :kjl ZA Minutes — 5/6/98 7 (98ZM0506)