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Home My WebLink About1998-06-17MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 17,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Peter Vanek, Kim Langel (recording secretary) MINUTES: September 24, October 1, October 8, and October 15, 1997 minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.98-22 (HUN RESIDENCES) (CONTINUED FROM THE JUNE 17,1998 MEETING) APPLICANT: The Louie Group, 20902 Brookhurst Street, #201, Huntington Beach, CA 92646 PROPERTY OWNER: Than Long Hun, PO Box 188, Huntington Beach, CA 92648 REQUEST: To construct two (2) new three-story single family homes. LOCATION: 306 & 308-9th Street (between Olive and Orange Avenues) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, stated that staff is recommending continuation of the request to the July 1, 1998 meeting to allow staff to correct the location address and re -advertise the proposed request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. CONDITIONAL USE PERMIT NO.98-22 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE JULY 1,1998 MEETING WITH PUBLIC HEARING OPENED. ITEM 2: CONDITIONAL USE PERMIT NO. 98-14 (NEXTEL MONOPOLE) APPLICANT: Nextel Communications, Inc., 17275 Derian Avenue, Irvine, CA 92614 PROPERTY OWNER: Bernate Family Trust, c/o TSC Commercial Properties, 2808 E. Katella Avenue, #102, Orange, CA 92867 REQUEST: To permit a 50 foot high wireless communication facility. LOCATION: 9952 Hamilton (southwest of the intersection of Hamilton and, Brookhurst) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed a site plan and elevations stating that the request had been reviewed and approved by the Design Review Board with the recommendation that the monopole be disguised as a palm tree to blend into the surrounding area. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as recommended by the Design Review Board because the monopole will be located centrally within an existing commercial center, as designed will minimize visual impacts from adjacent properties and will not generate noise, traffic or other impacts which would be detrimental to surrounding commercial and residential uses. Herb Fauland, Zoning Administrator, asked staff if there would be sufficient parking to accommodate the proposed the existing use because the pole and equipment will occupy an existing parking space. Staff stated that a study had been done that shows there will be sufficient parking spaces. Mr. Fauland stated that he was concerned with approving the request without seeing a visual of it first. He stated he would have liked to see the visuals presented to the Design Review Board before making a decision. He also asked staff about the maintenance and life expectancy of the proposed request. Staff stated that the applicant was present and could answer the questions regarding maintenance and life expectancy. THE PUBLIC HEARING WAS OPENED. Barbara Saito, 17275 Derian, Irvine, representing applicant, stated that life expectancy of the artificial palm tree is 30 years and the applicant will be responsible for the maintenance. She also stated that the proposed use will be setback as far from the street as possible to avoid visual impacts. Herb Fauland, Zoning Administrator, asked Ms. Saito why Nextel, the applicant, did not use the state of the art, slim line equipment. Ms. Saito stated that it was a matter of FCC licensing. Nextel is not licensed to do the slim line, they must use eight (8) foot high antennas. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that he was concerned he did not have a visual image of the artificial palm tree, but would rely on staff s and Design Review Board's recommendation. He stated he would be adding a condition to establish a maintenance schedule for the artificial palm tree and revise the date of the plans received by staff. ZA Minutes — 6/17/98 2 (98ZM0617) I 1 CONDITIONAL USE PERMIT NO.98-14 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.98-14: 1. Conditional Use Permit No. 98-14 for the establishment, maintenance and operation of a wireless communication facility consisting of a 50 foot high monopole with up to fifteen panel antennas 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 monopole will be located centrally within an existing commercial center, minimizing visual impacts from adjacent properties. The wireless communication facility will not generate noise, traffic or other impacts which would be detrimental to surrounding commercial and residential uses. 2. The conditional use permit will be compatible with the surrounding commercial, office and residential uses. The proposed monopole will be setback substantially from the limits of the site and as modified, will be disguised as a palm tree, blending into the surroundings. 3. The proposed wireless communication facility 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. In addition, the operation of the wireless communication facility will provide enhanced, reliable mobile communication to the area. 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.98-14: 1. The site plan and elevations received and dated June 15, 1998 shall be the conceptually approved layout. 2. 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). 3. Prior to issuance of building permits, structural plans and details shall be submitted to the Building Division for plan check and approval. 4. The facility shall be maintained so as to remain consistent with the original appearance of the facility. This shall include but not be limited to, periodic painting of the facility, removal of graffiti and repair of vandalism. ZA Minutes — 6/17/98 (98ZM0617) 5. 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 No. 98-14 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-14 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. 98-14, 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 1,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 6/17/98 4 (98ZM0617)