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Home My WebLink About1998-09-09 (7)MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 9, 1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Ricky Ramos, Victor Van Zandt, Joseph Thompson, Peter Vanek MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO.98-113/CONDITIONAL USE PERMIT NO.98-21/ NEGATIVE DECLARATION NO.98-3 (PICOZZI INDUSTRIAL BUILDINGS) (CONTINUED FROM THE AUGUST 19, 1998 MEETING) APPLICANT: Burke Real Estate Group, 1805 E. Garry Avenue, #100, Santa Ana, CA 92705 PROPERTY OWNER: Parkview, Edward M. Picozzi, 31480 Nicolas Road, Temecula, CA 92591 REQUEST: To develop eight (8) industrial buildings ranging in size from 5,230 square feet to 6,504 square feet, totaling 49,236 square feet on two (2) adjacent lots with a combined land area of 2.85 acres. LOCATION: 18241 and 18251 Gothard Street (west side of Gothard Street between Talbert and Ellis Avenues) PROJECT PLANNER: Joseph Thompson Joe Thompson, Staff Planner, stated that staff is requesting continuance of this item to the September 23, 1999 meeting to allow the Fire Department additional time to complete studies regarding methane levels. The Fire Department is working with the county on an extraction system, but timing for that system won't be available until the middle of the month; therefore, a continuance is requested. Herb Fauland, Zoning Administrator, asked staff if the applicant has been made aware of the concerns of the Fire Department and the request for continuance. Staff stated that the applicant has been notified and is in concurrence with the continuance. TENTATIVE PARCEL MAP NO.98-113, CONDITIONAL USE PERMIT NO.98- 21 AND NEGATIVE DECLARATION NO.98-3 WERE CONTINUED BY THE ZONING ADMINISTRATOR TO THE SEPTEMBER 23, 1998 MEETING WITH PUBLIC HEARING OPENED. ITEM 2: CONDITIONAL USE PERMIT NO.97-67/COASTAL DEVELOPMENT PERMIT NO.98-10/TENTATIVE PARCEL MAP NO.98-114/VARIANCE NO.98-7 APPLICANT/ PROPERTY OWNER: James Caviola Jr., 1008 Ocean Avenue, #4, Seal Beach, CA 90740 REQUEST: 1) To convert an existing 3-unit apartment complex into condominiums; 2) A one -lot parcel map; 3) A variance to reduce required parking by one (1) space which would maintain the preexisting nonconforming parking for the development (nine (9) parking spaces are required and eight (8) parking spaces are existing). LOCATION: 16672 Pacific Coast Highway (north side, west of 16th Street) PROJECT PLANNER: Ricky Ramos COASTAL STATUS: APPEALABLE Ricky Ramos, Staff Planner, displayed a site plan stating that the existing apartment complex was built in 1991. The applicant is requesting a conversion from an apartment complex to condominiums, a one (1) lot parcel map and a one (1) space parking reduction. Staff is recommending approval of the proposed request as the proposed condominium conversion is consistent with the General Plan Land Use designation of Residential Medium Density. It is also consistent with the goals and policies of the General Plan. THE PUBLIC HEARING WAS OPENED. Todd Schooler, 359 San Miguel Drive, #304, Newport Beach, architect for the project, stated that he is concerned with the affordable housing condition. Mr. Schooler stated that they currently have three (3) luxury apartments that are designed as attached condominiums. These homes are approximately 2,000 square feet, get very high rents and does not see how it would be feasible to make one of these three (3) units into an affordable unit. This requirement would make the project infeasible. Jim Caviola, 1008 Ocean Avenue #4, Seal Beach, applicant, stated that the affordable housing requirement would make his project completely unfeasible. Rich Ludlow, 16696 Intrepid Lane, spoke in support of the request. ZA Minutes — 9/9/98 2 (98ZM0909) Staff stated that the condition is based on city policy and is the same condition that has been applied to residential projects throughout the city. The staff and applicant discussed the conditions of the affordable housing requirement. Herb Fauland, Zoning Administrator asked staff if discussion has occurred with the applicant about providing affordable housing off -site. Staff stated they have not discussed it and are not aware if it is allowed. Mr. Fauland stated to the applicant that he can not waive the affordable housing requirement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland, stated that the city, in the past, has allowed affordable housing requirements to be met off -site. Mr. Fauland stated that the city staff has not reviewed how the affordable housing condition would impact the project financially and is concerned that the applicant was only recently notified of the condition. Mr. Fauland stated that he would like the applicant to work with staff to determine if the condition is feasible or if the unit could be located off -site. He asked the applicant if he would be amenable to a continuance. The applicant stated that he would. CONDITIONAL USE PERMIT NO.97-67, COASTAL DEVELOPMENT PERMIT NO.98-10, TENTATIVE PARCEL MAP NO.98-114 AND VARIANCE NO.98-7 WERE CONTINUED BY THE ZONING ADMINISTRATOR TO THE SEPTEMBER 30, 1998 MEEETING. ITEM 3: CONDITIONAL USE PERMIT NO.98-66 AND ENTITLEMENT PLAN AMENDMENT NO.98-7 APPLICANT: Silvestre San Miguel, 7701 Fir Drive #B, Huntington Beach, CA 92642 PROPERTY OWNER: Huntington Beach Union High School District, 10251 Yorktown Avenue, Huntington Beach, CA 92646 REQUEST: To operate a hot dog cart at the Home Depot store which includes modifying condition of approval #13 of CUP 96-55 to permit one mobile vendor cart LOCATION: 17100 Warner Avenue (southwest corner of Warner Avenue and Goldenwest Street) PROJECT PLANNER: Victor Van Zandt Victor Van Zandt, Staff Planner, displayed a site plan stating that the request is to permit one (1) mobile vendor cart at the Home Depot store. Staff has received one phone call and a petition in support of the request. The Fire Department has requested that the cart not block the exits, and be incorporated in the conditions of approval. ZA Minutes — 9/9/98 3 (98ZM0909) Staff is recommending approval of the request with findings and conditions of approval as the use will not be detrimental to surrounding uses or persons in the vicinity. Herb Fauland, Zoning Administrator, stated that the request was subject to the property owner's written concurrence because of a prior condition of approval on the Home Depot property. He asked staff if they have the written concurrence. Staff stated that they do. Mr. Fauland stated that he had received a fax from Joann Pegler who supports the use. THE PUBLIC HEARING WAS OPENED. Richard Ludlow, 16696 Intrepid Lane, spoke in support of the request. Thomas Kitchens, 17311 Wild Rose, spoke in support of the request. Charles Custer, 8966 Tulare Drive, #402C, spoke in support of the request. Joan Custer, 8766 Tulare Drive, #402C, spoke in support of the request. Jimmy San Miguel, 7701 Fire Drive, Apartment B, representing the applicant, thanked the previous speakers for their support and the city staff and school district. He stated that they concur with staff s recommendation and conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.98-66 AND ENTITLEMENT PLAN AMENDMENT NO.98-7 WERE 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.98-66 AND ENTITLEMENT PLAN AMENDMENT NO 98-7: 1. Conditional Use Permit No. 98-66 and Entitlement Plan Amendment No 98-7 for the establishment, maintenance and operation of one mobile vendor cart 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 location of the mobile vendor cart will not impact pedestrian or vehicular circulation. 1 ZA Minutes — 9/9/98 4 (98ZM0909) 2. The conditional use permit will be compatible with surrounding uses because the location, site layout, and design of the mobile vendor cart adjacent to the Home Depot building properly adapts to streets, driveways, and other adjacent structures. Furthermore, one mobile vendor cart is compatible with the Home Depot store by providing an added service to the customers. 3. The proposed vendor cart 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. 4. The granting of Conditional Use Permit No. 98-66 and Entitlement Plan Amendment No 98-7 will not adversely affect the General Plan. The mobile vendor cart is consistent with the Land Use Element designation of Commercial General (CG) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 10.1.11: Promote the introduction of a diversity of uses in Commercial General centers. b. LU 10.1.12: Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-66 AND ENTITLEMENT PLAN AMENDMENT NO 98-7: The site plan received and dated August 10, 1998 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) b. Service roads and fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) c. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. ZA Minutes — 9/9/98 5 (98ZM0909) d. Hours of operation shall be limited to the hours of operation of the Home Depot, on whose site the vendor cart will be located. Conditional Use Permit 96-55 limits the hours of operation of the Home Depot to 6:00 AM to 10:00 PM Monday through Friday; 7:00 AM to 10:00 PM Saturday; and 8:00 AM to 8:00 PM Sunday. If the hours of the operation of the Home Depot are modified within these parameters, the hours of operation of the use shall match those of the Home Depot. e. No sale of alcoholic beverages shall be allowed. f. Only the uses described in the narrative shall be permitted. g. There shall be no outside display of merchandise in front of the Home Depot store. h. The cart shall be moved and placed inside the building at the close of each day. i. Placement of the cart shall allow a minimum clear passage width of four (4) feet on the sidewalk area. j. No table or chairs shall be permitted outside the building. k. Only one mobile vending cart shall be permitted at the subject site. 1. The use shall comply with all County Health Department requirements and provide a copy of certification if applicable. m. The cart and surrounding grounds where the cart is placed shall be cleaned daily. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 98-66 and Entitlement Plan Amendment No 98-7 shall not become effective until the ten day appeal period has elapsed. ZA Minutes — 9/9/98 6 (98ZM0909) 2. Conditional Use Permit No. 98-66 and Entitlement Plan Amendment No 98-7 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. Conditional Use Permit No. 98-66 shall be valid until June 30, 1999, as specified by the property owner. At such time, if no violations of the conditions of approval are noted and the property owner provides written consent to allow the one mobile vendor cart for an indefinite period of time, the Zoning Administrator may approve the Conditional Use Permit administratively for an indefinite period of time. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-66 and Entitlement Plan Amendment No 98-7, 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. 5. 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. 6. 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. 7. 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 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 16,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 9/9/98 7 (98ZM0909)