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HomeMy WebLinkAbout1999-01-06MINUTES . HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 6, 1999 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joe Thompson, Wendy Bounds, Victor Van Zandt, Ricky Ramos, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO. 98-229 (KUO SUBDIVISION APPLICANT/ PROPERTY OWNER: Chengsan B. Kuo, 216 Crest Avenue, Huntington Beach, CA 92648 REQUEST: To consolidate ten (10) lots into four (4) parcels. LOCATION: 216 Crest Avenue (northwest corner of Lake Street and Crest Avenue) • PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that no negative comments were received from the public or from departments within the City. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Herb Fauland, Zoning Administrator, and staff discussed the zoning as related to the different parcels, landscaping, right-of-way improvements, and street improvements. THE PUBLIC HEARING WAS OPENED. A member from the public, 201 Crest Avenue, neighboring property owner, discussed the zoning on his property, asked why his property was re -zoned without notification, and reviewed the project plans. Stephen Holden, 949 loth Street, neighboring property owner, addressed the landscaping and expressed concern that the six Eucalyptus trees would be removed. Quinten Sharp, 936 10th Street, neighboring property owner, asked what improvements would be done . concerning the alley and power lines and complained about the current conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. . Mr. Fauland confirmed with the applicant that he has reviewed and concurs with the suggested conditions of approval. TENTATIVE PARCEL MAP NO. 98-229 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 PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15315 of the CEQA Guidelines because the project is a minor subdivision creating four (4) parcels. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 98-229 1. Tentative Parcel Map No. 98-229 for the consolidation often (10) lots into four (4) parcels is consistent with the General Plan Land Use Element designation of Residential Medium High Density on the subject property. The tentative map creates lots in larger in width and area than the minimum size required by this land use designation. • 2. The site is physically suitable for the type and density of development. The site is flat and appropriate for construction of single family dwellings at a density of one unit per parcel. The site is located in an area primarily developed with single family dwellings. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision considers the location of the existing buildings and will provide adequate space between structures for maximum light and ventilation. The project site does not support any fish or wildlife. 4. The design of the subdivision or the type of improvements 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. Property dedication along the rear of the subdivision will increase alley width and improve access. The proposed subdivision will not affect any other existing easements. • ZA Minutes 01/06/99 2 (99=0106) • CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.98-229 1. The tentative parcel map received and dated November 20, 1998 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. 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. b. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map 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. 3. Following the recordation of the parcel map, a mylar and print of the recorded parcel map shall be provided to the Public Works Department. (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS: . 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 11 2. Park and Recreation Fees shall be paid prior the approval of the final map by the City Engineer. 3. Tentative Parcel Map No. 98-229 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 Department a minimum 30 days prior to the expiration date. 4. 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 Planning Department within two (2) days of the Zoning Administrator's action. ZA Minutes 01/06/99 3 (99=0106) ITEM 2: CONDITIONAL USE PERMIT NO.98-81 (GOTHARD WALL RELOCATION) • APPLICANT: City of Huntington Beach, Department of Public Works, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Ora Beth Scott, Linda Stadel as Trustees, 2982 Country Club Drive, Costa Mesa, CA 92626 REQUEST: Relocate an existing six (6) foot high slump stone wall to four (4) feet from the new front property line. The proposal includes a four (4) foot wide landscaped area to be installed along the wall. LOCATION: 18941 Gothard Street (east side, south of Garfield) PROJECT PLANNER: Wendy Bounds Wendy Bounds, Staff Planner, stated that a continuance is being requested to the January 27, 1999 meeting due to an incorrect address notification. Herb Fauland, Zoning Administrator, asked staff what the correct address is, and staffs response was 19100 Gothard Street. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-81 WAS CONTINUED TO THE JANUARY 27,1999 • MEETING. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 98-29/CONDITIONAL USE PERMIT NO. 98-86 (CALDWELL RESIDENCE) APPLICANT/ PROPERTY OWNER: Harbour Bay Homes, LLC, c/o Jim Caldwell, 16731 Greenview Lane, Huntington Beach, CA 92649 REQUEST: To construct a new 34 foot high, 4,680 square foot two (2) story single family residence on a existing vacant lot. LOCATION: 16252 Tisbury Circle (north side, northwest of Mistral Drive) PROJECT PLANNER: Wendy Bounds Wendy Bounds, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Herb Fauland, Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification and that approval has been received from the Huntington Harbour Architectural Committee. • ZA Minutes 01/06/99 4 (99zm0106) • THE PUBLIC HEARING WAS OPENED. Louie Hernandez, 20902 Brookhurst Street, applicant, stated that he was present to answer any questions. Mr. Fauland confirmed with the applicant that they have reviewed and concur with the suggested conditions of approval. Mr. Fauland asked staff to delete the following: 1. Conditions Lc, 4.c, 51, and 8. 2. Specific Code Requirements number 4 Mr. Fauland asked staff to modify the specific code requirements as follows: 1. Coastal Development Permit 98-29 and Conditional Use Permit 98-86 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit 98-29 and Conditional Use Permit 98-86 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit 98-29 and Conditional Use Permit 98-86, 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. Jim Andrews, Huntington Harbour Architectural Committee, stated that he was present. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 98-29/CONDITIONAL USE PERMIT NO.98-86 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303, Class 3 of the CEQA Guidelines. The project consists of the construction of one single-family residence not in conjunction with the building of two or more such units. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-29: • 1. Coastal Development Permit No. 98-29 for the construction of a detached two (2) story single family dwelling unit, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. ZA Minutes 01/06/99 5 (99=0106) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development will conform with all applicable development standards such as building height, lot coverage, setbacks, and parking requirements. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure currently exists at the site. 4. The proposed single family residence conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access currently exists at the site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.98-86: Conditional Use Permit No. 98-86 for the establishment, maintenance and operation of the detached two (2) story single family dwelling unit 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 residential development is designed to integrate with the existing neighborhood and the site is physically suitable for single family residential development. 2. The new two story single family residence will be compatible with surrounding residential uses. There are several homes in the immediate vicinity that are multi -story. The colors and materials proposed for the new residence are compatible with those of the adjacent residences and surrounding properties. • 3. The proposed single family residence 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 meets the minimum setbacks, provides sufficient off-street parking and meets all other aspects of the Zoning and Subdivision Ordinance as conditioned. 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 Residential Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that single family residential units be designed to convey a high level of quality and character. (LU 9.1.2) b. Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. (LU 9.2.1) 11 ZA Minutes 01/06/99 6 (99zm0106) • CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-29/ CONDITIONAL USE PERMIT NO. 98-86: 1. The site plan, floor plans and elevations received and dated December 2, 1998 shall be the conceptually approved layout with the following modifications: a. All proposed second story decks shall be revised to encroach a maximum of 3' into the required rear yard setback. b. Elevations shall depict colors and building materials proposed. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. 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. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. Blockwall/fencing plans shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 4. Prior to issuance of building permits, the following shall be completed: a. Submit 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 Planning Department. b. A Landscape Construction Set must be submitted to the Department of Public Works and • approved by the Departments of Public Works and Planning. 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, ZA Minutes 01/06/99 7 (99=0106) 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. • 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. Prior to final building permit inspection and approval, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. b. 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. • 7. All proposed cantilevered decks, docks, and ramp require separate permits for the improvements. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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 REOUIREMENTS: 1. Coastal Development Permit 98-29 and Conditional Use Permit 98-86 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit 98-29 and Conditional Use Permit 98-86 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit 98-29 and Conditional Use Permit 98-86, 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. ZA Minutes 01/06/99 8 (99=0106) 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. State mandated school impact fees shall be paid prior to issuance of buidling permits. 6. Water service and meter shall be sized as per the Uniform Plumbing Code. A backflow device shall be installed for the water services. (PW) 7. Applicant shall obtain a permit to construct the dock from the State Land Commission and the Coastal Commission. 8. The development shall comply with all applicable provisions of the Municipal Code, Department of Building, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. 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 Counter of Orange and submitted to the Department of Planning within two (2) days of the Zoning Administrator's action. ITEM 4: COASTAL DEVELOPMENT PERMIT NO. 98-30 (HARBOUR BAY HOMES ADDITION) • APPLICANT The Louie Group, Louie Hernandez, 20902 Brookhurst Street, #201, Huntington Beach, CA 92646 PROPERTY OWNER: Harbour Bay Homes, LLC, 16731 Greenview Lane, Huntington Beach, CA 92649 REQUEST: To remodel an existing single family residence and construct a 1,683 square foot first and second story addition for a total habitable space of 4,231 square feet. LOCATION: 16975 Edgewater Lane (west side, west of Waverly) PROJECT PLANNER: Victor Van Zandt Victor Van Zandt, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the proposed project complies with the General Plan as well as with the Zoning Code. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Herb Fauland, Zoning Administrator, and staff discussed the proposed colors. THE PUBLIC HEARING WAS OPENED. Jim Andrews, Huntington Harbour Architectural Committee, stated that they have reviewed and approve the proposed plans. ZA Minutes 01/06/99 9 (99zm0106) Mr. Fauland confirmed with the applicant that they concur with the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 98-30 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) WORKING DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-30: 1. The remodeling of and 1,683 sq. ft. two story addition to the existing two story single family residence, as proposed, conforms with the General Plan, including the Local Coastal Program. Public access to coastal resources and public views of coastal resources currently do not exist at the proposed project site, therefore, no public access or public views of coastal resources will be affected by the proposed project. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code, including site coverage, setbacks, and parking requirements. 3. At the time of occupancy the proposed development can be provided with infrastructure in a • manner that is consistent with the Local Coastal Program. All infrastructure currently exists on this site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities shall be affected by the proposed addition. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-30: 1. The site plan, floor plans, and elevations received and dated December 17, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: • a. Obtain a permit for the drive approach from Public Works. (PW) ZA Minutes 01/06/99 10 (99zm0106) 4. Prior to final building permit inspection and approval, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. b. 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. 5. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 6. All proposed cantilevered deck improvements require separate permits. 7. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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 REOUIREMENTS: • 1. Coastal Development Permit No. 98-30 shall not become effective until the ten day California Coastal Commission appeal period has elapsed. 2. Coastal Development Permit No. 98-30 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 Planning a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 98-30, 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 5. The development shall comply with all applicable provisions of the Municipal Code, Department of Building, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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 ZA Minutes 01/06/99 11 (99zm0106) County of Orange and submitted to the Department of Planning within two (2) days of the Zoning Administrator's action. ITEM 5: CONDITIONAL USE PERMIT NO. 98-46/COASTAL DEVELOPMENT PERMIT NO.98-15 (OCEANVIEW WALL) APPLICANT/ PROPERTY OWNER: TNR Development, Matt Kaufman, 130 McCormick Avenue, Suite 104, Costa Mesa, CA 92626 REQUEST: To construct a combination retaining wall (of varying height) and six (6) foot high stucco wall around the perimeter of four (4) single family dwellings to a maximum height of ten (10) feet. LOCATION: 112, 116, 118, 122 Goldenwest Street (southeast corner at Walnut Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff presented a review of the proposed project, the suggested findings and conditions of approval, and stated that the Design Review Board has reviewed and approved the proposed project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that one telephone call was received inquiring into the nature of the project. No other written or verbal comments were received in response to the public notification. Herb Fauland, Zoning Administrator, stated that he visited the site, and a general discussion ensued with staff concerning the height of the wall, the grade reduction from the sidewalk to the finished pad elevations and the width of the planter areas. THE PUBLIC HEARING WAS OPENED. Matt Kaufman, TNR Development, 130 McCormick Avenue, Suite 104, Costa Mesa, applicant, spoke in support of the proposed project, stated that they have reviewed the suggested conditions of approval, and addressed Condition No. 1.b. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-46/COASTAL DEVELOPMENT PERMIT NO.98-15 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. • ZA Minutes 01/06/99 12 (99zm0106) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-46 1. Conditional Use Permit No. 98-46 for the establishment, maintenance and operation of the combination retaining wall (of varying height) and six (6) foot high stucco wall around the perimeter of four (4) single family dwellings to a maximum height of ten (10) feet 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 project incorporates features such as a low planter wall, offsets, pilasters, and glass that provide visual interest. The neutral colors and stucco exterior are compatible with the area. 2. The conditional use permit will be compatible with surrounding uses because there are similar combination retaining wall and stucco wall in the area. The design, colors, and materials of the wall were reviewed and approved by the Design Review Board to assure compatibility with the area and compliance with the Downtown Design Guidelines. 3. The proposed combination retaining wall (of varying height) and six (6) foot high stucco wall around the perimeter of four (4) single family dwellings to a maximum height of ten (10) feet 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 retaining wall/ stucco wall is needed to comply with State acoustical standards for units that lie within the 60 CNEL contours of the property. The request is allowed subject to approval of a conditional use permit and coastal • development 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 Residential High Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require, in areas where noise levels exceed an exterior Ldn of 60 dB(A) and an interior Ldn of 45 dB(A), that all new development of "noise sensitive" land uses, such as housing, health care facilities, schools, libraries, and religious facilities, include appropriate buffering and/or construction mitigation measures that will reduce noise exposure to levels within acceptable limits. (N 1.2.1) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-15: 1. Coastal Development Permit No. 98-15 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. It is consistent with the General Plan policy to require "noise sensitive" land uses to include buffering and mitigation that will reduce noise exposure to acceptable levels. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed combination retaining wall and stucco wall is allowed subject to entitlement approval. It conforms with the Downtown Design Guidelines with the provision of a stucco exterior, low planter wall, and the use of neutral colors. ZA Minutes 01/06/99 13 (99=0106) 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Infrastructure already exists to the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. It will not impact public coastal access and recreation. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 98-46/COASTAL DEVELOPMENT PERMIT NO.98-15: 1. The site plan and wall elevations received and dated November 30, 1998 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials as approved by the Design Review Board. b. Delete any proposed wood fencing and gate on the plan and replace with a stucco or similar type permanent wall and gate that conform with the Downtown Design Guidelines to the approval of Planning staff. c. Continue the planter wall along the corner radius to the approval of Planning staff. d. Include tile accents on the pilasters at the main entries to the approval of Planning staff. 2. Prior to submittal for building permits, the following shall be completed: a. 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. Note on the building plans that a Knox box with gate key at the street entrance will be provided to the approval of the Fire Department. (FD). 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan and fence elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. 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. 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. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 ZA Minutes 01/06/99 14 (99zm0106) the Planning 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 REOUHtEMENTS: 1. Conditional Use Permit No. 98-46 and Coastal Development Permit No. 98-15 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 98-46 and Coastal Development Permit No. 98-15 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-46 and Coastal Development Permit No. 98-15, pursuant to a public hearing for revocation, if any violation of these conditions, the Downtown Specific Plan, or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 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, is Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 13,1999 AT 1:30 PM. c Herb Fauland Zoning Administrator :rmk i ZA Minutes 01/06/99 15 (99zm0106)