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HomeMy WebLinkAbout1999-05-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 5,1999 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wendy Bounds, Victor Van Zandt, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: Herb Fauland, Zoning Administrator, announced that the following items were inadvertently noticed in the local paper for today's Hearing: Conditional Use Permit No. 98-55/Variance No. 98-28 (Kahale Automotive Industrial Building); and, Tentative Tract Map No. 14321 (Revised)/Conditional Use Permit No. 99-9 (Crystal Island). Mr. Fauland announced that the items have been rescheduled to the May 12, 1999 Hearing. No persons were present for these items. ITEM 1: COASTAL DEVELOPMENT PERMIT 98-31(NGUYEN RESIDENCE (CONTINUED FROM THE APRIL 21,1999 MEETING) APPLICANT: Andrew Goetz, 240 Newport Center #231, Newport Beach, CA 92660 PROPERTY OWNER: John and Connie Nguyen, 16081 Santa Barbara, Huntington Beach, CA 92649 REQUEST: To permit a 2,321 square foot first and second story addition and remodel of an existing two-story, single family residence. LOCATION: 16081 Santa Barbara Lane (west side of Santa Barbara, along the Long Channel) PROJECT PLANNER: Wendy Bounds Wendy Bounds, Staff Planner, displayed site plans, stating that the applicant had requested the continuance so he could submit revised plans. Staff stated that the changes include a reduction of total square footage by 264 square feet, giving the total addition 1,967 square feet. Staff stated that the application is in compliance with all Zoning regulations and the General Plan designation. Staff stated that the neighbor who previously expressed concern over the private easement has been informed of the changes and is now in agreement. Staff stated that no other comments have been received regarding the application. Staff recommended approval of the project with two additional conditions as follows: 1) the site plan will reflect that the front yard wall will be no higher than forty-two inches; and 2) the applicant shall submit a letter stating that the project has been reviewed and approved by the applicable Homeowner's Association. Herb Fauland, Zoning Administrator, asked if the revised plans are the plans dated February 8. Staff stated that a portion of the plans are dated February 8 and three of the pages are different. The remainder of the plans are the same. Mr. Fauland stated that the plans dated February 8 should reflect the most recent change. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated he was going to approve the item with the following additions to the conditions of approval: 1) no wall within the front yard setback is permitted to exceed 42 inches in height, and 2) that the applicable Homeowner's Association approval shall be submitted prior to the issuance of the building permit. COASTAL DEVELOPMENT PERMIT 98-31 WAS 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 APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-31: 1. Coastal Development Permit No. 98-31 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project is an addition to an existing single family residence, it conforms to the General Plan designation of Residential Low Density. The proposal will not have any impacts on public views and access. 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 project meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. 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 is provided for the project. 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 exist at the site. ZA Minutes 05/05/99 2 (99ZM0505) 1 i� CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-31: 1. The site plan, floor plans, and elevations received and dated February 8, 1999 shall be the conceptually approved layout with the following modifications: a. No wall within the front yard setback is permitted to exceed 42 inches in height, please identify on the plans the height of the proposed wall within the front yard. 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 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 Department of Planning. 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. c. The applicant shall submit an approval letter to the Planning Department stating that the project has been reviewed and approved by the applicable Homeowner's Association. 4. 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 REQUIREMENTS: Coastal Development 98-31 shall not become effective until the ten day California Coastal Commission appeal period has elapsed. 2. Coastal Development Permit 98-31 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. ZA Minutes 05/05/99 3 (99ZM0505) 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit 98-31, 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. (PW) 5. State -mandated school impact fees shall be paid prior to issuance of building permits. 6. 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. 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 Planning within two (2) days of the Zoning Administrator's action. ITEM 2• CONDITIONAL USE PERMIT NO.99-5 (NEXTEL COMMUNICATIONS) APPLICANT: Barbara Saito, Nextel Communications, 17275 Derian Avenue, Irvine, CA 92614 PROPERTY OWNER: Ian Tober, SST, 15592 Computer Lane, Huntington Beach, CA 92649 REQUEST: To remove and replace an existing 42 foot high wireless communication facility with a 62 foot high facility. LOCATION: 15592 Computer Lane (east side of Computer Lane, north of Research Drive) PROJECT PLANNER: Peter Vanek Victor Van Zandt, Staff Planner, sitting in for Peter Vanek, displayed site plans stating that the request was recommended and approved by the Design Review Board. Staff stated the purpose and location of the proposed monopole. Staff recommended approval of the request stating that the proposal is consistent with Policy Memo CI48R, which regulates wireless communication facilities, and is consistent with the Draft Wireless Communication Facility Ordinance. Staff stated that there were no comments from the various City departments. THE PUBLIC HEARING WAS OPENED. Barbara Saito, the applicant, 17275 Derian Avenue, Irvine, stated that the existing space is too tight to accommodate a second pole, which is why the existing pole is being extended another twenty feet with a single set of antenna. Ms. Saito asked that the condition limiting the construction days be waived in order to allow construction on a Sunday. ZA Minutes 05/05/99 4 (99ZM0505) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, advised Ms. Saito that the condition limiting construction days is a municipal code requirement that he can't waive, and they would have to abide by that requirement. CONDITIONAL USE PERMIT NO.99-5 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 15311 of the CEQA Guidelines, because the project consists of the construction of a minor structure accessory to an existing industrial facility. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-5: 1. Conditional Use Permit No. 99-5 for the establishment, maintenance and operation of a wireless communication facility consisting of the removal of an existing forty-two foot high monopole to be replaced with a sixty-two foot high monopole 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 wireless communication facility will not generate noise, traffic or other impacts that would be detrimental to surrounding industrial uses. 2. The conditional use permit will be compatible with the surrounding industrial facilities. The existing antenna will be removed and replaced with an antenna that will maintain the existing diameter of antenna arrays. 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 Industrial on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.99-5 1. The site plan and elevations received and dated March 3, 1999 shall be the conceptually approved layout. ZA Minutes 05/05/99 5 (99ZM0505) 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 Department 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 cleaning of the facility, removal of graffiti and repair of vandalism. 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 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 REQUIREMENTS: Conditional Use Permit No. 99-5 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-5 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. 99-5, 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 Department, 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 Planning Department within two (2) days of the Zoning Administrator's action. ZA Minutes 05/05/99 6 (99ZM0505) r THE MEETING WAS ADJOURNED AT 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 12, 1999 AT 1:30 PM. Herb Fauland Zoning Administrator :rmk ZA Minutes 05/05/99 7 (99ZM0505)