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HomeMy WebLinkAbout1999-09-01�j MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 1, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren, Acting STAFF MEMBER: Joe Thompson, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-16NARIANCE NO.99-16 (SHERWIN WILLIAMS PAINT/WINSTON TIRE) APPLICANT: Julio Jenner, Studio 3 Architects, 20101 S.W. Birch St., #240, Newport Beach, CA 92660 PROPERTY OWNER: Don Jones, P.O. Box 4018, Balboa, CA 92661 REQUEST: To construct a 4,000 square foot Sherwin Williams paint store and expand the adjacent Winston Tire store by 1,700 square feet. The Variance is requested to allow a 9-foot wide landscape planter in lieu of 10 feet wide. LOCATION: 17151 and 17171 Beach Boulevard (west side of Beach, south of Cypress) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans and photographs stating the location of the project. Staff stated that the Design Review Board (DRB) is in concurrence with the proposed building, design, materials and colors. The project is surrounded by office uses, commercial and retail to the east and south side, and abutting residential on the west. Staff stated that an alternative Notice of Action with modifications was drafted; however, staff does not support the Conditional Use Permit or the Variance because the project is not in conformance with the zoning code or the goals and policies of the General Plan. Staff recommended denial of the Conditional Use Permit and the Variance. Mary Beth Broeren, Zoning Administrator, reviewed the site plans and photographs. Ms. Broeren and staff discussed alternatives to accommodate the request. Ms. Broeren confirmed with staff that the applicant has reviewed the findings and conditions, and confirmed that the DRB had reviewed the design, exterior and color. Staff stated no written or verbal comments have been received regarding the project in response to the public notice. THE PUBLIC HEARING WAS OPENED. Ken Gould, 3991 MacArthur Boulevard, Newport Beach, presented a comparison as to how other cities have dealt with problems such as those presented in this item. Don Jones, 1615 East Bay Ave, Balboa, property owner, expressed a desire to resolve the existing problems. Julio Gener, 20101 SW Birch Street, #240, Newport Beach, the applicant, addressed staff s reasons for the denial. Mr. Gener commented on conditions 4.a, 4.c, 6.e, and 6.m. Mr. Gener and staff discussed condition 7.c. Ms. Broeren and Mr. Gener reviewed the site plans and discussed alternative plans as well as the code requirements for the screening of all exterior mechanical equipment. Mr. Gener stated that their intent is to raise the site to preclude flooding and, in effect, are providing a retaining wall at the back of the property. John Taylor, 7942 Cypress Avenue, presented an historical overview of the zoning, flooding, wells, curbs, gutters, and sidewalks of the project site. He expressed his support for the requested project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff presented plans recently received from Mr. Gener and a discussion ensued with the Zoning Administrator, staff, Mr. Taylor, Mr. Gould and Mr. Gener. Ms. Broeren noted that both lots are below the minimum lot frontage of 100 feet and stated that possibly these are legal non -conforming properties. Ms. Broeren stated that there are numerous constrains on the proposed site and that the applicant is attempting to accomplish a lot of objectives. She stated that the property is oddly configured and the applicant is trying to work around an existing building. Ms. Broeren stated she was continuing this item for the following reasons: 1. Staff is to research the lot size, and, as a matter of record, staff needs to document that the lots are legal non -conforming. 2. The applicant is to provide a chain of title for both of the properties to determine how they were created. 3. Staff is to follow-up with Public Works in looking at the overall circulation pattern on the site. 4. Staff is to work with the applicant in enhancing the appearance to offset the lack of landscaping. 5. Staff is to look into the possibility of realigning the parking in order to get an additional space. ZA Minutes 09/01/99 2 (99ZM0901) 6. Staff is instructed to get information from the applicant on the retaining wall and either include it in the CUP request or have the applicant limit it to two feet. She discussed grading of the adjacent property to improve drainage without exacerbating it for someone else. She indicated Public Works will need to be involved. CONDITIONAL USE PERMIT NO.99-16NARIANCE NO.99-16 WAS CONTINUED TO A DATE UNCERTAIN. ITEM 2: CONDITIONAL USE PERMIT NO.99-23 (LAYMAN RETAIL BUILDING APPLICANT: T.W. Layman Associates, 16633 Ventura Boulevard, #1320, Encino, CA 91346 PROPERTY OWNER: 2ND and Vermont Associates, LTD, 4221 Wilshire Boulevard, #438, Los Angeles, CA 90010 REQUEST: To construct a 5,207 square foot, three suite addition to an existing 5,712 square foot retail building. LOCATION: 9842 Adams Boulevard (south side of Adams, west of Brookhurst) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the site has a zoning designation of General Commercial, is surrounded by other commercial retail uses, and along the west property line a residential neighborhood abuts the subject property. Staff outlined improvements to the site including a remodel of the building's exterior, a restriping of the parking lot to accommodate added parking, and increased landscaping. Staff stated that the applicant has not yet leased the additional suites but anticipates the future tenants to be neighborhood retail use. Staff requested changes to the Conditional Use Permit by adding condition Lg, which would require conformance to Zoning Code Section 211.06(N). Staff requested deletion of condition 61, which would require the applicant to contribute 25% of the signalization cost for the driveway entrance to the east side of the building. Staff stated that Public Works is in agreement. Staff received one letter from Girard Menke, 9802 Olympic, resident at the back of the project site, regarding lack of maintenance of the trash and rubbish at the subject site. Mr. Menke requested that the trash enclosure be moved closer to the building. Staff stated that Code Enforcement has an extensive file regarding trash problems on the subject property, and per Code Enforcement, the building's management company has cleaned up the site, when cited; however, it is an ongoing problem. Staff stated that with the added condition requiring building offsets, the building is consistent with all the applicable codes of the Zoning Ordinance and the goals of the General Plan. With the conditions imposed, staff recommended approval of the Conditional Use Permit. ZA Minutes 09/01/99 3 (99ZM0901) Mary Beth Broeren, Zoning Administrator, and staff discussed the location of the offsets. Staff confirmed that the offsets would occur along the Adams Avenue frontage. Ms. Broeren instructed staff to clarify this location in the condition. Staff stated that the applicant concurs with the added condition. Ms. Broeren and staff discussed the location of the existing parking vs. the new parking. Ms. Broeren stated that she visited the site and noted that the parking lot does not meet the required condition for a tree every 10 parking spaces. Further discussion was held with staff regarding elevations and placement of the trees. THE PUBLIC HEARING WAS OPENED. Tim Salvar, 16633 Ventura Boulevard, Encino, the architect, stated he concurred with the conditions. Mr. Salvar addressed the issue of the trash problem. Ms. Broeren, Mr. Salvar, and staff reviewed the site plan and discussed areas for the trees, handicap stalls and compact parking. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated she would approve the proposed request with the modified changes to the conditions as proposed by staff. She instructed staff to determine the number of required trees in the new parking area, which shall be included as an additional condition. CONDITIONAL USE PERMIT NO.99-23 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE 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 15303 of the CEQA Guidelines, because the proposed addition to the existing commercial building is less than 10,000 square feet. The proposed addition is also in an area where all public services are available to allow for maximum development permissible by the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-23: 1. Conditional Use Permit No. 99-23 for the establishment, maintenance and operation of the 5,207 square foot, three suite addition to an existing 5,712 square foot retail building 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 addition to an existing retail building is located within an established retail center. Parking spaces located along the wes ZA Minutes 09/01/99 4 (99ZM0901) property line, adjacent to the abutting residential neighborhood will not be increased due to the expansion of the existing retail building. 2. The conditional use permit will be compatible with surrounding uses because the project is located within an established retail center. It is also buffered from the abutting residential use to the west by a solid masonry wall. 3. The proposed conditional use permit 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 proposed site plan depicts setbacks, building height, landscaping and parking in compliance with the requirements applicable to the CG, General Commercial District. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation CG (General Commercial) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. ED2.4.1 Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. b. ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 99-23: 1. The site plan, floor plans and elevations received and dated June 29, 1999 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights - of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing ZA Minutes 09/01/99 5 (99ZM0901) screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) e. 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. f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. g. The building shall comply with Zoning and Subdivision Ordinance Code Section 211.06 (N), which requires buildings more than 100 feet in length, to provide projections or recesses of not more than 40 feet in length that vary the depth of the building wall by a minimum of four (4) feet. The projections or recesses shall occur on the building wall facing Adams Avenue. (Code Requirement) h. The project site shall conform with Zoning and Subdivision Ordinance Code Section 232.08.(C)3 and provide a minimum of three (3) 24 inch box trees. The location of the trees shall be approved by the Planning and Public Works Departments prior to issuance of building permits. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover 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). c. A planned sign program for all signage shall be submitted to the Planning Department. Said program shall be approved prior to the first sign request. 3. Prior to issuance of grading permits, the following shall be completed: a. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) ZA Minutes 09/01/99 6 (99ZM0901) c. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) 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, 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 (trunk greater than 10 " in diameter) 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. (PW) (Code Requirement) 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 or Certificate of Occupancy, 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, including: 1) Landscaping 2) Parking lot restriping ZA Minutes 09/01/99 7 (99ZM0901) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 4) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; and d) smoke detectors (FD) 5) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 6) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with. a brush stroke of one and one-half (1-1/2) inches. (FD) 7) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 8) Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimension of all access roads. (FD) 9) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 10) An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) b. The Westerly driveway on Adams Avenue shall be removed and replaced with a high-speed type driveway per County Standards. (PW) c. Wheelchair ramps shall be provided in sidewalks along the main drive aisle. (Sidewalks shall be a minimum of four (4) feet wide. (PW) d. All new and existing utilities shall be installed underground. (PW) e. A sewer study to determine the lateral size shall be required. (6" VCP min.) (PW) f. The existing domestic / irrigation meter and service serving the site may potentially be utilized for domestic / irrigation purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. The meter box shall be replaced. If a new service and/or meter is required, it shall be installed per Water ZA Minutes 09/01/99 8 (99ZM0901) Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). Minimum service lateral size shall be two (2) inches. (PW) g. All meters shall be touch read type. (PW) h. The existing fire service may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new or updated service is required, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Fire Code (UFC). (PW) i. Separate backflow protection shall be installed per the City of Huntington Beach Water Division standards for domestic, irrigation and fire water service. (PW) j. The parking stall adjacent to the easternmost handicap stall shall have a wheel stop installed in a manner similar to other stalls. (PW) k. The applicant shall provide parking lot lighting. The lighting shall utilize energy saving lamps. All outside lighting shall be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan. Building mounted lights shall also be shown on the elevations. Lighting shall be capable of being dimmed to a minimum security level during hours of non -operation of the facility. (PW) 1. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. n. 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. o. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) 7. 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) 8. 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 ZA Minutes 09/01/99 9 (99ZM0901) 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. 99-23 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-23 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. 99-23, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. Comply with Chapter 222 (Floodplain Overlay District development standards). 7. An encroachment permit shall be required for all work within the right-of-way. (PW) 8. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. 9. 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. 10. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. 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 Planning Department. 13. All landscaping shall be maintained in a neat and clean manner, and iri conformance with the HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Zoning Administrator. ZA Minutes 09/01/99 10 (99ZM0901) G 14. 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. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 8,1999 AT 1:30 PM. Mar Beth Broeren, Acting Zoning Administrator :rmk ZA Minutes 09/01/99 11 (99ZM0901)