HomeMy WebLinkAbout1999-10-20u
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, OCTOBER 20,1999 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Sandra Thornton, Joe Thompson, Ricky Ramos, Ramona
Kohlmann (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
Item 3 was moved to the end of the agenda. Please note the Minutes will reflect actions taken in
their original order.
ITEM 1: TEMPORARY USE PERMIT NO.99-8 (SEACLIFF TENNIS CLUB)
APPLICANT:
Jim Haley, Seacliff Tennis Club, 6501 Palm Avenue, Huntington
Beach, CA 92648
PROPERTY OWNER:
American Golf Corporation doing business at Seacliff Country Club,
6501 Palm Avenue, Huntington Beach, CA 92648
REQUEST:
To allow live entertainment (3-4 person band) outdoors from 6:30 to
9:30 p.m. on November 13, 1999 in conjunction with an outdoor event.
LOCATION:
6501 Palm Avenue (On Palm Avenue east of Goldenwest Street)
PROJECT PLANNER:
Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans stating that the project is surrounded by
residential units on all sides. Staff stated that the live entertainment will provide light contemporary
background music for an event.
Staff recommended approval of the project based on the findings that the temporary use is consistent
with the policies of the General Plan and the provisions of Chapter 241, and due to the temporary
nature of the request, it will not be detrimental to the property or improvements in the surrounding
area.
Staff stated that three letters have been received regarding this project. Staff presented a letter from
the police department removing their opposition to this project.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the music will be amplified.
THE PUBLIC HEARING WAS OPENED.
Ms. Broeren stated that she has received approximately 10 letters from people in the area expressing
their support for this request.
Lou Mannone, 19802 Ocean Bluff, resident, presented a history of past problem with the country
club, in particular noise and clean-up, which have involved the City police department and code
enforcement. Mr. Mannone suggested that the conditions include a security guard and valet parking
to control any issues of noise.
Jim Haley, 6032 Montecito, the applicant, addressed Mr. Mannone's concerns, and the activities for
this event. Mr. Haley agreed to Mr. Mannone's proposed conditions as stated above and gave
assurance that he will be present during the event and that there will be no dancing.
Pat Guidotti, 19581 Summer Grove Lane, in support of the request, addressed Mr. Mannone's
concerns.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren, staff, and Mr. Haley reviewed the layout of the site and discussed the location of the
band and the direction of the speakers.
Ms. Broeren advised Mr. Mannone that the requirements of the entertainment permit will also apply
to this event and will be enforced by the police department.
Ms. Broeren stated that she was going to approve the request with the following additional
conditions:
1. That the speakers be oriented toward the golf course away from the closest residents.
2. That a security guard be maintained during the event and until all cars have left the site.
3. That valet parking be used to control parking noise in the area.
TEMPORARY USE PERMIT NO.99-8 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 15304 Class 4 of the CEQA Guidelines, because the use is temporary and will
have no permanent effect on the environment.
ZA Minutes 10/20/99 2
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FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO.99-8:
1. The proposed temporary use for live entertainment (3-4 person band) outdoors from 6:30 to 9:30
p.m. on November 13, 1999 in conjunction with an outdoor event will be located, operated and
maintained in a manner consistent with the policies of the General Plan and the provisions of
Chapter 241. The event is consistent with uses allowed in the areas with the Open Space —
Commercial Recreation designation.
2. Approval of the application for Temporary Use Permit 99-8 will not be detrimental to property or
improvements in the surrounding area or to the public health, safety or general welfare. The event
will be maintained, secured, and controlled in an appropriate manner with security personnel.
Because the event is temporary in nature, it will not alter existing property and improvements in
the vicinity.
CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO.99-8:
The site plan, floor plans, and elevations received and dated August 11, 1999 shall be the
conceptually approved layout.
2. The use shall comply with the following:
a. Only the uses described in the narrative (see attached) dated August 11, 1999 shall be
permitted.
b. Hours of live entertainment shall be limited to between 6:30 p.m. to 9:30 p.m. Saturday,
November 13,1999.
c. Security personnel will be posted in the parking lot to minimize noise impacts to neighboring
residences. Security will be present until the event has ended.
d. Speakers will be oriented towards the golf course and away from the nearest residences to
minimize noise impacts.
e. Valet service will be provided for the event.
3. 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 request are proposed. Any
changes must be reviewed and approved by the Planning Director 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. Temporary Use Permit No. 99-8 shall not become effective until the ten-day appeal period has
elapsed.
ZA Minutes 10/20/99 3 (99ZM1020)
2. Temporary Use Permit No. 99-8 shall become null and void unless exercised within the dates
approved.
3. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 99-8,
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 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.
ITEM 2: CONDITIONAL USE PERMIT N0.99-57 (PRD ADDITION
APPLICANT: Jeff Nunn, NunnCo Builders, 1815 Kinglet Court, Costa Mesa, CA
92626
PROPERTY OWNER: Charlie Mason, 9921 Barranca Circle, Huntington Beach, CA 92646
REQUEST: To add 395 square feet to an existing dwelling within the Villa Pacific
Planned Residential Development.
LOCATION: 9921 Barranca Circle (north of Villa Pacific Drive, west of Brookhurst
Street)
PROJECT PLANNER: Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans stating that the site is surrounded by Geisler Park
to the north, a green belt to the west, and residential units to the south and east.
Staff stated that the project complies with height restrictions and will not require any additional
parking spaces.
Staff recommended approval of the project, and stated that no comments written or verbal have been
received regarding this project.
Mary Beth Broeren, Zoning Administrator, and staff discussed the open space requirement and how it
was evaluated.
THE PUBLIC HEARING WAS OPENED.
Jeff Nunn, 1815 Kinglet Court, Costa Mesa, the applicant, stated that this project will not change the
footprint of the existing unit and will not affect any open space.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren confirmed with staff that the open space requirement has been met.
ZA Minutes 10/20/99 4
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CONDITIONAL USE PERMIT NO.99-57 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND 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 15301 of the CEQA Guidelines, because the project will not expand the existing
structure by more than 50 percent or 2,500 square feet.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-57:
1. Conditional Use Permit No. 99-57 for the establishment, maintenance and operation of the 395
square foot den and master bedroom addition to an existing condominium 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 is proposed at the end unit of a
two (2) story condominium building and the project will not impact other residences within the
complex.
2. The conditional use permit will be compatible with surrounding uses because it will be similar to
numerous two (2) story condominiums within the Villa Pacific complex.
3. The proposed 395 square foot den and master bedroom addition to an existing condominium 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 expansion does not project
beyond the current footprint of the building and does not generate the need for additional parking
since no bedrooms are being added.
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 RM (Medium Density Residential) on the
subject property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Policy LU 9.1.3: Require that multi -family residential projects be designed to convey a high
level of quality and distinctive neighborhood character.
b. Policy LU 9.2.1: Require that all new residential development within existing residential
neighborhoods be compatible with existing structures.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-57:
1. The site plan, floor plans, and elevations received and dated August 27, 1999 shall be the
conceptually approved layout.
ZA Minutes 10/20/99 5 (99ZM1020)
2. Prior to submittal for building permits, all zoning entitlement conditions of approval shall be
printed verbatim on the second page of all working drawing sets used for issuance of building
permits (architectural, structural, electrical, mechanical, and plumbing).
3. 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.
4. The use shall comply with the following:
a. The den/media room shall be permanently maintained as an open area with a minimum of 50
percent of the wall open to the adjacent hallway/stairs.
5. The Director of Planning ensures that all conditions of approval herein are complied with. The
Director of Planning 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 Director of Planning 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. 99-57 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 99-57 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. 99-57,
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.
ZA Minutes 10/20/99 6 (99ZM1020)
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.
ITEM 3: CONDITIONAL USE PERMIT NO.99-47 (NEXTEL FACILITY)
APPLICANT:
Nextel Communications, Inc., 17275 Derian Avenue, Irvine, CA 92614
PROPERTY OWNER:
ABCD Co. Ltd., 428 East Graves Avenue, Monterey Park, CA 91755
REQUEST:
To permit the installation of a wireless telecommunications facility,
which exceeds the height limit in an existing commercial center.
LOCATION:
19171 Magnolia (on the west side of Magnolia, south of Garfield)
PROJECT PLANNER:
Sandra Thornton
Sandra Thornton, Staff Planner displayed site plans stating that the applicant is requesting a 60-foot
monopole; however, the height limit is 50 feet. The project is located in the rear of a commercial
center and will be occupying one parking space.
Staff recommended approval with the conditions as outlined. Staff stated that the Design Review
Board (DRB) reviewed the project on October 14, 1999, and recommended approval with the
condition that two parking spaces be removed and two 30-40 feet high palm trees be planted.
Staff stated that two telephone calls have been received requesting clarification of the project. One
resident did state that she would be faxing a letter to staff, but as of the time of the hearing, staff has
not received the letter.
Mary Beth Broeren, Zoning Administrator, reviewed the site plan and photographs with staff.
THE PUBLIC HEARING WAS OPENED.
Martin Bannon, 8921 Crescent Drive, resident, stated that his wife did send the above -mentioned fax
to staff and he produced a copy of the fax. Mr. Bannon stated his reasons for objecting to the project.
His concerns were the visual impact of the monopole, interference with the satellite dish used by
Fitzgerald's bar, microwaves, and impact on the power lines.
Ms. Broeren asked staff to produce the picture of the proposed site for Mr. Bannon's review.
Barbara Saito, the applicant, spoke at length in addressing Mr. Bannon's concerns. Ms. Saito
reviewed the code, Edison easement, considerations to relocate, ways to mitigate any visual impact
(as discussed at the DRB), and coaxial problems. Ms. Saito presented charts and outlined reasons
why 50 feet would not provide adequate coverage for their needs, and why Edison towers could not
be used, namely, interference and height limitations imposed by Edison.
Ms. Broeren asked Mr. Bannon if he had any comments since having had an opportunity to review
the picture of the monopole. Mr. Bannon and Ms. Broeren discussed the accuracy of the picture. Mr.
Bannon questioned any possible interference with the existing satellite dishes at Fitzgerald's bar.
ZA Minutes 10/20/99 7 (99ZM1020)
Ms. Saito stated that there was no reason for any interference provided all FCC and license
requirements were complied with by both parties.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren asked staff if a height between 50 and 60 feet was considered, and if a height of 50 feet
is the maximum allowable in the district.
Ms. Saito presented letters from Huntington Beach customers expressing their concern for the level of
service.
Ms. Broeren stated that she was going to approve the request for a monopole at a maximum height of
55 feet and instructed staff as follows:
1. Clarify in Finding No. 1 a reference to the allowable code height being approved for the
monopole.
2. Clarify in Finding No. 3 that the CUP allows a facility over the maximum height allowed in the
district; and
3. Change Condition La to state that the monopole is to be reduced to a height of 55 feet.
Ms. Broeren stated that given staff s recommendation, the DRB's recommendation for a 50-foot
height, and the applicant's request for a 60-foot height, the decision for a 55-foot height monopole is
a reasonable compromise given the concerns from the community.
CONDITIONAL USE PERMIT NO.99-47 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND 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 15301 of the CEQA Guidelines, because the project is considered a minor
alteration of an existing facility.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-47:
Conditional Use Permit No. 99-47 for the establishment, maintenance and operation of the
wireless telecommunication facility consisting of one 55-foot monopole antenna in lieu of a 50-
foot maximum height 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 antenna will resemble a palm tree, which will disguise the monopole and
minimize visual impacts from adjacent properties. The wireless telecommunication facility will
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not generate noise or other impacts, which would be detrimental to surrounding commercial and
residential uses.
2. The conditional use permit will be compatible with surrounding commercial and residential uses.
The proposed antenna will be located in the rear of the commercial center, which will minimize
visual impacts from adjacent commercial properties. The proposed antenna will also be disguised
as a palm tree to minimize visual impacts to adjacent residential properties.
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 HBZSO allows wireless telecommunications facilities to exceed the maximum
height limit by a conditional use 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 Commercial General on the subject
property.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-47:
The site plan, floor plans and elevations received and dated September 27, 1999 shall be the
conceptually approved layout with the following modifications:
a. The height of the monopole will be reduced to 55 feet.
b. Two adjacent parking spaces will be removed and will be designed as a planter.
c. Two 30-40 foot high palm trees will be planted adjacent to the monopole in the new planter.
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. 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 Department of Planning.
3. Prior to issuance of building permits, the following shall be completed:
a. 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.
ZA Minutes 10/20/99 9 (99ZM1020)
4. Prior to final building permit inspection and approval, the following shall be completed:
a. The parking lot shall be restriped to reflect restriping plan detailed in approved Initial
Planning and Zoning Review 98-2.
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
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:
1. Conditional Use Permit No. 99-47 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 99-47 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. 99-47,
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. All landscaping shall be maintained in a neat and clean manner, and in 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.
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 Planning Department within two (2) days of the
Zoning Administrator's action.
ZA Minutes 10/20/99 10 (99ZM1020)
ITEM 4: VARIANCE NO.99-21 (DEL TACO DRIVE -THROUGH TRELLIS
APPLICANT: Ronald Shultz, 25322 Mosswood Way, Lake Forest, CA 92630
PROPERTY OWNER: Seacliff Village, LLC, 655 Brea Canyon Road, Walnut, CA 91789
REQUEST: To allow a 15-foot setback for a trellis located over a Del Taco
restaurant drive -through in lieu of the 25-foot setback required by the
Holly-Seacliff Specific Plan (a reduction of 10 feet).
LOCATION: 7175 Yorktown (north side of Yorktown between Main Street and
Goldenwest Street)
PROJECT PLANNER: Joe Thompson
Joe Thompson, Staff Planner, displayed site plans.
Staff stated that the subject site has a zoning designation of SP-9 and is surrounded by other retail
commercial uses, except for the south. Staff stated that the trellis would not encroach into the
shopping center's 15-foot perimeter landscaping setback, is open on three sides and adds no habitable
area to the restaurant. Staff stated that the project was supported by the Design Review Board
(DRB), is consistent with the colors and materials approved for the shopping center, and improves the
aesthetics of the building.
Staff recommended approval of the variance.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
Mary Beth Broeren, Zoning Administrator, discussed with staff the turnout required along Yorktown
Avenue, to which staff stated that he would do further research. Ms. Broeren confirmed that the
trellis was reviewed by the DRB.
Ms. Broeren stated that she was going to approve the variance with the additional condition that all
other conditions of the Conditional Use Permit for the project remain in effect.
VARIANCE NO.99-21 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 15305 Class 5 of the CEQA Guidelines, because the construction of the proposed
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trellis, which will be located in the front building setback, will not result in the creation of a new
parcel or add interior floor space to the proposed restaurant.
FINDINGS FOR APPROVAL - VARIANCE NO.99-21:
1. The granting of Variance No. 99-21 to allow a 15 foot setback for a trellis located over a
previously approved Del Taco restaurant drive -though in lieu of the 25 foot setback as required by
the Holly Seacliff Specific Plan (a reduction of 10 feet) will not constitute a grant of special
privilege inconsistent with limitations upon other properties in the vicinity and under an identical
zone classification. Other variances for architectural projections have been approved within the
Holly Seacliff Specific Plan, which adds no habitable space to the interior of a building. The
trellis will be located over a previously approved drive -through lane and is open on all sides,
except where it is attached to the building wall.
2. Because of special circumstances applicable to the subject property, including location and
surroundings, the strict application of the zoning ordinance is found to deprive the subject
property of privileges enjoyed by other properties in the vicinity and under identical zone
classification. The building is located on a previously approved building pad location within the
Seacliff Village Shopping Center. The pad location and vehicular and pedestrian circulation
patterns limit the area where the drive -through lane and subsequent drive -through trellis can be
located.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The building setback encroachment being a drive -through trellis is open on three
(3) sides and does not result in any additional habitable square footage for the property owner.
The variance request would allow the property owner to provide shade and rain protection for
drive -through customers of the restaurant.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious
to property in the same zone classification. The drive -through trellis will be architecturally
compatible with the approved building design and consistent with the colors and materials
approved for the Seacliff Village Shopping Center. Since the drive -through trellis is located on
the exterior side of the lot, it will not create any adverse impacts on the parking or circulation of
the shopping center. Furthermore, as designed, the trellis will not create a "box like" or
dominating structure within the setback.
5. The granting of the variance will not adversely affect the Holly Seacliff Specific Plan. It is
consistent with the Land Use Element designation of Mixed Use Horizontal on the subject
property. In addition, the variance is consistent with the following goals and policies of the
General Plan:
LU 4.2 Ensure that structures and sites are designed and constructed to maintain their long-
term quality.
LU9.1.2.b The structure be designed to avoid building materials, colors and construction
elements that visually dominate their settings and contrast significantly with the
character of the neighborhood.
ZA Minutes 10/20/99 12 (99ZM1020)
CONDITIONS OF APPROVAL — VARIANCE NO.99-21:
1. The site plan, floor plans and elevations received and dated September 17, 1999 shall be the
conceptually approved layout with the following modifications:
a. Elevations shall depict colors and building materials approved by the Design Review Board
on August 26, 1999.
b. The supporting posts for the trellis shall not encroach into the 15-foot wide landscape
setback.
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. The Planning Department shall review and approve the following:
1) Revised site plan and elevations as modified pursuant to Condition No. 1.
2) Proposed structures shall be architecturally compatible with existing structures.
3. Prior to issuance of building permits, submit a 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.
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.
The applicant shall conform to all conditions of approval for Conditional Use Permit No. 99-29,
which originally established the use and was approved by the Zoning Administrator on October 6,
1999
6. 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.
ZA Minutes 10/20/99 13 (99ZM1020)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Variance No. 99-21 shall not become effective until the ten-day appeal period has elapsed.
2. Variance No. 99-21 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 Variance No. 99-21, 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. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the
building.
5. The development shall comply with all applicable provisions of the Municipal Code, and
Building and Fire Departments 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
County of Orange and submitted to the Planning Department within two (2) days of the
Zoning Administrator's action.
THE MEETING WAS ADJOURNED AT 2:15 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, OCTOBER 27,1999 AT 1:30 PM.
Mar Beth roeren
Zoning Administrator
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ZA Minutes 10/20/99
14
(99ZM 1020)
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