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HomeMy WebLinkAbout2000-03-22MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 22, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: June 2, June 16, August 4, 1999 and January 12, 2000 Minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-66 (BRISAS DEL MAR) (CONTINUED FROM THE MARCH 8, 2000 MEETING) APPLICANT: Joyce Gill, Gill Management Company REQUEST: To construct a six (6) feet high perimeter wrought iron fence and entrance gates within the setback area in lieu of a maximum height of 42 inches. LOCATION: 409 Utica (northwest corner at Delaware) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans and photographs stating the purpose and location of the request. Staff stated that the item was continued from the March 8, 2000 meeting and staff s recommendation remains the same, namely, that the fencing be located behind the landscaping. Mike Strange, Acting Zoning Administrator, confirmed with staff that the reason for the fencing is primarily to reduce traffic and for security purposes. THE PUBLIC HEARING WAS RE -OPENED. Kathleen Peerenboon, 409 Utica, #D40, neighboring resident, opposed staffs proposed placement of the fence stating that she is in favor of a fence for security reasons, however, preferred the fence be placed at the sidewalk to discourage people and dogs on her property. Kathleen Denney, 409 Utica, #C27, neighboring resident, opposed staffs proposed placement of the fence expressing a preference in having the fence at the property line. Ms. Denney stated that having the fence flush to the building would create an inconvenience because she would not be able to access her car without having to use a key and gate to get into the parking area. Ms. Denney stated a fence is desirable for security reasons. Bill Klymshyn, 409 Utica, #1322, neighboring resident, supported the fence for security reasons but opposed staff s recommendation. Mr. Klymshyn addressed issues of access to the trash bins, the main entrance on Utica Ave., access for deliveries, and guest parking. Mr. Klymshyn supported staff s recommendation for pedestrian gates but requested more gates than those proposed by staff. Geri Steenveld, 409 Utica, #C29, neighboring resident, asked if a call box would be located at the California entrance. Staff stated condition Lc requires a call box. Ms. Steenveld opposed staff s recommended placement of the fence. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-66 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 CEQA: 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, because it involves the construction of perimeter fencing and gates which are accessories to an existing development. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-66: 1. Conditional Use Permit No. 99-66 for the establishment, maintenance and operation of a six (6) feet high perimeter wrought iron fence and entrance gates within the setback area in lieu of a maximum height of 42 inches 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. It will provide increased security and safety to residents of the development. It w :viewed by the Departments of Public Works and Fire and should not negatively impact tr safety and emergency access. The driveway corner cut-off at the California Street entrance w: provided through the use of open wrought iron fencing and should not be detrimental be,, se of the low traffic volume along California. Pedestrian gates will be included to maintain adeLlUate pedestrian access. As modified by the conditions of approval, the perimeter fence and gates will be located behind the perimeter landscaping to soften its appearance. 2. The conditional use permit will be compatible with surrounding uses because it will not impact access to other properties in the area. The fence and security gates will be constructed and painted to be compatible with the residential complex. ZA Minutes 03/22/00 2 (OOZM0322) 3. The proposed perimeter wrought iron fence and gates 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 security fence and gates will comply with all applicable requirements, including those of the Fire and Public Works Department. 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 Medium Density on the subject property which permits the existing residential use and typical accessory structures such as fencing and gates. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-66• 1. The site plan and fence/gate elevations received and dated October 22, 1999 shall be the conceptually approved layout with the following modifications to the approval of the Planning Department: a. The perimeter fence along the Delaware and California frontages shall be relocated behind the perimeter landscaping and flush with the building. b. Pedestrian gates shall be provided along all three street frontages. c. Call box shall be provided for both the vehicular gates (Utica and California) and pedestrian gates along all three street frontages. d. The fence and gate along Utica shall be setback ten feet from the property line in lieu of 12 feet so as not to impact vehicle parking overhang onto the landscape planter. e. The vehicular gate along California Street shall be setback three feet away from the existing parking space on -site. f. A raised island of at least 48 square feet (4 ft x 12 ft recommended) shall be constructed to protect and highlight the call box at the south entrance (Utica). Inbound and outbound truck maneuverability must be maintained with the presence of the island. The design truck shall be an SU-30 (standard moving van or delivery truck). Wheelchair access along Utica Street must also be maintained. If the selected gate control technology allows a resident to open the gate when positioned behind a visitor, then only one inbound lane is necessary. (PW) g. Supplemental outdoor lighting shall be provided for all gate areas (pedestrian and vehicular). The lighting shall utilize energy -saving lamps, shall be directed to prevent spill over onto adjacent properties, and shall not emit glare skyward. (PW) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. ZA Minutes 03/22/00 3 (OOZM0322) b. The applicant shall have the security fence and gate plan approved (signed off) by the Fire Department prior to submitting the plan to the Departments of Planning and Building and Safety for permit issuance. c. 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. Submit a copy of the revised fencing plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. Submit gated entryway (access control devices) plans to the Planning Department. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed and approved by the Planning, Fire and Public Works Departments. c. Prepare plans and analysis to conform to the Uniform Building Code 1997 edition. Engineering is required for pilasters and fencing foundation. (BD) 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. c. Building complex address numbers must be unobstructed and shall be installed to comply with City Specification No. 428. (FD) d. Security gates shall be designed to comply with City Specification 403. Show gate width dimensions on plans. The minimum width should indicate a clear unobstructed opening of 24 feet. Knox lock or gate opening systems must be installed on each of the proposed gates. (FD) e. All project pool areas must also have a Knox access installed on entry gates. (FD) 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. z. ZA Minutes 03/22/00 4 (OOZM0322) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 99-66 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-66 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. 99-66, 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. 5. 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. 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. ITEM 2: VARIANCE NO. 99-24 (FACADE CHANGE AT BEACH AND TALBERT) APPLICANT: John C. Marvick, 3199 A-3 Airport Loop Drive, Costa Mesa, CA 92626 PROPERTY OWNER: Beach Blvd Partnership, 18377 Beach Blvd., Huntington Beach, CA 92648 REQUEST: 1) To provide 4.8% landscaping in lieu of the required 6%; 2) To provide a minimum 3 foot-10 inch landscaped setback along Beach and Talbert in lieu of the required 10 feet. LOCATION: 17941-17977 Beach and 7971 Talbert (northwest corner of Beach and Talbert) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, photographs and elevations, stating the purpose and location of the request. Staff stated that the public notice reflected that the landscaping would be 5.6% in lieu of 6% but the applicant revised the originally proposed landscape planter due to the fact that the Design Review Board (DRB) requested more architectural elements in order to reduce the cost of the project. The variance ended up to be 4.8% in lieu of 6% as well as a minimum 3 foot-10 ZA Minutes 03/22/00 5 (OOZM0322) inch landscaped setback along Beach Boulevard and Talbert Avenue. The public notice also advertised a reduced back-up space of 24.5 feet in lieu of 26 feet; however, the applicant revised the plans and moved the trash enclosure to maintain back-up for parking, and will, therefore, no longer require that as part of the variance. Staff stated the DRB recommended that after the Zoning Administrator Hearing, the project be returned to the DRB for final approval. Staff recommended approval of the project based on the findings as outlined in the staff report. No telephone calls or letters were received regarding this project. THE PUBLIC HEARING WAS OPENED. John Marvick, 18611 Fairwood Lane, Santa Ana, the applicant, presented reasons for the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, asked staff to add a condition stating that the elevations shall reflect changes by the Design Review Board. VARIANCE NO.99-24 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 CEQA: 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 exterior alterations of existing facilities is considered exempt under CEQA. FINDINGS FOR APPROVAL - VARIANCE NO.99-24: The granting of Variance No. 99-24 to provide 4.8% landscaping in lieu of the required 6% and a minimum 3 foot-10 inch landscaped setback along Beach and Talbert in lieu of the required 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. The landscaping within the retail center as well as the landscape setback will be increased from the current amount. The existing center cannot comply with current landscape standards without major remodeling and a reduction in the amount of existing building square footage within the center. 2. Because of special circumstances applicable to the subject property, including existing buildings and parking lots, 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. In order to comply with the landscape requirements of the zoning ordinance the ZA Minutes 03/22/00 6 (OOZM0322) existing buildings would need to be'relocated or remodeled and a large amount of the existing floor area would need to be removed. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. It will allow the owner to proceed with the remodeling of the retail center which will create a more attractive development and will bring more customers and more business to the center. The result will increase the profitability of the center. 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 result of the variance will be an improvement to the property. The property currently has no landscaping along Beach Boulevard and minimal landscaping along Talbert. The variance will allow the retail center to remodel the parking lot and install more landscaping and trees, which will increase the aesthetics of Beach Boulevard as well as Talbert. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property because the facade remodel will be designed to achieve a high level of quality, distinctive character, and compatibility with existing uses. CONDITIONS OF APPROVAL — VARIANCE NO.99-24: l . The site plan, floor plans and elevations received and dated February 24, 2000 shall be the conceptually approved layout with the following modifications: a. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. Elevations shall reflect changes by the Design Review Board. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. The Design Review Board shall review and approve the proposed project design including colors and materials for a new canopy/ building facade remodel, and planned sign program for the existing retail center. c. 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. Submit a copy of the revised site plan and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. ZA Minutes 03/22/00 7 (OOZM0322) 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. 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, including landscaping. b. The applicant shall restripe the parking lot so that it conforms to provisions of Chapter 231 of the Huntington Beach Zoning & Subdivision Ordinance. c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. d. 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: Variance No. 99-24 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 99-24 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. 99-24, 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. ZA Minutes 03/22/00 8 (OOZM0322) 1 5. 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. 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. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 9. 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. 10. An encroachment permit shall be required for all work within the right-of-way. (PW) THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 29, 2000 AT 1:30 PM. Mar Beth roeren Zoning Administrator :rmk ZA Minutes 03/22/00 (OOZM0322)