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HomeMy WebLinkAbout2000-09-13MINUTES ® HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 13, 2000 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren and Mike Strange, Acting (Item No. 2) STAFF MEMBER: Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: July 12 and August 2, 2000, Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 00-32 (VERIZON WIRELESS FACILITY) APPLICANT: Stephen Garcia, 510 Castillo Street, Santa Barbara, CA 93101 PROPERTY OWNER: Robert Teran, Southern California Edison, PO Box 500, 2244 Walnut ® REQUEST: Grove, Rosemead, CA 91770 To permit the installation of a wireless telecommunications facility mounted to an existing Southern California Edison tower as well as equipment cabinets located at the base of the Edison Tower. LOCATION: 9077 Block of Hamilton Avenue (on the north side of Hamilton Avenue east of Magnolia Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans, stating the purpose, zoning and location of the request. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the proposed project complies with the Zoning and Subdivision Ordinance. Two telephone calls were received from neighboring property owners, inquiring as to the exact location of the towers and expressed support of the project. No letters were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Stephen Garcia, 510 Castillo Street, Santa Barbara, the applicant, requested approval of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ® CONDITIONAL USE PERMIT NO.00-32 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 is considered a minor alteration of an existing facility. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-32: Conditional Use Permit No. 00-32 for the establishment, maintenance and operation of the wireless telecommunications facility mounted to an existing Southern California Edison tower as well as equipment cabinets located at the base of the tower 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 antennas will be mounted on an existing Southern California Edison tower, which will screen them from public view. The wireless telecommunications facility will not generate noise or other impacts, which would be detrimental to surrounding uses. 2. The conditional use permit will be compatible with surrounding uses. The proposed antennas will be located on an existing Southern California Edison tower, which will screen them from public view because the antennas will blend in with the tower. 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 be located within 300 feet of a residential zone with 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. b. Objective U5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are provided. c. Policy U5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed new wireless communication antennas facilitate telecommunication service and improve wireless communication coverage for the community. 40 ZA Minutes — 09/13/00 2 (OOZM0913) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 00-32: ® 1. The site plan and elevations received and dated August 22, 2000 shall be the conceptually approved layout with the addition of a note that the equipment shelter shall be surrounded by a chain link fence which is vinyl coated in either dark green, dark brown, or black in color and may not include barbwire. All posts and rails shall match the fence color. Samples shall be submitted to the Planning Department for review and approval. 2. Prior to submittal for building permits, 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). 3. Prior to final building permit inspection and approval, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. Equipment cabinets shall be painted a color similar to the fence color with flat paint so as to help them blend into the background and become less prominent. (PW) d. Secure fencing with placards indicating electrical or other hazards must be installed to ® discourage unauthorized persons or children in the park from entering the tower site. (FD) 4. During site development the applicant shall be responsible to coordinate with the City's park maintenance superintendent for access to insure safety for the public and the City's park maintenance staff. (CS) 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 or elevations are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 00-32 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 00-32 shall become null and void unless exercised within one year of the date of final approval which is September 13, 2001, 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. ZA Minutes — 09/13/00 3 (OOZM0913) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 00-32, 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. 0 4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $43.00 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) ITEM 2: NEGATIVE DECLARATION NO. 00-05 (HUMBOLDT/TRINIDAD ISLANDS) 0 APPLICANT: Fernando Pages, Tetra Tech, Inc., 670 North Rosemead Boulevard, Pasadena, CA 91107 PROPERTY OWNER: 104 property owners on Humboldt and Trinidad Islands, Huntington Harbor REQUEST: The project would repair the bulkhead on 40 properties on Humboldt Island and 64 properties on Trinidad Island. The project is designed to restore the foundation of the bulkhead and provide toe protection to inhibit any future scouring or erosion. In general, the repairs would be made in three phases: pile and repair, replacement of sheet piles, and installation of slope protection, although not all three phases apply to all properties. The first two phases will be completed by divers. The final phase will require use of barges and a crane. The project proposes mitigation for potential impacts to eelgrass and soft bottom habitat. The project is expected to take a year to complete. LOCATION: Humboldt and Trinidad Islands, Huntington Harbor (northwest Huntington Beach) PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Senior Planner, displayed project plans and schematics stating that the Coastal Development Permit will be heard by the California Coastal Commission with the City as the lead agency. Staff recommended approval of the request based upon the findings and subject to the ZA Minutes — 09/13/00 4 (OOZM0913) conditions as outlined in the staff report. Staff stated that all work will be performed on weekdays (Monday through Friday) from 7:00 a.m. to 3:30 p.m. in accordance with the City's Municipal Code. Staff stated that three letters were received as follows: 1) the Department of Transportation had no comments, 2) the County of Orange had no comments, and 3) the Department of Fish and Game stated that the request provides adequate mitigation. Telephone calls were received from Huntington Harbour property owners and from one unidentified property owner. THE PUBLIC HEARING WAS OPENED. Jerry Urner, former president of the Huntington Harbour Property Owner's Association, stated he was pleased that the project was going forward and urged the Zoning Administrator's approval. Ralph Bauer, 16511 Cotuit Circle, City Councilmember, expressed concern over the timeframe between the approval of the proposed project at today's hearing and the approval process by the California Coastal Commission. Mr. Bauer suggested that Shirley Dietloffbe asked to intercede. Mr. Bauer stated that a letter should be sent to the balance of the homeowners to assure full disclosure of the proposed project. He emphasized that all property owners should be advised of the Bolsa Chica restoration in the event they sell their property in the future. Staff suggested that Mr. Bauer's concerns be brought to the attention of the director of the Planning Department and Mr. Bauer agreed. Sarah McFadden, 670 North Rosemead Boulevard, Pasadena, the applicant, responded to Mr. Bauer's ® statements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 00-05 1. The Negative Declaration No. 00-05 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration. 2. Mitigation measures avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures address water quality, the loss of eel grass and soft bottom habitat and noise. Mitigation measures were generally designed to minimize impacts to homes in the vicinity and the habitat of the Harbor. 3. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as mitigated, will have a significant effect on the environment. The purpose of the project is to repair seawalls, which reduces flood hazard for the area. Potential impacts resulting from construction of the project are temporary and intermittent or can be adequately mitigated. Mitigation plans have been developed in concert with various regulatory agencies including the Department of Fish and Game and U.S. Army Corps of Engineers. ZA Minutes — 09/13/00 5 (OOZM0913) MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 00-05 1. During all phases of the project, Best Management Practices (BMPs) will be used to prevent and control turbidity. BMPs may include the installation of a silt curtain. 2. If turbidity is observed at a distance of 100-ft. or greater from the actual work site, either the work will be stopped until the water returns to normal or, if deemed necessary, a silt curtain will be installed until turbidity returns to normal. 3. A soft bottom mitigation plan has been prepared which consists of improving a 3,410 sq. ft. wetland area in the Bolsa Chica Ecological Reserve in Huntington Beach, California by removing debris, regrading, and repairing the tidal inlet conduit. This plan will be implemented by the project proponents concurrently with the bulkhead repairs. 4. An eelgrass mitigation transplant was completed in June 2000. Tetra Tech, Inc. transplanted 3,600 sq. ft. of eelgrass as mitigation for the bulkhead repair project. This was completed in conjunction with the County of Orange mitigation project for the Sunset Harbor Maintenance Dredging project, pursuant to the County of Orange Eelgrass Mitigation Plan that has been approved by the appropriate agencies. The Plan and transplant are consistent with the Southern California Eelgrass Mitigation Policy. In addition to the initial transplant, the Policy requires conducting mitigation monitoring surveys to evaluate the level of transplant success and conducting additional transplants if the primary transplant does not meet project success criteria. 5. An anchor management plan will be prepared and implemented to avoid damage to eelgrass that would not otherwise be impacted. 6. All work will be performed on weekdays (Monday to Friday) and hours of operation will be 7:00 a.m. to 3:30 p.m. and in accordance with City of Huntington Beach Municipal Code Section 8.40. No work will be performed on Saturdays, Sundays or federal holidays. NEGATIVE DECLARATION NO.00-05 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MITIGATION MEASURES. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 20, 2000 AT 1:30 PM. Mary eth Broeren Zoning Administrator . :rmk ZA Minutes — 09/13/00 6 (OOZM0913)