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HomeMy WebLinkAbout2000-12-13C MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntinpton Beach California WEDNESDAY, DECEMBER 13, 2000 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES: ORAL COMMUNICATION: Mary Beth Broeren Ricky Ramos, Paul Da Veiga, Amy Wolfe None None ITEM 1• TENTATIVE PARCEL MAP NO.99-212 (ATLANTA-MAGNOLIA COMMERCIAL CENTER) (CONTINUED FROM THE NOVEMBER 8, 2000, MEETING)_ APPLICANT/ PROPERTY OWNER: Alice Wang, Watt Family Properties, 2716 Ocean Park Blvd., Santa Monica, CA 90405 REQUEST: To subdivide an existing seven -acre parcel presently developed with a commercial center into two parcels. LOCATION: Northwest corner of Atlanta and Magnolia Avenues PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed project plans, stating the purpose, location and zoning of the request. Staff stated that the intent of the request is to be able to sell parcel one to the Von's Company. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the project complies with the basic zoning requirements including lot width, lot size, floor area ratio, setbacks, parking, and landscaping. Staff stated that two telephone calls were received regarding basic inquiries from surrounding property owners. Mary Beth Broeren, Zoning Administrator, asked staff to clarify condition no. 1, which states that the property line shall be located midway within the common wall. Staff stated that the applicant has been working with the Building Department to ensure that the lot line straddles the common wall. THE PUBLIC HEARING WAS OPENED. Bob McSparran, the Von's Company, stated that they have read the conditions of approval and will stipulate to them. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO.99-212 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 15315 of the CEQA Guidelines, because it involves the division of property (zoned for commercial use and located in an urbanized area) into fewer than four parcels in conformance with the General Plan and zoning ordinance. No variances are required. All services and access to the proposed parcels to local standards are available. The parcel was not involved in a division of a larger parcel within the previous two years. The parcel does not have an average slope greater than 20 percent. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.99-212: Tentative Parcel Map No. 99-212 to subdivide an existing seven acre parcel presently developed with a commercial center into two parcels is consistent with the General Plan Land Use Element designation of Commercial Neighborhood on the subject property or any applicable provisions of the Zoning and Subdivision Ordinance (ZSO). The proposed lots comply with minimum lot width and area requirements in the ZSO. The existing development on each of the proposed parcels also complies with all zoning requirements including floor area ratio, Setbacks,, parking, and landscaping. 2. The site is physically suitable for the type and density of development. The subject parcels are already developed with commercial uses. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The proposal involves the subdivision of an already developed seven -acre parcel into two parcels, therefore, no environmental impacts will occur. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements, for access or for use, will be provided. All necessary easements will be provided with the proposed parcel map. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 99-212: 1. The tentative map received and dated August 15, 2000 shall be the approved layout with the following modification: The property line shall be located midway within the common wall.(BD) ZA Minutes 12/13/00 2 (OOZM1213) 2. At least 90 days prior to recordation of the final parcel map, the following shall be complied with: a. The applicant shall submit CC&Rs to the Planning Department for review and approval by the City Attorney as to form and content. The CC&Rs shall reflect: 1) coordinated maintenance of all common areas including landscaping, parking lots, and driveways; and 2) coordinated maintenance and upgrade/remodel of the exterior of all structures on both parcels so as to maintain a unified center. The CC&Rs must be in recordable form prior to recordation of the map. A copy of the recorded CC&Rs shall be submitted to the Planning Department. b. The applicant shall submit a reciprocal driveway and parking easement covering both parcels to the Planning Department for review and approval by the City Attorney as to form and content. A copy of the recorded easement shall be submitted to the Planning Department. c. The applicant shall submit a covenant agreement to the Building and Safety Department for review and approval by the City Attorney as to form and content. The covenant agreement signed by each property owner shall note that each property owner will share ownership of the wall separating each building and share responsibility for its maintenance, and fire and structural safety. A copy of the final recorded covenant shall be submitted to the Building and Safety Department.(BD) d. The applicant shall submit a revised detailed map for review by the Building and Safety Department that shows location of all openings and fire resistive wall construction in terms of location to the property line. Openings of any type shall be located and identified. Overhangs, canopies or covered walks shall be identified. This map shall be referenced in the covenant agreement (condition 2(c)) and attached as an exhibit.(BD) I The applicant shall submit a reciprocal easement for maintenance and access to all utilities traversing the adjacent property to the Building and Safety Department for review and approval by the City Attorney as to form and content. The easement shall note that permanent structures shall not be built over utilities. A copy of the recorded easement shall be submitted to the Building and Safety Department. (BD) 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The following shall be shown as a dedication to the City of Huntington Beach on the Final Parcel Map: 1) The water system and appurtenances. If the location of the water line cannot be determined, it shall be potholed and located accurately on the parcel map. 2) Access rights in, over, across, upon and through the lot for the purpose of maintaining, servicing, cleaning, repairing, and replacing the water system. 3) Access rights for Police and Fire Department access purposes. ZA Minutes 12/13/00 3 (OOZM1213) b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 2) Provide a digital graphics file of said map to the County of Orange and the City. c. Install a new wheelchair access ramp at the northwest corner of Magnolia Street and Atlanta Avenue per city standards. d. All vehicular access rights to Atlanta Avenue and Magnolia Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. e. A reproducible mylar copy and a print of the recorded parcel map shall be submitted to the Department of Public Works at the time of recordation. 4. The tenant suite at 8871 Atlanta (3,000 square foot tenant space south of Von's located at 8891 Adams) shall not be occupied by an eating or drinking establishment unless additional parking is provided in compliance with the Zoning and Subdivision Ordinance. (Code Requirement) 5. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. The map shall not be released for recordation until the Planning Director and Public Works Director have 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 - TENTATIVE PARCEL MAP NO. 99-212: 1. Tentative Parcel Map No. 99-212 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 99-212 shall become null and void unless exercised within two (2) years of the date of final approval which is December 13, 2002. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Tentative Parcel Map No. 99-212, 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 12/13/00 4 (OOZM1213) 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. 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 Counto of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. 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. ITEM 2: CONDITIONAL USE PERMIT NO.00-70 (WEEKS RESIDENCE): APPLICANT/ PROPERTY OWNER: Sharon M. Weeks, 20651 Kelvin Place, Huntington Beach, CA 92646 REQUEST: To permit four, six-foot high pilasters, wrought iron fencing, and a wooden fence to encroach five feet into the required 15-foot front yard setback. LOCATION: 20651 Kelvin Place (west side of Kelvin Lane between Ellsworth Dr. and Carroll Town Dr.) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans, stating the puWose and location of the request. Staff stated that the intent is to build a front area courtyard, which is a common feature within the tract. Staff recommended the addition of a condition to state that the proposed wooden fence, located along the southerly property line, shall be painted to match the color of the existing pilasters. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the project is in compliance with the General Plan and all code requirements. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that this request is the result of a Code Enforcement activity for non -permitted building. THE PUBLIC HEARING WAS OPENED. Sharon Weeks, 20651 Kelvin Place, applicant, requested reconsideration of condition 3.b, which requires an additional band of brick below the cap of each pilaster. Ms. Weeks stated that the current planters in her yard and throughout the neighborhood have only one row of brick. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that condition 1, which requires a "substantial" amount of landscaping, was subjective and asked if achieving a layered landscaping effect was staffs intent. ZA Minutes 12/13/00 5 (OOZM1213) Ms. Broeren stated that she was going to approve the request with the following modified conditions: 1. Modify condition 1 to state: The applicant shall provide a substantial amount of landscaping, including, but not limited to, grasses, ground cover, shrubs, and vines to achieve a layering effect between the fence and front property line. 2. Delete condition 3.b. 3. Add new condition 3.c. to state: The proposed wooden fence, located along the southerly property line, shall be painted to match the color of the existing pilasters. CONDITIONAL USE PERMIT NO.00-70 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 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. The project consists of minor alterations to a developed residential property involving no expansion of use beyond that existing at the time of the lead agency's determination. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.00-70: 1. Conditional Use Permit No. 00-70 for the establishment and maintenance of four, six-foot high pilasters, wrought iron fencing, and a wooden fence within the front yard setback area (10 feet in lieu of 15 feet) 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 proposed fencing has been designed to compliment the existing single family dwelling through the use of similar colors and materials. Landscaping shall be provided between the fence and front property line to further enhance the proposed improvements. 2. The conditional use permit will be compatible with surrounding uses as several properties within the housing tract have been developed with enclosed courtyards within the front yard. The proposed fence has been designed to enhance the appearance of the property and the use of wrought iron fencing allows for transparency into the proposed courtyard. 3. The proposed Conditional Use Permit No. 00-70 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. A wall in excess of 42 inches in height within the front yard setback is allowed with the approval of a conditional use permit. The wall will comply with the required 10- foot by 10-foot driveway site clearance. 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 Low density on the subject ZA Minutes 12/13/00 6 (OOZM1213) property and the General Plan encourages development of single family residences and associated structures that are designed to be in character with a low -density residential environment. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 00-70: 1. The site plan dated October 19, 2000 shall be modified to depict all proposed fencing materials and shall include landscaping within the front yard setback. The applicant shall provide a substantial amount of landscaping, including, but not limited to, grasses, ground cover, shrubs, and vines to achieve a layering effect between the fence and front property line. 2. Prior to issuance of building permits, the following shall be completed: a. Structural calculations, drawings, details, and a material specification shall be prepared by a licensed engineer to comply with the Uniform Building Code, 1997 edition. (BD) b. Submit a copy of the revised site plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. c. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits and shall be referenced in the index. 3. 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 maximum height for all lighting fixtures and any other decorative features shall not exceed the height of the existing pilasters. Lighting fixtures shall not be attached above the pilasters. c. The proposed wooden fence, located along the southerly property line, shall be painted to match the color of the existing pilasters. 4. The Planning Director shall ensure compliance with all conditions of approval. Written notification shall be required for any changes to the site plan or elevations during 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 BBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 00-70 shall not become effective until the ten calendar day appeal period has elapsed 2. Conditional Use Permit No. 00-70 shall become null and void unless exercised within one year of the date of final approval which is December 13, 2001. An extension of time may be granted by ZA Minutes 12/13/00 1 7 (OOZM1213) 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. 00-70, 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 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 Coun of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 00-09/CONDITIONAL USE PERMIT NO. 00-36: APPLICANT: Chevron Environmental Management,Co., 3100 South Harbor Blvd. Suite 340 Santa Ana, CA 92704 PROPERTY OWNER: Atlanta Huntington Beach LLC., 4100 MacArthur Blvd. Suite 200, Newport Beach, CA 92660 REQUEST: To excavate, temporarily stockpile, and remediate on -site approximately 30,000 cubic yards of contaminated soil (crude oil stained soil). The maximum height for the temporary stockpiles of soil is limited to 8 ft. LOCATION: 21000 Pacific Coast Highway (east side of PCH between Lake St. and Huntington St.) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans, stating the purpose and location of the request. Staff stated that the original application was modified by the applicant to exclude Archeological issue No. 2 area. Staff stated that a number of conditions have been imposed to ensure compatibility with uses in the immediate area. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. The project will be compatible with the existing uses and is temporary in nature with no permanent impact on the existing conditions on the site. One telephone call was received in response to the public notification concerning the maximum height for the stockpiling. No written comments were received. ZA Minutes 12/13/00 8 (OOZM1213) Mary Beth Broeren, Zoning Administrator, confirmed with staff that after the stockpiling and completion of the remediation, the site will be re -graded. THE PUBLIC HEARING WAS OPENED. Ethen Thacher, 4100 MacArthur Boulevard, Suite 200, Newport Beach, representing the property owner, questioned condition no. 1 stating that the Archeological issue No. 2 area has not yet been identified as an archeological site. Mr. Thacher agreed to modification of the condition to reflect exclusion of the N.A.P. area. Jim Forgey, 3100 South Harbor Boulevard, Suite 340, Santa Ana, representing the applicant, requested clarification of conditions no. 2.c, 2.g, 5, 8.b, and 3.1. Ms. Broeren discussed with staff (and the applicant) the potential need to include a condition requiring the application of a polymer binder on stockpiled soil areas because of the nature of remediation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked staff to modify the conditions as follows: No. 1: The site plan, received and dated November 1, 2000 shall be the conceptually approved layout, as modified by the applicant on November 9, 2000 to exclude the N.A.P. area as well as to specifically identify the Archeological issue No. 1 area by the assigned ORA number. No. 2.a add: The plan shall include methods to minimize remediation-related impacts on the surrounding properties as deemed necessary, including but not limited to application of polymer binder on stockpiled soil areas. (PW) COASTAL DEVELOPMENT PERMIT NO.00-09/CONDITIONAL USE PERMIT NO. 00-36 WERE 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) WORKING DAYS. THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 20, 2000 AT 1:30 PM. c; Mar Beth\Broeren Zoning Administrator :rmk ZA Minutes 12/13/00 9 (OOZM1213)