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HomeMy WebLinkAbout2001-03-21MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 21, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Sandra Thornton, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.01-09 (TRUE RESIDENCE) APPLICANT/ PROPERTY OWNER: Debra True, 17171 Westport Dr., Huntington Beach, CA 92649 REQUEST: To permit the construction of a combination 4-ft. high retaining wall and a 74 high block wall with a total height of eleven (11) ft. in lieu of the 42-inch maximum height along the rear property line of a through lot. LOCATION: 17171 Westport Drive (west side of Westport Drive, approximately 45' north of Courtney Lane) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, recommended a continuance to the April 4, 2001 meeting. Staff stated that the additional time would allow for the concurrent processing of Coastal Development Permit No. 01-06 with the Conditional Use Permit and re -advertisement of the request. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 01-09 WAS CONTINUED TO THE APRIL 4, 2001 MEETING WITH THE PUBLIC HEARING OPEN. E ITEM 2 COASTAL DEVELOPMENT PERMIT NO 01-04 (RUNTINGTON STATE BEACH) • APPLICANT/ PROPERTY OWNER: California State Parks, c/o Richard Rozzelle, 3030 Avenida Del Presidente, San Clemente, CA 92672 REQUEST: To permit the construction of new shade structures, ADA access ramps, fire rings, and volleyball courts. LOCATION: 27201 Pacific Coast Highway (Huntington State Beach) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that any loss of sand would be minor. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, asked if the loss of sand was reviewed by the California Coastal Commission. Staff stated that the California Coastal Act encourages recreational access and the loss of sand is very minor. THE PUBLIC HEARING WAS OPENED. Richard Rozzelle, 3030 Avenida Del Presidente, San Clemente, applicant, stated that he was not • aware of any discussions concerning the loss of sand. Mr. Rozzelle stated that some of the loss of sand is due to the ADA requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed that the proposed project would not interfere with the least tern nesting area. COASTAL DEVELOPMENT PERMIT NO. 01-04 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) WORKING DAYS. CEQA DETERMINATION — COASTAL DEVELOPMENT PERMIT NO. 01-04: The State of California has filed a Notice of Exemption with the County of Orange under section 15303 Class 3 which satisfies the requirements of CEQA. • ZA Minutes 03/21/01 2 (Olzm0321) • FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-04: 1. Coastal Development Permit No. 01-04 for the development project, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The General Plan and Local Coastal Program encourage the development of public parks and water -related recreational uses within areas designated as Open Space - Shoreline. The project will provide the public with improved group picnic areas and volleyball courts. The redevelopment and upgrade of an existing public beach area is consistent with the General Plan as well as the Local Coastal Program. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets all development regulations for the Open Space zoning district, including minimum setbacks and maximum height. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure for the proposed development is currently in place and available at the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. This project will perpetuate low cost visitor and recreational facilities as recommended by Chapter 3 of the California Coastal Act and will provide handicapped access to the group picnic and volleyball facilities. ® CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-04: The site plan, floor plans, and elevations received and dated February 5, 2001 shall be the conceptually approved layout. 2. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. ® f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. ZA Minutes 03/21/01 3 (Olzm0321) 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 BBZSO. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1, Coastal Development Permit No. 01-04 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 01-04 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 Coastal Development Permit No. 01-04, 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. 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. 8. 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. is ZA Minutes 03/21/01 4 (O1zm0321) • ITEM 3: CONDITIONAL USE PERMIT NO.01-05 (EXPO DESIGN CENTER) APPLICANT: Riggs Thayer, Expo Design Center, 6912 Edinger Avenue, Huntington Beach, CA 92648 PROPERTY OWNER: Gary Thomas, M&H Partners, 353 Sacramento Street, 21st Floor, San Francisco, CA 94111 REQUEST: To permit: a) temporary outdoor sales within a 40-ft. by 90-ft. tent five times a year, 10 days per event; and b) to permit storage/retail sales along the store frontage during normal business hours. LOCATION: 6912 Edinger Avenue (southwest corner of Edinger Avenue and Goldenwest Street) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the suggested conditions of approval reflect that the event take place four times a year in lieu of the requested five times a year. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One letter was received from a neighboring business owner opposing the hours of the event. Mary Beth Broeren, Zoning Administrator, stated that she received a letter from Vern H. Hart and family whose property borders the parking area. The letter opposed the proposed project and stated is that the event will draw additional traffic thereby causing congestion. THE PUBLIC HEARING WAS OPENED. Jim Stewart, 6882 Edinger, neighboring business owner, expressed concern that the event would cause traffic congestion as well as interruption of the regular businesses. Mr. Stewart stated that five events would be excessive and inquired into the process for a Temporary Activity Permit. Riggs Thayer, 6912 Edinger Avenue, applicant, stated that he has read and agrees to the conditions of approval including Condition No. 2.b, which limits the event to four times a year. Mr. Thayer questioned the nature of the 42-inch high barrier as outlined in Condition No. La. Staff explained the desirability for a barrier that would be permanent in appearance but temporary in nature: THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she has been to the proposed site on several occasions and has observed that parking is an on -going problem. Ms. Broeren asked staff to add a condition as follows: A review of the use shall be conducted by the Staff (Zoning Administrator with report with public hearing) within one (1) year of the date of final approval (March 21, 2002) to verify ® compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. ZA Minutes 03/21/01 5 (Olzm0321) CONDITIONAL USE PERMIT NO. 01-05 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, because it consists of minor alterations of existing facilities involving negligible expansion of use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-05: Conditional Use Permit No. 01-05 for the establishment, maintenance and operation of the temporary outdoor sales within a 40-ft. by 90-ft. tent four times a year, 10 days per event and the storage/retail sales along the store frontage during normal business hours 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 outdoor sales within the tent will be enclosed on three sides to prevent items from being stored outside the tent. This will also ensure that the traffic flow around the tent is not impeded by retail items. The outdoor storage adjacent to the building will be surrounded by a decorative fence to delineate the storage area and to ensure • a 5-foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor storage/retail sales will be located in a manner that will not impede either pedestrian or vehicular traffic. The proposed Conditional Use Permit No. 01-05 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 project complies with all zoning requirements including parking and setbacks. 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. In addition, it is consistent with the following goal of the General Plan: a. Goal LU 7 — Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. • ZA Minutes 03/21/01 6 (01=0321) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-05: • 1. The detailed site plan received and dated February 27, 2001 and the overall site plan dated January 18, 2001 shall be the conceptually approved layout with the following modifications: A 42-inch high barrier shall surround the outdoor retail sales area adjacent to the building. The barrier shall be in the form of a decorative fence, which shall be approved by the Planning Department. b. The tent structure shall be enclosed on three (3) sides to prevent items from being stored outside the perimeter of the tent. 2. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. c. Hours of operation of the temporary outdoor sales within the tent and permanent outdoor sales adjacent to the building shall be limited to the current business hours (Monday — Friday 8AM to 9PM, Saturday 9AM to 7PM, Sunday LOAM to 6PM). d. The temporary outdoor sales within the tent shall be permitted four (4) times a year, ten (10) • days per event. The applicant shall notify the Code Enforcement division in writing ten (10) days prior to each event. e. Only the uses described in the narrative shall be permitted. • f. The applicant shall obtain all applicable permits from the fire department prior to each tent sale. 3. A review of the use shall be conducted by the Staff (Zoning Administrator with report with public hearing) within one (1) year of the date of final approval (March 21, 2002) to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 4. 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 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 03/21/01 7 (O1zm0321) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 0 1. Conditional Use Permit No. 01-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-05 shall become null and void unless exercised within one year of the date of final approval which is March 21, 2002, 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. 01-05, 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. is 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. 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. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 28, 2001 AT 1:30 PM. Marc Beth\Broeren Zoning Administrator :rmk 0 ZA Minutes 03/21/01 8 (01=0321)