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HomeMy WebLinkAbout2001-04-04MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR ® Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 4, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Wayne Carvalho, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: March 7, 14, and 21, 2001 Minutes were approved ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 01-06/CONDITIONAL USE PERMIT NO. 01-09 (CONTINUED FROM THE MARCH 21, 2001 MEETING) (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 7-ft. high block wall with a total height of eleven (11) ft., along the ® rear property line of a through lot, in lieu of the 42-inch maximum height. 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, displayed project plans and photographs 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, and because the proposed project is consistent with the Design Guidelines. Several telephone calls were received in opposition to the request. No written comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she drove to the project site. Ms. Broeren and staff reviewed photographs of block walls and wooden fences in the surrounding area. A general discussion ensued concerning the various heights and condition of the walls and fences. THE PUBLIC HEARING WAS OPENED. Jerry Urner, consultant to the Huntington Harbour Property Owner's Association, stated that the original proposal for the requested project did not have the current configuration. Mr. Urner stated that as long as a City standard is maintained, the HOA will approve the project, provided that it meets with the standard along the rest of the street. He stated that an 18" planter exists on the subject street and a 24" planter on the street in front of it. He stated the City imposed these standards. Ms. Broeren confirmed with staff that the 18" standard is not codified but is a goal that the City is trying to achieve for minimal planter width. 0 Debra True applicant, 17171 Westport Drive, presented photographs of the current site and surrounding area as well as letters from neighboring property owners in support of the proposed project. Ms. True stated that the reason for the wall is to provide security for her child. Carol Garrett, 17163 Roundhill Drive, neighboring property owner, opposed the requested project. Ms. Garrett presented a petition stating that two-thirds of the property owners on Roundhill Drive and one-half of the property owners on Westport Drive oppose the proposed project. Ms. Garrett presented a written statement opposing the request and future construction or replacement of any retaining wall or fence, which includes eliminating setbacks and landscaped embankments. She presented numerous written documents and exhibits in support of their opposition including copies of CC&R's. She stated that the proposed project does not meet the intent of the CC&R's. Peter Shores, 17171 Roundhill Drive, neighboring property owner situated in back of the proposed site, spoke in support of the request. Mr. Shores stated that the wall would allow him privacy as well as security for the applicant's child. Julia Baily, 17151 Westport Drive, neighboring property owner, stated that she had no objection to the proposed project. Elfriede Geiger, 17001 Westport Drive, neighboring property owner, spoke in opposition of the proposed project stating that all future walls would cause a devaluation of their property. Joe Falcon, 17155 Roundhill Drive, neighboring property owner, spoke in opposition of the proposed project based on lack of uniformity with existing walls and no set standard. Christina Yates, 17112 Westport Drive, neighboring property owner, stated that the wall would be an asset if beautified and agreed with the applicant's need for privacy and security for their child. Nancy Winegarden, 17186 Courtney Lane, supported the proposed project stating that the lack of walls in the neighborhood encourages weeds and overgrown ivy in the walkways. Shirley De Heras, 16941 Westport Drive, stated that she opposes further development of walls in the neighborhood. Nicos Tsimerekis, 17161 Westport Drive, stated that he supported the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked Mr. Urner, concerning the letter submitted by the HOA, if the wall with the pilasters at Davenport and Roundhill Drives was agreed to by the HOA. Mr. Urner stated that the design as mandated by the City was approved by the Zoning Administrator. Ms. Broeren and staff discussed the City's Park Tree and Landscape Department's involvement in stars amended recommendation for a minimum two -foot wide planter; the difference in height ZA Minutes 0404/01 2 (01=0404) between the applicant's property and the adjacent property with the block wall; and staffs research whereby a total height of 11 feet is recommended. Ms. Broeren stated that while the City does consider CC&R's, the City does not enforce the CC&R's. Ms. Broeren stated that she appreciates the concern for the inconsistency and non -permitted walls existing in this area. She stated that the City tries to improve the situation while at the same time respecting the property owner's rights, which has been achieved by establishing the landscape planter walls. She explained that an informal standard has been set to evaluate the requests as they come forward to the City Planning Department. Ms. Broeren stated that the wall, as recommended by staff, would result in more rear yard area than the City's minimum rear -yard setback requirement. She stated that aesthetics is a concern; that the landscape planter wall is an improvement over the current situation on the proposed site; and that a precedent has been set for this type of design. Ms. Broeren stated that she would approve the request as recommended by staff. She asked staff to revise the Findings and Conditions of Approval as follows: Add to Finding No. 1: Coastal Development Permit No. 01-06 for the development of a combination 10-foot retaining/block wall as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. Add to Condition No. La: The site plan shall be amended to depict a 24-inch wide planter in front of the proposed block wall. Add to Condition No. J . c: Landscaping shall be distributed throughout the planter with sufficient height and variety of plant material to allow for visual interest. Landscaping shall be subject to the approval of the Planning Department. Add to Condition No. Ld: The applicant shall provide an automated irrigation system to the new planter to allow for a consistent water supply to landscaping. Add Condition No. e: All landscaping shall be maintained in good condition and shall not encroach into the public right of way. COASTAL DEVELOPMENT PERMIT NO. 01-06/CONDITIONAL USE PERMIT NO.01-09 WERE 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) WORKING DAYS. ZA Minutes 0404/01 3 (01zm0404) 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 the establishment and maintenance of a combination block/retaining wall involves negligible or no expansion of use beyond that previously existing, therefore no further environmental review is necessary. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-06: Coastal Development Permit No. 01-06 for the development of a combination 10-foot retaining/block wall as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposal is for a combination block/retaining wall in the rear yard of a through lot. The proposed wall will not negatively impact any public views or access since there are none existing at the subject site. 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. Walls are a permitted use in all zoning districts. The Zoning Code allows a deviation from the standards for height of walls within a required setback subject to the approval of a Conditional Use Permit. All the required findings have been made to allow the increase in block wall height. 3. The proposed development has been provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure is currently in place, therefore, no further improvements to the infrastructure shall be required. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreation exists on the subject site, therefore, no impacts exist. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-09: Conditional Use Permit No. 01-09 for the establishment and maintenance of a combination retaining/block wall 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 wall, as conditioned, will be developed with a landscape planter that will improve the appearance of the block wall along Westport Drive. 2. The conditional use permit will be compatible with surrounding uses because the block wall, as conditioned, will be consistent with other block wall development on properties along Westport Drive. 3. The proposed Conditional Use Permit No. O1-09 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. The Zoning Code allows for a deviation from the height requirements within the required setback area with the approval of a Conditional Use Permit. ZA Minutes 0404/01 4 (O1zm0404) 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 property. In addition, it is consistent with the following goals and policies of the General Plan: a. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b) b. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. (LU 9.2.1.e) The project, as conditioned, will be developed with a 2-foot landscape setback along the adjacent sidewalk which will improve the aesthetics of the streetscape and soften the look of the proposed wall. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-06/ CONDITIONAL USE PERMIT NO. 01-09: 1. The site plan, floor plans and elevations received and dated February 2, 2001 shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to depict a 24-inch wide planter in front of the proposed block wall. ® b. The site plan shall depict colors and building materials proposed. The type of block shall be compatible with adjacent properties and shall be subject to approval of the Planning Department. c. The site plan shall indicate the type and spacing of landscaping within the required 2-foot landscape planter. Landscaping shall be distributed throughout the planter with sufficient height and variety of plant material to allow for visual interest. Landscaping shall be subject to the approval of the Planning Department. d. The applicant shall provide an automated irrigation system to the new planter to allow for a consistent water supply to landscaping. e. All landscaping shall be maintained in good condition and shall not encroach into the public right of way. f. The applicant shall provide a section drawing which clearly depicts an 18-inch high planter wall, a two foot landscape planter, the proposed 10-foot retaining/block wall, and the amount of fill which will retained by the proposed wall. 2. Prior to submittal for building permits, the following shall be completed: a. 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). ZA Minutes 0404/01 5 (O1zm0404) b. All drains must be shown on the site plan, Show type, size, location, and discharge. (BD) 3. Prior to final building inspection and approval, the following shall be completed: is 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 unusable material, shall be disposed of at an off -site facility equipped to handle them. c. All existing mature trees that are to be removed shall be replaced at a 2 to 1 ratio with a 36" box tree or palm equivalent (13' —14' of trunk height for Queen Palms and 8' — 9' of brown trunk). (PW) 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, 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. Coastal Development Permit No. 01-06/Conditional Use Permit No. 01-09 shall not become effective until the ten working day appeal period has elapsed. 2. Coastal Development Permit No. 01-06/Conditional Use Permit No. 01-09 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. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 01- 06/Conditional Use Permit No. 01-09, 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. 0 ZA Minutes 0404/01 6 (01zm0404) 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. 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. ITEM 2: TEMPORARY USE PERMIT NO. 01-04_(NAUTICAL POINT MODEL HOMES APPLICANT/ PROPERTY OWNER: Grant Fluegge, Lennar Homes of California, 24800 Chrisanta Dr., Suite 100, Mission Viejo, CA 92691 REQUEST: To allow the temporary establishment of a model home complex and sales office trailer within an approved single family subdivision. LOCATION: Southwest corner of Palm Avenue and Goldenwest Street, within the Boardwalk development PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed project plans stating the purpose, location and zoning of the ® requested project. Staff recommended approval of the project based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Grant Fluegge, 24800 Chrisanta Dr., Suite 100, Mission Viejo, applicant, requested clarification of Condition No. l.d. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE 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) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment. Mitigated Negative Declaration No. 98-8 was previously prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines and the City Council found that the project, which involves the construction of single family homes, as mitigated, will not have a significant effect on the environment. The temporary use of the property as a model home complex is ZA Minutes 0404/01 7 (O1zm0404) categorically exempt pursuant to Class 4, Section 15304 of the California Environmental Quality Act which states that minor temporary uses of land, having negligible or no permanent effects on the environment, do not require any further environmental review. • FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 01-04: 1. Temporary Use Permit No. 01-04 for the establishment, maintenance and operation of the model home complex and sales trailer 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 use is temporary and is consistent with the character of the development in the area. Ample parking and directional signage will be provided for the use. Adequate dust control measures will be taken pursuant to recommended conditions of approval. Customer and construction traffic interference will be minimized to the satisfaction of the Public Works Department. 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Palm Goldenwest Specific Plan, 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 request is allowed by approval of the entitlement and all code requirements will be met including the provision of adequate parking. 4. The granting of the temporary use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Horizontal -Specific Plan (MH-sp) on the subject property. CONDITIONS OF APPROVAL —TEMPORARY USE PERMIT NO. 01-04: 1. The site plan, floor plans, and elevations received and dated February 14, 2001 shall be the conceptually approved layout with the following modifications: a. Building setbacks, siting, and design shall comply with Tentative Tract Map 15795, Coastal Development Permit No. 00-01, and Conditional Use Permit No. 00-68. b. The trap fence shall be limited to a maximum height of 42 inches. (Code Requirement) c. The project identification sign shall be located outside the 25-foot by 25-foot corner visibility cut off. All other signs near or adjacent to a driveway must be located outside the 10-foot by 10-foot driveway corner visibility cut off. (Code Requirement) d. All structures over 5,000 sq. ft. in size shall be equipped with an automatic fire sprinklers and alarms. Shop drawings shall be submitted at the Building Department and approved by the Fire Department prior to system installation. (FD) 0 e. Model identification flags shall be limited to a maximum of five. Flag locations shall be identified on the building permit plans. ZA Minutes 0404/01 8 (01=0404) • f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. g. The driveway entrance to the parking lots shall be a minimum of 27 feet wide. (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. b. Show security provisions for the site in compliance with Huntington Beach Fire Department Standard 426 for all gates, locks, fencing, telephones, construction parking, and phasing. (FD) 3. Prior to issuance of building permits, a $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval and all Code requirements. 4. Fire hydrants shall be installed prior to combustible materials delivery. Prior to installation shop drawings shall be submitted at the Building Department and approved by the Fire Department. Indicate hydrant locations and fire department connections. (FD) ® 5. During construction and grading operations, the applicant shall: 0 a. Wet down areas in the late morning and after work is completed for the day. b. Use low sulfur fuel (.05%) by weight for construction equipment. c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during first stage smog alerts. e. Water trucks shall be available on the site and shall be used throughout the day in areas where the vehicles travel and the soils are processed to keep the soils damp enough to prevent dust raised by the construction activity. f. All haul trucks shall arrive at the site no earlier than 8:00 a.m., or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. g. Construction equipment shall be maintained in peak operating condition to reduce emissions. h. Truck idling shall be prohibited for periods longer than 10 minutes. ZA Minutes 0404/01 9 (OlzmO404) i. All haul trucks shall be covered prior to leaving the site to prevent dust from impacting the surrounding areas. • j. Wind barriers shall be installed along the perimeter of the site. 6. Prior to final building permit inspection and approval and commencement of use, the following shall be completed: a. The on -site street system between (and including) the entryway and the farthest model home shall be completed prior to commencing sales operations. This includes, but is not limited to, signs, striping, and activation of street lighting. (PW) b. All facilities shall be accessible as defined by the Americans with Disabilities Act. (PW) c. Interference between customer and construction traffic shall be minimized to the extent feasible, to the satisfaction of the Traffic Division. (PW) d. Roadways and fire hydrants shall be paved and in service prior to the existence of combustibles on -site. (FD) e. Fire lanes shall be designated and posted to comply with City Specification No. 415. (FD) f. A Fire Protection and Access Plan shall be submitted to the Fire Department in compliance with City Specification No. 426. (FD) g. Address numbers shall be installed to comply with City Specification No. 428. (FD) h. Security gates shall be designed to comply with City Specification No. 403. (FD) Secondary emergency access gates must be secured with KNOX and homeowner hardware. (FD) j. Fire extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification No. 424. (FD) k. 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. 7. The model home sales office shall be discontinued within 30 days following the close of escrow of the last unit and shall not be expanded into a general business office for the contractor or developer. (Code Requirement) 8. The temporary trailer sales office shall not be converted or expanded into a general business office for the contractor or developer. The applicant shall remove the temporary trailer from the subject site within 30 days following final building permit inspection and approval for the model home complex. ZA Minutes 0404/01 10 (Olzm0404) 9. Temporary signs and flags shall be permitted as part of the temporary use permit. The signs and ® flags shall be removed upon the close of escrow of the last unit. 10. All conditions of approval of Tentative Tract Map No. 15795, Coastal Development Permit No. 00-01, and Conditional Use Permit 00-68 shall remain in effect. 11. 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: Temporary Use Permit No. 01-04 shall not become effective until the ten calendar day appeal period has elapsed. 2. Temporary Use Permit No. 01-04 shall become null and void unless exercised within one year of the date of final approval which is April 4, 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 Temporary Use 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. 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. 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 is Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. ZA Minutes 0404/01 11 (01=0404) 9. The project shall comply with all provisions of the HBFC and City Specification No. 422, Well Abandonment, and HBMC Section 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. is THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 11, 2001 AT 1:30 PM. Ma Bet Broeren Zoning Administrator rmk n U • ZA Minutes 0404/01 12 (01=0404)