HomeMy WebLinkAbout2001-07-18MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
® Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JULY 18, 2001 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Paul Da Veiga, Ron Santos, Amy Wolfe, Ramona Kohlmann
(recording secretary)
MINUTES: June 20, 2001 Minutes were approved
ORAL COMMUNICATION: None
ITEM 1: CONDITIONAL USE PERMIT NO. 01-28 (VON'S ADDITION AND REMODEL)
APPLICANT: Lester Paley, 12410 Burbank Blvd., North Hollywood, CA 91607
PROPERTY OWNER: Watt Family Trust, 2716 Ocean Park Blvd.,
REQUEST: To allow a 14,976 sq. ft. expansion to an existing Von's supermarket.
LOCATION: 8891 Atlanta Boulevard (northwest corner of Magnolia Street and
® Atlanta Avenue)
PROJECT PLANNER: Paul Da Veiga
Paul Da Veiga, Staff Planner, displayed project plans, photographs and color samples stating the
purpose, location, surrounding uses, and zoning of the requested project. Staff stated that the
applicant revised the plans in response to staff s recommendations concerning a decorative trellis
element and extension of the landscape planter.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report. A late communication was received from Micole Schwantes, 21011
Kausch Circle, neighboring property owner, opposing the proposed project and expressed concerns
regarding increased lighting and noise.
Mary Beth Broeren, Zoning Administrator, staff and the applicant discussed the landscaping and
layout of the trees. Ms. Broeren confirmed with staff that the tenants of the shopping center were
notified.
THE PUBLIC HEARING WAS OPENED.
Lester Paley, 12410 Burbank Blvd., North Hollywood, applicant, requested clarification of Condition
No. 6.b.
isRichard Chavez, representing Von's, responded to Ms. Broeren's questions concerning the monument
sign and landscaping.
Discussion ensued with Ms. Broeren, the applicant and staff concerning condition nos. 2.a.1, 2.e and
6.b.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE •
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren stated that because the applicant intends to change the signage and the entranceway, and
because of outstanding issues with Public Works and whether or not the site plan is actually going to
be viable, she was going to continue the item. She stated that this would allow the applicant time to
discuss outstanding issues with Public Works to ensure that they are still going to have a site that
meets parking and landscaping requirements.
CONDITIONAL USE PERMIT NO.01-28 WAS CONTINUED TO THE DULY 25, 2001
MEETING.
ITEM 2: VARIANCE NO. 01-09 (FUSCO RESIDENCE
APPLICANT: The Louie Group, 19092 Callaway Circle, Huntington Beach, CA
92648
PROPERTY OWNER: Leisa Fusco, 1900 E. Ocean Blvd., Suite 1212, Long Beach, CA 90802
REQUEST: To construct a single family residence with one (1) ft. in lieu of three
and two tenths (3.2) ft. side yard building setback. The variance request
includes a review and analysis for compliance with the Infill Lot
Ordinance. The Infill Lot Ordinance encourages adjacent property
owners to review proposed development for compatibility/privacy
issues, such as window alignments, building pad height, and floor plan
layout.
LOCATION: 609 Frankfort (north side of Frankfort Avenue between Hill Avenue and
Delaware Street)
PROJECT PLANNER: Amy Wolfe
Amy Wolfe, Staff Planner, displayed project plans stating the purpose, location and zoning of the
requested project. Staff stated that the request is consistent with other requests in the immediate area,
which have been approved by the Zoning Administrator. The City recently approved the construction
of an adjacent single family residence.
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 Edward Scott, 607 Frankfort Avenue,
neighboring property owner. The letter expressed concern related to the pad being raised when the fill
is placed thereby affecting light and privacy on his property.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that Mr. Scott at 607 Frankfort
Avenue lives adjacent to the side of the home that does not require the setback variance. Ms. Broeren
also confirmed with staff that the variance for the proposed reduced setback is next to a residence
located at 611 Frankfort Avenue, which recently received approval for a reduced inside setback
variance.
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® THE PUBLIC HEARING WAS OPENED.
Louie Hernandez, 19092 Callaway Circle, applicant, stated that he was present and available to answer
questions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
VARIANCE NO. 01-09 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 15303 of the CEQA Guidelines, because the project involves construction of a single-family
residence within an urbanized area.
FINDINGS FOR APPROVAL - VARIANCE NO. 01-09:
1. The granting of Variance No. 01-09 to allow the construction of a single family residence with one
® (1) ft. in lieu of three and two tenths (3.2) ft. side yard building setback will not constitute a grant
of special privilege inconsistent with limitations upon other properties in the vicinity and under an
identical zone classification. Other variances have been approved for reduced side yard setbacks
for similar shaped lots within the same neighborhood and zoning classification.
2. Because of special circumstances applicable to the subject property, including shape and location
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. The subject lot
tapers approximately 11 ft. between the front and the rear property line resulting in an
approximately lot width of 20.72 ft. along the rear property line. Due to the tapered shape of the
lot, the reduced rear yard width substantially limits the construction of a standard 19 ft. wide
attached two -car garage with alley access.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. Due to the narrowness of the rear of the lot, the home would be required to be
moved forward to accommodate the minimum side yard setbacks, which would result in a
driveway of approximately 40 feet, substantially reducing the buildable area of the lot.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. Minimum side yard setbacks will be maintained on one
side allowing for emergency access into the rear yard. Adequate distance between habitable areas
® on the subject property and adjacent lots will be maintained.
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5. The granting of the variance will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of Residential Medium High Density (RMH-25-d) on the subject •
property. In addition it is consistent with the following goals and policies of the General Plan:
a. LU4.2.4 Require that all development be designed to provide adequate space for access,
parking, supporting functions, open space, and other pertinent elements.
b. LU 15.5 Ensure that development achieves the visual and physical character intended for the
district in which it is located.
CONDITIONS OF APPROVAL — VARIANCE NO. 01-09:
1. The site plan, floor plans, and elevations received and dated May 3, 2001 shall be the conceptually
approved layout.
2. Prior to issuance of grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department
of Public Works for review and approval. The following improvements shall be incorporated
into the grading plan: (PW)
1) Curb, gutter, and sidewalk along the property frontage on Frankfort.
2) Removal and reconstruction of the existing drainage outlet box.
3) Construction of a new sewer lateral.
4) Repave half -width of existing alley plus the additional 2.5-foot alley dedication/
5) A new domestic water service and meter, shall be installed per Water Division standards,
and sized to meet the minimum requirements set by the Uniform Plumbing Code and
Uniform Fire Code. The domestic water services shall be a minimum of one -inch in size.
6) The existing water service and meter shall be abandoned per Water Division standards.
b. A detailed soils analysis shall be prepared by a licensed engineer and submitted for reference
only.
3. Prior to submittal for building permits, the following shall be completed:
Zoning entitlement conditions of approval shall be printed verbatim on one of the first three
pages of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The
minimum font size utilized for printed text shall be 12 point.
b. All Fire Department requirements shall be noted on the building plans. (FD)
c. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the
building permit application. This analysis shall include on -site soil sampling and laboratory
testing of materials to provide detailed recommendations regarding: grading, foundations,
retaining walls, streets, utilities, and chemical and fill properties of underground items including
buried pipe and concrete and the protection thereof. (Code Requirement)
•
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4. Prior to issuance of building permits, the applicant shall dedicate 2.50 feet along the rear of the
is subject property adjacent to the alley to the City of Huntington Beach (PW) (Code
Requirement):
5. 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.
6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities
cannot be released until the following has been completed:
a. All improvements to the property shall be completed in accordance with the approved plans
and conditions of approval specified herein, including:
1) A fire alarm system will be installed to comply with Huntington Beach Fire Department and
Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the
Fire Department prior to installation. The system will provide the following:
a) manual pulls;
b) water flow, valve tamper and trouble detection;
c) 24 hour supervision; and
d) voice communication (FD)
2) Address numbers will be installed on all structures to comply with Fire Dept. City
Specification No. 428. (FD)
3) Fire hydrants shall be provided in number and at locations specified by the Fire
Department. They must be installed before combustible construction begins. Prior to
installation, shop drawings shall be submitted to the Public Works Department and
Is approved by the Fire Department. (FD)
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4) An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations if the Fire Department deems necessary. Shop drawings shall be
submitted and approved by the Fire Department prior to system installation. (FD) •
5) All improvements shown on the grading plan and conditions of approval shall be
completed.
b. Compliance with all conditions of approval specified herein shall be accomplished and verified
by the Planning Department.
c. 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 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 Planning Commission's action and the conditions herein. If the proposed changes are
of a substantial nature, an amendment to the original entitlement reviewed by the Planning
Commission may be required pursuant to the Huntington Beach Zoning and Subdivision
Ordinance.
8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Variance No. 01-09 shall not become effective until the ten calendar day appeal period has
elapsed.
2. Variance 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.
3. The Zoning Administrator reserves the right to revoke Variance 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.
ZA Minutes 07/18/01 6 (O1zmO718)
is Exemption
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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of
Occupancy. (PW)
9. State -mandated school impact fees shall be paid prior to issuance of building permits.
10. An encroachment permit shall be required for all work within the right-of-way. (PW)
11. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision
Ordinance).
ITEM 3: CONDITIONAL USE PERMIT NO. 01-03 (BOLSA/GOLDENWEST WIRELESS)
APPLICANT:
Wendy Nowak, Compass Telecom Services, 17870 Skypark Circle,
Suite 102, Irvine, CA 92614
PROPERTY OWNER:
L. C. Smull, 17631 Fitch, Irvine, CA 92641
REQUEST:
To: (a) install, operate and maintain a wireless communications facility
®
consisting of a 50 ft. tall monopole, associated equipment and masonry
equipment enclosure; and (b) convert 6 standard size parking stalls to
compact, at an existing shopping center.
LOCATION:
6952 Bolsa Avenue (south side of Bolsa Avenue, west of Goldenwest
Street)
PROJECT PLANNER:
Ron Santos
Ron Santos, Staff Planner, displayed project plans, elevations, and photographs stating the purpose,
location and zoning of the requested project. Staff stated that the Design Review Board (DRB)
reviewed the proposed project and recommended approval with the conditions as outlined in the staff
report. Staff recommended approval of the request 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.
Mary Beth Broeren, Zoning Administrator, stated that she was in attendance at the DRB meeting and
asked staff reason for proposing the alternating compact versus standard parking stalls. Staff stated
that the intent was to increase the amount of space between any two parking spaces.
THE PUBLIC HEARING WAS OPENED.
Wendy Nowak, Compass Telecom Services, 17870 Skypark Circle, Suite 102, Irvine, applicant, did
not agree with Condition No. Lc and presented reasons thereof. Ms. Nowak presented questions
® concerning condition nos. Lf and Lg and asked staff for further direction.
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THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED. •
Ms. Broeren asked what staffs intent was concerning the trunk of the proposed monopalm as
reflected in Condition No. 1.g. Staff indicated that the intent was to ensure that the trunk was
texturized and not just a metal pole. Ms. Broeren asked staff to confer with Public Works concerning
Condition No. I She asked staff to delete Condition No. l.c stating that the overall benefit gained is
minimal.
CONDITIONAL USE PERMIT NO.01-03 WAS 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) 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 15303 of the CEQA Guidelines, because the project consists of the installation of a small new
facility and associated equipment.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-03:
Conditional Use Permit No. 01-03 to (a) install, operate and maintain a wireless communications
facility consisting of a 50 ft. tall monopole, associated equipment and masonry equipment
enclosure; and (b) convert 6 standard size parking stalls to compact, at an existing shopping
center, 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 antenna structure is designed to simulate the appearance of a palm tree, and will be
partially screened by the live palm tree that will be planted in an adjacent planter. The facility will
not generate noise, traffic or other impacts detrimental to surrounding property.
The total number of existing parking spaces in the shopping center will be maintained. The
percentage of compact parking spaces will increase from 1.1 percent to 2.7 percent and will be in
compliance with the maximum number of compact spaces permitted (20%) by the HBZSO.
2. The proposed facility will be compatible with surrounding uses because the antenna structure will
be designed to simulate the appearance of a palm tree and the equipment enclosure will be
constructed of materials compatible with those used on existing buildings in the shopping center.
The proposed conversion of six standard parking stalls to compact will not diminish the availability
of parking spaces in the shopping center.
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 proposed 50 ft. high antenna structure will comply with the 50 ft. height limit
applicable in the subject zoning district. The proposed percentage of compact parking spaces will
comply with the maximum percentage allowed by the HBZSO.
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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 CG-FI on the subject property. In addition,
it is consistent with the following goals and policies of the General Plan:
a. L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility
infrastructure and public services.
b. U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities where they
encroach upon view corridor or are visually incompatible with their surrounding uses.
c. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are
provided.
d. U. 5.1.1: Continue to work with service providers to maintain current levels of service and
facilitate improved levels of service.
The proposed facility will improve wireless communications in the community by providing greater
coverage. In addition, the proposed simulated palm tree design, screening and use of building
materials will minimize project visual impacts. The conversion of standard size parking stalls to
compact will facilitate installation of the proposed wireless communications facility.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-03:
1. The site plan, floor plans and elevations received and dated June 7, 2001 shall be the conceptually
approved layout with the following modifications:
a. Plans and elevations shall be consistent with plans and elevations approved by the Design
Review Board on July 12, 2001 and maintained in case file DRB No. 0 1- 19 as Exhibit "A".
b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
c. 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.
d. The species of palm tree selected for planting in the planter adjacent to the proposed antenna
structure shall closely resemble the proposed "monopalm", and shall be the same species as
those existing on the property, to the satisfaction of the Public Works Department Parks Tree
and Landscape Division. (DRB)
e. The "trunk" of the proposed "monopalm" shall be colored and textured to closely resemble the
appropriate species of palm tree. A photograph, material sample or other suitable exhibit
depicting the proposed color and texture shall be submitted to the Planning Department for
review and approval prior to issuance of building permits. (DRIB)
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three
pages of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The
minimum font size utilized for printed text shall be 12 point.
b. All Fire Department requirements shall be noted on the building plans. (FD)
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3. Prior to issuance of building permits, the following shall be completed:
a. A detailed equipment compound contents list shall be submitted for Fire Department review
and approval. (FD)
b. A landscape and irrigation plan for the proposed landscape planter shall be submitted to the
Public Works Department for review and approval. (PW)
4. The final building permit(s) cannot be approved until the following has been completed:
a. All improvements to the property shall be completed in accordance with the approved plans
and conditions of approval specified herein, including:
1) Landscaping;
2) Address numbers will be installed on all structures to comply with Fire Dept. City
Specification No. 428; (FD)
3) Service roads and fire lanes, as determined by the Fire Department, shall be designated and
posted. (FD)
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.
e. Before activating its facility, the applicant shall submit to the Planning Department a post -
installation test to confirm that the facility does not interfere with the City of Huntington Beach
Public Safety radio equipment. This test will be conducted by the Communications Division of
the Orange County Sheriff s Department or Division -approved contractor at the expense of the
applicant.
5. 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. (FD)
b. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City
of Huntington Beach from having adequate spectrum capacity on the City's 800 MHz radio
frequency. The applicant shall cease operation of any facility causing interference with the
City's facilities immediately upon the expiration of the 24-hour cure period until the cause of
the interference is eliminated. Failure to cease such operation shall result in automatic
suspension of this permit.
6. 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 Planning Commission's action and the conditions herein. If the proposed changes are
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of a substantial nature, an amendment to the original entitlement reviewed by the Planning
® Commission may be required pursuant to the Huntington Beach Zoning and Subdivision
Ordinance.
7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Conditional Use Permit No. 01-03 shall not become effective until the ten calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 01-03 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. 01-03,
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
Planning and Public Works for Code requirements. Substantial changes may require approval by
the Zoning Administrator.
9. An encroachment permit shall be required for all work within the right-of-way. (PW)
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ITEM 4• CONDITIONAL USE PERMIT NO. 01-35 (DI PAOLO FENCE) •
APPLICANT/
PROPERTY OWNER: David Di Paolo, 15461 Shasta Lane, Huntington Beach, CA 92647
REQUEST: To construct a 6-ft. 8-in., in lieu of the 3-ft. 6-in., high masonry fence
within the front yard setback area, and allow it to encroach into the
required vision clearance triangle at a driveway/street intersection.
LOCATION: 15461 Shasta Lane (west side of Shasta Lane at intersection of
McFadden Avenue and the 405 Freeway)
PROJECT PLANNER: Ron Santos
Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and
zoning of the requested project. Staff reviewed site plan and elevation modifications as reflected in the
staff report. Staff recommended approval of the request 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.
David Di Paolo, 15461 Shasta Lane, applicant, presented an aerial view of the proposed project and
photographs of the wood fence that was in existence when he purchased the property. Mr. Di Paolo
spoke in support of the proposed project stating that visibility from the driveway has never been a
problem for either him or passing traffic. •
Mary Beth Broeren, Zoning Administrator, and Mr. Di Paolo discussed the property line and
landscaping. Mr. Di Paolo stated that when he was notified concerning the non -permitted wall'he
decided not to do the landscaping until the wall issue was resolved. A discussion ensued concerning
staffs recommended modifications to the site plan and elevations as well as visibility requirements.
Ted Lane, 15422 Cascade Lane, neighboring property owner, stated that he was present to express
support of the proposed project. He stated that it was good to see a neighbor trying to improve his
property.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren confirmed with staff that a permit was not issued for the existing masonry fence and that
the request is a result of a Code Enforcement action. Ms. Broeren and staff discussed the reason for
not requiring landscaping in front of the wall as dictated by the City whenever a wall is built at a
sidewalk.
Ms. Broeren addressed the dangers and potential for liability to the applicant as well as the City where
a driveway lacks visibility. Ms. Broeren stated that she was going to approve staff s recommendation,
in part, by allowing the portion of the wall that is 6' 8" in height to remain. She stated that the •
applicant will be required to comply with the visibility triangle of 10 x 10, relocate a portion of the
wall, and landscape for safety purposes. She asked staff to delete Condition No. La.
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Ms. Broeren presented options to the applicant and advised that the City has, on occasion, allowed
® walls within a triangle by installing a combination solid wall with wrought iron to allow visibility. She
stated that if the applicant wished to pursue this option, revised plans would have to be submitted.
Ms. Broeren suggested that the item be continued to allow the applicant time to consider her
suggestions and work with staff in reaching a compromise.
Mr. Di Paolo stated that he did apply for a permit for the existing masonry block wall and his plans
were denied. He indicated that in view of the fact that the wooden fence was in existence when he
bought the home, he could not comprehend why he couldn't build the masonry block wall.
Ms. Broeren explained the permit process as well as Code Enforcement's function. She stated that it
is the City's responsibility to ensure development is in accordance with Code. She stated that the wall
built by the applicant did not comply with the code thus his initial request for a permit was denied.
Ms. Broeren presented further options that would allow visibility while retaining some privacy.
The applicant stated that he did not wish to have the item continued and stated that he preferred to
have the item approved today so he can go forward with an appeal to the Planning Commission.
CONDITIONAL USE PERMIT NO. 01-25 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.
is 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 15303 of the CEQA Guidelines. The project consists of construction of a small accessory
structure.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-35:
Conditional Use Permit No. 01-35 to construct a 6 ft., in lieu of the 3-ft. 6-in., high masonry fence
within the front yard setback area 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 fence, as conditioned, will maintain public safety by providing the
required vision clearance at the driveway/street intersection. The use of masonry construction and
implementation of a condition requiring installation of a landscaped planter in the required vision
clearance triangle area will ensure that property values will not be negatively impacted.
2. The conditional use permit will be compatible with surrounding uses. The proposed fence will be
similar to fences constructed along the street side property line of other corner parcels within the
vicinity. The project site will maintain an unfenced street frontage width which will be consistent
with that provided on other properties in the immediate area.
3. The proposed fence 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
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Zoning and Subdivision Ordinance authorizes deviations from fence height restrictions with
approval of 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 RL (Residential Low Density) on the subject
property. In addition, it is consistent with the following goals and policies of the General Plan:
a. L.U. 4.2: Ensure that structures and sites are designed and constructed to maintain their long-
term quality.
b. L.U. 7.1.2: Require that development be designed to account for the unique characteristics of
project sites and objectives for community character as appropriate.
c. L.U. 9.2.1: Require that all new residential developments within existing residential
neighborhoods be compatible with existing structures, including the maintenance of the
predominant or median existing front yard setbacks.
The proposed fence will allow the establishment of a private yard area consistent with that
typically available to owners of single-family dwellings, while maintaining the predominant
setbacks found in the immediate area. The use of masonry will ensure that the proposed fence will
maintain its long-term quality.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.01-35:
1. The site plan and elevations received and dated June 5, 2001 shall be the conceptually approved
layout with the following modifications:
a. All portions of the proposed fence located within a triangular area formed by measuring ten
feet from the intersection of the driveway and the public sidewalk, in accordance with the
requirements of Section 230.88 (C.3) of the Huntington Beach Zoning and Subdivision
Ordinance, shall be deleted. The required vision clearance triangle shall be identified and
dimensioned on the site plan.
b. All portions of the yard within the required vision clearance triangle shall be fully landscaped.
c. The triangular portion of the yard located on the south side of the proposed fence, between the
public sidewalk and the west property line, shall be fully landscaped with a combination of low -
maintenance shrubs and ground cover.
d. A plan specifying proposed planting in required landscape areas shall be submitted to the
Planning Department and the Public Works Department — Park Tree & Landscape Division for
review and approval.
2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed
verbatim on one of the first three pages of all the working drawing sets used for issuance of
building permits. The minimum font size utilized for printed text shall be 12 point.
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3. Prior to issuance of building permits, the following shall be completed:
a. 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 which identifies the location, type, size and quantity of all
proposed plant materials; an irrigation plan; and a copy of the entitlement conditions of
approval. One 36-inch box tree (minimum size) shall be incorporated into the project's
landscape plan. (PW)
b. Building permits shall be obtained for the fence installed without permits or shall be removed
within 15 days from the effective date of this approval.
4. The final building permit(s) cannot be approved until all improvements to the property have been
completed in accordance with the approved plans and conditions of approval specified herein,
including landscaping.
5. Compliance with all conditions of approval specified herein shall be accomplished and verified by
the Planning Department.
6. 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 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 Planning Commission's action and the conditions herein. If the proposed changes are
of a substantial nature, an amendment to the original entitlement reviewed by the Planning
Commission may be required pursuant to the Huntington Beach Zoning and Subdivision
Ordinance.
8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
Conditional Use Permit No. 0 1-3 5 shall not become effective until the ten -calendar day appeal
period has elapsed.
2. Conditional Use Permit No. 01-35 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. 01-35,
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.
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4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits. 0
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
Planning and Public Works for Code requirements. Substantial changes may require approval by
the Zoning Administrator.
9. An encroachment permit shall be required for all work within the right-of-way. (PW)
THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, JULY 25, 2001 AT 1:30 PM.
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Ma Beth Broeren
Zoning Administrator
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ZA Minutes 07/18/01 16 (01zm0718)