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HomeMy WebLinkAbout2001-08-08MINUTES ® HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 8, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Wayne Carvalho, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: VARIANCE NO. 01-07 (ROBITAILLE SOLARIUM) APPLICANT/ PROPERTY OWNER: Craig G. Robitaille, 21391 Dockside Circle, Huntington Beach, CA 92646 REQUEST: To permit an existing 160 sq. ft. solarium addition with an 8 ft.-4 in. rear yard setback in lieu of 10 ft. LOCATION: 21391 Dockside Circle (north of Hamilton Avenue, west of Bushard Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, 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. No unique conditions are being imposed and a similar variance was approved for an adjacent property. One telephone call was received in favor of the proposed project, and one letter was received expressing opposition to the proposed project because the variance is being requested after -the -fact. Mary Beth Broeren, Zoning Administrator, and staff discussed why the applicant did not build the solarium to comply with the plan as originally approved. THE PUBLIC HEARING WAS OPENED. Craig G. Robitaille, 21391 Dockside Circle, applicant, explained the complications encountered with the previously approved plans. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ® Ms. Broeren stated that based on the unique shape and configuration of the lot, and associated project findings, she was going to approve the request. The applicant agreed to staffs suggestion that the effective date of approval in Condition No. 3 be clarified by including the actual date of September 20, 2001. • VARIANCE NO. 01-07 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 15305 of the CEQA Guidelines, because minor alterations in land use limitations are categorically exempt from environmental review. FINDINGS FOR APPROVAL - VARIANCE NO. 01-07: The granting of Variance No. 01-07 for an existing 160 sq. ft. solarium addition with a 8 ft.-4 in. rear yard setback in lieu of minimum 10 feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. There have been other similar variances approved in the area including a five foot rear setback variance on the adjacent property. 2. Because of special circumstances applicable to the subject property, including size, 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 property is located toward the end of a cul de sac and has a shorter lot depth than standard single family residential lots. Due to the atypical lot size and configuration, the reduced rear yard restricts the design of a usable room addition. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The reduced rear setback will allow for the continued use of the solarium addition in its present location with a reasonable room width of 9 ft.-5 in. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. With the conditions imposed, the one story solarium will not impact the surrounding properties or property values. Landscaping is currently planted between the solarium and rear property line. Furthermore, no second story addition would be permitted within the required 10 foot rear setback. 0 ZA Minutes 08/08/01 2 (01=0808) 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property. In addition it is consistent with the following goals and policies of the General Plan: LU4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. 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. 01-07: 1. The site plan, floor plans, and elevations received and dated April 27, 2001 shall be the conceptually approved layout. 2. Future requests for room additions (ground floor or upper floor) shall comply with rear yard setback requirements specified in the Huntington Beach Zoning and Subdivision Ordinance. 3. All applicable permits (building, electrical, etc.) shall be obtained for the solarium addition within 30 days from effective date of this approval (September 20, 2001). Final building permit approval/inspection shall be completed within 60 days from the issuance of building permit. 4. 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. 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. 6. 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: 1. Variance No. 01-07 shall not become effective until the ten calendar day appeal period has is elapsed. ZA Minutes 08/08/01 3 (O1zm0808) 2. Variance No. 01-07 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. 01-07, 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 Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM-2: CONDITIONAL USE PERMIT NO.01-40 (MIKE'S LIQUOR) APPLICANT: Carl O'Brien, 4941 Warner Avenue, Huntington Beach, CA 92649 PROPERTY OWNER: Arthur Jan, 4911 Warner Avenue, Suite 106, Huntington Beach, CA 92649 REQUEST: To re-establish a convenience market with alcohol sales within an existing retail suite. LOCATION: 4911 Warner Avenue, Suite 105-106 (northeast corner of Warner Avenue and Green Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, 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. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the Police Department has no issues with the proposed project. THE PUBLIC HEARING WAS OPENED. 0 Carl O'Brien, 17822 Falkirk Lane, applicant, presented reasons for the request. ZA Minutes 08/08/01 4 (01zm0808) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE ® REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 01-40 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 15301 of the CEQA Guidelines, because operation and maintenance of existing facilities are exempt from further environmental review. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-40: 1. Conditional Use Permit No. 01-40 for the re-establishment, maintenance and operation of a retail convenience market with alcohol sales located within 300 feet of residential property 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. Based upon the conditions imposed, the market will be provided with ample parking, and will not impact the surrounding ® neighborhood. The market was established in 1982 and had ceased operation requiring this request for re-establishment. No impacts resulting from the re -opening of the market are anticipated. 2. The conditional use permit will be compatible with surrounding uses. The market is located within an existing commercial center which is adjacent to residential property. No additional floor area or exterior alterations are proposed as part of this application. 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 re-establishment of the market will comply with all applicable codes. 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 General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. b. Require that commercial projects abutting residential properties adequately protect the is residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. ZA Minutes 08/08/01 5 (01zm0808) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-40: 1. The site plan, floor plans, and elevations received and dated June 14, 2001 shall be the conceptually approved layout. 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) 3. The structure cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released and issuance of a Certificate of Occupancy until the following has been completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) b. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No. 415. (FD) c. Address numbers will be installed on all structures to comply with Fire Dept. City is Specification No. 428. (FD) d. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. (FD) e. Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimensions of all access roads. (FD) f. Tenant improvement of an automatic fire sprinkler and fire alarm system shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) g. Food preparation fire protection systems shall be submitted as separate plans for permits to the Building and Safety Department for review by the Fire Department. (FD) h. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. i. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. Jb 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. ZA Minutes 08/08/01 6 (Olzm0808) • • 4. The use shall comply with the following: a. Hours of operation shall be limited to the following: Sunday — Thursday 7 AM to 11 PM Friday, Saturday 7 AM to 12 Midnight b. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. c. There shall be no sidewalk advertising of any kind as specified in Chapter 233 Sign Code of the Zoning and Subdivision Ordinance. 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. 6. 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: 1. Conditional Use Permit No. 01-40 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-40 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. 01-40, 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. ZA Minutes 08/08/01 7 (01Zm0808) 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9 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. All signs shall conform to the FlBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. State -mandated school impact fees shall be paid prior to issuance of building permits. 11. A Certificate of Occupancy must be issued by the Planning -Department and Building and Safety Department prior to occupying the building. THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 15, 2001 AT 1:30 PM. Mary eth roeren Zoning Administrator :rmk 0 ZA Minutes 08/08/01 8 (01=0808)