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HomeMy WebLinkAbout2001-10-31MINUTES ® HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 31, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren Mike Strange, Acting (Item No. 3) STAFF MEMBER: Ron Santos, Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: July 11, 2001 September 19 and 26, 2001 October 3, 2001 Minutes continued from the October 17, 2001 meeting were approved ORAL COMMUNICATION: None is ITEM 1: CONDITIONAL USE PERMIT NO. 01-58 (BUSHARD STREET GAME CENTER) APPLICANT: Steven J. Agan, 3920 Baja Vista Drive, Oceanside, CA 92054 PROPERTY OWNER: Manager Services, Inc., 1425 Foothill Blvd #200, Upland, CA 91780 REQUEST: To permit the establishment and operation of a game center providing onsite computer use/rental with Internet access. LOCATION: 19043 Bushard Street (west side of Bushard Street, between Garfield Avenue and Litchfield Drive) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the proposed project meets all requirements of the City's Zoning Ordinance for a gaming center as outlined in the suggested conditions of approval. 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 three neighboring tenants expressing concerns regarding potential loitering by teenagers on the premises thereby creating a negative impact on their businesses. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff discussed the parking standards and the previous use of the subject site. u THE PUBLIC HEARING WAS OPENED. Rhonda Dunckel, 19031 Bushard Street, neighboring tenant, expressed major security and safety concerns regarding young inexperienced drivers in the parking lot. Tina Nguyen, 19055 Bushard Street, neighboring tenant, expressed the same concerns for safety as stated above. Ms. Nguyen stated that the center is designed for retail uses and not for entertainment. Michael Radenalier, 19001-19061 Bushard Street, building manager of the shopping center expressed concerns regarding parking and security. Mr. Radenalier stated that the original application was for Internet access and not for a gaming center. Ms. Broeren asked if the applicant and the owner had entered into a lease agreement. Mr. Radenalier stated that the proposed project is not consistent with the original intent and that the burden of security is now placed on the surrounding tenants. Chung Lee, Manager, Red Pincher Corp, 975 S. Vermont Ave #204, Los Angeles, spoke on behalf of the request and addressed the concerns expressed above. Mr. Lee stated that the center would serve as a research source for students as well as providing an Internet service to the public. Mr. Lee stated that they have eight similar businesses throughout Orange County and no current problems exist with these businesses. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. • Ms. Broeren stated that given the fact that the property owner and the applicant are not in agreement with the use of the proposed project, and in view of the concerns expressed by the tenants, she was going to continue the item to allow the applicant and the property owner time to reach a contractual agreement. CONDITIONAL USE PERMIT NO.01-58 WAS CONTINUED TO THE NOVEMBER 14, 2001 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: COASTAL DEVELOPMENT PERMIT NO.01-20 (TWOMEY RESIDENCE APPLICANT: Gary Gardner, 801 East Santa Ana Canyon Road #100-104, Anaheim, CA 92808 PROPERTY OWNER: Daniel and Pauline Twomey, 17036 Marinabay Drive, Huntington Beach, CA 92645 REQUEST: To permit a 541 square foot second -story addition to an existing two- story single-family residence. LOCATION: 17036 Marinabay Drive (north side of Marinabay Drive, east of Coral Cay Lane) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that a motor court has been proposed in the front yard setback consisting of sections of concrete with grass divider strips in between. ZA Minutes 10/31/01 2 (OlzmlO31) 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 complies with all Development Standards and Findings of Approval. Mary Beth Broeren, Zoning Administrator, asked staff if a condition has been included that would prohibit the applicant, in the future, from placing concrete over the grass strips of the proposed motor court. Staff indicated that such a condition has not been included. THE PUBLIC HEARING WAS OPENED. Gary Gardner, 8018 East Santa Ana Canyon Road #100-104, Anaheim, applicant, stated that they do not intend to replace the grass strips with concrete. Ms. Broeren and the applicant discussed the landscaping and confirmed that the front hedge would screen the motor court. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Discussion ensued with Ms. Broeren and the applicant concerning the landscaping in the front setback and the intent of the City's landscaping ordinance. The applicant approached the plans and 'agreed to increase the depth of the planter box along the front property line. Ms. Broeren asked staff to add the following condition: ® 1.a Increase the depth of the planter box along the front property line located between the drive approaches by three feet to match the planter areas proposed along the perimeter of the front yard. COASTAL DEVELOPMENT PERMIT NO.01-20 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) WORKING 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 the project consists of minor alterations to an existing single family residence. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 01-20: 1. Coastal Development Permit No. 01-20 for a 541 sq. ft. two-story addition to an existing two- story single-family residence, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program land use designation of Residential Low Density. The project will not impact public views or access to coastal resources. ZA Minutes 10/31/01 3 (O1zm1031) 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 as conditioned, meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, site coverage and parking, and is consistent with the City Design Guidelines, 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. The existing dwelling is located in an urbanized area with all the necessary services and infrastructure available. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 01-20: The site plan and elevations received and dated October 19, 2001, and the floor plans received and dated September 10, 2001, shall be the conceptually approved layout with the following modifications: a. Increase the depth of the planter box along the front property line located between the drive approaches by three feet to match the planter areas proposed along the perimeter of the front yard. b. Indicate exact square footage of the existing home which will be removed in order to construct • the remodeled home. c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of - way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 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. ZA Minutes 10/31/01 4 (01=1031) ® 3. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. The construction disturbance area shall be kept as small as possible. (PW) b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur (0.5%) fuel by weight for construction equipment. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation 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. g. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 4. The structures cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for the first residential unit until the following has been completed: a. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) b. The existing one -inch domestic water meter serving the proposed development shall be replaced with a touch -read meter. The new domestic water meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code. The existing domestic water service serving the proposed development may potentially be utilized if it is of adequate size, conforms to current standards, and is in working conditions as determined by the Water Division. If a new domestic water service is required, the existing service shall be abandoned per Water Division Standards. The new domestic water service shall be installed per Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code. The water service shall be a minimum of one -inch in size. d. A separate backflow protection device shall be installed, per Water Division standards. e. A 36-inch box tree of palm equivalent is required for the front yard. ® 5. 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 ZA Minutes 10/31/01 5 (O1zm1031) 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 Huntington Beach Zoning and Subdivision Ordinance. ITiTFOR1VIATION ON SPECIFIC CODE REOUIREMENTS: Coastal Development Permit No. 01-20 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. 01-20 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. 01-20, 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. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, • Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. State -mandated school impact fees if applicable shall be paid prior to issuance of building permits. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinace). 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) 10. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public • waterway shall require separate permits. ZA Minutes 10/31/01 6 (01=1031) ITEM 3• TEMPORARY USE PERMIT NO. 01-06 (HOLIDAY VILLAGE) ® APPLICANT: Perry Cain, 5301 Bolsa Avenue, NVS H014-A403, Huntington Beach, CA 92647-2099 PROPERTY OWNER: The Boeing Company/Boeing Realty, 5301 Bolsa Avenue, M/S H014- A403, Huntington Beach, CA 92647-2099 REQUEST: To permit the establishment and operation of a holiday village with various holiday activities in conjunction with light exhibits along Astronautics Drive from November 23, 2001 to December 31, 2001 and annually thereafter for four (4) years (2002-2005) within the general vicinity and during the same approximate time period. LOCATION: 5301 Bolsa Avenue (west side of Astronautics Drive) PROJECT PLANNER: Rami Talleh Mary Beth Broeren, Zoning Administrator, excused herself from this item due to a potential conflict of interest. Rami Talleh, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the applicant will provide security and traffic controls to regulate the proposed event. Staff stated that they contacted Code Enforcement and the Police Department and no complaints were reported during last year's events. Staff recommended approval of the request based upon the findings and subject to the conditions as ® outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Perry Cain, 5301 Bolsa Avenue, M/S H014-A403, applicant, spoke on the success of last year's event. Mr. Cain stated that there will be a $5.00 entrance charge this year and that the proceeds will go to different school foundations throughout Orange County. Mike Strange, Acting Zoning Administrator, confirmed with staff that neither the Police Department nor Public Works had any concerns regarding the queuing of vehicles at the entrance. The applicant stated that any queuing would be conducted 50 to 70 yards within the site. Mr. Strange asked staff if an annual review is reflected in the suggested conditions of approval. Staff stated that the Zoning Administrator approved the project last year for one year with a review and extension for an additional four (4) years if no problems or complaints were encountered. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 01-06 WAS APPROVED BY THE ZONING • ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes 10/31/01 7 (01=1031) 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 15304 of the CEQA Guidelines, because the use is temporary and will have no permanent effect on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 01-06: The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan and the provisions of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance. The temporary use permit will be compatible with surrounding uses because the event is temporary in nature and is consistent with character of the area. It will not alter existing property and improvements in the area. There is ample parking within the vicinity of the site to accommodate any additional parking needs. 2. Approval of the application for a holiday village and associated holiday activities in conjunction with light exhibits along Astronautics Drive from November 23, 2001 to December 31, 2001 and annually thereafter for four (4) years (2002-2005) will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. The event was held in the past without adversely impacting the surrounding area. The applicant will provide adequate traffic controls and security measures to mitigate potential impacts to the surrounding area. t- CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 01-06: • The site plan, floor plans, and elevations received and dated September 19, 2001, shall be the conceptually approved layout. 2. Prior to commencement of the Holiday Village and associated various holiday activities, the following shall be completed: a. Building permits will be required for stages over thirty (30) inches in height. Provide a Building Code analysis on the plans to show compliance with occupancy requirements, allowable area, means of egress, and handicapped accessibility. (BD) b. Electrical permits and inspections will be required for generator or temporary power pole installations. (BD) c. The applicant shall assure that electrical equipment and wiring is out of the way from patrons and spectators. (FD) d. 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. • ZA Minutes 10/31/01 8 (01=1031) 3. The Holiday Village and associated activities and events shall comply with the following: a. The establishment and operation of the Holiday Village and associated holiday activities shall be permitted from November 23, 2001 to December 31, 2001 and annually thereafter for a period of four (4) years (2002-2005) within the general vicinity and during the same approximate time period. b. The establishment and operation of the Holiday Village and associated holiday activities shall comply with the list of activities and operational standards as described in the narrative received and dated on September 19, 2001. Traffic control must be provided by the applicant. The applicant is responsible for working with the Traffic Bureau to approve traffic control plans. If the applicant is not able to provide adequate traffic control they will be required to hire officers at overtime rates to provide control. If the Police Department has to provide traffic control the applicant will be charged for any service. (PD) d. The parking lot egress shall be onto Skylab Road and not back onto Astronautics. (PW) e. The Holiday Village hours of operation shall be from 6 PM to 10 PM. Hours of live entertainment (i.e. choirs, school bands, etc.) shall be from 6 PM to 9:30 PM. ® f. All entertainment and music shall be in compliance with the Huntington Beach Municipal Code, Title 8, Noise Control. g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. h. Prior to commencing live entertainment activities, a copy of an approved Entertainment Permit, as issued by the Business License Department, shall be submitted to the Planning Department. i. All conditions of the Entertainment Permit as approved by the Police Department. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) k. Modifications pertaining to the relocation of the Holiday Village within the general vicinity and changes to the activities proposed shall be requested in writing sixty (60) days prior to the event. Final approval of location and activities of the Holiday Village is subject to review of the Planning Director. 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 ZA Minutes 10/31/01 9 (01=1031) substantial in nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision • Ordinance. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Temporary Use Permit No. 01-06 shall not become effective until the ten calendar day appeal period has elapsed. 2. Temporary Use Permit No. 01-06 shall become null and void unless exercised within one year of the date of final approval which is October 31, 2001, 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. TF3e a ,:o4g Administrator reserves the right to revoke Temporary Use Permit No. 01-06, 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. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from", the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. • 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 8. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 7, 2001 AT 1:30 PM. � h Mary eth roeren Zoning Administrator :rmk ZA Minutes 10/31/01 10 (01=1031)