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HomeMy WebLinkAbout2001-11-14® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 14, 2001- 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Ron Santos, Jane James, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1 • CONDITIONAL USE PERMIT NO. 01-58 (BUSHARD STREET GAME CENTER) (CONTINUED FROM THE OCTOBER 31, 2001 MEETING WITH THE PUBLIC HEARING CLOSED ® 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, stated that the applicant advised that they intend to withdraw the application. Staff recommended acceptance of the request for withdrawal. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. Although the public hearing was not opened, Dennis Gates, property owner, stated that they have reached an understanding with the applicant. THE ZONING ADMINISTRATOR ACCEPTED THE APPLICANT'S REQUEST TO WITHDRAW CONDITIONAL USE PERMIT NO. 01-58. C ITEM 2• CONDITIONAL. USE PERMIT NO 0I-39 (MAGNGLIIA/ATLANTA WINLESS • COMMUNICATIONS FACILITY) APPLICANT/ PROPERTY OWNER: Sprint PCS, c/o Novak & Associates, 132 N. Maryland Avenue, Glendale, CA 91206-423 5 REQUEST: To install a wireless communications facility consisting of antennas mounted atop a forty-eight ft. tall simulated palm tree, and associated equipment cabinets. LOCATION: 20972 Magnolia Street (east side of Magnolia Street, north of Atlanta Avenue) 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 was reviewed by the Design Review Board (DRB). Staff stated that the DRB recommended approval with the provision that the two proposed palm trees be provided, if feasible, without loss of parking spaces. Staff stated that since a loss of parking would be necessary, the applicant has revised the request to delete the proposed live palm trees. Staff recommended approval of the request based upon the findings and subject to the conditions as • outlined in the staff report. One telephone call was received in opposition to the request based on concern for potential interference with television reception, and opposition to the appearance and height of the facility. No other written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff discussed the setback requirements of the monopole from the property line. Mr. Strange confirmed with staff the proposed project's compliance with the City Zoning Ordinance. THE PUBLIC HEARING WAS OPENED. Paul Novak, Novak & Associates, 132 N. Maryland Avenue, Glendale, applicant, presented a brief background of the proposed project. Mr. Novak stated that they have no objections to the conditions of approval, and stated that they have revised plans to submit to staff. Mr. Strange and the applicant discussed the above -mentioned concerns for potential interference with television reception. The applicant explained what could cause interference, and concluded by stating that service people will be available on a 24-hour basis should massive complaints be received as a result of the reception being off frequency. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZAMinutes 11/14/01 2 (OlzmllN) CONDITIONAL USE PERMIT NO.01-39 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-39: Conditional Use Permit No. 01-39 to install, operate and maintain a wireless communications facility consisting of a 48 ft. tall monopole, associated equipment and masonry equipment enclosure 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. The facility will not generate noise, traffic or other impacts detrimental to surrounding property. 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 associated equipment cabinets will be housed within and screened by an existing masonry trash enclosure. 3. The proposed Conditional Use Permit No. 01-39 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 proposed 48 ft. tall antenna structure will comply with the 50 ft. height limit applicable in the subject zoning district. Proposed equipment cabinets will be accommodated without loss of on -site parking spaces. 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 CN-F1 (Commercial Neighborhood - .35 maximum floor area ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. 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. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. 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 enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed simulated palm tree design and screening of equipment cabinets will minimize the project's visual impacts. 5: 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. ZA Minutes 11/14/01 3 (01=1114) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-39: • 1. The site plan, floor plans and elevations received and dated October 9, 2001 shall be the conceptually approved layout with the following modifications: a. Plans shall be revised to eliminate the proposed planter and live palm trees. All existing parking stalls shall be maintained. b. 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. c. The "trunk" of the proposed "monopalm" shall be round, colored and textured to closely resemble a 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. 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. A detailed equipment compound contents list shall be submitted for Fire Department review and approval. (FD) • c. All Fire Department requirements shall be noted on the building plans. (FD) 3. 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. b. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) c. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e. 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. f. Before activating the 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 Sheriffs Department or Division -approved contractor at the expense of the applicant. g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. ZA Minutes 11/14/01 4 (Olzm1114) 4. The use shall comply with the following: a. The pole and all associated equipment shall be removed within 90 days of discontinuance of the use. b. A traffic control plan shall be submitted prior to any work in Atlanta Avenue or Magnolia Street. 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 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. 01-39 shall not become effective until the ten calendar day appeal period has elapsed. ® 2. Conditional Use Permit No. 01-39 shall become null and void unless exercised within one year of the date of final approval which is November 14, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-39, 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. 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. An encroachment permit shall be required for all work within the right-of-way. (PW) ZA Minutes 11/14/01 5 (01=1114) 8. Standard landscape code requirements apply (Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance). 0 ITEM 3• CONDITIONAL USE PERMIT NO. 01-42 (HOME DEPOT OUTDOOR SALES AND STORAGE) APPLICANT: James Arthur, Greenberg Farrow Architects, 15101 Red Hill Avenue, Suite 200, Tustin, CA 92780 PROPERTY OWNER: Home Depot U.S.A., Inc., 3800 W. Chapman Avenue, Orange, CA 92868 REQUEST: To establish outdoor sales in front of the Home Depot store and screened staging/storage areas at the rear of the property. LOCATION: 7100 Warner Avenue (southeast corner of Warner Avenue and Goldenwest Street) PROJECT PLANNER: Jane James Jane James, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the request is a result of a Code Enforcement action. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and subject to the addition of the following condition of approval: 4. Any trees that must be removed to accommodate the three storage/staging areas at the rear of the property shall be relocated or replaced within the immediate vicinity. A tree relocation plan shall be submitted for review to the Public Works and Planning Departments and shall be • approved prior to issuance of building permits. Mike Strange, Acting Zoning Administrator, and staff discussed the maximum height for the storage areas and staff concluded that the height would be no taller than the perimeter area. THE PUBLIC HEARING WAS OPENED. James Arthur, Greenberg Farrow Architects, 15101 Red Hill Avenue, Suite 200, Tustin, applicant, stated that they accept all of the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 01-42 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITH -IN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-42 • 1. Conditional Use Permit No. 01-42 for the establishment, maintenance and operation of the outdoor sales in front of the Home Depot store and screened staging/storage areas at the rear of ZA Minutes 11/14/01 6 (Olzm1114) the 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. The outdoor sales area in front of the garden center and the propane tank exchange area will not encroach into required sidewalk and pedestrian access areas and the masonry materials sales area will not encroach into vehicular drive aisles. Based upon the conditions imposed, the outdoor storage adjacent to the building will be surrounded by decorative brick to delineate the sales area and to ensure a five foot wide walkway is maintained at all times. 2. The conditional use permit will be compatible with surrounding uses because outdoor sales and storage/staging will occur entirely on the Home Depot site and it will not impede pedestrian or vehicular access, and the staging areas. The storage/staging areas are intended to contain all outside activities and facilitate loading of deliveries into the building. The staging areas will provide delivery personnel with designated off-loading areas so that store products are not stacked higher than the perimeter wall and are not stored in drive aisles at the rear of the property. Therefore, the stacked material will not be visible beyond the boundaries of the site. 3. The proposed Conditional Use Permit No. 01-42 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The project complies with all zoning requirements including parking and setbacks. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG-F1 (General Commercial — 0.35 Floor Area Ratio) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU7 — Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. b. Policy ED 2.4.1 — Encourage and assist existing and potential commercial owners to modernize and expand their commercial properties. c. Policy ED 2.4.3 — Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. Approval of this request allows Home Depot to promote seasonal retail sales items in front of the garden center, maintain a propane tank exchange area in front of the store, and provide a safe and convenient area for customer pick-up and loading of large, bulky, and heavy masonry items. In addition, the storage/staging areas at the rear of the property facilitate timely unloading and moving of new product into the store and thus promotes the economic success of the home improvement store. 5. 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, Class 1 of the CEQA Guidelines because this minor alteration ZA Minutes 11/14/01 7 (01=1114) to an existing commercial business will not result in any negative environmental impacts and is exempt from further environmental review. • CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-42 1. The site plan, floor plans and elevations received and dated August 28, 2001 shall be the conceptually approved layout with the following modifications: a. The site plan shall depict a brick paver or inlay at the outside edge of the garden center sales area. The brick pattern is intended to designate outdoor display area and contain merchandise within the delineated pattern. A minimum five (5) foot wide clear pedestrian sidewalk shall be maintained between the garden center display area or the propane tank exchange cage and the curb edge. The brick inlay or paver shall match the color of existing wainscoting on the building and columns of the Home Depot store. b. Staging Area B at the southeast corner of the site shall be relocated flush against the east property line wall so that it does not encroach into the existing drive aisle. c. All Staging Areas A, B, and C shall include new side screen walls (as originally proposed) to contain material and product within the designated storage area. 2. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. 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. c. The Planning Department shall review and approve the revised site plan and elevations as modified pursuant to Condition No. 1. d. A cart storage plan shall be submitted for review and approval by the Planning Department. The cart storage plan shall include detailed information about where cart storage will occur and how Home Depot management will maintain all drive aisles, fire lanes, and pedestrian sidewalk areas free of obstruction by carts. 3. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. A minimum five (5) foot wide sidewalk area shall be maintained around garden center sales i area, propane tank exchange area, and the masonry building sales area at all times. ZA Minutes 11/14/01 8 (Olzm1114) c. Display in front of the garden center shall be limited to garden center or seasonal items. ® Materials stored under the customer pick-up porte cochere shall be limited to heavy bulk items such as masonry, rebar, and dry wall. Seasonal sales products shall not be displayed for sale under the porte cochere. d. The approved cart storage plan shall be implemented at all times. e. There shall be no outside storage at the rear of the property except within designated Staging Areas A, B, and C. Stored materials shall not be higher than the eight foot high perimeter wall. 4. Any trees that must be removed to accommodate the three storage/staging areas at the rear of the property shall be relocated or replaced within the immediate vicinity. A tree relocation plan shall be submitted for review to the Public Works and Planning Departments and shall be approved prior to issuance of building permits. 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 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 REOUIREMENTS: 1. Conditional Use Permit No. 01-42 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-42 shall become null and void unless exercised within one year of the date of final approval, which is November 14, 2002 or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-42, 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. ZA Minutes 11/14/01 9 (Olzm1114) 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. State -mandated school impact fees 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. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. 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. ITEM 4• VARIANCE NO 01-12/TENTATIVE TRACT MAP NO. 16272 (ASH STREET CONDOMINIUMS) APPLICANT/ PROPERTY OWNER: Westgate Homes, Ash St. LLC, Attention: Michael Doyle, 16222 Monterey Lane, Suite 89, Huntington Beach, CA 92649 • REQUEST: To a) subdivide an approximately 19,000 sq. ft. site into one numbered lot for the development of six condominium dwellings, and b) permit a variance to required driveway parking and building massing requirements. LOCATION: 17201 Ash Street (west side of Ash Street, south of Cypress Avenue) 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 stated that the proposed project was originally approved under a conditional use permit for a six (6) unit apartment complex; however, during construction, the applicant decided to file for the tentative tract map for a one -lot subdivision in order to sell each individual unit as a condominium. Staff recommended revising the Tentative Tract Map conditions no. 2.a and 2.a.1) because building permits have already been issued and because the applicant has negotiated with the Economic Development Department to provide affordable units for all six of the units as opposed to just 10%. Staff recommended revisions as follows: a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on -site. Said ZA Minutes 11/14/01 10 (01=1114) agreement shall be executed prior to issuance of the final building permits for the tract. • The contents of the agreement shall include the following: 1) All the units shall be affordable to families of median income level for a period of sixty (60) years. 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 the allowable density for the site and will be provided with the required number of open parking spaces. Mike Strange, Acting Zoning Administrator, and Steve Holtz, Economic Development Department, discussed the reason for changing Condition No. 2.a.1) from 10% to 100%. THE PUBLIC HEARING WAS OPENED. Michael Doyle, 16222 Monterey Lane, Suite 89, applicant stated that they had no comments. Mr. Strange, staff and the applicant discussed the material to be used at the entrance, which will be stamped, colored concrete. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO. 01-12/TENTATIVE TRACT MAP NO. 16272 WERE APPROVED BY THE ® ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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. 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 consists of a small six -unit multi -family project in an urbanized area. FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16272: Tentative Tract Map No. 16272 for a one -lot condominium subdivision is consistent with the General Plan Land Use Element designation of Medium Density Residential on the subject property, and applicable provisions of the Code except for the variances approved concurrently with this application. The six -unit one -lot subdivision complies with the allowable density for the site. 2. The site is physically suitable for the type and density of development. The proposed parcel will accommodate the development of a six -unit townhouse project, which will be compatible with existing development in the immediate area. The surrounding neighborhood consists of multi- family residential uses including apartments and condominiums. ZA Minutes 11/14/01 11 (01zm1114) 3. The design of the subdivision or the proposed improvements will not cause serious health • problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements, for access or for use, will be provided. All necessary easements for public access will be provided with the creation of the new parcels and development of the site. FINDINGS FOR APPROVAL - VARIANCE NO. 01-12: The granting of Variance No. 01-12 for exceptions to planned unit development (PUD) requirements for: a) driveway parking for a minimum 50% of the units; and b) minimum 1/3 of the roof area within a multi -story, multi -unit building be one story less in height than the remaining portion of the structure's roof area, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The project will be provided with the required number of open parking spaces. In addition, the project design features variations in the building roofline, and offsets in the building elevation. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, 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 property's narrow frontage limits development of the site with individual unit driveway access and driveway parking. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variances will allow for the design of a six-plex building, with ample on -site guest parking in compliance with the Huntington Beach Zoning and Subdivision Ordinance. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The project will be provided with the required number of off-street parking spaces. Furthermore, the building has been designed with massing offsets and other architectural features. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Medium Density Residential on the subject property. CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 16272: The tentative tract map for a one -lot condominium subdivision received and dated September 14, 2001, shall be the approved layout. is ZA Minutes 11/14/01 12 (01=1114) 2. Prior to submittal of the tract map to the Public Works Department for processing and approval, the following shall be required: a. An Affordable Housing Agreement Plan shall be submitted to the Planning Department for review and approval. The agreement shall provide for affordable housing on -site. Said agreement shall be executed prior to issuance of the final building permits for the tract. The contents of the agreement shall include the following: 1) All the units shall be affordable to families of median income level for a period of sixty (60) years. 2) A detailed description of the type, size, location and phasing of the affordable units. 3) If affordable units (new or rehabilitate) are off -site, they must be under the full control of the applicant. 4) The affordable units shall be constructed prior to or concurrent with the primary project. Final approval (occupancy) of the first residential unit in the tract shall be contingent upon the completion and public availability, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. b. At least 90 days before City Council action on the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect the ® common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners' Association. The CC&Rs must be in recordable form prior to recordation of the map. 3. All public improvements constructed with the project shall be inspected and determined to be satisfactorily completed prior to recordation of the final map. (PW) 4. A reproducible mylar copy and a print of the recorded tract map shall be submitted to the Department of Public Works at the time of recordation. (PW) The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item: a. Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. b. Provide a digital graphics file of said map to the County of Orange. 6. Provide a digital -graphics file of said map to the City per the following design criteria: The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 ZA Minutes 11/14/01 13 (01=1114) of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following item: is Design Specification: 1) Digital data shall be full size (1: 1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy (up to fifteen significant digits). 3) Digital data shall have units in US FEET. 4) A separate drawing file shall be submitted for each individual sheet. 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. File Format and Media Specification: 1) Shall be in compliance with the following file format: ➢ AutoCAD (version 13 or later) drawing file: _.DWG 2) Shall be in compliance with the following media type: ➢ CD Recordable (CD-R) 650 Megabytes • 7. Comply with applicable Conditional Use Permit No. 99-12 and DRB No. 99-47 conditions of approval. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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. CONDITIONS OF APPROVAL — VARIANCE NO.01-12: 1. The site plan, floor plans, and elevations received and dated July 27, 2001 shall be the conceptually approved layout. 2. 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 ZA Minutes 11/14/01 14 (01=1114) Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision 46 Ordinance. 3. 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 - TENTATIVE TRACT MAP NO. 16272 & VARIANCE NO. 01-12: Tentative Tract No. 16272 and Variance No. 01-12 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Map No. 16272 and Variance No. 0 1- 12 shall become null and void unless exercised within two (2) years of the date of final approval which is November 14, 2003. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. 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. 4. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) ® 5. The applicant shall submit a check in the amount of $43 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. 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. Park Land In -Lieu Fees 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. 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 5: COASTAL DEVELOPMENT PERMIT NO. 01-21 (KHAVARI RESIDENCE) APPLICANT: Louis Hernandez, 19092 Callaway Circle, Huntington Beach, CA 92648 PROPERTY OWNER: Kourosh Khavari, 9022 Christine Drive, Huntington Beach, CA 92646 REQUEST: To permit the construction of a 2,565 sq. ft. first and second story addition and remodel to an existing single family residence. LOCATION: 9022 Christine Drive (south side of Christine Lane, approximately 120 ® ft. west of Susan Lane) PROJECT PLANNER: Paul Da Veiga ZA Minutes 11/14/01 15 (Olzm1114) 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 addition will conform to all applicable codes including setbacks, parking, building height, and site coverage. THE PUBLIC HEARING WAS OPENED. Louis Hernandez, 19092 Callaway Circle, applicant, stated that they had no comments and were available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Acting Zoning Administrator, confirmed with staff the driveway setbacks and parking requirements. COASTAL DEVELOPMENT PERMIT NO.01-21 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE 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 since the project will result not result in an expansion of the existing use and is located in an urbanized area. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.01-21: Coastal Development Permit No. 01-21 for the development project, as modified by conditions of approval, conforms with the General Plan and the Local Coastal Program. The project is an addition to an existing single family dwelling which conforms to the General Plan land use designation of RL (Residential Low Density). The proposed addition will not impact public views or access to coastal amenities as none currently exist 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. The proposed addition will conform to all applicable codes including setbacks, parking, building height, and site coverage. • 3. At the time of occupancy the proposed development can be provided with infrastructure in a . manner that is consistent with the Local Coastal Program. All required infrastructure currently exists on the subject site. ZA Minutes 11/14/01 16 (01=1114) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the 46 new construction. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 01-21: 1. The site plan, floor plans, and elevations received and dated September 20, 2001 shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to reflect the location of the 40% required front yard landscaping. A zoning compliance matrix shall be provided on the site plan and shall indicate how the project complies with the Huntington Beach Zoning and Subdivision Ordinance. b. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) c. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities 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. d. 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. 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 (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. 3. Prior to issuance of demolition permits, the following shall be completed: 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). id. Discontinue construction during second stage smog alerts. ZA Minutes 11/14/01 17 (Olzm1114) 4. Prior to final building permit inspection and approval, the following shall be 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 new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of one -inch in size. (PW) 2) The existing water service andf meter shall be abandoned per Water Division standards. (PW) 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. 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. 6. All proposed cantilevered deck, dock, and ramp improvements shall require separate permits for the improvements located in the public waterway. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Coastal Development Permit No. 01-21 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. 01-21 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. 01-21, 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. ZA Minutes 11/14/01 18 (Olzm1114) E 5. An encroachment permit shall be required for all work within the City's right of way. 6. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. 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. 9. 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. THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 21, 2001 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk ZA Minutes 11/14/01 19 (01=1114)