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HomeMy WebLinkAbout2001-12-05• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 5, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Wayne Carvalho, Rami Talleh, Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: October 31, 2001, and November 14 & 21, 2001, Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 01-56 (KOVACS OUTDOOR VEHICLE STORAGE) ® APPLICANT: Christopher D. Layton, 3 Primavera, Irvine, CA 92614 PROPERTY OWNER: Kojo Seacliff, LLC, 4590 Harrison Blvd., Suite 200, Ogden UT 84403 REQUEST: To establish an outdoor vehicle storage facility in conjunction with an existing self -storage facility. The request includes installation of security fencing. The vehicle storage would occupy approximately 80,000 sq. ft. in the parking areas on both sides of Kovacs Lane; the self -storage facility is located within an existing 125,000 sq. ft. industrial building on the south side of Kovacs Lane. LOCATION: 18100 Kovacs Lane (terminus of Kovacs Lane, south of Talbert Ave.) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she visited the site. Ms. Broeren and staff discussed the existing signage on the building, the type of material to be used in place of the chainlink fence, the easement as conditioned by Public Works, and parking as required by the zoning code. E THE PUBLIC HEARING WAS OPENED. • Mike Adams, P.O. Box 382, Huntington Beach, applicant, approached the plans and confirmed that there will be adequate parking for the self -storage area. Mr. Adams stated that they are not proposing improvements over any easements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.01-56 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 APPROVAL - CONDITIONAL USE PERMIT NO. 01-56: 1. Conditional Use Permit No. 01-56 for the establishment, maintenance and operation of an approximate 80,000 sq. ft. outdoor vehicle storage facility 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 vehicle storage use will not impact surrounding residential or industrial properties. • 2. The conditional use permit will be compatible with surrounding uses. The vehicle storage facility is located in the rear of a vacant industrial property buffered from residential uses by a 6-8 ft. high perimeter block wall. In addition, the vehicle storage use will be compatible with other industrial uses in the area. 3. The proposed Conditional Use Permit No. 01-56 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. No variances are included as part of this request. 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 Industrial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that new and recycled industrial projects be designed and developed to achieve a high level of quality, distinctive character, and be compatible with existing uses. (LU 12.1.4) The outdoor vehicle storage facility will be compatible with existing uses, which are primarily industrial, and will be operated and maintained to minimize impacts to adjacent uses. 5. The Zoning Administrator finds that the project will not have any significant effect on the is environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, because the proposed use involves the operation of the use at an existing industrial facility. ZA Minutes 12/05/01 2 (01zm1205) ® CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-56: 1. The site plan received and dated September 7, 2001 shall be the conceptually approved layout with the following modification: a. The outdoor vehicle storage areas shall be screened from the public right of way (Kovacs Ln.), with a minimum six (6) ft. high wall or fence, except for the proposed vehicular access gates. The method of screening shall be reviewed and approved by the Planning Director. 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. 2. The use of the existing industrial building shall be limited to self -storage. Any expansion or change of use within the building will require review and approval by the Planning Department. 3. 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. Fencing plans (including a site plan, section drawings, and elevations depicting the height, colors and materials of all walls and fences) shall be submitted to and approved by the Planning Department. c. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of a Certificate of Occupancy and commencement of the use the following shall be completed: a. The existing onsite public water pipelines and appurtenances located within an easement shall be clear of surface features (including structures, parking spaces, trees, enhanced paving, etc.) for a total minimum width of 10 feet (5 feet either side of the centerline of the water pipelines and appurtenances), pursuant to Water Division Standards. Any gates located within or across the water line easement shall be equipped with Knox locks or equivalent devices so that emergency and maintenance personnel shall have access at all times. The existing onsite fire hydrants and appurtenances shall be protected per Water Division standards. (PW) b. The applicant shall provide the City with record information relative to any onsite easements. Otherwise, a water line easement shall be dedicated to the City of Huntington Beach by a recorded separate instrument covering the public water pipelines and appurtenances located within the project site. This easement shall have an unobstructed paved or landscaped surface ® (no surface features such as structures, parking spaces, trees, enhanced paving, etc.), and shall have a minimum width of 10 feet (5 feet either side of the centerline of the water pipelines and appurtenances), pursuant to Water Division Standards. (PW) ZA Minutes 12/05/01 3 (O1zm1205) If the applicant does want to place enhanced pavement within the easement area, then the • property owner shall enter into a Special Utility Easement Agreement with the City addressing repair to any enhanced surface treatment that may be disturbed as a result of the City's activities in operating, maintaining, repairing and replacing the public water pipelines and appurtenances. (PW) d. Landscape plans shall be submitted to the Public Works Department for review and approval. The plans shall show the additional trees required to meet code requirements along with an upgraded irrigation system. (PW) Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No. 415. (FD) f. A Fire Protection Plan in compliance with City Specification No. 426 shall be submitted to the Fire Department for approval. (FD) g. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) h. Fire hydrants located at the rear of the property shall be accessible to the Fire Department. • (FD) i. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) j. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424. (FD) k. 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) 1. Security access gates shall be designed to comply with Fire Dept. City Specification 403. (FD) m. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. Hours of operation shall be limited to between 7:00 AM to 6:00 PM daily. • ZA Minutes 12/05/01 4 (O1zm1205) 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the 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. . 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 01-56 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-56 shall become null and void unless exercised within one year of the date of final approval which is December 5, 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. 01-56, 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. Traffic Impact Fees shall be paid at a rate of $120 per net new added daily trip. (PW) 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 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 ZA Minutes 12/05/01 5 (01=1205) requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. ITEM 2: CONDITIONAL USE PERMIT NO 01-66 (MARBLE, TILE & CARPET APPLICANT: Julie Le, 6832 Edinger Avenue, Huntington Beach, CA 92647 PROPERTY OWNER: Robert Tepper, 16101 Goldenwest Street, Huntington Beach, CA 92647 REQUEST: To establish a custom industry use for sanding and engraving of headstones in conjunction with an existing retail business. LOCATION: 6832 Edinger Avenue (south side of Edinger Avenue, west of Goldenwest Street) 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 the request is the result of Code Enforcement violations. Staff stated that letters and telephone calls were received from neighboring residents in opposition to the proposed project expressing concerns regarding noise, late hours, storage outside of the building, odors, and fumes. Staff stated that Condition No. 4 addresses the foregoing concerns. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she visited the site on this date. Ms. Broeren stated that she reviewed letters received from Florence Wilson and Margaret Borren, neighboring property owners. THE PUBLIC HEARING WAS OPENED. Florence Wilson, 16022 Madan Lane, neighboring property owner, spoke in opposition to the proposed project based on health concerns for herself and her family. Ms. Wilson stated that she has resided next to the proposed site for five years and complained that the fumes and odors from the site cannot be contained. Margaret Borren, 16052 Madan Lane, neighboring property owner, spoke in opposition to the proposed project stating that the subject site was originally approved for retail uses because of the close proximity to neighboring residents. Ms. Borren complained about the debris, fumes and odors originating from the proposed site stating that the site is a health hazard and has a negative impact on surrounding property values. ZA Minutes 12/05/01 6 (O1zm1205) Louis Borren, 16052 Marjan Lane, neighboring property owner, spoke in opposition to the proposed ® project and emphasized the foregoing statements as presented by Margaret Borren. Julie Le, 6832 Edinger Avenue, applicant, presented a background on the existing business and presented numerous reasons as to why the proposed project should be approved. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren asked the applicant if she has contacted the South Coast Air Quality Management District (SCAQMD) concerning the fumes and odors. The applicant stated that she has not. Ms. Broeren stated that during her visit to the proposed site today, she observed that Code Enforcement violations still existed, and she expressed concern over the disregard for City requirements. Ms. Broeren stated that the current use of the property does not belong in this particular location because of the nature of the business and its close proximity to residential uses. She expressed concern that the applicant could not comply with the conditions of approval and still run a business. Ms. Broeren stated that she was going to deny the request. She stated that the applicant is to cease all activities related to the proposed project and remove the brown building and all outside debris. Ms. Broeren asked staff to create findings for denial. CONDITIONAL USE PERMIT NO. 01-66 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. SHE STATED ® THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 01-66: Conditional Use Permit No. 01-66 will not be compatible with surrounding uses because the operation of the proposed use is within close proximity, twenty-five (25) feet, to the residential properties located to the west. The sanding and engraving of headstones at the project site may cause excessive or incompatible impacts of noise, odors, visual character, and operational hazards to the adjacent residences. 2. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan: a. Require that buildings, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. (Policy LU 10.1.5) b. Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. (Policy LU 10.1.6) 3. Conditional Use Permit No. 01-66 for the establishment, maintenance, and operation of a custom ® industry use, sanding and engraving of headstones in conjunction with an existing retail business, will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The subject unit ZA Minutes 12/05/01 7 (O1zm1205) is not adequate in size to accommodate the existing retail sales of marble, tile, and carpet and the sanding and engraving of headstones leading to the need for incompatible building addition and • outside storage of materials and work associated with the custom industry. ITEM 3 CONDITIONAL USE PERMIT NO 01-63 (MICHAEL LARGE FAMILY DAB' CARE APPLICANT: Narges Michael, 9151 Adams Avenue, Huntington Beach, CA 92646 PROPERTY OWNER: Aziz Gouda, 9151 Adams Avenue, Huntington Beach, CA 92646 REQUEST: To permit a large family day care facility (up to 14 children) at an existing single-family residence. LOCATION: 9151 Adams Avenue (north side of Adams Avenue, east of Magnolia Street) PROJECT PLANNER: Ron Santos Ron Santos, 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. One letter dated November 28, 2001, was received from the adjacent Primary Care Specialists Medical Clinic, expressing concerns related to drop-off and pick-up of children and potential use of the clinic's parking facility. Staff stated that the applicant contacted and met with some of the surrounding neighbors concerning the proposed project. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, stated that she reviewed the letter received by staff from the medical clinic. THE PUBLIC HEARING WAS OPENED. Aziz Michael Gouda, 9151 Adams Avenue, applicant's husband, spoke in favor of the request stating that there is adequate parking in front of the house. Mary Beth Broeren, Zoning Administrator, asked Mr. Gouda what the number of employees would be. Mr. Gouda stated that there would be no employees since he will be assisting his wife with the day care facility. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that since there is adequate parking and a frontage road to facilitate parking, she was going to approve the request. CONDITIONAL USE PERMIT NO.01-63 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING • L� ZA Minutes 12/05/01 8 (Olzm1205) ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-63: The large family childcare facility (up to 14 children) 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 family day care is an expansion of use from an existing small family day care (up to 8 children). The use will be accommodated within the existing single-family residence and no physical alterations to the property are proposed as part of this project. The six-foot tall fence enclosing the rear yard will help to minimize noise impacts on adjoining residences. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Ordinance since it has a two -car garage, a driveway that can accommodate two vehicles, and adjacent on -street parking. With the conditions imposed, the proposed day care home will not generate adverse noise or traffic impacts to the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses because required parking will be provided on site and drop-off/ pick-up parking is available along the street in front of the residence. Specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care use. 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. No construction is proposed as part of the establishment of the day care and the required parking can be accommodated on -site. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the subject property's Residential Low Density Land Use Element designation. In addition, it is consistent with the following goals and policies of the General Plan: a. Objective LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. b. Policy LU 9.4.1 —Accommodate the development of parks, sports facilities, schools, libraries, community meeting facilities, religious facilities, and similar community -serving uses in all residential areas, provided that they are compatible with adjacent residential uses and subject to review and approval by the City and other appropriate agencies. 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 of the CEQA Guidelines, because large family daycare is a residential use of the subject property and involves negligible or no expansion of the existing use. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-63: ® 1. The site plan, floor plans, and elevations received and dated December 12, 2001 shall be the conceptually approved layout. ZA Minutes 12/05/01 9 (01zm1205) 2. Prior to the commencement of the large -family day care use, the following requirements shall be met: a. A copy of the City Business License for the day care use shall be submitted to the Planning Department. b. The use shall be approved by the California Department of Social Services. A copy of the day care license shall be submitted to the Planning Department for inclusion into the entitlement file. c. Address numbers shall be installed to comply with Fire Department City Specification No. 428 — Premise Identification. (FD) d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424 — Portable Fire Extinguishers. Extinguishers must be mounted and serviced annually or immediately after use. (FD) e. A fire alarm system in compliance with Huntington Beach Fire Code is required. Shop drawings shall be submitted as separate plans for permits to the Building & Safety Department for Fire Department approval. Large family day care homes shall be equipped with single station residential -type smoke detectors which are listed by the state fire marshal. The number, type and placement of detectors shall be determined by the enforcing authority. [T-24, Sec.1218 (a)] Provide and maintain a device or devices suitable for sounding a fire alarm: Such a device or devices shall be attached to the structure, and may be of any type acceptable [T-24, Sec. 1218 • to the enforcing agency, provided they are audible throughout the structure. (e)] (FD) f. Provide two exit doors. Every required exit doorway shall be not less than 36" in width and not less than 6' 8"in height. When installed, exit doors shall be capable of opening so that the clear width of the exit is not less than 32". A manually operated horizontal sliding door may be used as one of the two exits. [T-24, Sec. 3327(a)] Exit doors, including manually operated horizontal sliding doors shall be openable from the inside without use of a key or any special knowledge or effort. Single turn of the knob should release the latch and lock bolts. [T-24, Sec. 3327(d)] Yard gates blocking egress to the public way shall comply with exterior door latching requirements. Where basements are used as day care purposes, one of the two exits required shall open directly to the exterior of the building without entering the first floor. [T- 24, Sec. 3327(b)] Where day care is permitted above the first story as defined in Sec 1234(b), an exit shall be provided from that floor area used to the exterior of the building. [ T-24, Sec. 3327 (c)] Exits may pass through kitchens. [T-24, Sec. 3327 (e)] (FD) g. Two sets of plans, including a floor plan and site plan, shall be submitted to the Building & Safety Department for review and approval. Provide Building Code Analysis on the plans (Title Sheet) to show compliance with the 1997 UBC for Occupancy Requirements (Chapter 3), Allowable Area (Chapter 5) and Means of Egress (Chapter 10). h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. • ZA Minutes 12/05/01 10 (O1zm1205) 3. The use shall comply with the following: a. Only the uses described in the narrative shall be permitted. b. Hours of operation shall be limited to between 7:00 AM and 5:30 PM Monday through Friday. c. The day care use shall be limited to the enclosed areas of the residential unit between the hours of 7:00 AM and 8:00 AM. Outdoor play and other outdoor activities associated with the day care use and occurring on the property shall be limited to between 8:00 AM and 5:30 PM Monday through Friday. d. Day care employees shall park in the garage or in the driveway at all times to reduce impacts to on -street parking. e. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. f. No signs identifying the day care facility shall be placed on the property. g. Loading and unloading of children from vehicles shall occur only on the applicant's driveway or on the public street directly in front of the residence. 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 and/or floor plan are proposed. The day care use shall not commence 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. 5. 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. 01-63 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-63 shall become null and void unless exercised within one year of the date of final approval which is December 5, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-63, 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 use 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. ZA Minutes 12/05/01 11 (01=1205) 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. ITEM 4 CONDITIONAL USE PERMIT NO 01-64 (SACKIN RESIDENCE) APPLICANT/ PROPERTY OWNER: Paul Sackin, 8211 Pine Street, Huntington Beach, CA 92648 REQUEST: A Conditional Use Permit to allow the development of a new 2,981 square foot single-family residence with a total height of 35 feet. LOCATION: 1746 Park Street (southeast corner of Park Street and Springfield Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the proposed project is subject to the Infill Lot Ordinance. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the Victorian design requires a peak at a limited portion of the roof. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Renato Haug, 3821 Long Beach Boulevard, Suite 201, Long Beach, architect, stated that the style dictates the height of the roof. J Mary Beth Broeren, Zoning Administrator, confirmed with the applicant that the outside of the existing garage/studio would be painted. Linda Sackin, 8211 Pine Street, applicant, stated that the existing garage/studio will be expanded and will be used as her workshop. Ms. Broeren confirmed with the applicant that they have reviewed and understand all of the conditions, in particular those conditions related to the public improvements in the alley as required by the Public Works Department. Paul Sackin, 8211 Pine Street, applicant, stated that he would be talking with the Public Works Department concerning the abovementioned conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 12/05/01 12 (01=1205) CONDITIONAL USE PERMIT NO. 01-64 WAS APPROVED BY THE ZONING • ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303, Class 3 of the CEQA Guidelines, because the project site is located within an urbanized area and involves construction of one single-family residence. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-64: Conditional Use Permit No. 01-64 to allow the height of the proposed 2,981 square foot residence to exceed 30 ft. and permit a 35-foot maximum building height 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 development will improve the appearance and value of the subject property while achieving building design compatibility with the surrounding neighborhood. The project will comply with the Infill Lot Ordinance which requires that compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout be addressed in the design of the project. ® 2. The conditional use permit will be compatible with surrounding uses because the proposed residence has been designed with architectural elements which are consistent with existing residential development in the surrounding area. 0 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, including maximum height, site coverage and minimum 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 RL-7 (Residential Low -Density - 7 Dwelling Units/Acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that all new residential development within existing residential neighborhoods be compatible with existing structures, including the maintenance of privacy on abutting residences. (LU 9.2.1.d) b. Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations. (LU 4.2.1) ZA Minutes 12/05/01 13 (Olzm1205) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-64: • 1. The site plan, floor plans, and elevations received and dated November 19, 2001 shall be the conceptually approved layout with the following modification: a. 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. b. Window locations of structures adjacent to the subject property shall be depicted on the site plan. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos • survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. A truck hauling and routing plan for all trucks involved in asbestos removal and demolition of the existing structures shall be submitted to the Department of Public Works and approved by the Director of Public Works. g. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: a. Remove and replace sidewalk along Park Street and Springfield Avenue frontages. (PW) • b. Alley approach per City Standard Plan No. 210. (PW) ZA Minutes 12/05/01 14 (O1zm1205) c. Remove and replace half of the width of alley pavement. (PW) ® d. Provide a sewer lateral. (PW) e. A new domestic water meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the Plumbing Code (CPC) and Uniform Fire Code (UFC). The domestic water service shall be a minimum of one -inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards, on the domestic water service if any upper habitable room and/or water fixtures are 20 feet or more above the top of the (lowest) curb elevations. (PW) g. The existing domestic water service and meter shall be abandoned per Water Division standards. (PW) h. Remove and replace the sycamore tree in the parkway on Park Street. (PW) i. Front and sideyard 36-inch box trees are required behind the sidewalk and within the setback area. (PW) 4. Prior to issuance of 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. The development shall comply with Section 230.22 (Residential Infill Lot Developments) which require the that ten (10) days prior to submittal for plan check, the applicant give written notice of the application to adjacent property owners and the City of Huntington Beach Planning Department by first class mail. The notice shall include the following: 1) Name of applicant; 2) Location of planned development, including street address (if known) and/or lot and tract number; 3) Nature of planned development, including maximum height and square footage of each proposed infill dwelling; 4) The Planning Department telephone number (714-536-5271) to call for viewing plans; 5) The date by which any comments must be received in writing by the Planning Department. This date shall be ten (10) working days from plan check submittal; and 6) The address of the Planning Department. c. All Fire Department requirements shall be noted on the building plans. (FD) d. Dedicate a 20-foot radius corner cut-off for public street purposes at Park Street and ® Springfield Avenue. (PW) ZA Minutes 12/05/01 15 (O1zm1205) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: • a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 6. The structure(s) final building permit(s) cannot be approved until the following has been completed: a. Address numbers shall be installed to comply with City Specification #428-Premise: Identification. (FD) • b. Complete all improvements as shown for construction on the approved grading plan. (PW) 7. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 8. 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. 9. 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. 10. 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. • ZA Minutes 12/05/01 16 (01=1205) INFORMATION ON SPECIFIC CODE REQUIREMENTS: . 1. Conditional Use Permit No. 01-64 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-64 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. 01-64, 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. s7. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). (PW) THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 12, 2001 AT 1:30 PM. �a-- r--� y B th Broeren Zoning Administrator rmk ZA Minutes 12/05/01 17 (O1zm1205)