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HomeMy WebLinkAbout2002-05-15MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 15, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: April 17, 2002 April 24, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 02-05 (BEACH BOULEVARD WIRELESS Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff presented a review of the proposed project and recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that the Design Review Board (DRB) recommended approval of the request as proposed. COMMUNICATIONS FACILITY —CONTIN UED FROM THE APRIL 17, 2002 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: The Consulting Group for Cingular Wireless, 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 PROPERTY OWNER: Executive Park Huntington, 16181 Beach Boulevard, Suite 200, Glendale, CA 92647 REQUEST: To permit a wireless communications facility consisting of six (6) antennas and associated equipment cabinets. The antennas are proposed to be mounted on the roof of an existing three-story office building. LOCATION: 16162 Beach Boulevard (west side of Beach Boulevard, north of Stark Street) PROJECT PLANNER: Ron Santos Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments ® were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed whether or not the proposed project is consistent with the wireless ordinance that is being considered by the City. Ms. Broeren stated that in view of the recommended approval by the DRB, the minimal visibility of the antennas due to the angle of view from Beach Boulevard and screening by eucalyptus trees, and based upon staffs recommended findings and conditions, she was going to approve the request. CONDITIONAL USE PERMIT NO. 02-05 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. 02-05: Conditional Use Permit No. 02-05 to install, operate and maintain a wireless communications facility consisting of six antennas and associated equipment, roof -mounted on an existing three- story office building, 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 facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. 2. Conditional Use Permit No. 02-05 will be compatible with surrounding uses because the proposed antennas will be set back from the perimeter of the building such that the tops of the antennas will be visible from ground level only at a distance of approximately 200 feet or greater. In addition, the proposed antennas will be painted to match the existing building. Proposed equipment cabinets will be entirely screened from view by the existing parapet walls. 3. Conditional Use Permit No. 02-05 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, with the exception that the proposed antennas will and may exceed the base district's 50-foot height limit by approximately four feet, pursuant to the City's Policy on Wireless Communication Facilities. 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 (General Commercial) 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. ZA Minutes 05/15/02 2 (02zm0515) U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are ® provided. U. 5.1. l: 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 roof -top siting and slim -line antenna 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. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-05: 1. The site plan, floor plans and elevations received and dated April 15, 2002 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three ® pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. Any chemicals and hazardous materials, including battery banks, oil filled capacitors, etc., must be disclosed to the Fire Department. (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. 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. d. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) e. 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 Sheriff's Department or Division -approved contractor at the expense of the applicant. ZA Minutes 05/15/02 3 (02zm0515) 4. The use shall comply with the following: • a. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach from having adequate spectrum capacity on the City's 800 MHz radio frequency. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. Failure to cease such operation shall result in automatic suspension of this permit. b. The applicant shall provide a single point of contact (including name and phone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. c. The antennas and all associated equipment shall be removed within 90 days of discontinuance of the use. 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: Conditional Use Permit No. 02-05 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-05 shall become null and void unless exercised within one year of the date of final approval which is May 15, 2003, 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. 02-05, 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. • ZA Minutes 05/15/02 4 (02zm0515) 0 0 0 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7, The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 02-08 (ORANGE COUNTY SANITATION DISTRICT PUMP STATION) APPLICANT: Robyn Wilcox, Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92728-8127 PROPERTY OWNER: Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, CA 92728-8127 REQUEST: To (a) construct an approximately 8,500 sq. ft. wastewater processing facility, replacement of the existing backup facility, and an approximately 5,684 sq. ft. electrical building; and (b) to demolish existing structures totaling approximately 10,000 sq. ft. LOCATION: 22212 Brookhurst Street (east side of Brookhurst Street between Banning Avenue and Pacific Coast Highway) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, elevations and photographs stating the purpose, location and zoning of the requested project. Staff 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. Staff stated that a telephone call was received from the applicant opposing the building permit requirements as set forth in the suggested conditions of approval because the intent of the structure is for the housing of equipment and not for occupancy. Staff stated that they are not aware of any exemptions from the standard building permit requirements. THE PUBLIC HEARING WAS OPENED. Jim Herber, Orange County Sanitation District, 10844 Ellis Avenue, Fountain Valley, applicant, stated that the State code exempts wastewater treatment facilities from building permit requirements because the facility is unmanned. Gerald Caraig, Permit and Plan Check Manager, Building Department, stated that they needed time to research the state code concerning the aforementioned exemption. ZA Minutes 05/15/02 (02zm0515) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to continue the item to allow time for staff and the applicant to reach an agreement concerning jurisdiction and so any amendments to the conditions can be documented to accurately reflect the City's jurisdiction on the above issue. CONDITIONAL USE PERMIT NO. 02-08 WAS CONTINUED TO THE MAY 22, 2002 MEETING. ITEM 3: CONDITIONAL USE PERMIT NO 02-17 (YOGA SHAKT APPLICANT: Katja Atoine, 19744 Beach Boulevard, Suite 292, Huntington Beach, CA 92648 PROPERTY OWNER: Beach Garfield Plaza, LLC, 238 South Atlantic Boulevard, Alhambra, CA 91801 REQUEST: To permit an 11-space reduction in required parking within an existing 29,892 sq. ft. shopping center for a personal enrichment use (yoga studio) to occupy a 2,090 sq. ft. suite. The parking reduction is based on a joint use parking analysis. LOCATION: 19142-FF Beach Boulevard (east side of Beach Boulevard, south of • Garfield 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 presented a review of the proposed project and presented a parking analysis based upon the proposed project's hours. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the conditions will mitigate any potential parking problems within the shopping center. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Diana Pipaloff, 19142-FF Beach Boulevard, applicant, asked for confirmation on the maximum allowable parking for the instruction area. Ms. Pipaloff stated that the restricted hours as set forth in Condition No. 3.c would impact the hours of operation for the retail business. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 05/15/02 6 (02zm0515) ® Ms. Broeren asked staff to modify Condition No. 3.c was follows: c. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days a week, however, between the hours of 1:00 p.m. and 5:00 p.m. the maximum class size shall be limited to 20 students. 0 CONDITIONAL USE PERMIT NO. 02-17 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM 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 15301 of the CEQA Guidelines, because the proposed business will occupy a commercial suite within an existing commercial shopping center. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-17: 1. Conditional Use Permit No. 02-17 to permit an 11-space reduction in required parking within an existing 29,892 sq. ft. shopping center for a personal enrichment use (yoga studio) to occupy a 2,090 sq. ft. suite 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. There will be adequate parking for the use based on the varied hours of operation for existing businesses within the subject shopping center. 2. Conditional Use Permit No. 02-17 to allow a reduction in parking for a yoga studio will be compatible with surrounding uses which consist of retail commercial, office, and restaurant uses. The existing shopping center has several vacancies rendering a large part of the existing parking lot unused and businesses within the center operate at varied hours of operation, resulting in ample parking for the proposed yoga studio. The existing shopping center has all of the necessary facilities to accommodate the proposed use. The proposed Conditional Use Permit No. 02-17 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, with the exception of the parking reduction requested under the conditional use permit. The yoga studio will be located within an existing commercial center which conforms to setbacks, building heights, and landscaping requirements applicable to the General Commercial (CG) zoning designation. ZA Minutes 05/15/02 7 (02zm0515) 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, and capitalize on Huntington Beach's recreational resources (LU 10.1) b. 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 (ED 2.4.3) The proposed yoga studio will market its services to local residents and residents in the surrounding region thereby expanding the service -based commercial opportunities in the City. It will be located in an existing retail shopping center, which includes existing service related uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-17: The site plan and floor plan received and dated March 29, 2002 shall be the conceptually approved layout. 2. Prior to expansion of the instruction area in excess of 700 square feet, the applicant shall obtain signatures of all business owners within the shopping center in the form of a document affirming their respective hours of operation. This document shall be signed by the property owner, the • applicant's signature shall be notarized, and a copy of the document shall be provided to the Planning Department for inclusion in the entitlement file. 3. The use shall comply with the following: a. The personal enrichment use shall be confined to operation only in the instruction area as indicated on the floor plan. Other uses such as retail display, reception area, and storage areas shall also be permitted as shown on the floor plan. b. Upon request by the Planning Department, the applicant shall provide notification of any changes in tenants within the shopping center or changes in hours of operation, and provide a detailed parking analysis indicating the revised number of parking spaces available for the subject use. Based upon future changes in occupancy and hours of operation within the commercial center, and as indicated in a detailed parking analysis, the Planning Department reserves the right to amend the maximum class size based on available parking in the center, upon a 30-day notice to the applicant. c. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m., seven days a week, however, between the hours of 1:00 p.m. and 5:00 p.m. the maximum class size shall be limited to 20 students. d. Only the uses described in the narrative dated March 29, 2002 shall be permitted. f ZA Minutes 05/15/02 8 (02zm0515) 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are 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 REQUIREMENTS: 1. Conditional Use Permit No. 02-17 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-17 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. 02-17, 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. 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. 6. 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. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 8. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. ZA Minutes 05/15/02 9 (02zm0515) THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 22, 2002 AT 1:30 PM. Ma Beth Broeren Zoning Administrator :rmk 0 • ZA Minutes 05/15/02 10 (02zm0515)