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HomeMy WebLinkAbout2002-05-22MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 22, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-08 (ORANGE COUNTY SANITATION DISTRICT PUMP STATION — CONTINUED FROM THE MAY 15, 2002 MEETING WITH THE PUBLIC HEARING CLOSED) 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, stated that the applicant has requested a continuance to the May 29, 2002, meeting in order to resolve questions concerning building and fire department requirements as set forth in the conditions. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the applicant has agreed to pay the continuance fee. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 02-08 WAS CONTINUED TO THE MAY 29, 2002 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: CONDITIONAL USE PERMIT NO 02-19 (BURNETT/SHIER RESIDENCE APPLICANT: Elizabeth Shier, 1016 13'h Street, Huntington Beach, CA 92648 PROPERTY OWNER: David Burnett and Elizabeth Shier, 1016 13`h Street, Huntington Beach, CA 92648 REQUEST: To permit a 305 sq. ft. 3rd story loft to an existing two-story single- family residence. The proposed loft will be confined within the existing volume of the second story roof. No exterior alterations are proposed to the existing two-story single-family residence. LOCATION: 1016 13`h Street (south side of 13th Street, east of Main Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff stated that the applicant expressed concern regarding conditions number 3.a and 3.c relating to water service. Staff stated that further information was requested from the Public Works Department regarding the aforementioned conditions but to date no response has been received. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with modifications to conditions number 3.a and 3.c. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Elizabeth Shier, 1016 13`h Street, applicant, requested deletion of conditions 3.a and 3.c. Ms. Shier complimented staff for the manner in which the proposed project has been handled. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she visited the proposed site and found no significant impact to the surrounding properties. Ms. Broeren asked staff to modify conditions no. 3.a and 3.c as follows: 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 if determined to be necessary by the Public Works Department. The domestic water service shall be a minimum of one -inch in size. (PW) b. A separate backflow protection device shall be required on the domestic water service if water fixtures are installed on the third story loft. (PW) ZA Minutes 05/22/02 2 (02zm0522) COASTAL DEVELOPMENT PERMIT NO. 02-08 WAS CONTINUED TO THE MAY 29, ® 2002 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: CONDITIONAL USE PERMIT NO 02-19 (BURNETT/SHIER RESIDENCE APPLICANT: Elizabeth Shier, 1016 13"' Street, Huntington Beach, CA 92648 PROPERTY OWNER: David Burnett and Elizabeth Shier, 1016 13th Street, Huntington Beach, CA 92648 REQUEST: To permit a 305 sq. ft. 3rd story loft to an existing two-story single- family residence. The proposed loft will be confined within the existing volume of the second story roof. No exterior alterations are proposed to the existing two-story single-family residence. LOCATION: 1016 13th Street (south side of 13th Street, east of Main Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff stated that the applicant expressed concern regarding conditions number 3.a and 3.c relating to water service. Staff stated that further information was requested from the Public Works Department regarding the aforementioned conditions but to date no response has been received. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with modifications to conditions number 3.a and 3.c. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Elizabeth Shier, 1016 13t" Street, applicant, requested deletion of conditions 3.a and 3.c. Ms. Shier complimented staff for the manner in which the proposed project has been handled. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she visited the proposed site and found no significant impact to the surrounding properties. Ms. Broeren asked staff to modify conditions no. 3.a and 3.c as follows: 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 if determined to be necessary by the Public Works Department. The domestic water service shall be a minimum of one -inch in size. (PW) ® b. A separate backflow protection device shall be required on the domestic water service if water fixtures are installed on the third story loft. (PW) ZA Minutes 05/22/02 2 (02=0522) T MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 22, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1• COASTAL DEVELOPMENT PERMIT NO. 02-08 (ORANGE COUNTY SANITATION DISTRICT PUMP STATION — CONTINUED FROM THE MAY 15, 2002 MEETING WITH THE PUBLIC HEARING CLOSED) 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, stated that the applicant has requested a continuance to the May 29, 2002, meeting in order to resolve questions concerning building and fire department requirements as set forth in the conditions. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the applicant has agreed to pay the continuance fee. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. 0 CONDITIONAL USE PERMIT NO.02-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of minor alterations to an existing single-family residence. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-19: Conditional Use Permit No. 02-19 to allow for the addition of a 305 square foot, third story loft to an existing two-story single-family residence 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. No exterior alterations are proposed to the existing two-story single-family residence. The addition consists of interior modifications, which will not be visible from the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the proposed loft will be confined within the existing volume of the second story roof. In addition, the existing is dwelling is located in a single-family residential neighborhood, predominately developed with one and two story homes of comparable height and value. 3. The proposed Conditional Use Permit No. 02-19 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 including parking requirements, maximum building height, maximum lot coverage, and minimum yard 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 Residential Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures including: b. LU 9.2.1b: Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; c. LU 9.2.1d: Maintenance of privacy on abutting residences. ZA Minutes 05/22/02 3 (02zm0522) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-19: • 1. The site plan and floor plans dated April 4, 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. 3. The addition cannot be occupied and the final building permit(s) cannot be approved until the following has been completed: 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 If determined to be necessary by the Public Works Department. The domestic water service shall be a minimum of one -inch in size. (PW) b. The existing domestic water service and meter shall be abandoned per Water Division standards. (PW) c. A separate backflow protection device shall be required on the domestic water service if water fixtures are installed on the third story loft. (PW) d. 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. 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 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. r: ZA Minutes 05/22/02 4 (02zm0522) INFORMATION ON SPECIFIC CODE REQUIREMENTS• • 1. Conditional Use Permit No. 02-19 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-19 shall become null and void unless exercised within one year of the date of final approval, which is May 22, 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. 02-19, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM 3: CONDITIONAL USE PERMIT NO.01-70 (VERISON WIRELESS) APPLICANT: Michael Blackwell, Mericom Corporation, 167 Technology Drive, Irvine, CA 92618 PROPERTY OWNER: Southern California Edison, P.O. Box 800, 2244 Walnut Grove Avenue, Rosemead, CA 91770, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To establish, maintain, and operate a wireless communications facility consisting of twelve (12) antenna panels, one (1) GPS antenna, and one (1) microwave dish on an existing Southern California Edison lattice tower and install associated equipment cabinets at the base of the tower. LOCATION: 19242 Magnolia Street (east side of Magnolia Street, north of Yorktown Avenue, Southern California Edison easement) 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 Design Review Board (DRB) reviewed the ZA Minutes 05/22/02 5 (02zm0522) proposed project and imposed conditions concerning the color of the antennas and landscaping in front of the equipment cabinets. • 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, reviewed the plans and photographs with staff and discussed the landscaping condition as imposed by the DRB. THE PUBLIC HEARING WAS OPENED. Michael Blackwell, Mericom Corporation, 167 Technology Drive, Irvine, applicant, stated that he was present. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and the applicant discussed the type of landscaping proposed and restrictions thereof as imposed by Southern California Edison as well as access availability without intruding into an easement. Ms. Broeren asked staff to modify Condition No. 4.b as follows: The applicant shall provide landscaping along the west side of the lattice tower and around the • corners subject to review and approval of the Park Tree and Landscape Division. CONDITIONAL USE PERMIT NO.01-70 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project is considered a minor alteration of an existing facility. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.01-70: Conditional Use Permit No. 01-70 for the establishment, maintenance and operation of a wireless telecommunications facility on an existing Southern California Edison tower and equipment cabinets located at the base of the Edison tower 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 antennas will be mounted on and blend in with the existing Southern California Edison tower, which will obscure their visibility. The wireless ZA Minutes 05/22/02 6 (02zm0522) telecommunications facility will not generate noise or other impacts, which would be detrimental to surrounding uses. 2. The conditional use permit will be compatible with surrounding uses because the proposed antennas will be located on an existing Southern California Edison tower. The antennas will be painted to a color similar to that of the lattice tower and will blend in with the tower. Visibility of the antenna arrays will be obscured from surrounding neighbors. In addition, the equipment cabinets will be screened from public view with the use of landscaping. 3. The proposed Conditional Use Permit No. 01-70 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. Wireless telecommunications facilities located within 300 feet of a residential zone are allowed upon approval of a conditional use permit. 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. b. Objective U5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are provided. c. Policy U5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed new wireless communication antennas facilitate telecommunication service and improve wireless communication coverage for the community. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.01-70: 1. The site plan, floor plans and elevations received and dated November 13, 2001, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. 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. ZA Minutes 05/22/02 7 (02=0522) b. The applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. • 4. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. The applicant shall paint the antenna panels and microwave dish a color similar to that of the Southern California Edison lattice tower. b. The applicant shall provide landscaping along the west side of the lattice tower and around the corners subject to review and approval of the Park Tree and Landscape Division. c. 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. d. A Fire Protection Plan in compliance with City Specification No. 426 — Fire Safety Requirements for Construction Sites — shall be submitted to the Fire Department. (FD) e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification No. 428. (FD) f. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424 — Portable Fire Extinguishers. (FD) 5. The use shall comply with the following: • a. The existing landscaping shall be maintained, if any of the landscaping is damaged during the removal of the antenna and/or installation of the antenna, the City's Landscape Architect shall be notified. (PW) b. If the facility use is discontinued, the equipment and antenna shall be removed within 30 days. (PW) c. If the facility is going to the street to obtain power and/or service, the applicant shall submit plans to the Public Works Department for review and approval. (PW) d. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach or the countywide system 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. 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. ZA Minutes 05/22/02 8 (02zm0522) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 01-70 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-70 shall become null and void unless exercised within one year of the date of final approval, which is May 22, 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. 01-70, 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. 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. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) ITEM 4: CONDITIONAL USE PERMIT NO.02-07 (GREER PARK WCF) APPLICANT: Duan Dao, The Consulting Group, 18500 Von Karman Avenue, Irvine, CA 92612 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To establish, maintain, and operate a wireless communications facility consisting of a forty-five (45) ft. high monopole disguised as a pine tree with twelve (12) antenna arrays and associated equipment shelter. LOCATION: 6900 Brunswick Drive (north side of McFadden Avenue, east of Goldenwest Street; Greer Park) PROJECT PLANNER: Rami Talleh ZA Minutes 05/22/02 9 (02zm0522) Rami Talleh, Staff Planner, displayed project plans, elevations and photographs stating the purpose, location and zoning of the requested project. Staff stated that the location of the proposed project was • incorrectly noticed as east of Goldenwest Street instead of west. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that conditions no 4.a., 4.b and 4.e are not applicable to this project and recommended deletion thereof. Staff stated that one telephone call was received concerning RF exposures. Staff addressed issues received in a letter dated May 15, 2002, concerning the fact that relocating the restroom was not noticed. Staff stated that the letter further requested information concerning provisions and maintenance of the restroom and a water fountain. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the plans with staff. Staff stated that revised plans were received on May 17, 2002, and recommended amending the date in Condition No. 1. Staff also recommended deleting conditions no. La and 1.b. Ms. Broeren confirmed with staff that Community Services has reviewed and agreed to the revised plans. THE PUBLIC HEARING WAS OPENED. Duan Dao, The Consulting Group, 18500 Von Karman Avenue, Irvine, applicant, stated that they have read the conditions of approval. Mr. Dao stated that he was present to answer any questions. isTHERE 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 approve the request with modification to the conditions as recommended by staff above. Ms. Broeren asked staff to add a new Condition No. 3.a as follows: a. A Maintenance Impact Statement shall be submitted to the Public Works Department. CONDITIONAL USE PERMIT NO.02-07 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the proposal consists of construction of a small facility which complies with all development standards. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.02-07: 1. Conditional Use Permit No. 02-07 for the establishment, maintenance and operation of a wireless communications facility consisting of a forty-five (45) ft. high monopole disguised as a pine tree ZA Minutes 05/22/02 10 (02zm0522) with twelve (12) antenna arrays and associated equipment shelter 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 monopole will be disguised as a pine tree and will be centrally located within Greer Park. The wireless communication facility will not generate traffic or other impacts, which would be detrimental to surrounding commercial and residential uses. 2. The conditional use permit will be compatible with surrounding uses because the design and location of the wireless communication facility will enable it to blend in with the existing natural vegetation. The "monopine will be surrounded by existing trees of the same height or higher. Visibility of the facility will be obscured from the neighbors and persons using the park. 3. The proposed Conditional Use Permit No. 02-07 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. 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 Public on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. b. Objective U5.1: Ensure that adequate natural gas, telecommunication, and electrical systems are provided. c. Policy U5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-07: 1. The site plan, floor plans, and elevations received and dated May 17, 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. A Maintenance Impact Statement shall be submitted to the Public Works Department 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 applicant shall provide a copy of the lease agreement between the property owner and the applicant prior to the issuance of a building permit. ZA Minutes 05/22/02 11 (02zm0522) 4. The final building permit(s) cannot be approved, and utilities cannot be released until the following • has been completed: a. 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. b. A Fire Protection Plan in compliance with City Specification No. 426 — Fire Safety Requirements for Construction Sites — shall be submitted to the Fire Department. (FD) c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification No. 424 — Portable Fire Extinguishers. (FD) d. A list of contents found within the equipment shelter shall be submitted to the Fire Department. (FD) 5. The use shall comply with the following: a. If electrical power is accessed from McFadden Avenue, traffic control plans shall be submitted for review and approval for work within McFadden Avenue. (PW) b. The existing landscaping shall be maintained, if any of the landscaping is damaged during the removal of the antenna and/or installation of the antenna, the City's Landscape Architect shall be notified. c. If the facility use is discontinued, the equipment and antenna shall be removed within 30 days. (PW) d. If the facility is going to the street to obtain power and/or service, the applicant shall submit plans to the Public Works Department for review and approval. (PW) e. At all times, other than during the 24-hour cure period, the applicant shall not prevent the City of Huntington Beach or the countywide system 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. 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. • ZA Minutes 05/22/02 12 (02zm0522) 0 INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 01-70 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-07 shall become null and void unless exercised within one year of the date of final approval, which is May 22, 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. 02-07, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. 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. 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. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) 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 29, 2002 AT 1:30 PM. Mar Beth roeren Zoning Administrator 9 :rmk ZA Minutes 05/22/02 13 (02zm0522)