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HomeMy WebLinkAbout2002-07-03MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DULY 3, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: May 15, 2002 June 5, 2002 June 19, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE Items 2 and 3 were moved to the front of the agenda, respectively. Please note that the minutes will reflect ® actions taken in their original order. ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-10/ CONDITIONAL USE PERMIT NO. 02-23 (FRANEY RESIDENCE — CONTINUED FROM THE MAY 8, 2002, MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: Steve Wunderlich, Kirkpatrick Associates Architects, Inc., 4201 Redwood Avenue, Los Angeles, CA 90066 PROPERTY OWNER: David Franey and Stacie Coopman, 3602 Courtside Circle, Huntington Beach, CA 92649 REQUEST: CDP: to construct a 2,463 sq. ft. first -story addition and a 577 sq. ft. second -story addition to an existing 4,237 sq. ft. single-family residence. CUP: to permit a 6 ft. high block wall within the 15 ft. front yard setback in lieu of the maximum allowed height of 42 inches. LOCATION: 3602 and 3582 Courtside Circle (south side of Courtside Circle) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and surrounding uses of the requested project. Staff presented a review 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 proposed project complies with all of the development standards including height, setbacks and lot coverage. The block wall is compatible with surrounding properties and is similar to previous applications, which were approved in the neighborhood. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. Mary Beth Broeren, Zoning Administrator, reviewed with staff photographs of the existing neighborhood. A general discussion ensued concerning site coverage, parking requirements, placement of the block wall, compliance with setback requirements, and encroachment of the block wall. Ms. Broeren confirmed the following with staff: • The Homeowner's Association has approved the location of the block wall. • The applicant has read and agreed to the conditions of approval. • The Infill Lot Ordinance does not apply to this project. • The existing block wall complies with code. Ms. Broeren asked staff to add a new condition as follows: Condition No. I. a: The proposed six (6) foot high wall located in front of the courtyard entrance to the existing single-family residence shall comply with the minimum fifteen (15) foot front yard setback. The wall shall then encroach no more than five (5) feet into the front yard setback at an angle to match the remaining portion of the proposed wall. • COASTAL DEVELOPMENT PERMIT NO.02-10/CONDITIONAL USE PERMIT NO.02-23 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM 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 project consists of additions to an existing single- family residence. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-10: 1. Coastal Development Permit No. 02-10 for the construction of a 329 sq. ft. first -story addition and a 580 sq. ft. second -story addition to an existing 4,237 sq. ft. single-family residence and construction of a 480 sq. ft. guestroom as proposed conforms with the General Plan, including the Local Coastal Program land use designation of Residential Low -Density. The project will not impact public views or access to coastal resources. • 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal. The project, as conditioned, meets all ZA Minutes 07/03/02 2 (02=0703) development regulations for Low Density residential zoning district, including building height, setbacks, site coverage and parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all -necessary services and infrastructure available. 4. The development complies with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-23: Conditional Use Permit No. 02-23 for the construction of a 6 ft. high block wall within the 15 ft. front yard setback in lieu of the maximum allowed height of 42 inches 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 fence design, colors and materials will compliment the existing neighborhood character and the proposed remodel and addition of the existing single-family home. Landscaping will be provided along the street frontage to further enhance the existing streetscape. 2. The conditional use permit will be compatible with surrounding uses because the fence is proposed in a neighborhood with an established pattern of variable building setbacks. The subject fence will be constructed with a varied front yard setback matching that of several dwellings in the surrounding area. 3. The proposed Conditional Use Permit No. 02-23 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 (HBZSO) and any specific condition required for the proposed use in the district in which it would be located. The HBZSO authorizes deviations from the fence height restrictions subject to approval of a Conditional Use Permit. 4. The granting of this conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low -Density - Coastal Zone (RL-CZ) 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 new development within existing residential neighborhoods be compatible with existing structures, including: - Maintenance of the predominant or median existing front yard setback and; - Use of complementary building materials, colors, and forms, while allowing flexibility for unique design solutions. b. UD 1.3.5: Require that privately developed walls make a positive visual contribution to the is decorative streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units. ZA Minutes 07/03/02 3 (02zm0703) CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.02-10/ CONDITIONAL USE PERMIT NO. 02-23: 1. The site plan, floor plans, elevations and landscape plan received and dated June 17, 2002 shall be the conceptually approved layout with the following modifications: a. The proposed six (6) foot high wall located in front of the courtyard entrance to the existing single-family residence shall comply with the minimum fifteen (15) foot front yard setback. The wall shall then encroach no more than five (5) feet into the front yard setback at an angle to match the remaining portion of the proposed wall. b. The cover sheet shall be corrected to reflect the correct lot coverage calculations. c. The west elevation shall be modified to be consistent the first and second story floor plans. d. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of - way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) e. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building • to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to 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. The applicant shall disclose the method of demolition on the demolition permit application for • review and approval by the Building and Safety Director. ZA Minutes 07/03/02 4 (02zm0703) 3. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following improvements shall be shown on the plan: 1) Sewer lateral serving 3602 Courtside shall be abandoned at the main line per the requirements of Public Works. 2) The existing domestic water service serving 3582 Courtside may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If the existing domestic water service serving 3582 Courtside is utilized, the existing 1-inch water meter shall be replaced with a touch read meter and shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code and Uniform Fire Code. 3) Otherwise, a new domestic water service and meter shall be installed per Water Division standards, constructed clear of the driveway approach(es), and sized to meet the minimum requirements set by the California Plumbing Code and Uniform Fire Code. The water service shall be a minimum of 1-inch in size. Consequently, the existing domestic water service and meter serving 3582 Courtside shall be abandoned per Water Division standards. 4) Separate backflow protection device(s) shall be installed, per Water Division standards for domestic water service(s). 5) The existing domestic water service and meter serving 3602 Courtside shall be abandoned is per Water Division standards. 6) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). 7) The existing street light shall be shown on the grading plan in relationship to the existing tree. The plan shall indicate that the tree is to be trimmed back to remove obstruction to the street light. b. A detailed soils analysis shall be prepared by a licensed engineer and be submitted to Public Works for reference only. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. c. Temporary erosion control with structural devices to handle pollution control from an 85`I' percentile storm event. 4. 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) ZA Minutes 07/03/02 5 (02zm0703) 5. Prior to issuance of building permits, the following shall be completed: a. An automatic fire sprinkler system shall be installed throughout. For Fire Department approval, plans shall be submitted to the Building and Safety Department as separate plans for permits. b. A fire alarm system in compliance with Huntington Beach Fire Code is required. For Fire Department approval, shop drawings shall be submitted to the Building and Safety Department as separate plans for permits. The system shall provide water flow. 6. The final building permit(s) cannot be approved and use of the addition cannot commencement until the following has been completed: a. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) b. Privacy Gates shall be designed to comply with Fire Dept. City Specification 403. In addition the pool area shall have a KNOX access installed at the entry gates. (FD) 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. 7. 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. 8. 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 07/03/02 6 (02zm0703) 9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all Mplans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: Coastal Development Permit No. 02-10/Conditional Use Permit No. 02-23 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 02-10/Conditional Use Permit No. 02-23 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. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 02-10/Conditional Use Permit No. 02-23, 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. Standards landscape code requirements apply (Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance). 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. ZA Minutes 07/03/02 7 (02zm0703) ITEM 2: CONDITIONAL USE PERMIT NO. 02-16 (AT&T WIRELESS) APPLICANT: William Bennett, AT&T Wireless, 2301 Dupont Drive, Ste 200, Irvine, CA 92612 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To permit an existing wireless communication facility at a maximum height of fifty-seven (57) ft. in lieu of the maximum height requirement of fifty (50) ft. The entitlement includes a request to co -locate a second wireless communication facility consisting of three (3) flush -mounted antennas on the existing monopole at a height of thirty-seven (37) ft. and install four (4) equipment cabinets at its base. LOCATION: 3831 Warner Avenue (north side of Warner Avenue and east of Pacific Coast Highway, Warner Fire Station) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating that the applicant has requested a continuance to a date uncertain in order to consider alternative designs. Staff stated that one telephone call was received opposing the design of the facility followed by a letter with signatures from two other residents within the condominium complex. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the request will be re -advertised. • AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. CONDITIONAL USE PERMIT NO. 02-16 WAS CONTINUED TO A DATE UNCERTAIN AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN. ITEM 3: COASTAL DEVELOPMENT PERMIT NO.02-08 (ORANGE COUNTY SANITATION DISTRICT PUMP STATION — CONTINUED FROM THE MAY 29, 2002 MEETING) 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 PROJECT PLANNER: Ron Santos ZA Minutes 07/03/02 8 (02zm0703) Ron Santos, Staff Planner, stated that the applicant has requested a continuance to the July 31, 2002 meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO.02-08 WAS CONTINUED TO THE JULY 31, 2002 MEETING AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN. ITEM 4: TENTATIVE PARCEL MAP NO. 01-102/CONDITIONAL USE PERMIT NO. 01-01 SAV-ON APPLICANT: Timothy Reeves, Reeves Associates, 625 Fair Oaks Avenue, Suite 190, South Pasadena, CA 91030 PROPERTY OWNER: Wilbur W. Lorbeer, 5320 E. 2nd Street, Suite 9, Long Beach, CA 90803 REQUEST: TPM: To combine three parcels into one 56,595 sq. ft. parcel. CUP: To construct a 13,272 sq. ft. Sav-On Drug store with drive -through and 19% compact parking LOCATION: 6961 Bolsa Chica Street (northwest corner of Bolsa Chica Street and Warner Avenue) PROJECT PLANNER: Ron Santos Mary Beth Broeren, Zoning Administrator, stated that given the large number of public members present at today's hearing for this particular item, she would open the public hearing to allow testimony. Ms. Broeren advised that the applicant was not present to hear testimony and that the item would be continued with the public hearing open. Ron Santos, Staff Planner, displayed project plans stating the purpose, location, zoning, and surrounding uses of the requested project. Staff made a presentation and stated that the applicant has requested a two -week continuance. Staff stated that telephone calls of general interest were received expressing neither opposition nor support to the proposed project. Telephone calls were also received from existing tenants expressing displacement concerns. No other written or verbal comments were received in response to the public notification. Staff recommended a continuance to the July 17, 2002 meeting at the applicant's request. THE PUBLIC HEARING WAS OPENED. Richard Jones, 200 W. Santa Ana Boulevard, Santa Ana, attorney retained by Auto Rite, spoke in opposition to the proposed project. Mr. Jones stated that approval of the request would cause displacement of the existing businesses and that the current tenants are operating under existing leases. He stated that discussions opposing the request have taken place with the landlord. ZA Minutes 07/03/02 9 (02=0703) Carl O'Brien, 4911 Warner Avenue, Suite 106, owner of Mike's Liquor Store, spoke in opposition to the proposed project. Mr. O'Brien stated that he has obtained 485 signatures opposing the establishment of another drug store in the area. is Carol Cassaniti, 4955 Warner Avenue, Jonathan Hair Cutters, stated that she spoke with staff on the telephone, viewed the plans, and confirmed with staff that the existing strip mall was to be demolished. Mac Lindsey, 16961 Bolsa Chica Street, Big O Tires, stated that he was present to support the existing businesses. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren explained that the City cannot control landlord -tenant lease agreements and that the City cannot deny or approve an item because of existing leases. She explained that the City's role is from a land use perspective looking at how a project complies with code, how circulation is impacted, what the aesthetics of the project are going to be, and making sure that the project is compatible with the adjacent area. Ms. Broeren stated that the dynamics of the private economic market is outside of the City's purview and that land use law does not prohibit the number of drug stores in a jurisdiction. Ms. Broeren asked Mr. O'Brien to provide staff with a copy of the signed petition. Ms. Broeren stated that she was going to continue the item to the July 17, 2002, meeting as requested by the applicant. She stated that at that time staff would present a more detailed report for recommending denial of the conditional use permit as reflected on the agenda. Ms. Broeren advised that the item will not be re -noticed. TENTATIVE PARCEL MAP NO. 01-102/CONDITIONAL USE PERMIT NO. 01-01 WERE CONTINUED TO THE JULY 17, 2002 MEETING AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 10, 2002 AT 1:30 PM. Gam' Mar Beth roeren Zoning Administrator rmk .7 ZA Minutes 07/03/02 10 (02=0703)