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MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DULY 24, 2002 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording
secretary)
MINUTES: NONE
ORAL COMMUNICATION: NONE
ITEM 1: CONDITIONAL USE PERMIT NO. 02-15NARIANCE NO. 02-07 (KAHALE
INDUSTRIAL BUH,DING — CONTINUED FROM THE DUNE 26, 2002 MEETING WITH
THE PUBLIC HEARING CLOSED)
APPLICANT:
Daniel Kahale, 8927 Swordfish Lane, Fountain Valley, CA 92708
PROPERTY OWNER:
Roy A. Cunningham, 922 Hyde Court, Costa Mesa, CA 92626
REQUEST:
CUP: To permit the construction of a 3,862 sq. ft. industrial building
for automobile oil change, lube and smog testing services on a
substandard parcel. The net lot area is 7,674 sq. ft. in lieu of the
minimum required lot area of 20,000 sq. ft.; and to permit a reduction in
parking based on the proposed mix of uses (storage, office, and auto
repair). VAR: To permit a minimum 10 ft. front yard setback in lieu of
an average of 20-feet and to permit a two -foot six-inch interior
landscape planter width in lieu of three feet and permit a two -foot
vehicle overhang.
LOCATION:
7422 Warner Avenue (southeast corner of Warner Avenue and
Palmdale Street)
PROJECT PLANNER:
Paul Da Veiga
Paul Da Veiga, Staff Planner, displayed project plans stating the purpose, location, zoning, and
existing uses of the requested project. Staff presented a review of the staff report and the applicant's
revised plans. Staff recommended modifying Condition No. 1 to reflect a date of July 23, 2002 and
recommended the following modifications: •
Add a new Condition No. I I:
The two 42-inch high walls along Palmdale Street located on each side of the drive aisle and one
42-inch wall along Warner Avenue shall be eliminated from the plans. The existing 42-inch high
walls around the patio may remain
Add a new Condition No. 4. a:
The applicant shall submit an application for a parcel map and obtain approval from the Zoning
Administrator for the consolidation of the two existing parcels.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report and with the modifications as recommended above.
Mary Beth Broeren, Zoning Administrator, reviewed the plans with staff and a general discussion
ensued. Ms. Broeren stated that based upon new information submitted the public hearing would be
re -opened.
THE PUBLIC HEARING WAS RE -OPENED.
Dick Harlow, 211-B Main Street, representing the applicant, came forward and reviewed the
elevations with staff.
Ms. Broeren confirmed with the applicant that they concur with the conditions of approval and will file •
an application for a parcel map as recommended by staff.
Daniel Kahale, 8927 Swordfish Lane, applicant, approached with photographs and spoke in support of
the proposed project.
John Vaughan, 7472 Warner Avenue, neighboring property owner, stated that he does not oppose the
original plans for the building provided parking does not become an issue.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO. 02-15NARIANCE NO.02-07 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) 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
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Section 15303 of the CEQA Guidelines, which exempts new structures in already urbanized areas that
® are less than 10,000 square feet in floor area.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-15:
Conditional Use Permit No. 02-15 to permit the construction of a 2,385 sq. ft. industrial building
for automobile oil change, lube and smog testing services on a substandard parcel with a net lot
area of 7,674 sq. ft. in lieu of the minimum required lot area of 20,000 sq. ft. and to permit a
reduction in parking based on the proposed mix of uses (storage, office, and auto repair) within the
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
automotive repair area of the proposed industrial facility will be restricted to a specific portion of
the building as shown on the floor plans dated February 18, 2002. Other portions of the building
will be used specifically as storage and general office use areas. With the conditions imposed,
including the recordation of a covenant restricting work in specific areas inside and outside the
building, impacts to surrounding properties will be minimized.
2. The conditional use permit will be compatible with surrounding uses consisting of industrial and
automotive repair uses. In addition, the architectural design and use of the proposed building will
be compatible with the existing industrial development in the area.
3. The proposed Conditional Use Permit No. 02-15 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. In addition, any specific condition required for the proposed use in the
district in which it would be located, except for a 10-foot front yard setback in lieu of the average
20-foot setback required in the zoning code and perimeter landscape planters with a width of 2
feet six inches in lieu of the required three-foot width.
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:
LU 12.1 Provide for the continuation of existing and the development of additional industrial
uses that capitalize upon the existing and emerging types of industries, offer
opportunities for the clustering of key economic sectors, and maintain the character
and quality of the City.
LU 12.1.4: 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 15.1.5.a: Require that new and recycled industrial structures and sites be designed to convey
visual interest and character and to be compatible with adjacent uses, considering
the architectural design treatment of all building elevations.
® The proposed industrial auto repair use is consistent with surrounding uses which predominately
consist of auto repair and industrial uses. The proposed building will be located nearest to the
corner of Palmdale Street and Warner Avenue with the repair bays facing onto the subject
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property, and not visible from a major arterial. The applicant will be required to use similar
architectural treatments on all elevations to convey visual character and high quality of design and
materials. is
FINDINGS FOR APPROVAL - VARIANCE NO. 02-07:
The granting of Variance No. 02-07 to permit a minimum 10 ft. front yard setback in lieu of the
average 20-foot front yard setback and to permit a two -foot six-inch interior landscape planter
width in lieu of the required three-foot width and permit a two -foot vehicle overhang will not
constitute a grant of special privilege inconsistent with limitations upon other properties in the
vicinity and under an identical zoning classification. The subject lot is substandard in size
measuring approximately 7,674 sq. ft. in lieu of the minimum required lot area of 20,000 square
feet. There are constraints to developing the subject lot that are unique to the site including its
size and frontage onto a major arterial. In addition, other properties along the Warner Avenue
frontage have been developed with similar setbacks.
2. Because of special circumstances applicable to the subject property including size and location, the
strict application of the zoning ordinance is found to deprive the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone classification. The size of the
subject property is substandard and it is located on a major arterial resulting in development
constraints such as positioning the building to allow screening of the automotive repair bays and
compliance with landscape planter dimensions. The proposed location of the building, along the
frontage of the property with a 10-foot setback, provides screening of the repair bays from Warner
Avenue. To construct the building at another location on -site would result in visual exposure of
the repair bays to Warner Avenue. The proposed location of the building is consistent with the
Citywide Design Guidelines.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. Variance No. 02-07 will allow for the development and economic viability of the
subject property by allowing the necessary area to conduct an oil change and smog testing facility
and maintain an adequate parking area with spaces to accommodate the proposed mix of uses
within the proposed building.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. The site will be provided with the parking and
landscaping required by the City's zoning ordinance. With the conditions imposed, including the
restrictions on uses within the building, there will no negative impacts to adjacent industrial uses.
5. The granting of Variance No. 02-07 will not adversely affect the General Plan. The proposed
industrial use is consistent with Industrial Land Use designation in the General Plan because the
location of the building mitigates impacts associated with the proposed use by directing the visual
and operational impacts away from public views.
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® CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-15NARIANCE
NO.02-07:
1. The site plan, floor plans and elevations received and dated July 23, 2002 shall be the conceptually
approved layout with the following modifications:
a. Elevations shall depict colors and building materials proposed.
b. Architectural treatments including windows, accents, colors, and materials shall be applied to
all elevations in compliance with elevations revised by staff, dated June 20, 2002.
c. The entry portion of the subject building shall be designed as the predominant architectural
element extending above the roof line of the remainder of the building in compliance with
elevations revised by staff, dated June 20, 2002.
d. The site plan shall be amended to provide a continuous perimeter landscape planter measuring
2 feet six inches in width along the south and east property lines.
e. The plans shall be modified to eliminate the entire 1,061 square foot second floor storage area.
f. The two 42-inch high walls along Palmdale Street located on each side of the drive aisle and
one 42-inch wall along Warner Avenue shall be eliminated from the plans. The existing 42-
inch high walls around the patio may remain.
g. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
h. 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)
All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration
equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally
compatible with the building in terms of materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical equipment plan showing screening must be
submitted for review and approval with the application for building permit(s). (Code
Requirement)
j. 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.
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k. The maximum separation between building wall and property line shall not exceed two (2) •
inches. Buildings designed to be located near to property line(s) must have their exterior wall
adjacent to the property line(s) designed for 2" maximum out of plane displacement resulting
from prescribed lateral forces specified by the Uniform Building Code. Maintenance
agreement may be required.
1. 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.
in. All fencing material, including any proposed sliding gate system shall be constructed of
decorative wrought iron or solid masonry material.
2. Prior to issuance of grading permits, the following shall be completed: (PW)
a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works
Department for review and approval. The following public improvements shall be shown on
the plan:
1) Curb, gutter and sidewalk along the Palmdale Street frontage, per City Standard Plan Nos.
202 and 207.
2) Remove and replaced the existing sidewalk on the Warner Avenue frontage per City
Standard Plan No. 207.
3) The existing driveway on Warner Avenue shall be removed and replaced with curb, gutter,
and sidewalk per City Standard Plan Nos. 202 and 207.
4) New driveway on Palmdale per City Standard Plan No. 211.
5) Remove the existing access ramp and replace with an ADA compliant access ramp at the
southeast corner of Warner Avenue and Palmdale Street.
6) Sewer lateral.
7) A new domestic water service and meter shall be installed per Water Division standards,
and sized to meet the minimum requirements set by the California Plumbing Code (CPC).
The water service shall be a minimum of 2-inches in size. The irrigation water service may
be combined with the domestic water service. A separate irrigation service is also
acceptable.
8) Separate backflow protection devices shall be installed, per Water Division standards for
domestic water service and irrigation water services.
9) The existing domestic water service and meter shall be abandoned per Water Division
standards.
10) Any proposed outdoor storage area shall be covered and drained to the sewer.
11) An oil water separator or clarifier is required.
12) The trash enclosure and service bays need to be directed to the BMP.
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b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
® prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be
identified and incorporated into the design. (PW)
c. A detailed soils analysis shall be prepared by a registered engineer. 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, street, and utilities. (PW)
d. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public
Works and Fire Departments for review and approval in accordance with City Specifications
No. 431-92 and the conditions of approval. The plan shall include methods to minimize
remediation-related impacts on the surrounding properties; details on how all drainage
associated with the remediation efforts shall be retained on site and no wastes or pollutants
shall escape the site; and shall also identify wind barriers around remediation equipment. (PW)
e. For import soils, the project shall comply with all provisions of the HBMC Section 17.04.085
and Fire Dept. City Specification 429, Methane District Building Permit Requirements. (FD)
f. The Fire Department must be notified of who will be the environmental site auditor supervising
testing operations during soil import. The selected environmental firm is responsible for
obtaining Fire Department approval for their testing plan. (FD)
g. The name and phone number of an on -site field supervisor hired by the developer shall be
® submitted to the Departments of Planning and Public Works. In addition, clearly visible signs
shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for
information regarding this development and any construction/grading-related concerns. This
contact person shall be available immediately to address any concerns or issues raised by
adjacent property owners during the construction activity. He/She will be responsible for
ensuring compliance with the conditions herein, specifically, grading activities, truck routes,
construction hours, noise, etc. Signs shall include the applicant's contact number, City contact
(Construction Manager (714) 536-5431) regarding grading and construction activities, and "1-
800-CUTSMOG I in the event there are concerns regarding fugitive dust and compliance with
AQMD Rule No. 403.
h. At least 30 days prior to any grading activity, notification to all property owners and tenants
within 300 feet of the perimeter of the property of a tentative grading schedule shall be
completed.
i. The developer shall coordinate the development of a truck haul route with the Department of
Public Works if the import or export of material is required. This plan shall include the
approximate number of truck trips and the proposed truck haul routes. It shall specify the
hours in which transport activities can occur and methods to mitigate construction -related
impacts to adjacent residents. These plans must be submitted for approval to the Department
of Public Works. (PW)
® j. A grading/erosion control plan shall be completed and must abide by the provisions of
AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of
Public Works indicating such compliance.
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3. Prior to submittal for building permits, the following shall be completed:
a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 •
for review and approval and inclusion in the entitlement file to the Planning Department
(necessary for major changes only); and submit 8 inch by 10 inch colored photographs of all
colored renderings, elevations, materials sample board, and massing model to the Planning
Department for inclusion in the entitlement file.
b. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three
pages of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The
minimum font size utilized for printed text shall be 12 point.
c. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department
in accordance with Fire Dept. City Specification No. 409. (FD)
d. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning
Department for addressing purposes after street name approval by the Fire Department. (FD)
e. All Fire Department requirements shall be noted on the building plans. (FD)
4. Prior to issuance of building permits, the following shall be completed:
a. The applicant shall submit an application for a parcel map and obtain approval from the Zoning •
Administrator for the consolidation of the two existing parcels. (PW)
b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural
and Landscape Standards and Specifications. (PW)
c. To maintain required emergency access and site safety during project construction phases,
submit a Fire Protection Plan showing construction gates and access in compliance with City
Specification #426 — Fire Safety Requirements for Construction Sites. (FD)
d. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. (FD)
e. Fire hydrants must be installed and be in service before combustible construction begins. Prior
to installation, shop drawings shall be submitted to the Public Works Department and
approved by the Fire Department. A new fire hydrant shall be required at the intersection of
Palmdale Street and Warner Avenue. (FD)
f. All Fire Department requirements shall be noted on the building plans. (FD)
g. A covenant defining the auto repair area (with exhibit) within the building, and restricting the
repair of vehicles outside of the designated repair area shall be submitted to the Planning
Department and reviewed as to form by the City Attorney. The covenant shall limit the square •
footage of auto repair, storage, and office areas within the building based on the number of
parking spaces available on -site. The covenant shall be recorded with the Orange County
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Recorder's Office, and a copy shall be submitted to the Planning Department for inclusion in
® the entitlement file.
5. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities
cannot be released until the following has been completed:
a. Complete all improvements as shown on the grading plans.
b. 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)
c. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted
and approved by the Fire Department prior to system installation. (FD)
d. Backflow protection shall be constructed per the Huntington Beach Water Division Standards
Plans for irrigation and fire suppression water services.
e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification
428. (FD)
f. 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)
g. The project will comply with all provisions of the Huntington Beach Fire Code and Fire Dept.
City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration.
(FD)
h. The project will comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and Fire Dept. City Specification No. 429 for new construction within the methane
gas overlay districts. (FD)
Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire
Code Standards. (FD)
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. Low level exit signs will be
included. (FD)
k. The applicant shall obtain the necessary permits from the South Coast Air Quality Management
District and submit a copy to Planning Department.
1. Compliance with all conditions of approval specified herein shall be accomplished and verified
® by the Planning Department.
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in. 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.
•
6. During demolition, grading, site development, and/or construction, the following shall be adhered
to:
a. Water trucks will be utilized on the site and shall be available to be used throughout the day
during site grading to keep the soil damp enough to prevent dust being raised by the
operations. (PW)
b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than
5:00 p.m., and shall be limited to Monday through Friday only. (PW)
c. Wet down the areas that are to be graded or that are being graded, in the late morning and
after work is completed for the day. (PW)
d. The construction disturbance area shall be kept as small as possible. (PW)
e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving
the site to prevent dust from impacting the surrounding areas. (PW)
f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to
prevent dirt and dust from leaving the site and impacting public streets. (PW)
g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding •
areas. (PW)
h. Wind barriers shall be installed along the perimeter of the site. (PW)
i. Remediation operations, if required, shall be performed in stages concentrating in single areas
at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW)
j. Comply with the "Water Quality Management Plan" requirements. (PW)
k. Construction equipment shall be maintained in peak operating condition to reduce emissions.
1. Use low sulfur (0.5%) fuel by weight for construction equipment.
in. Truck idling shall be prohibited for periods longer than 10 minutes.
n. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts.
o. Discontinue operation during second stage smog alerts.
p. 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 is
any construction/ grading activity.
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q. 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)
7. The use shall comply with the following:
a. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
b. All repair work shall be conducted wholly within the building.
c. Only the uses described in the narrative shall be permitted (See attached Narrative).
d. Any proposed changes in use(s) of the subject building shall be consistent with the limited auto
repair classification pursuant to Chapter 204.1O.EE.5 of the HBZSO (Commercial Use
Classifications — Vehicle Equipment Sales and Service) and shall be subject to the review and
approval of the Director of Planning.
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.
9. 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:
Conditional Use Permit No. 02-15/Variance No. 02-07 shall not become effective until the ten
calendar day appeal period has elapsed.
2. Conditional Use Permit No. 02-15/Variance No. 02-07 shall become null and void unless
exercised within one year of the date of final approval which is June 26, 2002.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 02-
15/Variance 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.
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5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits. 0
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 $123 per net new added daily trip ($11,734) at the
time of final inspection or issuance of a Certificate of Occupancy. (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
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) is
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.
12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays
ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 02-15 (WOODS RESIDENCE)
APPLICANT: Gary Woods, 31567 Via Dulcinea, San Juan Capistrano, CA 92675
PROPERTY OWNER: Emmanuel LLC, 16402 Grimaud Lane, Huntington Beach, CA 92649
REQUEST: To demolish an existing single-family residence and construct a new
4,327 square foot, two-story (29'-8") high, single-family residence. The
Coastal Development Permit includes a review and analysis for
compliance with the Infill Lot Ordinance. The Infill Lot Ordinance
encourages adjacent property owners to review the proposed
development for compatibility/privacy issues, such as window
alignments, building pad height, and floor plan layout.
LOCATION: 3452 Gilbert Drive (east side of Gilbert Drive)
PROJECT PLANNER: Rami Talleh
Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location and
zoning of the requested project. Staff presented a review of the suggested findings and conditions of
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approval, stated that the request is in compliance with the Infill Lot Ordinance, and recommended
® modifying the suggested conditions of approval as follows:
Condition No. Lb:
Reduce lot coverage to fifty (50%) percent to comply with the Huntington Beach Zoning and
Subdivision Ordinance.
Staff recommended approval of the request based upon the findings and subject to the conditions as
outlined in the staff report and with the modification as recommended above.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments
were received in response to the public notification. Staff advised that a letter of approval has been
received from the Homeowner's Association.
THE PUBLIC HEARING WAS OPENED.
J. S. Wayne, Huntington Harbour Property Owners' Association, stated that they approve the
proposed project.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren confirmed with the applicant that they would be able to meet the site coverage reduction
® and that they have read and understand the suggested conditions of approval.
COASTAL DEVELOPMENT PERMIT NO.02-15 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) WORKING DAYS.
ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 02-13/CONDITIONAL USE PERMIT
NO. 02-34 (SCHWARTZ RESIDENCE)
APPLICANT:
Frank Suryan, Jr., 3821 Seascape Drive, Huntington Beach, CA 92649
PROPERTY OWNER:
Martin Schwartz, 508 N. Maple Drive, Beverly Hills, CA 90210
REQUEST:
CDP: To permit the construction of a 552 square foot second story
addition and a 68 square foot first story addition to an existing single-
family residence. CUP: To permit a 6-foot high block wall within the
required 15-foot front yard setback in lieu of the maximum allowable
height of 42 inches.
LOCATION:
3821 Seascape Drive (north side of Seascape Drive, east of Sundancer
Lane)
PROJECT PLANNER:
Paul Da Veiga
®
Paul Da Vei a Staff Planner,
displayed project plans, elevations and photographs stating the purpose,
location and zoning of the
requested project. Staff presented a review of the suggested findings and
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conditions of approval. Staff recommended approval of the request based upon the findings and
subject to the conditions as outlined in the staff report. •
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the Homeowner's Association
has approved the proposed project.
THE PUBLIC HEARING WAS OPENED.
Keith Palmer, 2601 Airport Drive, #310, Torrance, requested clarification of conditions number 1.a,
Lb, 3.c, and 3.e. Mr. Palmer concurred with the suggested conditions of approval.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
COASTAL DEVELOPMENT PERMIT NO. 02-13/CONDITIONAL USE PERMIT NO. 02-34
WERE 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) 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 a minor addition to an existing
single-family residence.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.02-13:
1. Coastal Development Permit No. 02-13 for the construction of a 552 square foot second story
addition and a 68 square foot first story addition, to an existing single-family residence, 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
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.
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-34:
® 1. Conditional Use Permit No. 02-34 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.
0
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. 02-34 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
public streetscape including provisions for plant material enhancements such as vine pockets or
decorative plantings, and design features such as sculptured or textured masonry units.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-13/
CONDITIONAL USE PERMIT NO. 02-34:
1. The site plan, floor plans, elevations and landscape plan received and dated June 21, 2002 shall be
the conceptually approved layout with the following modifications:
a. 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
ZA Minutes 07/24/02 15 (02=0724)
subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement) .
b. 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 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. 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. 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.
c. The existing domestic water meter serving the proposed development shall be replaced with a
touch -read meter. The new domestic water meter shall be installed per Water Division
standards, and sized to meet the minimum requirements set by the California Plumbing Code
and the Uniform Fire Code. (PW)
d. The existing domestic water service serving the proposed development 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 a new domestic water service is required, the existing
service shall be abandoned per Water Division standards. The new domestic water service
shall be installed per Water Division standards, 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 one -inch in size. (PW)
e. A separate backflow prevention device shall be installed, per Water Division standards for the
domestic Water Service. (PW)
f. A 36-inch box tree shall be installed in the front yard. (PW)
•
ZA Minutes 07/24/02 16 (02=0724)
4. 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.
5. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning Director shall be notified in writing if any changes to the site plan, elevations and floor
plans are proposed as a result of the plan check process. Building permits shall not be issued until
the Planning Director has reviewed and approved the proposed changes for conformance with the
intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are
of a substantial nature, an amendment to the original entitlement reviewed by the Zoning
Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision
Ordinance. .
6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all
plans and information submitted to the City for review and approval.
INFORMATION ON SPECIFIC CODE REOUIREMENTS:
1. Coastal Development Permit No. 02-13/Conditional Use Permit No. 02-34 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. 02-13/Conditional Use Permit No. 02-34 shall become null and
void unless exercised within one year of the date of final approval or such extension of time as
may be granted by the Director pursuant to a written request submitted to the Planning
Department a minimum 30 days prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 02-
13/Conditional Use Permit No. 02-34, 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.
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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. 0
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.
7. State -mandated school impact fees shall be paid prior to issuance of building permits.
8. 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. 0
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 31, 2002 AT 1:30 PM.
AM�ABei�BroCeren
Zoning Administrator
:rmk
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