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HomeMy WebLinkAbout2002-12-04® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 4, 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: CONDITIONAL USE PERMIT NO. 02-52NARIANCE NO. 02-13 (CALVARY BAPTIST CHURCH STORAGE UNITS — CONTINUED FROM THE NOVEMBER 20, 2002 ® MEETING WITH THE PUBLIC HEARING CLOSED): APPLICANT: Donald L. Modglin, 17568 Oak Street, Fountain Valley, CA 92708 PROPERTY OWNER: Calvary Baptist Church, 8281 Garfield Avenue, Huntington Beach, CA 92646 REQUEST: CUP: To allow three outdoor storage containers (one 8-ft. by 39-ft. and two 8-ft. by 10-ft.) up to ten ft. in height in conjunction with an existing church. VAR: To allow (a) three storage containers at a zero street - side setback in lieu of a ten ft. setback; and (b) asphalt paving in lieu of 10 ft. of required landscaping along a street -side setback. LOCATION: 8281 Garfield Avenue (northwest corner of Garfield Avenue and Gregory Lane) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request was continued from the previous meeting to allow the applicant time to discuss alternatives with the Building Department. Staff recommended denial of the proposed project based upon the suggested findings as outlined in the staff report. Staff suggested a schedule to remove the containers consistent with the practices of Code Enforcement, and to allow abatement of the violation. THE PUBLIC HEARING WAS RE -OPENED. • Donald L. Modglin, 17568 Oak Street, Fountain Valley, applicant, agreed to remove the containers, stated that they have started the process of removal, and stated that they need time to work with the Boy Scouts in the removal of their property from the containers. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated that she was going to deny the request based upon staffs suggested findings as outlined in the staff report. Ms. Broeren encouraged the applicant to comply with the schedule as recommended by Code Enforcement. She advised the applicant that the church will be fined if the containers are not removed by the end of February. The applicant agreed. CONDITIONAL USE PERMIT NO. 02-52NARIANCE NO. 02-13 WERE DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. 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 15303 of the CEQA Guidelines, because the project consists of the installation small accessory structures. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 02-52: 1. Conditional Use Permit No. 02-52 to allow three outdoor storage containers (one 8-ft. by 39-ft. and two 8-ft. by 10-ft.) up to ten ft. in height in conjunction with an existing church will 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 storage containers do not comply with Building Code requirements, including required minimum separation between structures, and consequently present a threat to public health and safety. 2. The conditional use permit would be incompatible with surrounding uses. The proposed metal exterior finish of the storage containers, lack of architectural enhancement or fagade articulation, and impermanent character of the structures is incompatible with adjacent residential uses and inconsistent with the City's Urban Design Guidelines. In addition, the proposed containers and asphalt -paved ground displace a required landscaped setback/buffer area intended to enhance the quality and appearance of the project site. 3. The proposed Conditional Use Permit No. 02-52 will not comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The proposed storage containers do not meet Huntington Beach Zoning • ZA Minutes 12/04/02 2 (02zm1204) and Subdivision Ordinance minimum property line setback and screening requirements. In addition, the proposed storage containers displace ten feet of required landscaping along the property's Gregory Lane street frontage. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the Land Use Element designation of PS (Public Semi-public) on the subject property. In addition, the proposed storage containers are inconsistent with the following goals and policies of the General Plan: LU 4.2: Ensure that structures and sites are designed and constructed to maintain their long- term quality. LU 4.2.1: Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations, including new, adaptively re -used, and renovated buildings. LU 9.4.2 Require that institutional structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures. FINDINGS FOR DENIAL - VARIANCE NO. 02-13: 1. The granting of Variance No. 02-13 to allow (a) three storage containers at a zero street -side setback in lieu of a ten ft. setback; and (b) asphalt paving in lieu of 10 ft. of required landscaping along a street -side setback will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. The subject property does not present insoluble constraints to development due its size, shape, topography, location, surroundings or other unique circumstances which are found to deprive it of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject site exceeds the 2.0 acre minimum lot size by 0.813 acres, is rectangular in shape, has a level topography, is located in a zone which accommodates the intended use and is surrounded by residential land uses — as is typical of PS districts City-wide. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. Two of the three proposed storage containers are currently used to house supplies and materials of organizations based off -site (Boy Scouts of America and a national women's bible study organization). In addition, the subject property is developed with several buildings, which may be adaptively re -used to provide the necessary storage capacity. Moreover, the applicant has not submitted plans or other information, which demonstrates that the site lacks adequate development potential to serve on -site storage needs. 4. The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed storage containers do not comply with applicable building code requirements designed to protect the public health, safety and welfare. ZA Minutes 12/04/02 3 (02=1204) ITEM 2: ENTITLEMENT PLAN AMENDMENT NO. 02-12 (BEVERAGES & MORE): • APPLICANT: Steve McLaren, 1470 Enea Circle, Suite 1600, Concord, CA 94520 PROPERTY OWNER: Beach Terry Partners, LLC, 18801 Ventura Boulevard, Suite 300, Tarzana, CA 91356 REQUEST: To amend Conditional Use Permit No. 02-43 to allow limited on -site beer/wine tasting and associated classes for up to 12 people, in conjunction with the retail sale of alcoholic beverages for off -site consumption in an existing 11,000 sq. ft. suite, within an existing shopping center. LOCATION: 16672 Beach Boulevard, Suite K (east side of Beach Boulevard, south of Heil Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project as well as the suggested findings and conditions of approval. 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. 0 THE PUBLIC HEARING WAS OPENED. Mike Lyons, 1 Midlothian, Dove Canyon, District Manager for Beverages and More, stated that he was available to answer questions and asked if the 10-day appeal period could be waived. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, and staff discussed Condition No. 2 and the applicant's request for a waiver of the 10-day appeal period. ENTITLEMENT PLAN AMENDMENT NO. 02-12 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 the operation and minor ZA Minutes 12/04/02 4 (02zm1204) alteration of an existing commercial structure involving negligible or no expansion of use beyond that Spreviously existing. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 02-12: Entitlement Plan Amendment No. 02-12 to amend Conditional Use Permit No. 02-43 to allow limited on -site beer/wine tasting and associated classes for up to 12 people, in conjunction with the retail sale of alcoholic beverages for off -site consumption in an existing 11,000 sq. ft. suite, within an existing shopping center 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 entitlement plan amendment will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the property. 2. The entitlement plan amendment will be compatible with surrounding uses. The proposed use will be operated in an existing commercial shopping center, adjacent to other commercial uses of similar nature and intensity. 3. The proposed Entitlement Plan Amendment No. 02-12 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. The proposed amendment to the existing conditional use permit provides for the establishment of a use permitted in the CG base district, subject to conditional use permit approval, pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance ® — CO, CG, and CVDislricts: Land Use Controls. No new construction is proposed. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG (Commercial General) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10.1.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. The proposed wine tasting and associated classes will be ancillary and incidental to the previously approved retail establishment. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO. 02-12: 1. The floor plan received and dated November 8, 2002, shall be the conceptually approved layout. 2, The use shall operate consistent with the narratives received and dated November 8, 2002 and November 14, 2002. 3. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) ® license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. ZA Minutes 12/04/02 5 (02zm1204) 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Entitlement Plan Amendment No. 02-12 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 02-12 shall become null and void unless exercised within one year of the date of final approval which is December 4, 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 Entitlement Plan Amendment No. 02-12, 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. 0 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. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to commencement of wine tasting and/or classes. 8. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. ZA Minutes 12/04/02 6 (02=1204) ® ITEM 3: TENTATIVE PARCEL MAP NO 2002-217 (KAHALE AUTOMOTIVE)• APPLICANT/ PROPERTY OWNER: Nabil Kahale, 8927 Swordfish Lane, Fountain Valley, CA 92708 REQUEST: To consolidate four lots and east half of abandoned alley into one 11,825 sq. ft. parcel. LOCATION: 7383 Harriman Avenue (north side of Harriman Avenue, south of Talbert Avenue, west of Gothard Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project as well as the suggested findings and conditions of approval as outlined in the staff report. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff suggested the elimination of Condition No. 7.c because it is a duplication of a condition in the original conditional use permit. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211-B Main Street, representing the applicant, stated that they have no objections to the suggested conditions of approval. Mr. Harlow asked if a covenant could be recorded in place of the final parcel map. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, addressed Mr. Harlow's question concerning a covenant and advised that the applicant would have to file for a waiver. TENTATIVE PARCEL MAP NO.2002-217 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15315 of the CEQA Guidelines, because the project consists of a minor land division in an urbanized area zoned for industrial use. The proposed project is in conformance with the General Plan and Zoning Ordinance and no variances or exceptions are required. ZA Minutes 12/04/02 7 (02zm1204) FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2002-217: 1. Tentative Parcel Map No. 2002-217 to consolidate four lots and east half of abandoned alley • into one 11,825 sq. ft. parcel is consistent with the General Plan Land Use Element designation of I-172-d (Industrial - 0.5 maximum floor area ratio — design overlay) on the subject property, and applicable provisions of the Huntington Beach Zoning & Subdivision Ordinance (HBZSO). The proposed parcel map will accommodate development of a previously approved industrial building. The HBZSO permits the creation of lots smaller than 20,000 sq. ft. with an approved development plan. 2. The site is physically suitable for the type and density of development proposed. The proposed parcel map will accommodate development of a previously approved industrial building designed in accordance with applicable land use and development standards, with the exception of a reduced parking stall width adjacent to a fence and reduced landscaping along a side property line, for which variances have previously been granted. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site is void of fish or wildlife habitat, and is not located within an environmentally sensitive area. Proposed development is subject to review and approval of a water quality management plan, hydrology and hydraulic studies and an erosion control plan designed to minimize any potential environmental impacts. 4. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of property within the proposed subdivision unless alternative easements for access or for use will be provided. No public easements exist on the subject property, with the exception of utility easement along the property's street frontage to be dedicated to the City. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 2002-217: 1. The tentative parcel map to consolidate four lots and the east half of an abandoned alley into one 11,825 sq. ft. parcel received and dated October 30, 2002 shall be the approved layout. 2. The project shall comply with Conditional Use Permit No. 98-55/ Variance No. 98-28 conditions of approval. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. A reproducible mylar copy and print of the final parcel map shall be submitted to the Department of Public Works at the time of recordation. b. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor. 0 2) Provide a digital -graphics file of said map to the County of Orange. ZA Minutes 12/04/02 8 (02zm1204) ® c. Provide a digital -graphics file of said map to the City per the following criteria: Design Specification: 1) Digital data shall be full size (1:1) and in compliance with the California coordinate system — STATEPLANE Zone 6 (Lambert Conformal Conic projection), NAD 83 datum in accordance with the County of Orange Ordinance 3809. 2) Digital data shall have double precision accuracy (up to fifteen significant digits). 3) Digital data shall have units in US FEET. 4) A separate drawing file shall be submitted for each individual sheet. 5) Digital data shall be in compliance with the Huntington Beach Standard Sheets, drawing names, pen color and layering conventions. 6) Feature compilation shall include, but shall not be limited to: Assessor's Parcel Numbers (APN), street addresses and street names with suffix. File Format and Media Specification: 7) Shall be in compliance with the following file format: ➢ AutoCAD (version 13 or later) drawing file: _.DWG 8) Shall be in compliance with the following media type: ➢ CD Recordable (CD-R) 650 Megabytes ® 4. The Departments of Planning, Public Works and Fire are responsible for compliance with all conditions of approval herein as noted after each condition. The Planning Director and Public Works Director shall be notified in writing if any changes to tract map are proposed as a result of the plan check process. Permits shall not be issued until the Planning Director and Public Works Director have 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 HBZSO. The final parcel map shall be recorded with the County of Orange prior to issuance of building permits. 6. Additional right-of-way shall be dedicated along the Harriman Avenue frontage as follows: a. Two (2) feet for street purposes. b. Four and one-half (4.50) feet for public utility and sidewalk easement purposes. 7. The following public improvements are required to be completed with development on Parcel 1 and shall be listed on the recorded final parcel map (No. 2002-217): a. Curb and gutter and street pavement along the Harriman Avenue frontage. ® b. Sewer lateral. ZA Minutes 12/04/02 9 (02zm1204) 8. New curb and gutter shall be 20 feet northerly of centerline (more or less) to match the existing curb and gutter westerly of the site. The new curb and gutter shall include a transition at the • easterly site frontage to join the existing curb and gutter at that location. 9. New electrical, telephone, and cable TV utility services to the parcel shall be placed underground. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO. 2002-217: 1. Tentative Parcel Map No. 2002-217 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 2002-217 shall become null and void unless exercised within two (2) years of the date of final approval which is December 4, 2004. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Department a minimum 60 days prior to the expiration date. 3. All applicable fees shall be paid from the Building, Public Works, and Fire Departments fees prior to map recordation. (PW) 4. The applicant shall submit a check in the amount of $43 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. • ITEM 4: CONDITIONAL USE PERMIT NO. 02-54 (MIRAND RESIDENCE): APPLICANT/ PROPERTY OWNER: Alex Mirand, 16582 Ensign Circle, Huntington Beach, CA 92649 REQUEST: To convert 349 sq. ft. of attic space into a third story recreation room within an existing single-family home. The addition will not result in any exterior modifications. LOCATION: 16582 Ensign Circle (north side of Ensign Circle) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and stated that the one window will be oriented away from the neighbors. 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. • ZA Minutes 12/04/02 10 (02=1204) THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with the applicant that they understand the condition concerning the backflow prevention device. CONDITIONAL USE PERMIT NO. 02-54 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 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. 02-54: ® 1. Conditional Use Permit No. 02-54 to convert 349 sq. ft. of attic space into a third story recreation room 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 third story recreation room will be confined within the existing volume of the second story roof. In addition, the existing 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 12/04/02 11 (02=1204) The third story recreation room will be confined within the existing second story roof volume. The • windows of the recreation room will not be oriented toward neighboring residential properties. The height of the house is twenty-seven (27) feet, which is comparable to surrounding homes. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-54: 1. The site plan, floor plans, and elevations received and dated October 10, 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 subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: 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. 4. The final building permit cannot be approved until the following has been completed: . a. A separate backflow protection device shall be installed, per Water Division standards, for the existing domestic water service. 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 REQUIREMENTS: 1. Conditional Use Permit No. 02-54 shall not become effective until the ten -calendar day appeal period has elapsed. • ZA Minutes 12/04/02 12 (02zm1204) . 2. Conditional Use Permit No. 02-54 shall become null and void unless exercised within one year of the date of final approval, which is December 4, 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. 02-54, 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. 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. ® 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. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. THE MEETING WAS ADJOURNED AT 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 11, 2002 AT 1:30 PM. Mar Beth Broeren Zoning Administrator 0 : rmk ZA Minutes 12/04/02 13 (02zm1204)