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HomeMy WebLinkAbout2002-12-18MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 18, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Rami Talleh, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: November 20, 2002 December 4, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE Items S and 6 were moved to the front of the agenda. Please note that the Minutes will reflect ® actions taken in their original order. ITEM 1: CONDITIONAL USE PERMIT NO. 02-64 (IRON GATE/BLACK PEARL (TEA) BREWERY): APPLICANT: Melinda Paullins, 221 Main Street, Suite S, Huntington Beach, CA 92648 PROPERTY OWNER: Ben Trainer, 26165 Rinconada Drive, Carmel Valley, CA 93924 REQUEST: To permit (a) approximately 225 sq. ft. of outdoor retail display on private property located contiguous to the storefront, in conjunction with an existing retail use (The Iron Gate); and (b) approximately 225 sq. ft. of outdoor dining area on private property located contiguous to the storefront, in conjunction with an existing tea shop (Black Pearl Brewery). LOCATION: 221 Main Street, Suites D-E (south side of Olive Avenue, west of Main Street) 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 corrected the proposed square footage as follows: • To permit (a) approximately 112 sq. ft. of outdoor display on private property located contiguous to the storefront, in conjunction with an existing retail use (The Iron Gate); and (b) approximately 112 sq, ft. of outdoor dining area on private property located contiguous to the storefront, in conjunction with an existing tea shop (Black Pearl Brewery). Staff presented a review of the proposed project and 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. No written or verbal comments were received in response to the public notification. Staff stated that because no building permits are required for this project, the burden is placed on the applicant to comply with all building codes and to maintain ADA and emergency access. Mary Beth Broeren, Zoning Administrator, and staff discussed condition nos. 1, 5 and 2.i. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, 221 Main Street, property owner and architect for the proposed project, clarified that the items located at the Iron Gate are for display purposes only. Mr. Bergsma questioned the fee for the five-foot setback, and requested that the condition for a railing be eliminated. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff engaged in discussions concerning the fee for the setback and the conditioned railing. Ms. Broeren stated that she was going to approve the request with staffs suggested change to the square footage. She emphasized that this conditional use permit is specific to this particular business in terms of outdoor dining and would not be applicable should the use change. Ms. Broeren asked staff to modify the conditions as follows: Delete Condition No. l.a. Add new Condition No. 2.i.: The outdoor dining area (Black Pearl Brewery) shall be enclosed by a rail designed in accordance with the City standard for the Downtown Specific Plan area, at the discretion of the Planning Director, within 30 days of receipt of written notice from the Planning Department. Code Enforcement staff shall monitor the use on a continual basis and provide a recommendation on this matter to the Planning Director on or about June 16, 2003, and as deemed necessary at any time prior or thereafter. Modify Condition No. 5 as follows: A Code Enforcement Fee of $4.00 per square foot of outdoor dining ($4.00 X 112 s.f. = $448) shall be submitted to the Planning Department prior to establishment of the use and on a yearly basis on or prior to December 18. The fee shall be calculated based on 112 square -feet of outdoor dining area. CONDITIONAL USE PERMIT NO.02-64 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ZA Minutes 12/18/02 2 (02zm1218) 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. The project consists of the operation of existing facilities involving negligible or no expansion of the use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-64: Conditional Use Permit No. 02-64 to permit (a) approximately 112 sq. ft. of outdoor retail display on private property located contiguous to the storefront, in conjunction with an existing retail use (The Iron Gate); and (b) approximately 112 sq. ft. of outdoor dining area on private property located contiguous to the storefront, in conjunction with an existing tea shop (Black Pearl Brewery) 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. Proposed outdoor sales/display will occur adjacent to the applicant's storefront and will be sited to prevent interference with use of the surrounding area. The use permit is conditioned to ensure that adequate public, disabled and emergency access will be maintained. 2. The conditional use permit will be compatible with surrounding uses. The proposed outdoor dining/display areas are proposed in a district with a pedestrian overlay designation which encourages uses which enhance and stimulate pedestrian activity and which create a lively atmosphere along storefronts. Surrounding uses include several previously established outdoor dining areas. The proposed Conditional Use Permit No. 02-64 will comply with the provisions of the Downtown Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. Outdoor display/dining areas on private property are permitted with approval of a conditional use permit. Display/dining areas occupying less than 400 sq. ft. of floor area require no additional parking. 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 MV-F6/25-sp-pd (Mixed Use Vertical — 2.0 max floor area ratio — specific plan — pedestrian overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan and Local Coastal Program: LU 15.2.2: Require that uses in the pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/ DTSP: Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open- air establishments encouraged. ZA Minutes 12/18/02 3 (02zm1218) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-64: • 1. The site plan, floor plans and elevations received and dated November 1, 2002 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Outdoor dining/display shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. Employees of the respective establishments shall be prohibited from conducting activities associated with the business from the public right-of- way, including but not limited to food/beverage service, sales, and display setup. b. No stand-up, walk-up or pick-up food service or sales transactions shall be permitted within the outdoor dining/display area. c. Outdoor display/dining shall be permitted only during business hours of the respective establishment. d. Outdoor display/dining areas shall be continuously supervised by employees of the establishment. Behavior by customers or employees which disturbs passersby shall constitute a violation of conditions of approval. e. Signs of any kind shall be prohibited on the required rail and within the outdoor display/dining area. f. Disabled access requirements of the State Building Code shall be observed at all times. (BD) g. Outdoor display/dining activities shall not interfere with required exiting/access to the building nor with the visibility of required premise identification. h. The outdoor display area (The Iron Gate) shall be enclosed by a rail designed in accordance with the City standard for the Downtown Specific Plan area, at the discretion of the Planning Director, within 30 days of receipt of written notice from the Planning Department. The outdoor dining area (Black Pearl Brewery) shall be enclosed by a rail designed in accordance with the City standard for the Downtown Specific Plan area, at the discretion of the Planning Director, within 30 days of receipt of written notice from the Planning Department. Code Enforcement staff shall monitor the use on a continual basis and provide a recommendation on this matter to the Planning Director on or about June 16, 2003, and as deemed necessary at any time prior or thereafter. 3. 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. 4. 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. ZA Minutes 12/18/02 4 (02zm1218) 5. A Code Enforcement Fee of $4.00 per square foot of outdoor dining ($4.00 X 112 s.f. = $448) ® shall be submitted to the Planning Department prior to establishment of the use and on a yearly basis on or prior to December 18. The fee shall be calculated based on 112 square -feet of outdoor dining area. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 02-64 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-64 shall become null and void unless exercised within one year of the date of final approval which is December 18, 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. 02-64, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. ® 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 8. An encroachment permit shall be required for all work within the public right-of-way. (PW) 9. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ZA Minutes 12/18/02 5 (02zm1218) ITEM 2• COASTAL DEVELOPMENT PERMIT NO. 02-28 (TADROS RESIDENCE): APPLICANT: Bill Makari, 1150 E. Orangethorpe Avenue #109, Placentia, CA 92870 PROPERTY OWNER: Victor Tadros, 29055 River Run Lane, East Highland, CA 92346 REQUEST: To demolish a single-family dwelling and to construct a 5,982 sq. ft. two-story single-family dwelling with a 628 sq. ft. garage. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 3281 Bounty Circle (north side of Bounty Circle at Channel 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 presented a review of the proposed project, in particular the window alignment, and 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. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, reviewed the elevations. Ms. Broeren stated that given the orientation of the property, the orientation of the existing home and the angle, which appears minimal on the elevations, the proposed project is consistent with the intent of what the City's municipal code is trying to achieve. COASTAL DEVELOPMENT PERMIT NO. 02-28 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) WORKING 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 15302 of the CEQA Guidelines. The project consists of the demolition and replacement of a single-family dwelling on the same site with substantially the same purpose and capacity. ZA Minutes 12/18/02 6 (02zm1218) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-28: ® 1. Coastal Development Permit No. 02-28 to demolish a single-family dwelling and to construct a 5,982 sq. ft. two-story single-family dwelling with a 628 sq. ft. garage, conforms with the General Plan, including the Local Coastal Program Land Use designation of Residential Low -Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 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 Code. The project complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on -site parking. 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 dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms 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. 0 CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-28: The site plan, floor plans, and elevations received and dated November 18, 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) b. 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. (Code Requirement) 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. ZA Minutes 12/18/02 7 (02=1218) b. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. c. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 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 public improvements shall be shown on the plan: 1) Curb, gutter, driveway approach and sidewalk along the Bounty Circle street frontage, per City Standard Plan Nos. 202 and 207. 2) Sewer lateral. 3) The existing domestic water service and meter serving the proposed development may potentially be utilized if they are of adequate size, conform to current standards, and are in working condition as determined by the Water Division. If a new domestic water service and/or meter are required, the existing service and/or meter shall be abandoned per Water Division standards. The new domestic water service and/or meter shall be installed per the Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code. The water service shall be a minimum of one -inch in size. 4) A separate backflow protection device shall be installed, per Water Division standards for domestic water service. 5) One 36-inch box tree in the front yard. 6) House finish floor elevation shall be at 10.00 ft. minimum based on NAVD 88, 95 Adjustment (tidal surge elev.). 7) All surface runoff from the property shall drain to the street as much as possible. Drainage through or over the bulkhead shall be minimized as much as possible. b. A soils report prepared by a Licensed engineer shall be submitted for reference only. c. 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. d. 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) e. A grading/erosion control plan shall be completed and submitted to the Department of Public Works. The plan shall conform to the provisions of AQMD's Rule 403 as related to fugitive dust control. E ZA Minutes 12/18/02 8 (02zm1218) 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) A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (BD) d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 5. Prior to issuance of building permits, the following shall be completed: a. An automatic fire sprinkler system plan shall be submitted to the Building & Safety ® Department as separate plans for permits, for review and approval by the Fire Department. (FD) C7 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 & Safety Department as separate plans for permits. The system shall provide an exterior horn. (FD) 6. 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. All public infrastructure per the approved plans. b. Automatic sprinkler systems shall be installed throughout. (FD) c. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) d. A fire alarm system shall be installed to comply with Huntington Beach Fire Code Standards. (FD) e. 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. f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. ZA Minutes 12/18/02 9 (02=1218) 7. 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. 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) e. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) f. Use low sulfur (0.5%) fuel by weight for construction equipment. g. Truck idling shall be prohibited for periods longer than 10 minutes. h. 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) 0 S. 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 REQUIREMENTS: Coastal Development Permit No. 02-28 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. 02-28 shall become null and void unless exercised within one year of the date of final approval which is December 18, 2003, or such extension of time as may ZA Minutes 12/18/02 10 (02zm1218) 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. 02-28 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. 8. Park Fees shall be paid prior at issuance of building permits. 9. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. ITEM 3: CONDITIONAL USE PERMIT NO. 02-47 (BROWN RESIDENCE): APPLICANT/ PROPERTY OWNER: Larry and Barbara Brown, 6842 Bar Harbor Lane, Huntington Beach, CA 92648 REQUEST: To allow a five (5) foot high combination block wall and wrought iron fence at a setback of three feet six inches (3 %6") from the front property line in lieu of the maximum allowed height of forty-two (42") inches within the required fifteen (15) foot front yard setback. LOCATION: 6842 Bar Harbor (north of Palm Avenue, west of Goldenwest Street) 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 the suggested findings and conditions of approval as outlined in the staff report. ZA Minutes 12/18/02 11 (02zm1218) Mary Beth Broeren, Zoning Administrator, reviewed the proposed plans and photographs. Ms. Broeren engaged in a discussion with staff concerning staff's suggested modifications to the site • plans and elevations as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Barbara Brown, 6842 Bar Harbor Lane, applicant, addressed staffs recommended modifications as set forth in conditions no. La and Lb. Ms. Brown stated that letters from neighboring property owners have been received supporting the proposed project. She stated that it has been a pleasure working with staff. Larry Brown, 6842 Bar Harbor Lane, applicant, urged the zoning administrator's approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that various properties exist within the tract with six-foot high block walls. Ms. Broeren confirmed with the applicant that they understand and are prepared to comply with the City's requirement for a box tree within the front yard setback. Ms. Broeren stated that staffs proposal is more consistent with the overall intent that the City is attempting to achieve with the neighborhood given that a tract variance is already in existence, and that the City's goal is to have as much open landscaping within the front setback area as much as possible. Ms. Broeren stated that she was going to approve the request as recommended by staff with the following modification to the conditions: Condition No. Lc: One twenty-four (24) inch box tree shall be planted within the front yard setback. CONDITIONAL USE PERMIT NO. 02-47 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of minor alteration to an existing single family home. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-47: 1. Conditional Use Permit No. 02-47 for the construction of a five (5) foot high combination block t wall and wrought iron fence at a setback of three feet six inches (3'-6") to six (6) feet from the ZA Minutes 12/18/02 12 (02zm1218) front property line in lieu of the maximum allowed height of forty-two (42") inches within the required fifteen (15) foot front yard setback and a previously approved tract variance, which • allows a six (6) foot high block wall at a setback of six (6) feet 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 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. 02-47 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. 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 (RL) 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. The proposed wall will be designed with decorative features such as stucco colored to match the house and wrought iron fencing. The wall will be setback approximately six (6) feet from the front property line to comply with a previous tract variance. The setback will be reduced to three feet six inches (3'-6") to accommodate a knuckle in the public street. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-47: 1. The site plan and elevations received and dated September 6, 2002, shall be the conceptually approved layout with the following modifications: a. The location of the combination block wall and wrought iron fencing shall be required to comply with Exhibit A, dated December 12, 2002. ® b. All landscaping and fencing shall be less than thirty (30") inches in height measured from the top of the curb within the ten (10') foot angle of visibility at the intersection of a driveway and street. ZA Minutes 12/18/02 13 (02zm1218) c. One twenty-four (24) inch box tree shall be planted shall be planted within the front yard setback. 0 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. Contact the United States Postal Service for approval of mailbox location(s). 3. Prior to finalization of Building Permit the following shall be completed: a. A minimum of forty (40%) of the front yard shall be landscaped. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 5. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all • plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 02-47 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-47 shall become null and void unless exercised within one year of the date of final approval which is December 18, 2002, 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. 02-47 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. 0 ZA Minutes 12/18/02 14 (02zm1218) 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of ® Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. ITEM 4: COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 (LEWIS RESIDENCE) APPLICANT: Michael Mehalick, 525 A Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Rich and Sandy Lewis, 16472 Malden Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a 2,897 sq. ft. second story addition and a 1,688 sq. ft. third story addition to an existing single family dwelling. CUP: To construct the dwelling with a third story at a height of 34'-1 L" LOCATION: 16472 Malden Circle (north side of Malden Circle west of Gilbert Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the suggested findings for denial as outlined in the staff report. Staff stated that the applicant has been directed to comply with the City's zoning codes. Staff recommended denial of the request based upon the findings as outlined in the staff report. Staff stated that one letter was received from a neighboring property owner expressing concerns related to the height of the proposed project; one telephone call was received inquiring into the project; and the applicant has provided four letters in support of the proposed project. No other written or verbal comments were received in response to the public notification. Staff stated that the homeowner's association has recommended approval of the proposed project pending approval by the City. THE PUBLIC HEARING WAS OPENED. Rick Lewis, 16472 Malden Circle, property owner, spoke on behalf of the proposed project and urged the Zoning Administrator's approval. Lloyd Booth, 16522 Mariana Circle, stated that he resides on Gilbert Island and voiced strong opposition to the City's approval of two- and three-story buildings. Mr. Booth's objections were based upon loss of view. ® Michael Mehalick, 525 A Main Street, applicant, presented a history of the proposed site. Mr. Mehalick expressed a desire to work with staff in order to obtain approval of the request and presented drawings to determine areas of flexibility. ZA Minutes 12/18/02 15 (02zm1218) Gregg Parker, 16252 Bedford Lane, architect, reviewed the plans and urged the Zoning Administrator's approval. 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 staff s concerns. Ms. Broeren explained the development standards and codes as set forth by the City. She further explained the City's policy and procedure for the modification of codes. Discussion ensued concerning a continuance to allow the applicant time to substantially modify the plans in order to comply with code, or to apply for a variance. The applicant agreed to a continuance to the February 26, 2003 meeting. Ms. Broeren emphasized that substantial changes are required and that staff is available to work with the applicant to bring the proposed project into compliance. COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 WERE CONTINUED TO THE FEBRUARY 26, 2003 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 5: COASTAL DEVELOPMENT PERMIT NO. 02-25NARIANCE NO. 02-14 (PHILLIPS RESIDENCE) APPLICANT/ PROPERTY OWNER: Daryl Phillips, 1368 W. Anaheim St., Long Beach, CA 90813 REQUEST: CDP: To demolish an existing single-family dwelling and construct a one-story, 3,895 sq. ft. single-family dwelling. VAR. To allow a five (5) ft. street side yard setback in lieu of the minimum code required street side setback of ten (10) ft. The application also includes a request to allow 52% lot coverage in lieu of the maximum allowed lot coverage of 50%. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 16711 Peale Lane (southwest corner of Peale Lane and Gilbert Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, stated that the applicant has submitted a letter requesting a continuance to the January 8, 2003 meeting. Staff stated that the applicant intends to redesign the proposed project in order to comply with code and to eliminate the variance. Mary Beth Broeren, Zoning Administrator, confirmed that staff has received the applicant's letter requesting a continuance and that the applicant is prepared to pay the continuance fee. ZA Minutes 12/18/02 16 (02zm1218) C� J 0 • • THE PUBLIC HEARING WAS OPENED. Mike Adams, P.O. Box 382, Huntington Beach, representing the applicant, stated that they concur. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 02-25NARIANCE NO. 02-14 WERE CONTINUED TO THE JANUARY 8, 2003 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 6: TENTATIVE PARCEL MAP NO.2002-218 (KAHALE-LOT CONSOLIDATION) APPLICANT/ PROPERTY OWNER: Daniel Kahale, 8927 Swordfish Lane, Fountain Valley, CA 92708 REQUEST: To consolidate two lots and north half of an abandoned alley into one 7,840 sq. ft. parcel. 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 proposed project and 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 stated that the requested tentative parcel map satisfies the original conditional use permit related to this project and is consistent with the City's zoning and General Plan. Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211-13 Main Street, representing the applicant, stated that the suggested conditions of approval are acceptable. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO.2002-218 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF isAPPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes 12/18/02 17 (02zm1218) _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 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. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.2002-218: 1. Tentative Parcel Map No. 2002-218 to consolidate two lots and north half of abandoned alley into one 7,840 sq. ft. parcel is consistent with the General Plan Land Use Element designation of I42- 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 front yard setback of 10-feet, a reduced interior landscape planter measuring 2'-6" in width, and a two -foot vehicle overhang, for which variances have previously been granted. 3. 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.2002-218: 1. The tentative parcel map to consolidate two lots and the north half of an abandoned alley into one 7,840 sq. ft. parcel received and dated October 31, 2002 shall be the approved layout. 2. The project shall comply with Conditional Use Permit No. 02-15/Variance No. 02-07 conditions of approval. • ZA Minutes 12/18/02 18 (02zm1218) 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. 2) Provide a digital -graphics file of said map to the County of Orange. 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. is 5. The final parcel map shall be recorded with the County of Orange prior to issuance of building permits. ZA Minutes 12/18/02 19 (02zm1218) 6. 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. 2002-218): 10 a. Curb and gutter and street pavement along the Palmdale Street frontage. b. Removal of existing driveway approach along Warner Avenue and replacement with standard curb, gutter, and sidewalk. c. Removal and replacement of cracked and broken existing sidewalk sections along Warner Avenue. d. Sewer lateral. e. Water services for domestic, landscaping irrigation and fire protection services. 7. New electrical, telephone, and cable TV utility services to the parcel shall be placed underground. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO. 2002-218: 1. Tentative Parcel Map No. 2002-218 shall not become effective until the ten calendar day appeal period has elapsed. 2. Tentative Parcel Map No. 2002-218 shall become null and void unless exercised within two (2) years of the date of final approval which is December 18, 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. 0 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. THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 8, 2003 AT 1:30 PM. AMaeth iro�eren Zoning Administrator :rmk • ZA Minutes 12/18/02 20 (02zm1218)