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HomeMy WebLinkAbout2003-01-08• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 8, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: December 11, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ® ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-25NARIANCE NO. 02-14 (PHILLIPS RESIDENCE — CONTINUED FROM THE DECEMBER 18, 2002 MEETING WITH THE PUBLIC HEARING OPEN) 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 40 Rami Talleh, Staff Planner, stated that the applicant wishes to re -active the variance and has • requested a continuance. Staff recommended that the item be continued to the January 29, 2003 meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 02-25NARIANCE NO. 02-14 WERE CONTINUED TO THE JANUARY 29, 2003 MEETING WITH THE PUBLIC HEARING OPEN AND RE -ADVERTISED. ITEM 2• CONDITIONAL USE PERMIT NO. 02-62 (CENTER AVENUE WIRELESS COMMUNICATIONS FACILITY) APPLICANT: Nextel Communications, 310 Commerce Drive, Irvine, CA 92620 PROPERTY OWNER: Southern California Edison, 2244 Walnut Grove Avenue, Rosemead, CA 91770 REQUEST: To install a wireless communications facility, consisting of three antenna arrays attached to an existing Southern California Edison tower at a height of 59 feet and a 240 s.f. equipment enclosure located at grade, under the tower. LOCATION: 7976 Center Avenue (south side of Center Avenue, west of 405 freeway) • PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, elevations 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. Staff stated that the Design Review Board (DRB) has reviewed and conditionally approved the proposed project. Staff stated that the Fire Department has recommended that the conditions be modified to include: • That the equipment room door and access gates must be secured with KNOX hardware. • Responsibility of the applicant to report to the Fire Department discovery of any contamination. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with the addition of the aforementioned recommendations by the Fire Department. One letter was received in support of the request. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff discussed the reasons for requiring the KNOX box. • ZA Minutes 1/08/03 2 (03zm0108) 0 THE PUBLIC HEARING WAS OPENED. Barbara Saito, Nextel Communications, 310 Commerce Drive, Irvine, applicant, questioned the necessity for the KNOX box. Ms. Broeren confirmed that the applicant has reviewed the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request with the addition of the following conditions: Add Condition No. 4.g: g. Equipment room door and access gates must be secured with KNOX hardware as deemed necessary by the City of Huntington Beach Fire Department. (FD) Add Condition No. 5.d: d. Discovery of any contamination/pipelines, etc, must be reported to the Fire Department immediately and the approved work plan modified accordingly. is CONDITIONAL USE PERMIT NO. 02-62 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 15303 of the CEQA Guidelines, because the project consists of the installation of a small new wireless communications facility and associated equipment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-62: 1. Conditional Use Permit No. 02-62 to install a wireless communications facility, consisting of three antenna arrays attached to an existing Southern California Edison tower at a height of 59 feet and a 240 s.f equipment enclosure located at grade, under the tower will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. ZA Minutes 1/08/03 3 (03zm0108) 2. Conditional Use Permit No. 02-62 will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison 40 transmission towers, on an existing SCE right-of-way. The design of the facility, which features antennas painted to match the tower to which it is attached, and an equipment shelter constructed of decorative masonry will ensure the compatibility of the proposed facility with surrounding uses. 3. Conditional Use Permit No. 02-62, as conditioned, 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 the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. 4. The granting of the conditional use permit, as conditioned, will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CR-F2-sp-mu-F9 (Commercial Regional — 0.5 maximum floor area ratio — specific plan — mixed use overlay) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. • U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. U. 5.1.1: Continue to work with service providers to maintain current levels of service and facilitate improved levels of service. The proposed facility will enhance wireless communications in the community by improving signal transmission and reception in the project vicinity. In addition, the proposed co -location of antennas with an existing transmission tower, and the use of a masonry equipment enclosure finished to match adjacent buildings, will minimize the project's visual impacts. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.02-62: The site plan, floor plans and elevations received and dated December 6, 2002, shall be the conceptually approved layout with the following modifications: a. The exterior color and finish of the proposed equipment enclosure shall be consistent with the palette approved for the adjacent Bella Terra project (Specific Plan No. 13). 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 • ZA Minutes 1/08/03 4 (03=0108) ® (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. The applicant shall submit the following information to the Police Department for review: (Code Requirement) All transmit and receive frequencies; ii. Effective Radiated Power (ERP); iii. Antenna height above ground; and iv. Antenna pattern, both horizontal and vertical (E Plane and H Plane). b. The applicant shall provide a recorded copy of the Memorandum of Lease between the property owner and the applicant. (Code Requirement) c. Acceptance of conditions of approval contained herein by the applicant/ facility operator and property owner shall be ensured by recordation of the conditions on the property title. Proof of recordation shall be submitted to the Planning Department. (Code Requirement) d. Contractor shall call Dig -Alert prior to any trenching. (PW) 4. The final building permit(s) shall not be approved and the use shall not commence until the following has been completed: a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards found in City Specification #424 — Portable Fire Extinguishers. (FD) b. Address numbers shall be installed to comply with City Specification #428 -- Premise Identification. (FD) c. All hazardous materials shall be disclosed to the Huntington Beach Fire Department. d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. e. The applicant/ facility operator shall provide to the Planning Department a single point of contact (including name and telephone number) in its Engineering and Maintenance Departments to whom all interference problems may be reported to insure continuity on all interference issues. The contact person shall resolve all interference complaints within 24 hours of being notified. (Code Requirement) f. Before activating its facility, the applicant/ facility operator shall submit to the Police and Fire Departments a post -installation test to confirm that the facility does not interfere with the City of Huntington Beach Public Safety radio equipment. The Communications Division of the Orange County Sheriff's Department or Division -approved contractor at the expense of the applicant shall conduct this test. This post -installation testing process ZA Minutes 1/08/03 5 (03zm0108) shall be repeated for every proposed frequency addition and/or change to confirm the intent of the "frequency planning" process has been met. (Code Requirement) g. Equipment room door and access gates must be secured with KNOX hardware as deemed necessary by the City of Huntington Beach Fire Department. (FD) h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. 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) b. The construction disturbance area shall be kept as small as possible. c. 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) d. Discovery of any contamination/pipelines, etc, must be reported to the Fire Department immediately and the approved work plan modified accordingly. e. Discovery of any contamination/pipelines, etc, must be reported to the Fire Department immediately and the approved work plan modified accordingly. 6. The use shall comply with the following: a. The existing landscaping shall be maintained, if any of the landscaping is damaged during installation and/or removal of the equipment, the City's Landscape Architect shall be notified. b. To ensure the structural integrity of wireless communication facilities, the owner(s) of the proposed facility shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards for facilities that are published by the Electronic Industries Association, as amended from time to time. (Code Requirement) c. At all times, other than during the 24-hour cure period, the applicant/ facility operator shall comply with all FCC standards and regulations regarding interference and the assignment of the use of the radio frequency spectrum. The applicant shall not prevent the City of Huntington Beach or the countywide system from having adequate spectrum capacity on the City's 800 MHz voice and data radio frequency systems. The applicant shall cease operation of any facility causing interference with the City's facilities immediately upon the expiration of the 24-hour cure period until the cause of the interference is eliminated. (Code Requirement) • ZA Minutes 1/08/03 6 (03zm0108) d. The property owner shall insure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of the property owner to comply. (Code Requirement) e. All facilities and appurtenant equipment shall be maintained to remain consistent with the original appearance of the facility. Ground mounted facilities shall be covered with anti - graffiti coating. (Code Requirement) f. The facility shall not bear any signs or advertising devices other than certification, warning, or other required seals of signage. (Code Requirement) 7. Within thirty (30) days of cessation of operation of the proposed wireless communications facility, the operator shall notify the Planning Department in writing. The facility shall be deemed abandoned, pursuant to the provisions of HBZSO Sec. 230.96, unless: (Code Requirement) a. The City has determined that the operator has resumed operation of the wireless communication facility within six (6) months of the notice; or b. The City has received written notification of a transfer of wireless communication operators. 8. If the facility is inoperative or unused for a period of six (6) continuous months it shall be deemed abandoned. Written notice of the City's determination of abandonment: shall be provided to the operator of the facility and the owner(s) of the premises upon which the facility is located. Such notice may be delivered in person, or mailed to the address(es) stated on the facility permit application, and shall be deemed abandoned at the time delivered or placed in the mail. (Code Requirement) 9. The operator of the facility and the owners(s) of the property on which it is located shall within thirty (30) days after notice of abandonment is given either (1) remove the facility and restore the premises, or (2) provide the Planning Department with written objection to the City's determination of abandonment. Any such objection shall include evidence that the facility was in use during the relevant six- (6) month period and that it is presently operational. The Director shall review all evidence, determine whether or not the facility was properly deemed abandoned, and provide the operator notice of its determination. (Code Requirement) 10. At any time after thirty-one (31) days following the notice of abandonment, or immediately following a notice of determination by the Director, if applicable, the City may remove the abandoned facility and/or repair any and all damage to the premises as necessary to be in compliance with applicable codes. The City may, but shall not be required to, store the removed facility (or any part thereof). The owner of the premises upon which the abandoned facility was located, and all prior operators of the facility, shall be jointly liable for the entire cost of such removal, repair, restoration and/or storage, and shall remit payment to the City promptly after demand thereof is made. The City may, in lieu of storing the removed facility, convert it to the City's use, sell it, or dispose of it in any manner deemed appropriate by the City. (Code Requirement) ZA Minutes 1/08/03 7 (03zm0108) 11. 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 is 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, 12. 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. 02-62 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-62 shall become null and void unless exercised within one year of the date of final approval which is January 8, 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. 02-62, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) L� ZA Minutes 1/08/03 8 (03=0108) ® 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. All Wireless Communication Facilities must meet or exceed current standards and regulations of the FCC, and any other agency of the state or federal government with the authority to regulate wireless communication facilities. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 02-31 (ZAMVAKELI.IS RESIDENCE) APPLICANT/ PROPERTY OWNER: Neoklis Zamvakellis, 12592 Argyle Drive, Los Alamitos, CA 92702 REQUEST: To construct a I" and 2nd story addition to an existing two-story single-family dwelling consisting of 1,125 sq. ft. of floor area and 125 sq. ft. of balcony area. LOCATION: 16362 Maruffa Circle (north side of Maruffa Circle, west of Mistral Drive) 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 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. One letter was received from an adjacent neighbor expressing concerns related to the construction activities. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, and staff engaged in discussions concerning the reduced size of the garage. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that a letter has been received from the homeowner's association stating their approval of the proposed project. COASTAL DEVELOPMENT PERMIT NO. 02-31 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ZA Minutes 1/08/03 9 (03zm0108) 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 15301 of the CEQA Guidelines. The project consists of an addition to an existing single-family dwelling involving negligible or no expansion of use. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-31: Coastal Development Permit No. 02-31 to construct a 1st and 2nd story addition to an existing two-story single-family dwelling consisting of 1,125 sq. ft. of floor area and 125 sq. ft. of balcony area, 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. 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. 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, 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. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-31: 1. The site plan, floor plans and elevations received and dated October 30, 2002 shall be the conceptually approved layout with the following modifications: a. Floor area figures provided on Sheet 1 shall be revised as follows for consistency with building permit records and submitted plans: Existing House: 3,800 s.f. Remodeled House: 4,925 s.f. Addition: 1,125 s.f. Total Increase: 30 % New Decks: 125 s.f. Lot Coverage: 50 % • ZA Minutes 1/08/03 10 (03=0108) b. 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) c. 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) d. 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. 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. 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) b. A fire alarm system plan in compliance with Huntington Beach Fire Code shall be submitted to the Building & Safety Department as separate plans for permits, for review and approval by the Fire Department. The system shall provide an exterior horn. (FD) 4. The final building permit(s) cannot be approved, until the following has been completed: a. Automatic sprinkler systems shall be installed throughout, in accordance with shop drawings approved by the Fire Department. (FD) b. The existing domestic water service and/or meter 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 and/or meter is required, the ZA Minutes 1/08/03 11 (03zm0108) existing service and/or meter shall be abandoned per Water Division standards. A 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 (CPC). The new domestic water service shall be a minimum of 1-inch in size. (PW) c. A separate backflow protection device shall be installed, per the Water Division standards for the domestic water service. (PW) d. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) e. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards in accordance with approved plans. (FD) f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. g. 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. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. 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) b. 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) 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. 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 1/08/03 12 (03zm0108) ® INFORMATION ON SPECIFIC CODE REQUIREMENTS: 0 1. Coastal Development Permit No. 02-31 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 2. an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 3. Coastal Development Permit No. 02-31 shall become null and void unless exercised within one year of the date of final approval which is January 8, 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. 4. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 02-31 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. 5. 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. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. 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. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. Park Fees shall be paid at issuance of building permits. 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. The Department of Planning will perform a comprehensive plan check relating to all Municipal Code requirements upon submittal of your completed structural drawings. ZA Minutes 1/08/03 13 (03=0108) ITEM 4: CONDITIONAL USE PERMIT NO. 02-51 (SVANDA RESIDENCE) APPLICANT/ PROPERTY OWNER: Martin Svanda, 3762 Seascape Drive, Huntington Beach, CA 92649 REQUEST: To allow an existing 5'-2" high combination block wall and wrought iron fence and 5'-6" privacy gate located along the front and side property line in lieu of the maximum allowed height of 3'-6" for fencing located within the 15-foot front yard setback, the ten (10) foot visibility triangle off the driveway entrance, and the twenty five (25) foot visibility triangle at street intersections. LOCATION: 3762 Seascape Drive (southwest corner of Seascape Drive and Sundance Lane) 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 for denial as outlined in the staff report. Staff stated that the request is the result of a Code Enforcement action. Staff stated that several telephone calls and a letter from four surrounding property owners have been received in opposition to the proposed project based on aesthetics and visibility issues. No other written or verbal comments were received in response to the public notification. Staff identified several circumstances that may alleviate some of stars concerns, which are set forth in the suggested findings for denial. THE PUBLIC HEARING WAS OPENED. Martin Svanda, 3762 Seascape Drive, applicant, spoke on behalf of the proposed project 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, stated that she drove to the proposed site and stated that she is aware of the issues concerning this request. Discussion ensued with Ms. Broeren, staff and the applicant concerning alternative layouts to the plans. Ms. Broeren stated that the safety and aesthetics issues do not meet with the City's intent. 0 E E ZA Minutes 1/08/03 14 (03zm0108) ® Ms. Broeren suggested a continuance to allow the applicant time to prepare and present revised plans. She emphasized that obstruction of the visibility triangle would not be considered. The applicant agreed to a one -week continuance. CONDITIONAL USE PERMIT NO. 02-51 WAS CONTINUED TO THE JANUARY 15, 2003 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 5: COASTAL DEVELOPMENT PERMIT NO. 02-26 (BELL RESIDENCE APPLICANT: Jay Earl, 16541 Mariana Circle, Huntington Beach, CA 92649 PROPERTY OWNER: Tom and Caroline Bell, 16531 Peale Lane, Huntington Beach, CA 92649 REQUEST: To demolish an existing single-family dwelling and construct a new two-story, 5,457 sq. ft. single-family dwelling at a height of 28'- I 1". 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 proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 17072 Baruna Lane (southeast knuckle of Baruna Lane and Sirius Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and color computer renderings. Staff stated 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, in particular the window placements in order to comply with the Infill Lot Ordinance. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One letter was received from a neighboring property owner expressing privacy concerns. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Jay Earl, 16541 Mariana Circle, applicant, addressed the window placements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, engaged in discussions with staff and the applicant concerning conditions nos. La, b, c; and 2.a.7) and 9). ZA Minutes 1/08/03 15 (03zm0108) Ms. Broeren stated that she was going to approve the request and asked staff to modify the conditions as follows: • Modify Condition No. La: a. All bathroom windows facing north or south towards adjacent residences shall consist of obscure glass. Modify Condition No. l.c: c. The window located within the vicinity of the wet bar in the study shall be placed higher on the elevation or consist of obscure glass. Add new Condition No. Ld: d. The window located within the second story bedroom adjacent to the study shall be shifted two (2) feet west. Modify Condition No. 2.a.(7): 1) The minimum finished floor elevation for the house shall be ten (10') feet (NAVD 88) if determined necessary. COASTAL DEVELOPMENT PERMIT NO. 02-26 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. 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 proposed project consists of construction of less than three single-family residences. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-26: Coastal Development Permit No. 02-26 for the construction of a new two-story, 5,457 sq. ft. single-family dwelling at a height of 28'-11", as proposed, conforms with the General Plan, including the Local Coastal Program. 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, as proposed, meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, site coverage, and parking. • ZA Minutes 1/08/03 16 (03=0108) ® 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 dwelling will be constructed on a previously developed site in an urbanized area with all -necessary services and infrastructure available. 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. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-26: 1. The site plan, floor plans, and elevations received and dated October 3, 2002 shall be the conceptually approved layout with the following modifications: a. All bathroom windows facing north or south towards adjacent residences shall consist of obscure glass. b. The driveway and walkway areas shall be constructed with decorative materials. c. The window located within the vicinity of the wet bar in the study shall be placed higher on the elevation or consist of obscure glass. ® d. The window located within the second story bedroom adjacent to the study shall be shifted two (2) feet west. 2. 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 and sidewalk along the Baruna/Sirius frontage, per City Standard Plan Nos. 202 and 207, except where new driveways are constructed.. 2) The existing driveway on Baruna/Sirius shall be removed and replaced with an ADA compliant driveway per City Standard Plan No. 209. 3) Sewer lateral. 4) 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 1-inch in size. 5) A separate backflow protection device shall be installed, per Water Division standards for domestic water service. ® 6) The existing domestic water service and meter shall be abandoned per Water Division standards. ZA Minutes 1/08/03 17 (03=0108) 7) The minimum finished floor elevation for the house shall be ten (10') feet (NAVD 88) • if determined necessary. 8) Surface runoff from the property shall drain to the street. Drainage over or through the bulkhead (seawall) will not be permitted. 9) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). Applicant shall provide a consulting arborist report on all the existing trees. Said report shall quantify, identify, size and analyze the health of the existing trees. The report shall also recommend how the existing trees that are to remain (if any) shall be protected and how far construction/grading shall be kept from the trunk. 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) A detailed soils analysis shall be prepared by a registered engineer for reference only. (PW) 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 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. 3. 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) c. A corrosion report must be prepared by a qualified person who will determine the suitability of buried pipe and recommend a method to protect buried pipe when corrosive soil is encountered. Reproduce the recommendations of the report on the plans. (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 is ZA Minutes 1/08/03 18 (03zm0108) ® 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) 4. Prior to issuance of building permits, the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City Specification No. 426 — Fire Safety Requirements for Construction Sites. (FD) b. The Dire Department and Public Works Water Division shall determine if additional fire hydrants will be required. (FD) 5. The structure cannot be occupied, the final building permits cannot be approved, and utilities cannot be released until the following has been completed: a. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) b. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) c. Fire access roads shall be provided in compliance with Fire Dept. City Specification 401. Include the Circulation Plan and dimensions of all access roads. Fire lanes will be designated and posted to comply with Fire Dept. City Specification No. 415. (FD) d. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following (FD): 1) manual pulls; 2) water flow, valve tamper and trouble detection; 3) 24 hour supervision; and 4) voice communication. e. 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 from to the City Landscape Architect prior to final landscape inspection and approval. (PW) f. Applicant shall provide the City with Microfilm copies (in City format) and CD (autoCAD only) copy of complete City approved landscape construction drawings as stamped "Permanent File Copy" prior to starting landscape work. Copies shall be given to the City Landscape Architect for permanent City record. (PW) ZA Minutes 1/08/03 19 (03zm0108) g. Compliance with all conditions of approval specified herein shall be accomplished and • verified by the Planning Department. h. Complete all improvements as shown on the approved grading plans. (PW) 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. 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) b. 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) c. The construction disturbance area shall be kept as small as possible. (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. 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) f. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) 9 g. Comply with the "Water Quality Management Plan" requirements. (PW) h. Construction equipment shall be maintained in peak operating condition to reduce emissions. i. Use low sulfur (0.5%) fuel by weight for construction equipment. j. Truck idling shall be prohibited for periods longer than 10 minutes. k. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. 1. Discontinue operation during second stage smog alerts. m. 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. n. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries i ZA Minutes 1/08/03 20 (03zm0108) associated with construction, grading, remodeling, or repair shall be limited to Monday - 16 Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) o. Discovery of any contamination/pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) 7. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: I. Coastal Development Permit No. 02-26 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. 16 2. Coastal Development Permit No. 02-26 shall become null and void unless exercised within one year of the date of final approval which is January 8, 2004 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. 02-26 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. 0 7. State -mandated school impact fees shall be paid prior to issuance of building permits. ZA Minutes 1/08/03 21 (03zm0108) Park Land In -Lieu Fees shall be paid prior to approval of the final map by the City or at issuance of building permits 6 9. 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. 10. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 15, 2003 AT 1:30 PM. Mary eth oeren Zoning Administrator rmk • ZA Minutes 1/08/03 22 (03zm0108)