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HomeMy WebLinkAbout2003-01-15MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 15, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: MINUTES: ORAL COMMUNICATION: Rami Talleh, Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) NONE NONE ITEM 1: CONDITIONAL USE PERMIT NO. 02-51 (SVANDA RESIDENCE= CONTINUED FROM THE JANUARY 8, 2003 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT/ PROPERTY OWNER: Martin Svanda, 3762 Seascape Drive, Huntington Beach, CA 92649 REQUEST: To allow an existing 5'-2" high combination block wall located along the front property line in lieu of the maximum allowed height of 3' -6" for fencing located within the 15-foot front yard setback. 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 stated that the item was continued from the previous Zoning Administrator meeting in order to allow the applicant time to revise and submit plans in compliance with City code requirements. Staff presented alternate findings and conditions of approval based upon the revised plans. Mary Beth Broeren, Zoning Administrator, reviewed the revised plans. She confirmed with staff that the landscaping adjacent to Seascape Drive meets the City's 40% requirement. THE PUBLIC HEARING WAS RE -OPENED. Martin Svanda, 3762 Seascape Drive, applicant, spoke on behalf of the proposed project and addressed issues discussed with Code Enforcement Officer Rich Massi. Mr. Svanda stated a desire to preserve the work that has already been done in an effort to reduce costs. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren expressed appreciation for the applicant's effort in producing revised plans. She stated that the walking gate and vehicular privacy gates would not be approved based upon safety issues. Ms. Broeren stated that she was going to approve the request as amended. CONDITIONAL USE PERMIT NO. 02-51 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: • The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of minor alteration to an existing single family home. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-51: Conditional Use Permit No. 02-51 for the construction of a 5'-2" high combination block wall and wrought iron fence with zero (0') foot setback in lieu of maximum allowed height of forty-two (42") inches within the fifteen (15') foot front yard setback 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. The portion of the fence constructed with masonry is approximately two (2') feet high (2'-6" less than the maximum code allowed height for fencing within the front yard) allowing for visibility of the existing landscaped planter located immediately behind the fence. In addition the height of the fence is reduced to a maximum of forty-two (42") within the visibility triangle at the street intersection. • ZA Minutes - 01/15/03 2 (03zm0115) • 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. 3. The proposed Conditional Use Permit No. 02-14 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. l: 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 existing wall is designed with decorative features such as stucco colored to match the house and wrought iron fencing. The portion of the fence constructed with masonry is approximately two (2') feet high (2'-6" less than the maximum code allowed height for fencing within the front yard) allowing for visibility of the existing landscaped planter located immediately behind the fence. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-51: The site plan, floor plans and elevations received and dated January 10, 2003, shall be the conceptually approved layout with the following modifications: a. The walking gate and vehicular privacy gate shall be removed. 2. Building permits shall be obtained for the combination block wall and wrought iron fence installed without permits along the front property line. The portion of the fence within the twenty-five (25') foot visibility triangle at street intersections shall be lowered to a height of forty-two (42") inches. ® 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 ZA Minutes - 01/15/03 3 (03zm0115) floor plans are proposed as a result of the plan check process. Building permits shall not be i 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 02-51 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-51 shall become null and void unless exercised within one year of the date of final approval which January 15, 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 Conditional Use Permit No. 02-51, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. •, 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. • ZA Minutes - 01/15/03 4 (03zm0115) ® ITEM 2: ENTITLEMENT PLAN AMENDMENT NO.02-09 (BEACHMONT PLAZA APPLICANT: Charles G. Ball, Business Properties, 17631 Fitch Street, Irvine, CA 92614 PROPERTY OWNER: Beachmont Properties, LLC, 2760 E. Spring Street, Suite 200, Long Beach, CA 90806-2257 REQUEST: To amend Conditional Use Permit No. 01-51/Variance No. 01-13 to permit: a) delayed construction of a pharmacy (Sav-On) drive-thru window; b) a stucco -finished steel -framed fence up to eight -feet in height, in combination with the existing freestanding masonry wall along the north and east property lines, in lieu of the solid masonry wall required per Conditional Use Permit No. 01-51 conditions of approval; c) re -design of the site entry driveway at the southeast corner of the site; d) an 11,000 sq. ft. freestanding suite "E" pad building, in lieu of a 5,000 sq. ft. suite "B" and 6,900 sq. ft. suite "F" attached to the proposed grocery store. LOCATION: 10039-10119 Adams Avenue (northeast corner of Adams Avenue and Brookhurst 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report, as well as modifications to the plans. 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. Mary Beth Broeren, Zoning Administrator, reviewed the plans with staff and engaged in discussions concerning conditions no. La-i. Ms. Broeren asked what the redesign alternatives are as stipulated in Condition No. 1.a. Bill Janusz, Department of Public Works, addressed Condition No. L a stating that if three or more southbound left turn accidents occur in a year, a recommendation would most likely be made to restrict right turns only out of the driveway. Ms. Broeren confirmed with Mr. Janusz that removal of the left turn would not impact surrounding properties. THE PUBLIC HEARING WAS OPENED. Charles G. Ball, Business Properties, applicant, presented reasons for the entitlement plan amendment and agreed with staffs suggested conditions of approval. Mr. Ball presented a notice of action letter for a recently approved monument sign program in conjunction with Condition ® No. Le. He urged the Zoning Administrator's approval. ZA Minutes - 01/15/03 5 (03zm0115) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. General discussion ensued concerning the material to be used for the block wall and columns and staiFs intent for recommending landscaping and a sidewalk as suggested in Condition No. l.h. ENTITLEMENT PLAN AMENDMENT NO. 02-09 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3 and Section 15302, Class 2 of the CEQA Guidelines, because the project consists of less than 10,000 square feet of new commercial space and replacement of a commercial structure with a new structure of substantially the same size, purpose and capacity, no significant hazardous materials are involved, public services and facilities are available, and the site is not located in an environmentally sensitive area. FINDINGS FOR APPROVAL - ENTITLEMENT PLAN AMENDMENT NO. 02-09: • Entitlement Plan Amendment No. 02-09 to amend Conditional Use Permit No. 01- 51/Variance No. 01-13 to permit: a) delayed construction of a pharmacy (Sav-On) drive-thru window; b) a stucco -finished steel -framed fence up to eight -feet in height, in combination with the existing freestanding masonry wall along the north and east property lines, in lieu of the solid masonry wall required per Conditional Use Permit No. 01-51 conditions of approval; c) re -design of the site entry driveway at the southeast corner of the site; d) an 11,000 sq. ft. freestanding suite "E" pad building, in lieu of a 5,000 sq. ft. suite "E" and 6,900 sq. ft. suite "F" attached to the proposed grocery store 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 delayed construction of the previously approved drive-thru pharmacy will have no detrimental impact since the drive-thru window is not a necessary component of the project and the south elevation of the Sav-on building (Phased Sav-on Elevation) will be architecturally enhanced. The proposed modified fence design will have no detrimental impact since, based the acoustical analysis prepared by Medlin & Associates (November 12, 2002), the proposed fence design provides equivalent noise attenuation to the solid masonry fence. The proposed redesign of the site entry driveway and building configuration improves the on -site circulation patterns. 2. The entitlement plan amendment will be compatible with surrounding uses because the project represents an architectural upgrade to an existing retail shopping center, perimeter walls • ZA Minutes - 01/15/03 6 (03zm0115) • separating the commercial project from adjacent residential uses will be enhanced, the truck loading area behind the new grocery store includes a 12 foot high screen wall, landscaping improvements are included throughout the site, non -conforming signs will be removed, a right -turn lane from westbound Adams Avenue to northbound Brookhurst Street will be dedicated, sufficient parking will be provided for all uses, and with restrictions on truck deliveries, loading and unloading, no adverse noise impacts are anticipated. 3. The proposed Entitlement Plan Amendment No. 02-09 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, notwithstanding variances previously approved in conjunction with Conditional Use Permit No. 01-51. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. b. Policy LU 1.1.2: Promote development in accordance with the Economic Development Element. Goal LU 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. d. Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents and businesses through employment and local fiscal stability. e. Goal ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor serving uses while attracting new uses to Huntington Beach. The proposed renovation, remodel, and reconstruction of the existing Beachmont Plaza into an enhanced commercial shopping complex promotes commercial development and economic viability at a currently underutilized commercial property. The new development enhances the City's general commercial opportunities, provides a shopping and service oriented destination for Huntington Beach residents, and provides additional employment prospects. The site will be served with adequate infrastructure, includes high quality architecture and fagade remodel, provides public gathering places, and will include public art. ZA Minutes - 01/15/03 7 (03zm0115) CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.02-09: 1. The site plan, floor plans and elevations received and dated December 6, 2002 shall be the conceptually approved layout with the following modifications: a. Condition of Approval No. 4.a.6 on Page 8 of the Notice of Action dated June 13, 2002, shall be amended to allow left turns and through movements from the site with conditions to be monitored by the City. Should a significant accident pattern develop related to the access (i.e., three or more accidents within a 12 month period) the access shall be redesigned at the sole expense of the property owner. Absent other significant improvements, turning movements restrictions may be imposed. (PW) b. The trash enclosure at the northeasterly corner of Building "E" shall be relocated so that trucks emptying the bins do not create an obstruction/blocking of entryway traffic. c. Plans shall not depict a traffic signal on Adams Avenue, south of the southeast corner of the project site. d. At the southwesterly corner of Building A (Sav-on), the sidewalk shall extend at least four feet westerly of the building corner and column adjacent to the drive aisle. This extension will allow for pedestrian to see and be seen by traffic in the drive aisle along the westerly side of the Sav-on building. The southbound drive aisle curbs at this location should be curved to the westerly to direct vehicles into the mandatory right turn. A planter, low profile wing wall or other suitable pedestrian barrier shall be installed between the column and the building so e. The seven -foot monument sign located along Brookhurst Street (southerly of the proposed signalized driveway adjacent to Sav-on) must be situated a minimum of four feet east of the easterly Brookhurst Street right-of-way line. The four -foot dimension is a clearance distance between the right-of-way and any part of the sign. f Sidewalk along the northerly side of Adams Avenue, adjacent to Building "E" must be in accordance with City standards (non -decorative and be entirely within the public street right-of-way. g. In the event of phased/delayed construction of the Sav-on drive -through window, the drive aisle located west of Building "A" (Sav-on) shall be striped to reflect a two lane transition to one lane configuration, and painted with one-way directional arrows. h. If the drive -through window and canopy is not completed by June 30, 2004, landscaping and sidewalk shall be provided on the west side of the Sav-on building, provided that a 12 foot minimum width one-way drive aisle shall be maintained. i. In the event of phased/delayed construction of the Sav-on drive -through window, the west elevation of Building "A" shall be consistent with the "Phased Elevation" received and dated July 10, 2002. 2. All conditions of approval of Conditional Use Permit No. 01-51/Variance No. 01-13 shall remain in effect, except as modified via conditions of approval contained herein. ZA Minutes - 01/15/03 8 (03zm0115) • 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. INFORMATION ON SPECIFIC CODE REOUIItEMENTS: 1. Entitlement Plan Amendment No. 02-09 shall not become effective until the ten calendar day appeal period has elapsed. 2. Entitlement Plan Amendment No. 02-09 shall become null and void unless exercised within one year of the date of final approval which is January 15, 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 Entitlement Plan Amendment No. 02-09, 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. Park Fees shall be paid at issuance of building permits. ® 9. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional ZA Minutes - 01/15/03 9 (03=0115) signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 10. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 11. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. 12. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. 13. Construction shall be Iimited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays ITEM 3: SITE PLAN REVIEW NO. 00-02NARIANCE NO.00-23 (MUNICIPAL WATER WELL NO. 12) APPLICANT: RBF Consulting, 14725 Alton Parkway, Irvine, CA 92618 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: SPR: To construct improvements associated with an existing municipal domestic water well, including a 1,000 sq. ft. single -story building housing an electric motor driven pumping system, chlorination and fluoridation facilities, storage space, perimeter fencing, site paving and landscaping. VAR: To (a) construct a 468 sq. ft. well building with 27 linear feet at a 5.25 ft. side yard setback in lieu of 10 ft; (b) construct water well improvements on a site with 30 ft. of lot frontage in lieu of 250 ft.; and (c) allow a reduction in minimum overall and perimeter site landscaping. LOCATION: 5350 Rancho Road (south side of Rancho Road, north of Astronautics Lane) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, elevations, and a parcel map. 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. Staff recommended modifying Condition No. 1 by adding the following: a. The maximum height of fencing proposed within the required 25-foot front yard setback shall be 42". ZA Minutes - 01/15/03 10 (03=0115) \J • • • Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with the modification as recommended in the foregoing by staff. Mary Beth Broeren, Zoning Administrator, reviewed the parcel map with staff and discussed the reconfiguration of Astronautics Lane to Rancho Road. THE PUBLIC HEARING WAS OPENED. Colleen Campbell, 5321 Victoria Place, Westminster, neighboring property owner, voiced concerns related to noise and questioned the need for wind barriers as reflected in Condition No. 5.i. Gerard Charles, City of Westminster, designated contact during construction, expressed a willingness to work with the City's Department of Public Works and the residents. Debbie DeBow, Department of Public Works, reviewed with staff the modified condition concerning the 42" fence within the required 25-foot front yard setback. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. . Steve Speakman, RBF Consulting, 14725 Alton Parkway, Irvine, applicant, referred to a table and addressed the noise study. Ms. Broeren confirmed with Ms. DeBow their agreement to the reduction in the height of the fence to 42" within the front yard setback. Ms. Broeren stated that she was going to approve the request with staff recommended modification to Condition No. 1 as stated above. SITE PLAN REVIEW NO. 00-02NARIANCE NO. 00-23 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project is covered by Environmental Impact Report No. 96-1/ Addendum Environmental Impact Report No. 96-1, will comply with all applicable mitigation measures, and will not have a significant effect on the environment. ZA Minutes - 01/15/03 11 (03zm0115) \` FINDINGS FOR APPROVAL —SITE PLAN REVIEW NO. 00-02: 1. Site Plan Review No. 00-02 to construct improvements associated with an existing municipal domestic water well, including a 1,000 sq. ft. single -story building housing an electric motor driven pumping system, chlorination and fluoridation facilities, storage space, perimeter fencing, site paving and landscaping is consistent with the site's General Plan Land Use Element designation of I-F2A-d-sp (Industrial — 0.75 maximum floor area ratio — design overlay — specific plan) on the subject property and all applicable requirements of the Municipal Code. In addition, it is consistent with the following goals and policies of the General Plan: Goal U l: Provide a water supply system which is able to meet the projected water demands; upgrade deficient systems and expand water treatment, supply, and distribution facilities. Objective U 1.1 A Provide for the construction of necessary pump and storage facilities to ensure adequate water supply, and proper water system balance. 2. Site Plan Review No. 00-02 will be compatible with surrounding uses and 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. Construction and operation of the proposed facility will not generate noise, odors, traffic, demand for parking or other impacts incompatible with surrounding land uses. The proposed water well is bounded on two sides (south and east) by industrially zoned land, planned for similar or more • intense use. Residentially zoned properties located to the north and west will be buffered from the proposed use respectively by a 75 foot wide railroad right-of-way and Rancho Road, an arterial roadway with a 100-foot wide right-of-way; and existing and proposed block wall fencing. 3. The proposed project will not adversely affect the Circulation Plan. Vehicular access to the project site is provided via Rancho Road, an existing public street within the Specific Plan area, in a manner consistent with the requirements of the Circulation Plan. No impacts to parking will result due to the fact the proposed facility will be unmanned. 4. The proposed project will comply with the provisions of the McDonnell Centre Business Park Specific Plan and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, except with respect to standards modified by variances approved concurrently. FINDINGS FOR APPROVAL - VARIANCE NO. 02-23: The granting of Variance No. 02-23 to (a) construct a 468 sq. ft. well building with 27 linear feet at a 5.25 ft. side yard setback in lieu of 10 ft; (b) construct water well improvements on a site with 30 ft. of lot frontage in lieu of 250 ft.; and (c) allow a reduction in minimum overall and perimeter site landscaping will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The ZA Minutes - 01/15/03 12 (03zm0115) . proposed land use and project site is unique within the vicinity and zone classification, and presents attributes exclusive to the project. 2. Because of special circumstances applicable to the subject property, including size, shape, location and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The project site is an exceptionally small, irregularly shaped parcel specifically created to accommodate a unique land use. The requested variances are necessary to (a) ensure minimal use of land for public utilities, thereby maximizing the preservation of private property, (b) provide adequate clearances for fire department site access and egress and (c) ensure minimal expenditure of public funds for site maintenance providing negligible public benefit. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The project serves the general public and industrial land uses in the vicinity by providing potable water for fire fighting and domestic use. The requested variances are necessary to accommodate a vital public land use on a parcel designed to maximize the preservation of private property. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The requested setback variance will not be detrimental to surrounding property since the yard • featuring the reduced setback abuts a 75-foot wide railroad right-of-way. This right-of-way provides an adequate buffer between the proposed project and residential uses north of the site. The variance for a reduction in required landscaping will not be detrimental to surrounding properties since perimeter fencing will screen views into the project site. Moreover, the proposed facility will be unmanned and inaccessible to the public. Consequently, the reduction in on -site landscaping will not have a significant adverse impact. The variance to establish the use on a site with less than the required street frontage will not be detrimental to surrounding properties since the proposed use is uniquely suited to the size and configuration of the site, and is unique with respect to surrounding land uses. CONDITIONS OF APPROVAL — SITE PLAN REVIEW NO. 00-02NARIANCE NO. 00-23: The site plan, floor plans, and elevations received and dated October 11, 2002 shall be the conceptually approved layout with the following modification: a. The maximum height of fencing proposed within the required 25-foot front yard setback shall be 42". ZA Minutes - 01/15/03 13 (03zm0115) 0 2. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 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: (PW) 1) The existing curb and gutter on Rancho Road shall be removed and replaced with an ADA compliant driveway per City Standard Plan No. 211. 2) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 2-inches in size. The irrigation water service may be combined with the domestic water service. 3) Separate backflow protection devices shall be installed, per Water Division standards for domestic and irrigation water services. 4) Existing healthy, 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). An arborist report prepared at the request of the Boeing Corporation may be used as the basis for determining the health of individual trees to be removed. 5) Where finished surface elevations outside the project area are higher than within the project area, the boundary wall shall be designed as a combined retaining wall and screen wall, thereby eliminating the need for a drainage collection system outside the boundary wall and an underground lateral drainage pipe within the site. 6) The site entry gate shall be located a minimum distance of 20-feet from the right-of- way to allow a truck to enter the site to unlock/lock the gate without blocking pedestrian or vehicular travel paths. b. Additional studies as deemed necessary by the Director of Public Works, shall be performed to determine native elevations and evaluate the extent of compressibility of the soils for structural design purposes. The studies shall be reviewed and approved by all appropriate departments as the City of Huntington Beach. (Mitigation Measure) c. Grading plans shall demonstrate that alluvial soils shall be removed in the areas that will receive fill foundation loading down to competent materials and recompacted. Additional studies may be deemed necessary by the Director of Public Works, to evaluate the extent of liquefaction of the soils for structural design purposes. (Mitigation Measure) d. The applicant shall prepare a report for the approval by the Director of Public Works which assesses and provides recommendations for: (Mitigation Measure) • ZA Minutes - 01/15/03 14 (03zm0115) • i. Specific measures for adequate foundation, paving and flatwork design in areas of any remaining expansive soils. ii. Identify the Expansive Index onsite and specify where necessary recommendations included but not limited to : 1) presaturation of soils prior to concrete placement; 2) raised floors; 3) post tensioned slabs; 4) thicker slabs; 5) deeper footings; 6) the addition of soil amendments to facilitate wetting during compaction. e. The applicant shall submit a "Notice of Intent" (NOI), along with the required fee to the State Water Resources Control Board to be covered under the State NPDES General Construction permit and provide the City with a copy of the written reply containing the discharger's identification number. (Mitigation Measure) f. The applicant shall provide a Water Quality Management Plan showing conformance to the Orange County Drainage Area Management Plan and all NPDES requirements (enacted by the EPA) for review and approval by the City Engineer. The plan shall reduce the discharge of pollutants to the maximum extend practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate. g. It shall be proven to the Department of Building and Safety that all structures are designed in accordance with the seismic design provisions of the Uniform Building Code or Structural Engineers Association of California to promote safety in the event of an earthquake. (Mitigation Measure) h. The project construction contractor 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) i. 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. (PW) j. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. k. The applicant shall produce evidence acceptable to the City Engineer that all grading and construction vehicles and equipment, fixed or mobile, shall be equipped and maintained with effective muffler systems that use state of the art noise attenuation. (Mitigation Measure) ZA Minutes - 01/15/03 15 (03zm0115) 0 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) c. 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) e. 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. The recommendations of the report shall be reproduced on the plans. f. The use of pervious paving material shall be encouraged to reduce surface water runoff and aid in groundwater recharge and slopes and grades shall be controlled to discourage water waste through runoff. (Mitigation Measure) g. Building plans shall be submitted to Verizon enabling Verizon to assess the improvements necessary to provide adequate service to the project site. (Mitigation Measure) h. Complete landscape and irrigation plans which minimize the use of lawns and utilize warm season, drought tolerant species shall be submitted to Public Works Engineering and approved by the Park, Tree and Landscape Division. Mulch shall be used extensively in all landscaped areas. Mulch applied on top of soil will improve the water -holding capacity of the soil by reducing evaporation and soil compaction. The City's Municipal Code Chapter 14.52 — Water Efficient Landscape Requirements shall be followed. (Mitigation Measure) i. Landscape and irrigation plans shall incorporate systems which minimize water waste to the greatest extent possible. Such measures should involve such features as the following: (Mitigation Measure) i. Raised planters and berming in conjunction with closely spaced low volume, low angle (22'/z degree) sprinkler heads. ii. Drip irrigation. 11 ZA Minutes - 01/15/03 16 (03zm0115) iii. Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses. iv. The use of reclaimed water for irrigated areas. The project shall connect to the Orange County Water Districts's "Green Acres" system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. The applicant shall be responsible for remedial removal of expansive soils onsite during grading and prior to construction. Should any construction occur on expansive soils, the applicant(s) shall adhere to the recommendations identified above. (Mitigation Measure) b. Water trucks shall 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) c. 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) d. 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) • e. The construction disturbance area shall be kept as small as possible. (PW) f. 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) g. 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) h. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) i. Wind barriers shall be installed along the perimeter of the site. (PW) Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) k. Implement street sweeping as necessary. (Mitigation Measure) The applicant shall be responsible for assuring that vehicle movement on any unpaved surface, other that water trucks, shall be terminated if wind speeds exceed 15 mph. (Mitigation Measure) m. The applicant shall be responsible for the paving of all access aprons to the project site and the maintenance of the paving. (Mitigation Measure) n. Construction equipment shall be maintained in peak operating condition to reduce emissions. ZA Minutes - 01/15/03 17 (03zm0 L 15) o. Use low sulfur (0.5%) fuel by weight for construction equipment. • p. Truck idling shall be prohibited for periods longer than 10 minutes. q. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. r. Discontinue operation during second stage smog alerts. s. 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. t. 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 final building permit(s) cannot be approved, until the following has been completed: a. All improvements per the approved plans must be completed. b. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) c. 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) d. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) e. 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 shall be designated and posted to comply with Fire Dept. City Specification No. 415. (FD) f. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) g. Security Gates shall be designed to comply with Fire Department City Specification 403. (FD) h. 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. i. The applicant shall provide proof to the Department of Planning that the use will not emit objectionable odors or provide an air quality analysis including a quantative assemssment of odors and meterological conditions consistent with the ASTM, Standard Method D1391 or Standard Method E679-79. Project design measures or additional control technology shall be implemented to ensure that odor emissions comply with SCAQMD standards. (Mitigation Measure) • ZA Minutes - 01/15/03 18 (03=0115) • j. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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. 8. 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. Variance No. 00-23/Site Plan Review No. 00-02 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 00-23/Site Plan Review No. 00-02 shall become null and void unless exercised within one year of the date of final approval, which is January 15, 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 Variance No. 00-23/Site Plan Review No. 00-02, 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 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. 6. An encroachment permit shall be required for all work within the right-of-way. (PW) 7. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays ZA Minutes - 01/15/03 19 (03=0 L 15) ITEM 4• CONDITIONAL USE PERMIT NO. 02-65 (LOPEZ RESIDENCE) • APPLICANT/ PROPERTY OWNER: Jeff Lopez, 519 Crest Avenue, Huntington Beach, CA 92648 REQUEST: To construct: a) a 375 sq. ft. first floor addition and a 755 sq. ft. garage addition at existing non -conforming side yard setbacks of four feet in lieu of five feet; b) a six-foot tall wood fence within the rear yard setback of a through lot, in lieu of a maximum height of three-foot six -inches. The project also includes construction of a 1,615 sq. ft., 2nd story addition in conformance with applicable setbacks. LOCATION: 519 Crest Avenue (southwest of Crest Avenue, east of 13th 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report. Staff recommended modifying the suggested ten -foot minimum setback in suggested Finding No. 2 as follows: 2. The conditional use permit will be compatible with surrounding uses. The proposed four- • foot side yard setbacks match or exceed one of the existing side yard setbacks of each of the dwellings on the adjoining properties. The proposed fence, as conditioned, will maintain a five-foot minimum setback, consistent with the minimum front yard setback allowed for a side -entry garage, and will traverse less than 40 percent of the width of the lot. Consequently, the property will maintain a landscaped setback from 13th Street compatible with the typical front yard setbacks along the greater part of 13th Street within the subject block. The proposed project is designed consistent with the City's Urban Design Guidelines and features architecture compatible with other properties in the neighborhood. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and with the modification as recommended above. No written or verbal comments were received in response to the public notification. One inquiry into the project was received at the zoning counter. THE PUBLIC HEARING WAS OPENED. Jeff Lopez, 519 Crest Avenue, applicant, approached and presented photographs. Mr. Lopez spoke in support of the request and presented plans reflecting three- and five-foot setbacks as alternatives to bring the proposed project into compliance with the setback requirements. Mr. Lopez addressed landscaping requirements and urged the Zoning Administrator's approval. • ZA Minutes - 01/15/03 20 (03=0115) E Mary Beth Broeren, Zoning Administrator, engaged in a discussion with the applicant concerning removal and replacement of trees, material for the fence, and shrubbery. Bob Schmeski, 739 13th Street, neighboring property owner, asked what the setbacks to the garage and second story are proposed for this project. Steve Marquardt, 735 13`h Street, neighboring property owner, approached and reviewed the plans, in particular the setbacks. Mr. Marquardt further asked what the process is if an existing fence in the neighborhood is not in compliance with code. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren explained the City's Code Enforcement procedure to Mr. Marquardt. Ms. Broeren stated that the proposed project is aesthetically an improvement to the neighborhood. She stated that the City typically requires a 15-foot setback, but this particular project has the benefit of a parkway. Ms. Broeren stated that she was going to approve the request with the modification to Finding No. 2 as recommended by staff. She asked staff to modify Condition No. La to reflect a five-foot setback as follows: Modify Condition No. 1.a: a. The proposed six-foot tall wood fence shall maintain a five-foot minimum setback from the northwest (13th Street) property line. CONDITIONAL USE PERMIT NO. 02-65 APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines because the project consists of an addition to an existing single-family residence and construction of a minor accessory structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-65: 1. Conditional Use Permit No. 02-65 to construct: a) a 375 sq. ft. first floor addition and a 755 sq. ft. garage addition at existing non -conforming side yard setbacks of four feet in lieu of five feet; and b) a six-foot tall wood fence within the rear yard setback of a through lot, in lieu of a ZA Minutes - 01/15/03 21 (03=0115) maximum height of three-foot six -inches, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. All portions of the proposed addition to be constructed at the existing non -conforming side yard setback will be on the first floor and substantially screened from adjacent residences by a six-foot tall fence. In addition, the greater part of the addition proposed at a non -conforming setback consists of a garage, which minimally impacts privacy at adjoining properties. The proposed project will increase the value of the subject property and properties in the vicinity. 2. The conditional use permit will be compatible with surrounding uses. The proposed four -foot side yard setbacks match or exceed one of the existing side yard setbacks of each of the dwellings on the adjoining properties. The proposed fence, as conditioned, will maintain a five-foot minimum setback, consistent with the minimum front yard setback allowed for a side -entry garage, and will traverse less than 40 percent of the width of the lot. Consequently, the property will maintain a landscaped setback from 13`" Street compatible with the typical front yard setbacks along the greater part of 13'h Street within the subject block. The proposed project is designed consistent with the City's Urban Design Guidelines and features architecture compatible with other properties in the neighborhood. 3. The proposed Conditional Use Permit No. 02-65 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance. The HBZSO authorizes additions to nonconforming structures . proposed to be constructed at the existing nonconforming yard setbacks, and fences exceeding 42-inches in height within the required setback, with approval of a conditional use permit. 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 RL-7 (Residential Low Density — 7 units per acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. L.U. 9.2.1: Require that all new residential developments within existing residential neighborhoods be compatible with existing structures, including the maintenance of the predominant or median existing front yard setbacks. Conditional Use Permit No. 02-65 accounts for the subject properties existing non- conforming side yard setbacks and non -conforming lot width, while maintaining architectural compatibility with the neighborhood. The proposed fence will allow the establishment of a private yard area consistent with that typically available to owners of single-family dwellings, while maintaining the predominant setbacks found in the immediate area. 0 ZA Minutes - 01/15/03 22 (03zm0115) 0 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 02-65: 1. The site plan, floor plans and elevations received and dated November 12, 2002, shall be the conceptually approved layout with the following modifications: a. The proposed six-foot tall wood fence shall maintain a five-foot minimum setback from the northwest (13'h Street) property line. 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 13`h Street frontage, per City Standard Plan Nos. 202 and 207. 2) The existing driveway on 131" Street shall be removed and replaced with an ADA compliant driveway per City Standard Plan No. 209. 3) Sewer lateral. 4) The existing 3/4-inch domestic water meter shall be removed per Water Division standards. A new domestic water meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC), if applicable. 5) The existing domestic water service may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new domestic water service is required, the existing service shall be abandoned per Water Division standards. A new domestic water service shall be installed per the Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The new domestic water service shall be a minimum of 1-inch in size. 6) Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36" box tree or palm equivalent (13'-14' of trunk height for Queen Palms and 8'-9' of brown trunk). b. A remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site. (FD) c. From the Division of Oil, Gas & Geothermal Resources (DOGGR), provide a Permit to Conduct Well Operations for all onsite active/abandoned oil wells. (714) 816-6847 (FD) d. From the DOGGR, provide proof of a Site Plan Review application. (FD) ZA Minutes - 01/15/03 23 (03zm0115) e. Obtain a City of Huntington Beach Fire Department Permit To Abandon Oil Well and follow the requirements of City Specification #422 — Oil Well Abandonment Process. 40 f. For City of Huntington Beach Fire Department approval, applicant must submit a site plan showing all on -site abandoned oil wells accurately located and identified by well name and API number, plus identify and detail all methane safety measures per City Specification #429 — Methane District Building Permit Requirements. These details shall be on a separate sheet titled "Methane Plan". (FD) g. All onsite oil well abandonment must be Fire Department approved per City Specification #429 —Methane District Building Permit Requirements, #422 — Oil Well Abandonment Process, and all abandoned oil well document review/inspection fees must be paid. (FD) 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) 4. Prior to issuance of building permits, the following shall be completed: a. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications, Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. b. A landscape planting and irrigation plan shall be prepared and submitted to the Department of Public Works for review and approval. (PW) 5. The final building permit(s) cannot be approved until the following has been completed: a. All improvements per the approved building, grading and landscape plans. b. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning 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. 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) 9 ZA Minutes - 01/15/03 24 (03zm0115) C: c. 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) d. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) e. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 7. The 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. 8. 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. 02-65 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 02-65 shall become null and void unless exercised within one year of the date of final approval which is January 15, 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 Conditional Use Permit No. 02-65, 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. ZA Minutes - 01/15/03 25 (03zm0115) 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 at issuance of building permits. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ITEM 5: VARIANCE NO. 02-15 (REGAN/TWO SI_NGLE-FAMILY HOMES APPLICANT/ PROPERTY OWNER: Dan Regan, 107 Alabama Street, Huntington Beach, CA 92648 REQUEST: To permit the construction of two (2) three-story single-family homes with a height of approximately 30 feet in lieu of the maximum height of 25 feet allowed within the first 25 feet of the lot. LOCATION: 803-805 Delaware Street (west side of Delaware Street, north of Hartford Avenue) 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 stated that the proposed project was initially approved under a conditional use permit. 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. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO. 02-15 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 ZA Minutes - 01/15/03 26 (03zm0115) �J • 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 15332 of the CEQA Guidelines as it is infill development consistent with General Plan Land Use designation of RMH (Residential Medium -High Density), and is located in an urban area which is developed with similar residential uses. FINDINGS FOR APPROVAL — VARIANCE NO. 02-15: Variance No. 02-15 to permit the construction of two (2) three-story single-family homes with a height of approximately 30 feet in lieu of the maximum height of 25 feet allowed within the first 25 feet of the lot 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. Other properties with similar grade differentials, exceeding three feet in height, have been allowed to exceed the maximum height of 25 feet within the first 25 feet of the lot. 2. Because of special circumstances applicable to the subject property, including a grade ® differential in excess of six feet, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The majority of properties under the same zoning classification generally have a grade differential of three feet or less, which allows development of a second story within the first 25 feet of the lot. The excessive grade differential on the subject properties places a development constraint that is not experienced by the majority of other properties under the same zoning classification because second story development is not possible within the first 25 feet of the property, thereby depriving the subject properties of privileges enjoyed by other similar properties. The proposed Variance No. 02-15 will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located with the exception of a maximum height of 25 feet within the first 25 feet of the subject lots, based on the existing grade differential in excess of six feet. 4. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium -High Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Policy LU 9.1.2: Require that single-family residential units be designed to convey a high level of quality and character. ZA Minutes - 01/15/03 27 (03zm0115) b. Policy LU 9.2.1: Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. Policy LU 9.2.1: Require that the use of building heights, grade elevations, orientation, and bulk are compatible with the surrounding developments. The proposed residences incorporate distinct architecture between the two plans and use a variety of quality materials including the use of stucco, wood siding, stone veneer, and decorative window treatments. The elevations, building orientation, and bulk will be compatible with surrounding properties which are predominately residential and developed with a similar grade differential. CONDITIONS OF APPROVAL — VARIANCE NO. 02-15: 1. The site plan, floor plans and elevations received and dated November 15, 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. 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) Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of ZA Minutes - 01/15/03 28 (03=0115) ® removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. f. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. g. Pursuant to Section 65590 of the California Government Code, the applicant shall submit a plan for replacement of any existing residential units occupied by persons and families of low or moderate income that are converted or demolished as a result of this project for review and approval by the Planning Department. 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. Final grades and elevations on the grading plan shall not vary by more than one (1) foot from the grades and elevations on the approved Conditional Use Permit. The following public improvements shall be shown on the plan: 1) Curb, gutter and sidewalk along the northerly frontage, per City Standard Plan Nos. 202 and 207. 2) Pavement for half -width of existing alley plus pavement for 2.5-feet of additional alley dedication. 3) Sewer lateral for each lot. 4) Each dwelling unit shall have a new domestic water service and meter, installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water shall be a minimum of 1-inch in size. 5) A separate backflow protection devices 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 - 01/15/03 29 (03=0115) 7) Protection of the two existing Queen Palm trees located in the Delaware Street r parkway. b. A soils report, prepared by a Licensed Engineer shall be submitted for reference only. c. Block wall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall identify materials, seep holes and drainage. d. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works, and Fire Department for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how drainage associated with the remediation efforts shall be retained on -site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment. (PW) e. 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) f. The applicant's grading/erosion plan shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control. g. For import soils, the project shall comply with all provisions of the HBMC Section 17.04.085 and Fire Dept. City Specification 429, Methane District Building Permit Requirements. (FD) h. The Fire Department must be notified of who will be the environmental site auditor supervising testing operations during soil import. The selected environmental firm is responsible for obtaining Fire Department approval for their testing plan. (FD) 4. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. • ZA Minutes - 01/15/03 30 (03=0115) b. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. c. 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) 5. Prior to issuance of building permits, the following shall be completed: a. A separate water meter and backflow prevention device shall be provided for the irrigation system. (PW) b. Reclaimed water shall be used for the irrigation system. (PW) c. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) ® d. The Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree planting plan and approve in writing the selection and locations proposed for new trees and the protection measures and locations of existing trees to remain. Existing trees to remain shall also be addressed by said Arborist with recommendations/requirements for protection during construction. Said Arborist report shall be incorporated onto the Landscape Architect's plans as construction notes and/or construction requirements. The report shall include the Arborist's name, certificate number and the Arborist's wet signature on the final plan. (PW) 0 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 must be completed. b. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect prior to the final landscape inspection and approval. (PW) c. 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 - 01/15/03 31 (03zm0115) d. All Fire Department requirements shall be noted on the building plans. (FD) . e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (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. 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) Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) • d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan" requirements. (PW) • ZA Minutes - 01/15/03 32 (03=0115) 0 k. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) Construction equipment shall be maintained in peak operating condition to reduce emissions. m. Use low sulfur (0.5%) fuel by weight for construction equipment. n. Truck idling shall be prohibited for periods longer than 10 minutes. o. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. p. Discontinue operation during second stage smog alerts. q. 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. r. 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) 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: 1. Variance No. 02-46 shall not become effective until the ten calendar day appeal period has elapsed. ZA Minutes - 01/15/03 33 (03zm0115) • 2. Variance No. 02-46 shall become null and void unless exercised within one year of the date of final approval which is January 15, 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 Variance No. 02-46, 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. Traffic Impact Fees shall be paid at a rate of $123 per net new added daily trip. The • estimated fee amount is based on twelve (12) trips per day for each lot, totaling $1,476 for each lot (12 trips X $123 per trip = $1,476). However, credit is given for the former one house on the two lots, so the net fee is $1,476. (PW) 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. Park Land In -Lieu Fees shall be paid prior to issuance of building permits. 10. 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. 11. An encroachment permit shall be required for all work within the right-of-way. (PW) 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. • ZA Minutes - 01/15/03 34 (03zm0115) 0 THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 22, 2003 AT 1.:30 PM. IrMa Beth Broeren Zoning Administrator 11 0 • : rmk ZA Minutes - 01/15/03 35 (03=0115)