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HomeMy WebLinkAbout2003-08-06MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 6, 2003 -1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: July 16, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO.03-18 (COSMO CENTER — CONTINUED is FROM THE JULY 23, 2003 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: Sean Nourani, 3920 E. Coronado Street, Suite 205, Anaheim, CA 92807 PROPERTY OWNER: A. Amy Moayari, 17822 Beach Boulevard, Suite 343, Huntington Beach, CA 92647 REQUEST: To construct a 10,533 sq. ft. two-story commercial building for retail and general office suites on a 30,703 sq. ft. lot. The application includes a request for four (4) compact parking spaces (totaling 8% of onsite parking). LOCATION: 17811 Beach Boulevard (northwest corner of Beach Boulevard and Ronald Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and 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 executive summary including the suggested modifications to the plans. Staff stated that the item was continued from the July 23, 2003 Zoning Administrator meeting at the applicant's request. Staff stated that the Design Review Board (DRB) reviewed the request, gave the applicant some direction in terms of design and structure, and continued the item to the August 14, 2003 DRB meeting. Mike Strange, Acting Zoning Administrator, confirmed with staff that the second floor will be • confined to office uses only and for non -medical purposes. Discussion ensued concerning the irrevocable offer to dedicate a reciprocal access easement between the subject site and adjacent northerly properties. THE PUBLIC HEARING WAS RE -OPENED. Sean Nourani, 3920 E. Coronado Street, Suite 205, Anaheim, applicant, stated that they concur with the executive summary. Arleen Thatcher, 15162 Yorkshire Lane, neighboring property owner, opposed the six-foot high block wall along her property line, and urged the Zoning Administrator to approve an eight -foot high block wall. Mr. Strange, staff and Ms. Thatcher discussed the block wall and setback requirements for non -conforming residential uses. Ms. Thatcher advised that her home is five feet from the property line with a bedroom facing the adjoining property. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange stated that he was going to approve the request. He asked staff to modify the • suggested conditions of approval by adding the following: Condition No. 1: a. An eight (8) foot high block wall shall be provided along the westerly property line. CONDITIONAL USE PERMIT NO.03-18 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 15332 of the CEQA Guidelines, because the project consist of development of an infill lot less than five (5) acres in size and is consistent with the general Plan and zoning ordinance. The site can be adequately served by all required utilities and public services and will not have significant effects to traffic, noise, air quality or water quality. In addition the site does not have value as habitat for endangered or threatened species. • ZA Minutes 08/06/03 2 (03=0806) Is FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-18: 1. Conditional Use Permit No. 03-18 for the establishment, maintenance and operation of a 10,533 sq. ft. two-story commercial building for retail and general office suites on a 30,703 sq. ft. lot and the provision of four (4) compact parking spaces (totaling 8% of onsite parking) 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 commercial building is proposed along Beach Boulevard, a major arterial highway and commercial corridor. The structure will be setback seventy-two (72) feet from the residential use to the west and will provide a six (6) foot high block wall and seven (7) foot wide landscaped planter along the westerly property line to provide adequate buffers. The prospective retail and office uses will be conducted entirely within the building. 2. The conditional use permit will be compatible with surrounding uses because existing commercial buildings are located along Beach Boulevard. The building siting and design is complementary to the surrounding properties. 3. The proposed Conditional Use Permit No. 03-18 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. The project complies with the requirements for parking, setbacks, floor area ratio, and building height. In addition the design of the project complies with the Huntington Beach Design Guidelines. 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 CG-171 (General Commercial — 0.35 FAR). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residences, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. LU 10.1.12 Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of incorporation of site landscape, particularly along street frontages and in parking lots. ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. ZA Minutes 08/06/03 3 (03zm0806) The application allows for the establishment of a new office/retail office building within the City. The project will provide the opportunity for prospective business to move to or relocate within the City. The design of the project will be compatible with other commercial buildings in the area by siting the building at the street intersection, providing quality architectural features, and providing sufficient landscaping along the street frontage and within the parking area. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-18: 1. The site plan, floor plans, and elevations received and dated June 30, 2003, shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials approved by the Design Review Board and maintained in case file DRB No. 03-06. b. The landscaped planters along the north and west property lines shall be widened to seven (7) feet. c. An eight (8) foot high block wall shall be provided along the westerly property line. d. The sidewalks abutting the northerly and westerly sides of the building shall be widened by two (2) feet to serve as a wheel stop for the adjacent parking spaces. e. Parking lot striping rkin detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) f. 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) g. 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) h. 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 • ZA Minutes 08/06/03 4 (03zm0806) ® 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. i. 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. j. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property) for a depth of 25 ft. 2. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan (and Street Improvement Plan if required by Caltrans), 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) Curb, gutter and sidewalk along the Beach Boulevard and Ronald Road frontages, per City Standard Plan Nos. 202 and 207 (Caltrans Standard Plans for Beach Boulevard). 2) The existing driveway on Beach Boulevard and Ronald Road shall be removed and replaced with ADA compliant driveways per City Standard Plan No. 209 or 211(Caltrans Standard Plans for Beach Boulevard). 40 3) Remove and replace the broken top of curb inlet at the ECR on Ronald Road. 4) An ADA compliant access ramp at the Beach Boulevard and Ronald Road corner, per Caltrans Standard Plan A88A. 5) A pedestrian walkway connecting the on -site walkway to the public sidewalk along Ronald Road. 6) New six-inch minimum size sewer lateral connection to the existing public sewer main in the street. If the new lateral is not constructed at the same location as an existing lateral, then the existing laterals shall be removed or severed and capped at the main. 7) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 2-inches in size. 8) One of the existing water services and meters serving the property may potentially be utilized for irrigation water purposes if it is of adequate size, conforms to current standards, and is in good working condition, as determined by the Water Division. If a new irrigation water service and meter is required, they shall be installed per Water Division standards and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The irrigation water service shall be a minimum of 2-inches in size. 9) Separate backflow protection devices shall be installed, per Water Division standards, for domestic water service and irrigation water services. ZA Minutes 08/06/03 5 (03=0806) 10) Any existing domestic water service and meter not re -used shall be abandoned per • Water Division standards. 11) If on -site fire hydrants and building fire sprinklers are required by the Fire Department, they shall be served from a dedicated private fire service pipeline connected to the City's public water system with an appropriate backflow protection device for each connection. 12) A new, additional streetlight shall be installed along the Ronald Road frontage near the ECR at Beach Boulevard. 13) A minimum of five feet clearance shall be maintained between the existing streetlight on Beach Boulevard and the curb return (or top of "x") of the proposed driveway approach. Relocation of the streetlight may be necessary. 14) The curb along the Ronald Road frontage shall be painted red from the Beach Boulevard ECR to the proposed driveway approach. 15) 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. 16) Drainage from the site shall be collected and discharged through curb outlet drains or connected to existing underground drainage facilities. Sheet flow across public sidewalks will not be allowed. 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. Pollution control facilities shall be designed to handle runoff from an 85"' percentile storm event. (PW) c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, utilities. (PW) d. If soil remediation is required, a remediation plan shall be submitted to the Planning, Public Works and Fire Departments for review and approval in accordance with City Specifications No. 431-92 and the conditions of approval. The plan shall include methods to minimize remediation-related impacts on the surrounding properties; details on how all drainage associated with the remediation efforts shall be retained on site and no wastes or pollutants shall escape the site; and shall also identify wind barriers around remediation equipment • ZA Minutes 08/06/03 6 (03=0806) ® e. Provide a Fire Department approved Remedial Action Plan (ARP) based on requirements found in the City of Huntington Beach Soil Cleanup Standards, City Specification No. 431-92. (FD) f. Installation and/or removal of underground flammable or combustible liquid storage tanks (UST) require the applicant to first obtain an approved Orange County environmental Health Care UST permit/site plan. This approved plan must be presented to obtain the installation and/or removal operations. (FD) g. The name and phone number of an on -site field supervisor hired by the developer shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading- related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/She will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant's contact number, City contact (Construction Manager (714) 536-5431) regarding grading and construction activities, and "1-800-CUTSMOG" in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. (PW) is h. At least 30 days prior to any grading activity, notification to all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule shall be completed. (PW) The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction -related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (PW) j. A grading/erosion control plan shall be completed and must abide by the provisions of AQMD's Rule 403 as related to fugitive dust control; and provide a plan to the Department of Public Works indicating such compliance. (PW) k. 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. (PW) ZA Minutes 08/06/03 7 (03zm0806) 1. Drainage from the project site shall be directed toward Beach Boulevard and/or Ronald Road. A retaining wall may be required in conjunction with the boundary/screen wall along the northerly property line in order to meet this requirement. (PW) 3. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department; and submit 8 inch by 10 inch colored photographs of all colored renderings, elevations, materials sample board, and massing model to the Planning Department for inclusion in the entitlement file. b. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes. (FD) d. The Design Review Board shall review and approve the colors materials and design of the proposed project. e. All Fire Department requirements shall be noted on the building plans. (FD) • f. 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) g. 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) 4. Prior to issuance of building permits, the following shall be completed: a. A Public Works Inspector shall approve the rough grade release. (PW) b. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW) c. 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 • ZA Minutes 08/06/03 8 (03zm0806) 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) d. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) e. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. (Fire Dept. City Specification 407) (FD) f. 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) g. For Fire Department Approval, food preparation fire protection system plans shall be submitted to the Building and Safety Department as separate plans for permits. (FD) h. Elevators shall be sized to accommodate as ambulance gurney. The minimum dimensions are 6'-8" wide by 42 inches wide (min.) right or left side opening. Center opening doors require a 54-inch depth. (FD) i. 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); i) manual pulls; water flow, valve tamper and trouble detection; 24 hour supervision; and iv) voice communication. j. The subject property shall provide an irrevocable offer to dedicate reciprocal access easement, between the subject site and adjacent northerly properties. The location and width of the access way shall be reviewed and approved by the Planning Department and Public Works Department. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall . be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded ® document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in ZA Minutes 08/06/03 9 (03zm0806) perpetuity, except as modified or rescinded pursuant to the expressed written approval of • the City of Huntington Beach. (Code Requirement) k. The proposed development encompasses three existing parcels of land. These parcels shall be consolidated into a single parcel. The method of consolidation shall be approved pursuant to Title 25 of the Huntington Beach Zoning and Subdivision Ordinance. Said process shall be applied for prior to submittal for building permits and approved/recorded prior to issuance of a building permit. (Code Requirement) 1. A planned sign program for all signage shall be submitted to the Planning Department. Said program shall be approved prior to the first sign request. in. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach The structure cannot be occupied, the final building permit(s) cannot be approved, utilities cannot be released, Certificates of Occupancy cannot be issued until the following has been completed: a. Complete all improvements as shown on the approved grading, improvement and • landscaping plans. (PW) 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 Dept. City Specification 428. (FD) e. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) f. Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) • ZA Minutes 08/06/03 10 (03zm0806) g. The applicant shall obtain the necessary permits from the South Coast Air Quality 0 Management District and submit a copy to Planning Department. h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) d. The construction disturbance area shall be kept as small as possible. (PW) e. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) f. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) g. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) h. Wind barriers shall be installed along the perimeter of the site. (PW) Remediation operations, if required, shall be performed in stages concentrating in single areas at a time to minimize the impact of fugitive dust and noise on the surrounding areas. (PW) j. Comply with the "Water Quality Management Plan" requirements. (PW) k. 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 - ZA Minutes 08/06/03 11 (03=0806) Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 0 7. The use shall comply with the following: a. Service roads and fire access lanes, as determined by the Fire Department, shall be posted, marked, and maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (FD) b. General assembly and meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests on a short term or payment basis is not allowed unless a conditional use permit for this particular use is reviewed and approved. 8. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 9. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 03-18 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-18 shall become null and void unless exercised within one year of the date of final approval which is July 23, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-18, 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. ZA Minutes 08/06/03 12 (03zm0806) ® 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. The Water Ordinance No. 14.52, the "Water Efficient Landscaping requirements" apply for projects with 2500 square feet of landscaping and larger. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 9. Park and Recreation Fees shall be paid at the rate of $124 per net new added daily trip. The estimated total fees to be paid is $69,936 paid at issuance of building permits. 10. All landscaping shall be maintained in a neat and clean manner, and in conformance with the BBZSO. 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. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the BBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. 12. An encroachment permit shall be required for all work within the right-of-way. (PW) r� L 13. An Encroachment Permit is required for all work within Caltran's right-of-way. (PW) 14. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 15. Live entertainment or outdoor dining is not permitted unless a conditional use permit for this specific use is reviewed and approved. 16. Alcoholic beverage sales are not allowed unless a conditional use permit for this particular use is reviewed and approved. 17. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ZA Minutes 08/06/03 13 (03zm0806) ITEM 2: COASTAL DEVELOPMENT PERMIT NO 02-14 (WONG RESIDENCE APPLICANT: Mohsen Mehrtash, 28942 Sean Drive, Laguna Niguel, CA 92677 PROPERTY OWNER: Ing Wong, 16891 Bolero Lane, Huntington Beach, CA 92649 REQUEST: CDP to (a) demolish an existing single-family dwelling and (b) construct a 3,295 sq. ft., 26-ft. tall, two-story single-family dwelling, with a 571 sq. ft. attached garage. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 16891 Bolero Lane (west side of Bolero Lane, north of Finisterre Drive, Huntington Harbor) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and stated the purpose of the requested project. Staff stated that because the applicant revised the plans after the public notification, staff is recommending a continuance to a date yet to be determined and with re -notification. THE PUBLIC HEARING WAS OPENED. Richard Batistelli, 3481 Gilbert Drive, president, Huntington Harbor Homeowner's Association (HOA), requested that they be given the opportunity to review any changes. Carole Garrett, 17163 Roundhill Drive, Huntington Harbor resident, asked if the request will include a conditional use permit;or a variance. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. COASTAL DEVELOPMENT PERMIT NO.02-14 WAS CONTINUED TO A DATE UNCERTAIN. • • L� ZA Minutes 08/06/03 14 (03=0806) ® ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 03-02/CONDITIONAL USE PERMIT NO. 03-10 (GOODWIN RESIDENCE) APPLICANT: Jeff Parkhurst, 25512 Calle Jardin, San Juan Capistrano, CA 92675 PROPERTY OWNER: Donald Goodwin, 16492 Somerset Lane, Huntington Beach, CA 92649 REQUEST: CDP to (a) demolish an existing single-family dwelling and (b) construct a 6,314 sq. ft., 35-ft. tall, three-story single-family dwelling, with a 638 sq. ft. attached garage. CUP to (a) construct a single-family dwelling with 1,152 sq. ft. of third -story habitable space and 422 sq. ft. of third -story deck area; (b) exceed 30 ft. in height; and (c) construct 25 lineal ft. of 6 ft.-tall wrought iron fencing with masonry pilasters at a 10-ft. front yard setback in lieu of a maximum height of 42 in. within 15 ft. of the front property line. 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: 16492 Somerset Lane (north side of Somerset Lane, east of Malden Circle) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and 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 executive summary. Staff also presented a review of the suggested modifications to the plans that include a redesign of the third -story roof to comply with the HBZSO Section 210.06(M)(d). Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that the applicant submitted a letter in opposition to the recommended condition of approval to redesign the third story. Two letters in opposition to the request were received. No other written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, and staff discussed the required obscure glass for the bathroom windows, facing adjacent residences, and proposed windows, which align with existing windows, in accordance with the Infill Lot Ordinance. THE PUBLIC HEARING WAS OPENED. ® Jeff Parkhurst, 25512 Calle Jardin, San Juan Capistrano, applicant, disagreed with staffs interpretation of Section 210.06(M)(d) of the HBZSO and read the code to the Zoning ZA Minutes 08/06/03 15 (03zm0806) Administrator. Mr. Parkhurst approached the plans, presented a review of the proposed project • and stated that the proposed project is in compliance with the HBZSO. He also presented a diagram representing various views of the third -story from different angles. Richard Batistelli, 3481 Gilbert Drive, president, Huntington Harbor Homeowner's Association (HOA), stated that they oppose the proposed project based upon a negative impact on property values and right to views from existing homes. Mr. Batistelli stated that they disagree with suggested Finding No. 1, and stated that the residences on Gilbert Island are mostly single and two-story homes. He urged the Zoning Administrator's denial of the request. Carole Garrett, 17163 Roundhill Drive, Huntington Harbor resident, spoke in opposition to the proposed project and urged the Zoning Administrator's denial of the request. Ms. Garrett stated that the proposed project would be detrimental to property values in the Huntington Harbor area particularly the single -story homes. She stated that the CC&Rs restrict building heights in excess of 30 feet. Randy Fuhrman, 16915 Roundhill Drive, Huntington Harbor resident, spoke in opposition to the proposed project. Mr. Fuhrman disagreed with the suggested findings for approval stating that an approval would be detrimental to the property values. A member of the audience stated opposition to the proposed height in excessive of 30 feet. Donald Goodwin, 16492 Somerset Lane, property owner, spoke on behalf of the proposed project and urged the Zoning Administrator's approval. Mr. Goodwin addressed the number of single -story homes in the harbor area that have been upgraded to two- and three-story homes. He stated that they have attempted many redesigns in order to comply with the zoning ordinance. Ellen Goodwin, 16492 Somerset Lane, spoke in support of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange stated that he was going to deny the conditional use permit. Mr. Strange addressed the third -story design issues concerning the proposed card room, which is not designed in accordance with the requirements of the zoning ordinance. He noted that the applicant and staff have not yet resolved the third -story design issues in spite of many attempts to do so. Mr. Strange stated that he was also going to deny the coastal development permit since it is directly linked to the conditional use permit. Mr. Strange stated that he was inclined to approve the request for the wrought iron fence but could not do so without the elevations. Mr. Strange asked the applicant when the elevations and design plans would be available. The applicant stated that the final design has not yet been determined. 0 ZA Minutes 08/06/03 16 (03zm0806) ® Discussion ensued concerning a continuance of item (c) of the requested conditional use permit for the wrought iron fence. The applicant stated a desire to deny the aforementioned in order to facilitate the appeal process for the entire project. • COASTAL DEVELOPMENT PERMIT NO. 03-02/CONDITIONAL USE PERMIT NO. 03-10 WERE DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15302 of the CEQA Guidelines, because the project consists of the replacement of an existing structure and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 03-02: 1. The project, as proposed, is inconsistent with the requirements of the base zoning district for the design of third -story habitable space. A portion of the proposed third -story, the "card room" at the northeast corner of the dwelling, is not designed within the confines of the second -story roof volume in accordance with the requirements of the applicable ordinance (HBZSO Section 210.06(M). FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 03-10: The proposed Conditional Use Permit No. 03-10 to (a) construct a single-family dwelling with 1,152 sq. ft. of third -story habitable space and 422 sq. ft. of third -story deck area; and (b) exceed 30 ft. in height; does not comply with the provisions of the Huntington Beach Zoning and Subdivision Ordinance for the design of the third -story habitable space. A portion of the proposed third -story, the "card room" at the northeast corner of the dwelling, is not designed within the confines of the second -story roof volume in accordance with the requirements of the applicable ordinance (HBZSO Section 210.06(M). 2. The conditional use permit request to construct 25 lineal ft. of 6 ft.-tall wrought iron fencing with masonry pilasters at a 10-ft. front yard setback in lieu of a maximum height of 42 in. within 15 ft. of the front property line, is denied on the basis that the design of the proposed fence must be considered in the context of a plan for the overall development of the site; and no such plan has been approved. ZA Minutes 08/06/03 17 (03zm0806) THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 13, 2003 AT 1:30 PM. Mike Strange, Acting Zoning Administrator :rmk 0 ZA Minutes 08/06/03 18 (03zm0806)