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HomeMy WebLinkAbout2003-09-10® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 10, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE Item 3 was moved to the front of the Agenda. Please note the Minutes will reflect actions taken in their original order. ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 03-02/CONDITIONAL USE ® PERMIT NO. 03-10 (R)(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: To review a revised plan for a previously denied coastal development permit and conditional use permit. 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 photographs. Staff stated the purpose, • location, zoning, and existing uses of the requested project. Staff stated the reasons for denial at the August 6, 2003, Zoning Administrator meeting. Staff reviewed the revised plans that were submitted by the applicant on this date (September 10, 2003); stated that the revised plans comply with the HBZSO standards for third -story construction; reviewed the suggested findings and conditions of approval as outlined in the executive summary; and recommended that suggested Condition No. 1 be revised as follows: Suggested Modification to Condition No. 1 The plans and elevations received and dated July 23, 2003 shall be the conceptually approved layout, except as modified in accordance with the third floor plan, roof plan, channel elevation, right elevation and front courtyard elevation, received and dated September 10, 2003, and the following: a. All portions of the third floor deck shall be setback a minimum of five feet from the second -story fagade. Staff recommended approval of the request based upon the revised plans and the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that one letter in opposition to the proposed project was received from the • Huntington Harbour Property Owner's Association (HOA) citing violations of the CC&Rs and side yard setback zoning codes. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Ellen Goodwin, 16492 Somerset Lane, property owner, spoke in favor of the proposed project. Donald Goodwin, 16492 Somerset Lane, property owner, stated that the only residents voicing objections to the proposed project are property owners who are far removed from the subject site. Jeff Parkhurst, 25512 Calle Jardin, San Juan Capistrano, applicant, stated that the plans have been significantly revised. Mr. Parkhurst stated that they have no objection to the suggested conditions of approval and are willing to comply. Richard Batistelli, 3481 Gilbert Drive, president, Huntington Harbour Homeowner's Association, and resident of Gilbert Island, stated that the untimely manner in which the revised plans were submitted deprived them from the opportunity to review and prepare accordingly for today's meeting. Mr. Batistelli spoke in opposition to the proposed project voicing concerns related to the impact on existing homes and non-conformance. • ZA Minutes 09/10/03 2 (03=0910) • Mike Strange, Acting Zoning Administrator, engaged in a discussion concerning Mr. Batistelli's comments. Staff advised that an interim plan was presented to Mr. Batistelli, which staff subsequently required the applicant to revise. Staff stated that the aforementioned revisions were not significant and comprised of minor changes to the roofline and deck set back. Dora Kaikainahaole, 16662 Wellington Circle, neighboring property owner, voiced opposition to a massive house at the subject site. Cindy Macha-Skjonsby, 16642 Wellington Circle, neighboring property owner, voiced opposition to the proposed project. Imogene Nesseth, 16572 Mariana Circle, neighboring property owner, spoke in opposition to the proposed project stating that the dwelling is too large for the lot. Marguerite Morrison, 16582 Somerset Lane, neighboring property owner, spoke in opposition to the proposed project. She stated that the proposed height would interfere with sunlight and circulation of air. 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's statements were based upon violations of the existing CC&Rs, failure to meet the conditions of a conditional use permit, and detriment to property values. Randy Fuhrman, 16915 Roundhill Drive, neighboring property owner, spoke in opposition to the proposed project and urged the Zoning Administrator to deny the request. He also requested an extension of time to review the revised plans. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange reviewed the revised plans, which were submitted on this date. Mr. Strange stated that the degree of the changes would determine whether or not he would render a decision at today's meeting. Mr. Strange and staff reviewed the revised plans submitted on this date, the plans submitted on July 23, 2003, and engaged in a discussion thereof. Staff advised that with the exception of Mr. Batistelli and Ms. Garrett, and since re -notification of the request, he has received no requests to review the plans up to the date of today's hearing. Mr. Strange stated that the changes submitted in the revised plans are minor in nature and that he would act on the request this date. A general discussion ensued with Mr. Strange and members of the audience concerning the HOA's ability to enforce the CC&Rs and the nuisance rule. ZA Minutes 09/10/03 3 (03zm0910) Mr. Strange clarified the code requirements, which subject a project to a conditional use permit when exceeding the 30-foot threshold. 0 Mr. Strange stated that he was going to approve the request based upon the suggested findings and suggested conditions of approval as recommended by staff above and with star s recommended modification. COASTAL DEVELOPMENT PERMIT NO. 03-02/CONDITIONAL USE PERMIT NO. 03-10 (R) WERE 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) WORKING 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 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. is FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-02: Coastal Development Permit No. 03-02 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, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program Land Use designation of Residential Low -Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project, as modified by conditions of approval, is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project, as conditioned, complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on -site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed dwelling will be constructed on a previously ZA Minutes 09/10/03 4 (03=0910) ® developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-10: 1. 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; (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 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 dwelling will be constructed in a single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. Conditions of approval requiring redesign of the proposed third -story to comply with HBZSO requirements, the offset alignment of windows with adjacent dwellings and the use of obscure glass windows for protection of privacy, will ensure no detrimental impacts. The proposed wrought iron fence will be constructed at a front yard setback (ten feet) which is consistent with the required setback for side -entry garages in the zoning district and previously approved conditional use permits for six foot tall fences in the vicinity. The proposed fence will allow for views through the fence and will have no detrimental impacts. 2. The conditional use permit will be compatible with surrounding uses because the design, ® materials, height, size and massing of the proposed dwelling and fence is comparable with other dwellings existing in the surrounding neighborhood. 3. The proposed Conditional Use Permit No. 03-10, as modified by conditions of approval, will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third -story design criteria. 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 maximum) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2. lb: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1 c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with ® a conditional use permit. The proposed third -story and third -story deck, as modified by conditions of approval, will be setback from the second -story fagade as required by the HBZSO, ZA Minutes 09/10/03 5 (03zm0910) thus minimizing the building massing, and designed in compliance with the City's third -story design standards. No third -story windows or deck areas are oriented toward adjoining properties is all windows on the first and second floors will align offset from windows on adjacent dwellings or will be fitted with obscure glass, in order to maintain privacy on abutting properties. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-02/ CONDITIONAL USE PERMIT NO. 03-10: 1. The plans and elevations received and dated July 23, 2003 shall be the conceptually approved layout, except as modified in accordance with the third floor plan, roof plan, channel elevation, right elevation and front courtyard elevation, received and dated September 10, 2003, and the following: a. All portions of the third floor deck shall be setback a minimum of five feet from the second -story fagade. b. The first floor center bow window at the kitchen and the first floor center bow window at the dining room shall be eliminated or fitted with obscure glass. All bathroom windows facing existing residences shall be fitted with obscure glass. c. 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 removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to issuance of grading permits, the following shall be completed: a. A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. The following public improvements shall be shown on the plan: (PW) 1) The existing driveway approach shall be removed and replaced with curb and gutter per City Standard Plan Nos. 202 and 207. 2) Construction of a new driveway approach per City Standard Plan No. 209, 10 ZA Minutes 09/10/03 6 (03zm0910) Is 3) Construction of a new sewer lateral from the main in the street. If the new sewer lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be capped at the main or chimney. 4) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The water service shall be a minimum of 1-inch in size. 5) A separate backflow protection device shall be installed, per Water Division standards for domestic water service. 6) The existing domestic water service and meter shall be abandoned per Water Division standards. 7) The existing fire backflow protection device shall be removed and replaced with a backflow protection device that conforms to the current Water Division standards. 8) 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). One 36-inch box tree is required in the front yard as a minimum. 9) The minimum finished floor elevation for the new house shall be 10 (NAVD 88). (The project shall maintain compliance with the 35-foot maximum height, as measured in accordance with the provisions of BBZSO Section 230.70). 10) Surface runoff from the property shall drain to the street as much as possible. Drainage over or through the bulkhead (seawall) shall be kept to an absolute minimum. b. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. "Best Management Practices" shall be identified and incorporated into the design. (PW) c. A detailed soils analysis prepared by a Licensed engineer shall be submitted for reference only. (PW) d. 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; a plan indicating such compliance shall be submitted to the Department of Public Works. (PW) e. Blockwall/fencing plans (including a site plan, section drawings, and elevations depicting the height and material of all retaining walls, walls, and fences) 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. ZA Minutes 09/10/03 7 (03zm0910) 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) 5. Prior to issuance of building permits, the following shall be completed: a. An automatic fire sprinkler system plan shall be submitted to the Building & Safety Department as separate plans for permits, for review and approval by the Fire Department. (FD) b. A fire alarm system plan in compliance with Huntington Beach Fire Code shall be submitted to the Building & Safety Department as separate plans for permits, for Fire Department review and approval. (FD) 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. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) e. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) ZA Minutes 09/10/03 8 (03zm0910) ® f. Comply with the "Water Quality Management Plan" requirements. (PW) g. Truck idling shall be prohibited for periods longer than 10 minutes. h. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 7. 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 improvements per the approved plans. 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. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be ® submitted and approved by the Fire Department prior to system installation. (FD) e. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) f. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. (FD) 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. h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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. ZA Minutes 09/10/03 9 (03=0910) 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. Coastal Development Permit No. 03-02/Conditional Use Permit No. 03-10 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 03-02/Conditional Use Permit No. 03-10 shall become null and void unless exercised within one year of the date of final approval which is September 10, 2004, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 03-02/Conditional Use Permit No. 03-10, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building • Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. Park Fees shall be paid prior to issuance of building permits. 9. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 10. An encroachment permit shall be required for all work within the right-of-way. (PW) is ZA Minutes 09/10/03 10 (03zm0910) 11. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public 0 waterway shall require separate permits. ITEM 2: CONDITIONAL USE PERMIT NO.03-38 (BROOKS/SEMENIUK BLOCK WALL APPLICANT/ PROPERTY OWNER: Katrina and George Semeniuk, 3652 Aquarius Drive, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 6-foot high block wall within the required 15-foot front yard setback in lieu of the maximum allowable height of 42 inches, at a distance of six feet from the front property line. LOCATION: 3652 Aquarius Drive (Southside of Aquarius Drive and East of Trinidad Lane) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs. 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 ® executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. No written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, reviewed the plans with staff and a general discussion ensued concerning the setback and landscaping. THE PUBLIC HEARING WAS OPENED. George Hess, architect, spoke in support of the proposed project and urged the Zoning Administrator's approval. George Semeniuk, 3652 Aquarius Drive, property owner, stated that the block wall is needed to create a secure play area for their children and to minimize noise from the street. Randy T. Fuhrman, 16915 Roundhill Drive, neighboring property owner, spoke in opposition to the proposed project, voiced concerns related to the proposed project's violation of the CC&Rs, and urged the Zoning Administrator's denial. ® Carole Garrett, 17163 Roundhill Drive, Huntington Harbor resident, supported Mr. Fuhrman's statements and urged the Zoning Administrator's denial. ZA Minutes 09/10/03 11 (03zm0910) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-38 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND 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 CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of construction of a minor accessory structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-38: Conditional Use Permit No. 03-38 for the construction of a 6-foot high block wall within the required 15-foot front yard setback in lieu of the maximum allowable height of 42 inches, at a distance of six feet from the front property line 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 wall design, colors and materials will compliment the existing neighborhood character and the existing single-family home. Landscaping will be provided along the street frontage to further enhance the existing streetscape. The wall will be conditioned to provide an average setback of 9 feet (no less than 8 feet) to be consistent with the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the wall is proposed in a neighborhood with an established pattern of variable building setbacks. The subject wall will be conditioned to be constructed with a varied front yard setback matching that of several dwellings in the surrounding area. The proposed Conditional Use Permit No. 03-38 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. • ZA Minutes 09/10/03 12 (03=0910) 4. The granting of this conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low -Density (RL) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that new development within existing residential neighborhoods be compatible with existing structures, including: - Maintenance of the predominant or median existing front yard setback and; - Use of complementary building materials, colors, and forms, while allowing flexibility for unique design solutions. b. UD 1.3.5: Require that privately developed walls make a positive visual contribution to the public streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units. The proposed wall will be designed with decorative features such as stucco colored to match the house. The wall will be setback a minimum of 8 feet with an average of 9 feet to be consistent with the surrounding neighborhood. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-38: 1. The site plan, floor plans, and elevations received and dated July 23, 2003 shall be the conceptually approved layout with the following modifications: a. The wall shall be setback a minimum of 8 feet with an average setback of 9 feet. b. One thirty-six (36) inch box tree shall be planted within the front yard setback. 2. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 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. 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 ZA Minutes 09/10/03 13 (03=0910) 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 REOUIREMENTS: 1, Conditional Use Permit No. 03-38 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-38 shall become null and void unless exercised within one year of the date of final approval which is September 9, 2003, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-38, 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. Prior to issuance of Building Permits for new construction in the Coastal Zone, a Categorical Exclusion fee shall be paid. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. • ZA Minutes 09/10/03 14 (03=0910) • ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 03-12 (ICE SKATING RINK (a), PIER PLAZA) APPLICANT: City of Huntington Beach, Community Services Department, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To establish and operate a temporary ice skating rink and associated equipment at Pier Plaza from November 131h to January 19th each year for a period of five years (2003-2007). LOCATION: 410 Pacific Coast Highway (Southside of PCH at the terminus of Main St.) 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. Staff stated that one telephone call was received from a resident inquiring into whether or not the proposed project would be subject to an annual review. Staff recommended the following ® additions to suggested Condition of Approval No. 2: a. Relocation of the arts and crafts fair/farmers market during operation of the ice skating rink shall be addressed. Entitlements for the fair/market shall be amended if determined necessary. 0 b. If deemed necessary, a new domestic water service and meter shall be installed, per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. c. If determined necessary, a separate backflow protection device shall be installed, per Water Division standards for domestic water service. THE PUBLIC HEARING WAS OPENED. Naida Osline, Community Services, applicant, stated that the specific events committee will conduct an annual review of the proposed project thereby addressing any Public Works and Fire departments concerns. Dave Dominguez, Community Services, applicant, also addressed the role of the specific events committee as related to the proposed project. ZA Minutes 09/10/03 15 (03=0910) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. 0 Mike Strange, Acting Zoning Administrator, confirmed with staff that no changes to the current process are anticipated. COASTAL DEVELOPMENT PERMIT NO. 03-12 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) WORKING 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 15311 of the CEQA Guidelines, because project consists of a seasonal ice skating rink. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-12: Coastal Development Permit No. 03-12 to establish and operate a temporary ice skating rink and associated equipment at Pier Plaza from November 13`, to January 19'h each year for a • period of five years (2003-2007), as proposed, conforms to the General Plan, including the Local Coastal Program Land Use designation of Open Space -Shore. The proposed project is consistent with Coastal Element Land Use Goal C.3 to provide a variety of recreational and visitor commercial serving uses for a range of cost and market preferences. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed seasonal ice-skating rink will be installed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access to and within Pier Plaza or impact public views to coastal resources. • ZA Minutes 09/10/03 16 (03zm0910) ® CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.03-12: The site plan, floor plans, and elevations received and dated July 30, 2003 shall be the conceptually approved layout. a. Elevations shall depict colors and building materials approved by the Design Review Board and maintained in case file DRB No. 03-31. 2. Prior to commencement of the use, the following shall be completed: a. Relocation of the arts and crafts fair/farmers market during operation of the ice skating rink shall be addressed. Entitlements for the fair/market shall be amended if determined necessary. b. If deemed necessary, a new domestic water service and meter shall be installed, per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. c. If determined necessary, a separate backflow protection device shall be installed, per Water Division standards for domestic water service. d. Further information on the Chiller unit such as type of coolant; quantity of coolant; ® emergency signage; emergency controls, etc. shall be provided to the Fire Department The chiller unit shall comply with Article 63 of the 2001 California Fire Code. (FD) e. The applicant shall obtain approval of a Temporary Fire Permit from the Fire Department each year. (FD) f. Address numbers shall be installed to comply with City Specification No. 428 — Premise Identification. (FD) g. Fire Extinguishers shall be installed and located in areas to comply with HBFC standards found in City Specification No. 424 — Portable Fire Extinguishers. The number and type of extinguishers will be determined by the Fire Department. (FD) h. The applicant will need to make a disclosure of any hazardous materials to the Hazmat Division of the Fire Department. (FD) i. The Design Review Board shall review and approve the colors materials and design of the proposed project. ZA Minutes 09/10/03 17 (03zm0910) 3. The use shall comply with the following: 0 a. Emergency access to the pier, the full width of the existing driveway at Pacific Coast Highway, shall be maintained clear and free of obstructions associated with the ice-skating rink at all times. b. Only the uses described in the narrative received and dated July 30, 2003 shall be permitted. c. Security personal shall staff the ice skating rink during non -operational hours. 4. The applicant shall meet with Public Works to discuss the process in which the water will be dispensed with prior to dismantling the ice skating rink. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 6. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 03-12 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 03-12 shall become null and void unless exercised within one year of the date of final approval which is September 10, 2004, or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 03-12, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. • ZA Minutes 09/10/03 18 (03zm0910) • 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. 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. 7. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Planning Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 17, 2003 AT 1:30 PM. Mike krange, Acting Zoning Administrator rmk ZA Minutes 09/10/03 19 (03=0910)