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HomeMy WebLinkAbout2003-11-19® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 19, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-42 (SCE RIGHT-OF-WAY WIRELESS COMMUNICATIONS FACILITY — CONTINUED FROM THE OCTOBER 22, 2003 MEETING WITH THE PUBLIC HEARING OPEN) ® APPLICANT: Suzanne Gatti, AFL Telecommunications, 167 Technology Way, Irvine, CA 92618 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To install a wireless communications facility, consisting of three (3) antenna arrays attached to an existing Southern California Edison tower at a height of 43 ft. and a 10 ft.-7 in. tall, 185 sq. ft. equipment enclosure located at grade, below the tower. LOCATION: 19241 Magnolia Street (SCE right-of-way, west of Magnolia Street, south of Garfield Avenue) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request was continued from the October 22, 2003, meeting to allow the applicant time to revise the plans for the equipment shelter as recommended by the Design Review Board. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff advised that the Public Works Department ® recommended that the applicant be required to install a driveway of turf block or other approved surface leading from the park service road to the proposed facility; however, this requirement is not supported by the Planning Department or Community Services Department due to the impact • on park use. Staff stated that two letters in opposition to the proposed project were received as well as one inquiry into the nature of the proposed project. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed project plans of the proposed facility and photographs of the subject property and neighboring residences. THE PUBLIC HEARING WAS OPENED. Doug Jackson, 8832 Luss Drive, neighboring property owner, presented a letter, which was signed by neighboring property owners, opposing the proposed project. Mr. Jackson stated numerous concerns including use of the structure by undesirables during the nighttime hours, reduction in the re -sale value of their homes, health hazard from the combined radio frequency and high voltage, and impact upon their view. Mr. Jackson stated that the proposed project should not be governed by the Telecommunications Act of 1996 because of the uniqueness of the situation. He asked when the AES power plant was to be removed. Bernadette Jackson, 8832 Luss Drive, neighboring property owner, spoke in opposition to the proposed project. Ms. Jackson presented photographs of the subject facility as viewed from her residence. 0 Ms. Broeren engaged in general discussions concerning the distance from the neighboring parcel and aesthetic concerns regarding the proposed facility. Gale Licata, 8841 Crescent Drive, spoke in opposition to the proposed project expressing the same concerns as the previous speakers. A gentleman in the audience asked if an environmental study has been conducted in relation to the proposed project. Suzanne Gatti, AFL Telecommunications, 167 Technology Way, Irvine, applicant, addressed the aforementioned concerns and spoke on behalf of the proposed project. Ms. Gatti urged the Zoning Administrator's approval stating that the project has been reviewed by the Design Review Board and is regulated by the FCC. She stated that alternative sites have been considered and discussed with Mr. Jackson. Ms. Gatti referenced the Telecommunications Act concerning radio frequency transmissions stating that no state or local government can regulate wireless facilities on the basis of environmental impacts of radio frequency emission. She stated that concerning the effect of a combination of frequencies it becomes a very gray area because the jurisdiction is split between the California Public Utilities Commission and the FCC. • ZA Minutes 11/19/03 2 (03=1119) ® THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren addressed the aforementioned concerns as presented by the members of the public. She stated that the Zoning Administrator has acted upon a number of wireless communications facilities; however, because of the proximity to homes, the standard for attractiveness has been raised. She stated that the City doesn't normally get much opposition to these types of facilities because the SCE tower is existing, and the applicant is requesting the addition of three antenna arrays. Ms. Broeren further addressed the location, height, visibility, and compatibility of the proposed facility as related to the neighboring residences. She stated that the location of the antenna creates a localized impact and that, while the City cannot regulate the radio frequency emissions, the City can regulate the location from a compatibility standpoint to ensure that the adjacent property owners are not detrimentally impacted. Ms. Broeren stated that she was going to deny the request. She stated that the applicant has done a commendable job in terms of improving the aesthetics of the utility structure; however, the location is too close to homes, is in an active park and, even though the subject site is underneath a tower, it will reduce the City park space. Ms. Broeren asked staff to modify the findings for denial as reflected below. ® CONDITIONAL USE PERMIT NO. 03-42 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING r� 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 the installation of a small new facility and associated equipment. ZA Minutes 11/19/03 3 (03zm1119) FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 03-42: 0 Conditional Use Permit No. 03-42 to install a wireless communications facility, consisting of three (3) antenna arrays attached to an existing Southern California Edison tower at a height of 43 ft. and a 10 ft.-7 in. tall, 185 sq. ft. equipment enclosure located at grade, below the tower, will 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 due to the close proximity of the proposed facility to single-family dwellings and impact on the active park use. 2. The conditional use permit will not be compatible with surrounding uses because the proposed facility will be located in close proximity to existing homes in an active recreational park and will result in obstruction of views. ITEM 2: CONDITIONAL USE PERMIT NO. 03-48 (THE PET ZONE APPLICANT: Denise Atkinson, 16989 Bluewater Lane, Huntington Beach, CA 92649 PROPERTY OWNER: Edinger Associates, c/o AMC Management, 1600 Dove Street #140, Newport Beach, CA 92660 REQUEST: To establish a dog daycare and kennel facility in an existing 5,040 sq. ft. commercial suite. LOCATION: 7466 Edinger Avenue (south side of Edinger Avenue, east of Gothard Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs 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 recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. One telephone call was received from one of the center's business owners concerning dogs leaving messes outdoors as they enter and exit the subject site. Staff stated that the foregoing concern was brought to the applicant's attention in addition to the fact that any violations of suggested Condition No. 2 would result in action from Code Enforcement and may result in revocation of the use. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Denise Atkinson, 16989 Bluewater Lane, applicant, stated that she had no comments at this time. ZA Minutes 11/19/03 4 (03zm1119) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed that the applicant is aware of suggested Condition No. 2. CONDITIONAL USE PERMIT NO. 03-48 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 15301 of the CEQA Guidelines, because the project consists of the operation of existing facilities involving negligible or no expansion of the use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-48: 1. Conditional Use Permit No. 03-48 to establish a dog daycare and kennel facility in an existing 5,040 sq. ft. commercial suite 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 use will contribute to the viability of the commercial center by attracting customers and generating lease revenue, thus improving the value of property in the neighborhood. The proposed facility will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the property. 2. The conditional use permit will be compatible with surrounding uses because the proposed commercial establishment will be operated in an existing commercial shopping center, adjacent to other commercial uses of similar nature and intensity. The proposed Conditional Use Permit No. 03-48 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 proposed service establishment is permitted in the CG base district, subject to conditional use permit approval, pursuant to Section 211.04 of the Huntington Beach Zoning and Subdivision Ordinance — CO, CG, and CV Districts: Land Use Controls. No new construction is proposed. 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-FP2 (Commercial General — Flood Plain 2) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ZA Minutes 11/19/03 5 (03zm1119) LU 10.1.1: 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 residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. 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.. The proposed business will contribute to the diversity of service -commercial uses oriented to the needs of local residents and the surrounding community in the City. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-48: The site plan, floor plans, and elevations received and dated September 17, 2003 shall be the conceptually approved layout. 2. All activities associated with the proposed use shall be conducted entirely indoors. 3. 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. THE MEETING WAS ADJOURNED AT 2:25 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 26, 2003 AT 1:30 PM. G- ' l% r_ Mat Beth roeren Zoning Administrator rmk • ZA Minutes 11/19/03 6 (03zm1119)