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HomeMy WebLinkAbout2004-02-11MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 11, 2004 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: December 17, 2003 January 7, 2004 Continued from the February 4, 2004 meeting APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 03-24NARIANCE NO. 04-01 (HEROLD ADDITION —CONTINUED FROM THE JANUARY 21, 2004 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT/ PROPERTY OWNER: Jim Herold, Huntington Beach, CA 92649 REQUEST: CDP: To convert an existing garage into residential living space and construct a new 11'-6" high, 535 sq. ft. garage addition to an existing single-family home. VAR: To allow a 462 sq. ft. garage conversion into living space at a minimum 10'-3" front yard setback in lieu of the minimum code required 15'-0" front yard setback. LOCATION: 3271 Gilbert Drive (north side of Gilbert Drive and east of Channel Lane) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the item was continued from the January 21, 2004, meeting to allow time for the filing of a variance to be included with the requested coastal development permit. 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 since the January 21, 2004, meeting, the following communications were received: • A telephone call concerning on -street parking, visibility and cars parking in the driveway with an overhang onto the public sidewalk. • A letter from an adjacent property owner concerning a non -permitted fireplace, block wall, spa, and gas line. • Written communication from the homeowner's association stating their approval of the proposed project and concern for the applicant's ability to comply. No other written or verbal comments were received in response to the public notification. Staff stated that Code Enforcement visited the subject site in addition to speaking with the applicant. Staff suggested modifying the suggested conditions of approval by adding the following: • Plumbing Permits shall be obtained for the replacement of the gas line servicing the fireplace and the replacement of the pool equipment within 60 days from the effective date of this approval. • The driveway shall have a minimum depth of 20 feet to provide the minimum required 2 open parkinq spaces Furthermore the garage shall have a minimum interior depth of 19 feet. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and photographs. Ms. Broeren stated that she has read the letters received from Alicia Dose and from the property owner's association. THE PUBLIC HEARING WAS OPENED. Janice Herman, 16802 Channel Lane, neighboring property owner, spoke in opposition to the proposed project. Ms. Herman stated that the proposed project would ruin the integrity of the neighborhood. She opposed the height of the eight -foot fireplace and voiced concerns related to safety issues due to the non -permitted spa including lack of proper gate closure. She stated that the applicant has exhibited a blatant disregard for the City's permitting process. Rick Taylor 16661 Wellington Circle, neighboring property owner, voiced concerns related to the applicant's intent and fraudulent behavior. Mr. Taylor asked the City to ensure that adequate driveway and garage parking for two vehicles will exist at the subject site. Jim Herold, 3271 Gilbert Drive, applicant, presented a brief history of the problems incurred during the permitting process for the proposed project. Debbie Crani, 3302 Gilbert Drive, neighboring property owner, stated that the applicant's improvements to the house, yard and landscaping have added to the beauty of the neighborhood. Ruth Lapham, 16792 Channel Lane, neighboring property owner, stated that she was in favor of the proposed project. Ms. Lapham stated that the applicant's improvements to the subject property have raised the value of surrounding properties. • ZA Minutes 02/11/04 2 (04=0211) Alicia Dose, 3242 Gilbert Drive, neighboring property owner, stated that she was in favor of improvements but voiced concerns related to parking and the applicant's disrespect for the City. Ms. Dose questioned the City's permitting process and procedures. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren addressed the above concerns, which were voiced by the neighboring property owners. She stated that the subject matter being addressed by the Zoning Administrator (ZA) is the coastal development permit and the variance and not whether or not the applicant has acted in bad faith. Ms. Broeren stated that the ZA has to look at land use conditions, City code and if findings can be met to satisfy an approval of the request. Ms. Broeren stated that based upon staff's presentation, all of the work that has been constructed (barring the variance) can be permitted and are allowed by code. She stated that the Planning and Code Enforcement staff would be watching this project closely to ensure that all of the proper permits are obtained. Ms. Broeren further reviewed the project plans with staff and a discussion ensued concerning staff's recommended modifications to the suggested conditions of approval. Ms. Broeren stated that she concurs with staff's suggested findings for approval. She stated that she was going to approve the request with staff's suggested modifications to the . suggested conditions of approval. COASTAL DEVELOPMENT PERMIT NO. 03-24NARIANCE NO. 04-01 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 CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of an addition to an existing structure, which increases the floor area less than 50 percent and involves negligible or no expansion of an existing use. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-24: 1. Coastal Development Permit No. 03-24 for the construction of a 535 sq. ft. garage addition to an existing single-family home, as proposed, conforms with the General Plan, including the Local Coastal Program land use designation of Residential Low -Density. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction will occur on a site developed with a single family home, contiguous to existing residential development. ZA Minutes 02/11/04 3 (04=0211) 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, including maximum building height, minimum yard setbacks, and maximum lot coverage. The proposed 535 sq. ft. garage will meet the minimum on -site parking requirements. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL - VARIANCE NO. 04-01: The granting of Variance No. 04-01 to allow a 462 sq. ft. garage conversion into living space at a minimum 10'-3" front yard setback in lieu of the minimum code required 15'-0" front yard setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed variance will allow for only a minor encroachment (less than 47 s.f.) into a portion of the required front yard area. The garage conversion into living space encroaches a maximum of 4'-9" into the front yard setback on the northerly side and 0'-0" on the southerly side with an average encroachment of 2'-2" into the front yard setback. The property will maintain a front yard, which on average exceeds the minimum required and which is comparable and compatible with other properties in the vicinity. 2. Because of special circumstances applicable to the subject property, such as shape, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Development on the subject property is uniquely constrained by the irregularly shaped lot. The angle of the front property line presents circumstances that deprives the subject property of the privilege to construct an addition which, if not for irregular shaped lot, would otherwise meet the 15 foot front yard setback required in the zoning district. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to allow the conversion of an existing side entry garage into living space in substantial conformance with the required minimum setback. Strict compliance with the required setback would constitute an unnecessary hardship to the property owner, due to the angle of the front property line, since it would require that a substantial portion of the proposed garage conversion be reconstructed at a setback, which exceeds the required minimum in order that all portions of the addition comply with the minimum setback. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The reduced front yard setback will not impact the surrounding properties or circulation of adjacent streets. The proposed minor encroachment of the garage conversion at a minimum 10-foot front yard setback is consistent with several properties located in the surrounding neighborhood. The setback ZA Minutes 02/11/04 4 (04=0211) area between the proposed garage conversion and the front property line will be entirely landscaped. The proposed garage conversion will not encroach into the required vision clearance triangle at the intersection of the driveway and the public sidewalk. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low -Density — Coastal Zone) on the subject property, including the following General Plan policies: LU 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. LU 9.1.2(c): Minimize the amount and width of the paving of front yards for driveway and garage access. The requested variance accounts for the somewhat unique attributes of the site at its location north of a bend in Gilbert Drive and the resulting angle of the front property line. The proposed garage conversion into living space will allow for the construction of a new front entry 2-car garage, which limits paved areas to the minimum necessary. Furthermore, the proposed landscaping within the front yard exceeds the minimum required by the HBZSO. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-24NARIANCE NO. 04-01: i1. The site plan, floor plans, and elevations received and dated December 12, 2003, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. Building permits shall be obtained for the outdoor fireplace and block wall within the front yard setback installed without permits and finaled within 60 days from effective date of this approval or shall be removed within 60 days from effective date of this approval. 4. Plumbing Permits shall be obtained for the replacement of the gas line servicing the fireplace and the replacement of the pool equipment within 60 days from the effective date of this approval. 5. The driveway shall have a minimum depth of 20 feet to provide the minimum required 2 open parking spaces. Furthermore, the garage shall have a minimum interior depth of 19 feet. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall ZA Minutes 02/11/04 5 (04zm0211) defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2: VARIANCE NO. 03-17 (BEACH/SLATER CHEVRON — REMODEL — CONTINUED FROM THE JANUARY 28, 2004 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Andrea Fiscus -Munoz, 16868 A Street, Huntington Beach, CA 92647 PROPERTY OWNER: G&M Oil Co., Inc., 16868 A Street, Huntington Beach, CA 92647 REQUEST: To permit (1) a total of 8 percent landscaping in lieu of the Code - required 10 percent, (2) a landscape planter width of 2 ft. along the westerly property line and a landscape planter width of 3 ft. along the southerly property line, in lieu of the Code -required 10 ft., based on an exterior fagade remodel of the existing service station including the installation of new fuel pump canopy tops LOCATION: 17472 Beach Boulevard (northeast corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Paul Da Veiga • Paul Da Veiga, 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 stated that the request was continued from the January 28, 2004, meeting, in order to address questions related to the applicant's urging to delete the requirement for the closure of one of the driveways as set forth in suggested Condition No. 1.f. Staff recommended approval of the request based upon the suggested findings and conditions of approval as outlined in the executive summary. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and aerial photograph and a discussion ensued with staff. Ms. Broeren confirmed with staff that closure of one of the driveways was not recommended by the Department of Public Works. Ms. Broeren further confirmed with staff that the applicant has agreed to the suggested conditions of approval with the exception of no. 1.f. THE PUBLIC HEARING WAS OPENED. Andrea Fiscus -Munoz, 16868 A Street, applicant, stated that Chevron would not agree to the closure of one of the driveways due to the need for delivery tankers to use both driveways for a safe maneuver and given the lack of other areas for safe turning movement. ZA Minutes 02/11/04 6 (04zm0211) Ms. Broeren engaged in discussions with the applicant concerning alternatives in an attempt to accommodate the Chevron trucks and closure of one of the driveways. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request and asked staff to modify suggested Finding for Approval No. 2 as follows: Because of special circumstances applicable to the subject property, including the size of the property and location of existing improvements on the site, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is approximately 17,020 square feet in size and is substandard in lot size based on the minimum required lot size of 20,000 square feet for service stations. Based on the substandard lot size, the property does not meet the minimum required width for landscape planters. The subject property is currently developed with a service station building and gas pump islands and canopies. The location of the gas pump islands does not allow for compliance with the minimum landscape planter widths along the street frontages based on their proximity to the southerly and westerly property lines. Ms. Broeren further asked staff to delete suggested Condition of Approval No. 1.f: VARIANCE NO. 03-17 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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 a facade renovation of an existing commercial structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - VARIANCE NO. 03-17: 1. The granting of Variance No. 03-17 to permit a landscape planter width of 3 ft. along the westerly property line and a landscape planter width of 8 ft. along the southerly property line, in lieu of the Code -required 10 ft., will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed variance will allow for an exterior remodel of an existing service station building while providing additional perimeter landscaping along the perimeter of the subject site. Similar approvals have been granted for exterior upgrades to ZA Minutes 02/11/04 7 (04zm0211) commercial properties with non -conforming landscaping based on the location of existing improvements on the site. 2. Because of special circumstances applicable to the subject property, including the size of the property and location of existing improvements on the site, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The site is approximately 17,020 square feet in size and is substandard in lot size based on the minimum required lot size of 20,000 square feet for service stations. Based on the substandard lot size, the property does not meet the minimum required width for landscape planters. The subject property is currently developed with a service station building and gas pump islands and canopies. The location of the gas pump islands does not allow for compliance with the minimum landscape planter widths along the street frontages based on their proximity to the southerly and westerly property lines. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The granting of the variance will allow the property owner the ability to make necessary exterior upgrades to the subject site in order to ensure that the property is comparable in design and function to similar properties in the general area. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The subject property is currently developed with a service station with no landscaping. The granting of the variance will enhance the property aesthetically by providing new landscape planters on the subject site and exterior upgrades to the existing service station. 0 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property by allowing exterior upgrades to an existing commercial building, which will be compatible with similar structures in the general vicinity of the site and will enhance the aesthetics of the property with the introduction of new landscape planters. CONDITIONS OF APPROVAL — VARIANCE NO. 03-17: 1. The site plan, floor plans, and elevations received and dated December 17, 2003 shall be the conceptually approved layout with the following modifications: a. The landscape planter located along the northerly property shall be increased to five feet in width in accordance with plans dated Jan 20, 2004 as amended by staff. b. The landscape planter located along the southerly property shall be increased to eight feet in width in accordance with plans dated Jan 20, 2004 as amended by staff. c. The landscape planter located along the westerly property shall be increased to three feet in width in accordance with plans dated Jan 20, 2004 as amended by staff. d. The stucco color of the gas pump canopies and support columns shall be "Havana" or a similar color as approved by the Planning Department. e. The northerly -most driveway approach located along the Beach Blvd. frontage shall be reduced in width to 30 feet and reconstructed in accordance with City Specifications. • ZA Minutes 02/11/04 8 (04=0211) CJ • • 2. Prior to issuance of building permits, the subject property shall enter into an irrevocable reciprocal driveway and parking easement(s) with adjacent commercial properties or provide a recorded copy of an existing agreement. If access is not currently possible to an adjacent property, an irrevocable offer for reciprocal driveway and parking access shall be recorded on the subject property. The location and width of the accessway 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 perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 3: CONDITIONAL USE PERMIT NO. 03-47NARIANCE NO. 03-22 (D'AMBRA OFFICE BUILDING) APPLICANT/ PROPERTY OWNER: Dennis D'Ambra, 7744 Westminster Boulevard, Westminster, CA 92648 REQUEST: CUP: To permit (a) the construction of a 3,750 sq. ft. office building within the CG (Commercial General) zone and (b) development of a parcel which has a substandard width of 85 ft. in lieu of the 100 ft. required by the Huntington Beach Zoning and Subdivision Ordinance. VAR: To permit development of the subject lot without perimeter landscape planters along 99 ft. of the southerly property line and 50 ft. of the westerly property line -in lieu of the Code -required three-foot planter width. LOCATION: 7752 Warner Avenue (southeast corner of Oak Street and Warner Avenue) PROJECT PLANNER: Paul Da Veiga ZA Minutes 02/11/04 9 (04=0211) Paul Da Veiga, 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 stated that the Design Review Board recommended approval to the Zoning Administrator. Mary Beth Broeren, Zoning Administrator, reviewed the plans with staff and a discussion ensued. THE PUBLIC HEARING WAS OPENED. Stefan Lanthier, 68 Chandon, Naguna Niguel, project engineer, questioned the necessity for the three-foot wide perimeter landscape planter as set forth in suggested Condition No. 1.b. Dennis D'Ambra, 7744 Westminster Boulevard, applicant, approached the plans, questioned the necessity for the three-foot wide perimeter landscape planter, and engaged in discussions with staff. Hossein Mazi, 7782 Warner Avenue, adjacent property owner, spoke in favor of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. 0 Ms. Broeren stated that she was going to approve the request and asked staff to modify the suggested findings and conditions of approval as follows: Suggested Findings for Approval for the Variance No 1 The granting of Variance No. 03-22 to permit development of the subject lot without perimeter landscape planters along 50 ft. of the westerly property line and a planter width of one foot a lot 99 feet of the southerly property line in lieu of the Code -required three-foot planter width will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The commercial properties located to the east of the subject site are rectangular in shape and are not under similar constraints as the subject property based on non -conforming lot width and irregular shape which limits the possibilities for compliance with the minimum requirements for perimeter landscape planters along the westerly property line. Suggested Condition of Approval No 1 b• b. A t"r�e-footone-foot wide, perimeter landscape planter shall be provided along the westerly -most 99 feet of the southerly property line in lieu of the one -foot planter at the base of the south fagade in accordance with the HBZSO. CONDITIONAL USE PERMIT NO. 03-47NARIANCE NO. 03-22 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ZA Minutes 02/11/04 10 (04=0211) 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 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-47: 1. Conditional Use Permit No. 03-47 for the (a) construction a 3,750 sq. ft. office building within the CG (Commercial General) zone and (b) development of a parcel with a substandard lot width of 85 ft. in lieu of the 100 ft. required by the Huntington Beach Zoning and Subdivision Ordinance 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 at the southeast corner of Oak Street and Warner Avenue and complies with all of the minimum setbacks in the Zoning Code. The building will be utilized for office uses which is consistent with the • other commercial properties in the general vicinity. 2. The conditional use permit will be compatible with surrounding uses because existing commercial buildings are located along Warner Avenue. The building siting and design are complementary to the surrounding properties and comply with the Urban Design Guidelines based on the building placement at the corner nearest to the intersection of Oak Street and Warner Avenue. • 3. The proposed Conditional Use Permit No. 03-47 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-F1 (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. ZA Minutes 02/11/04 11 (04zm0211) 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. The application allows for the establishment of a new 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. FINDINGS FOR APPROVAL - VARIANCE NO. 03-22: The granting of Variance No. 03-22 to permit development of the subject lot without perimeter landscape planters along 50 ft. of the westerly property line and a planter width of one foot a lot 99 feet of the southerly property line in lieu of the Code -required three-foot planter width will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The commercial properties located to the east of the subject site are rectangular in shape and are not under similar constraints as the subject property based on non -conforming lot width and irregular shape which limits the possibilities for compliance with the minimum requirements for perimeter landscape planters along the westerly property line. 2. Because of special circumstances applicable to the subject property, including the size and shape of the subject lot, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject lot is configured in an "L" shape and is substandard in width. The placement of a perimeter landscape planter along the rear 50 feet of westerly property line would significantly reduce the amount of parking at the southeast corner of the subject site and would require additional variance requests for drive -aisle width and parking space dimensions. The rear 50 feet of the westerly property is not in an area of high visibility and a decorative split face block wall is currently developed along the property line. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The proposed variance facilitates the logical development of the subject site while eliminating the need for additional variance requests. The variance will allow for development of a vacant site in a manner which is consistent with similar office developments in the CG (Commercial General) zoning classification. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The total area of landscaping is approximately 14 percent, which exceeds the minimum code requirement of eight percent. The variance is being granted based on the unique shape of the lot and substandard lot ZA Minutes 02/11/04 12 (04zm0211) width, which sets the subject site apart from other properties in the same zoning classification 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Commercial General on the subject property. In addition, it is consistent with the following goals the General Plan: a. LU10.1.12 —Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing usesand development. b. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-471VARIANCE NO. 03-22: 1. The site plan, floor plan, and building elevations received and dated December 10, 2003, shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to identify the minimum required parking space dimensions as required by Chapter 231 of the HBZSO. • b. A one -foot wide, perimeter landscape planter shall be provided along the westerly -most 99 feet of the southerly property line in lieu of the one -foot planter at the base of the south fagade, in accordance with the HBZSO. c. The minimum plantable width of landscape planters adjacent to Warner Avenue and Oak Street shall be 10 feet. d. The pedestrian walkways long the Warner Avenue frontage shall be minimized in width to allow for increased landscaping at the front of the subject building. e. The location where the Oak Street entry gate adjoins the subject building shall be identified on the southerly elevation. The tile accent feature shall be located in front of the entry gate accordingly within clear visibility of Oak Street. (DRB) INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ZA Minutes 02/11/04 13 (04zm0211) ITEM 4• TEMPORARY USE PERMIT NO 03-06 (HUNTINGTON SURF & SPORT OUTDOOR is SALES APPLICANT: Aaron Pai, 300 Pacific Coast Highway, Suite 104, Huntington Beach, CA 92648 PROPERTY OWNER: Theory R. Properties, Joe Daichend, 300 Pacific Coast Highway, Suite 119, Huntington Beach, CA 92648 REQUEST: To permit outdoor sidewalk sales on approximately forty-nine (49) days per year for a period of five (5) years from 2004-2008. LOCATION: 300 Pacific Coast Highway, Suite 104 (northeast corner of PCH and Main 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. Staff stated that the applicant was previously granted a five-year temporary use permit (TUP) for the same activity. Staff stated that the applicant is now requesting a new TUP utilizing the same days and conditions of approval as the prior TUP. Staff stated that the applicant has complied with the conditions of the previous TUP, and no Code Enforcement citations have been issued. Staff stated that one telephone call was received in opposition to downtown sidewalk sales. One telephone call was received requesting that the proposed project be limited to two years. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Aaron Pai, 300 Pacific Coast Highway, Suite 104, applicant, stated thanks to staff. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 03-06 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 153011 of the CEQA Guidelines, because the project consists of a minor temporary use of land having negligible or no permanent effects on the environment. • ZA Minutes 02/11/04 14 (04zm0211) FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 03-06: 1. The proposed temporary use will be located, operated and maintained in a manner consistent with the policies of the General Plan (Pedestrian Overlay District), Local Coastal Program and Downtown Specific Plan; and provisions of Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance, including the following policies: LU 15.2.2: Require that uses in the Pedestrian overlay district be sited and designed to enhance and stimulate pedestrian activity along the sidewalks. Assure that areas between building storefronts and public sidewalks are visually and physically accessible to pedestrians. LCP/DTSP: Main Street should be a lively, active commercial district at the street level. The first floor of developments along Main Street should be commercial, with open-air establishments encouraged. 2. Approval of the application for the proposed temporary use will not be detrimental to property or improvements in the surrounding area or to the public health, safety or general welfare. Proposed sales events will occur adjacent to the applicant's storefront and will be sited to prevent interference with use of the surrounding area. The temporary use permit is conditioned to ensure that adequate public, disabled, and emergency access will be maintained. • CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO. 03-06: 1. The site plan received and dated December 18, 2003 shall be the conceptually approved layout. 2. The use shall comply with the following: a. The temporary sales area shall be entirely confined to private property. Any encroachment into the public right-of-way shall be prohibited. b. The sales area shall be cordoned off along the property line on the west side and south side of the outdoor sales area (facing Main Street and Pacific Coast Highway, respectively) with a minimum 36" high barrier with intermittent openings every 10 to15 feet for customer access. c. Four -foot wide clearance shall be maintained around all sales displays. d. A ten -foot wide clear path of travel shall be maintained along the sidewalk. e. All required exits and access ways to the tenant space, as determined by the Building & Safety Department, shall be maintained clear and free of obstructions. The minimum required access width shall be 48 inches. Required pathways for patron and disabled access shall be maintained clear of obstructions. (BD) f. All overhead obstructions shall be a minimum of 80 inches above the walking surface. g. Sales to patrons in vehicles or in the public right-of-way shall be prohibited. 46 h. Line formations within the public right-of-way shall be prohibited. ZA Minutes 02/11/04 15 (04=0211) i. Sales events, including associated furniture, structures, patron lines, etc., shall not in any way interfere with access to any commercial establishment. Furniture pieces shall weigh less than 35 pounds each. k. All displays associated with sales events shall be maintained in an orderly condition. I. No signs shall be posted on the future art installation located within the outdoor sales area. m. The store manager shall be responsible for allowing no more than 5 customers to queue in line for the cash register. 3. After initial warnings, the Code Enforcement Division reserves the right to cease operation of the temporary outdoor sales in the event that the use is in violation of the conditions of approval of Temporary Use Permit 03-06. 4. Prior (10 days minimum) to commencement of the use each year, a schedule (dates) for temporary sidewalk sales events to occur in that year (not to exceed 49 days), shall be submitted to the Planning Department. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof ITEM 5: CONDITIONAL USE PERMIT NO. 03-53 (KERR ADDITION) APPLICANT: Carlos Valenzuela, Jr., 500 Old Newport Beach Blvd., Ste 204, Newport Beach, CA 92663 PROPERTY OWNER: Barbara Kerr, 2949 Brea Boulevard, Brea, CA 92821 REQUEST: To construct a 21'-0" tall, 582 sq. ft. second story addition to a single-family dwelling matching an existing non -conforming 4-ft. side yard setback along the northerly property line in lieu of the minimum code required 5-ft. side yard setback. LOCATION: 520 15`h Street (east side of 151h Street, south of Acacia Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, 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. • ZA Minutes 02/11/04 16 (04zm0211) Staff stated that one inquiry into the nature of the project was received from a neighboring property owner, who had no concerns with the proposed project, but was concerned that the property would be used as a rental. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-53 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 an addition to an existing residential duplex. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-53: 1. Conditional Use Permit No. 03-53 for the construction of a 582 sq. ft. second story addition to a single-family dwelling with a height of 21'-0", matching an existing non -conforming 4-ft. side yard setback along the northerly property line in lieu of the minimum code required 5- ft. side yard setback will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The addition is proposed at a non -conforming setback that consists entirely of a walk-in closet and bathroom, which minimally impacts privacy at adjoining property in that the only window proposed is an obscured bathroom window intended for providing light. The proposed project will increase the value of the subject property and properties in the vicinity. 2. The conditional use permit will be compatible with surrounding uses. The project consists of a second floor addition to a residential duplex in residential neighborhood developed with comparable one and two story dwellings. The proposed four -foot side yard setbacks match or exceeds the setback of several properties in the vicinity. 3. The proposed Conditional Use Permit No. 03-53 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 addition complies with applicable development standards, excepting the proposed side yard setback, which matches the existing side yard setback. The HBZSO authorizes additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks. 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 RMH (Medium High Density ZA Minutes 02/11/04 17 (04zm0211) Residential) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. L.U. 9.2.1: Require that all new residential developments within existing residential neighborhoods be compatible with existing structures. Conditional Use Permit No. 03-53 accounts for the subject property's existing non- conforming side yard setback by allowing the proposed expansion to be constructed at a matching setback; thus minimizing construction costs while allowing for a more aesthetically pleasing design. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-53: 1. The site plan, floor plans, and elevations received and dated December 30, 2003 shall be the conceptually approved layout. 2. Prior to Submittal for Building Permits, the following shall be completed: a. An application for a lot line adjustment to merge the parcels into one shall be submitted to the Planning Department. Said Application shall be approved by the City and recorded with the County of Orange prior to approval of Final Building Permits. 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. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. THE MEETING WAS ADJOURNED AT 2:53 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 18, 2004 AT 1:30 PM. Mary beth Br eren Zoning Administrator : rmk ZA Minutes 02/11/04 18 (04=0211)