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HomeMy WebLinkAbout2004-04-14• U 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 14, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: March 10, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-35 (TARGET DEMOLITION AND REBUILD — CONTINUED FROM THE MARCH 31, 2004 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: John Warren, 2151 Salvio Street, Suite 250, Concord, CA 94520 PROPERTY OWNER: Target Corporation, 1000 Nicollet Mall, Minneapolis, MN 5540 REQUEST: MND: to analyze the potential environmental impacts associated with the implementation of the proposed project; CUP. to permit the demolition of a 103,458 sq. ft. retail building and construction of a new 123,800 sq. ft. Target department store with an 8,100 sq. ft. attached garden center. The request includes a complete redesign of the parking area layout with installation of new perimeter and interior landscaping and pedestrian walkways throughout the parking area. LOCATION: 9882 Adams Avenue (southwest corner of Brookhurst Street and Adams Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff stated that the request was continued from the March 31, 2004 meeting to allow the applicant time to address concerns raised at the previous meeting. Staff stated that alternate suggested findings and condition of approval have been prepared and given to the applicant. Staff stated that the applicant is prepared to present revised project plans. Staff recommended denial of the request based upon the suggested findings as outlined in • staff's executive summary. Mary Beth Broeren, Zoning Administrator, stated that although the public hearing was closed at the March 31, 2004, meeting, the public hearing would be re -opened based upon the fact that the applicant has additional information. THE PUBLIC HEARING WAS RE -OPENED. John Warren, 2151 Salvio Street, Suite 250, Concord, CA, applicant, displayed revised exhibits of the proposed project that addressed the concerns from the previous meeting as follows: • Enclosure of the loading dock. • Enclosure of the garden center with solid walls. • Redistribution of compact parking spaces. • Three-foot dedication along the Adams Avenue frontage. Kevin Albaugh, MBH Architects, 1115 Atlantic Avenue, Alameda, CA, architect, approached and presented a detailed review of revised architectural elevations, samples of materials depicting colors, textures, and contrasts. Mr. Albaugh stated that their intent is to satisfy a more contemporary design. He also stated that the solid wall located at the backside of the garden center would serve to mitigate the noise level. Bob Copeland, 9812 Rainier Circle, neighboring property owner to the west of the proposed Ob project, voiced concerns related to noise generated by employees in the parking lot. Mr. Copeland suggested that the employee parking lot be gated and that speed bumps be installed. He further requested that no deciduous trees be planted along the block walls and stated a request for Queen Palm trees. Francis Arciaga, Jr., 9881 Kings Canyon Drive, neighboring property owner, voiced concerns related to noise from the garden shop including telephones and pagers, trucks idling, lights at nighttime, and noise during the Christmas season when trees are sawed. Mr. Arciaga complained that recently a Target truck was idling at 11:00 p.m. He suggested that the garden center be placed away from residential. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and the applicant engaged in a discussion concerning the proposed acoustic material to minimize noise in the loading area. Ms. Broeren confirmed with the applicant that acoustic material will be used on the inside of the walls and adjacent the loading dock. Ms. Broeren confirmed with the applicant their understanding that there is no specific art element yet proposed. Discussion ensued concerning items subject to review by staff and the Design Review Board (DRB). Ms. Broeren confirmed with the applicant that the use of aluminum and high performance paint • on the outside of the structure would not be a maintenance issue. ZA Minutes 04/14/04 2 (04zm0414) • Detailed discussions ensued concerning the proposed elevations; the narrowing of landscaping; the three-foot dedication along Adams Avenue; re -location of compact parking spaces; drive aisles; and retention of the current number of parking spaces. Ms. Broeren stated that she has reviewed staff's alternate suggested findings and conditions of approval. She stated that the applicant has incorporated significant changes into the revised project plans, and stated appreciation for the changes in response to the concerns voiced by members of the community during the previous meeting. A copy of staff's suggested alternate findings and conditions of approval was given to members of the audience. A detailed review and discussion of each item took place with the applicant, and modifications were incorporated. Ms. Broeren stated that she was going to approve the request based upon staff's alternate findings and conditions of approval and as discussed above. CONDITIONAL USE PERMIT NO. 03-35 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 APPROVAL - CONDITIONAL USE PERMIT NO. 03-35: 1. Conditional Use Permit No. 03-35 to permit the demolition of a 103,458 sq. ft. retail building and construction of a new 123,800 sq. ft. Target department store with an 8,100 sq. ft. attached garden center 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 project meets or exceeds all Huntington Beach Zoning and Subdivision Ordinance standards. The proposed architecture, colors, and materials are consistent with the Urban Design Guidelines through the use of varied quality building materials such as stone veneer, stucco, and concrete tile roof. The design incorporates multiple plane roof lines and a substantial amount of massing in the design to eliminate the "big -box" appearance of the subject building. Based upon the conditions imposed, the 8,100 square foot garden center will be designed with a solid wall running along its entire length, which will reduce potential noise impacts from garden center activities to adjacent properties. In addition, the loading and unloading area will be designed to minimize potential impacts to adjacent residences. With the implementation of MND No. 03-02 mitigation measures, conditions of approval, and design modifications, the potential impacts of the project have been mitigated to a level of insignificance. 2. The conditional use permit will be compatible with surrounding uses which consist of commercial uses to the north and east, and single-family residences to the south and to the west of the subject site. A noise study was conducted on the subject site and recommended mitigation measures have been incorporated into the conditions of approval. The garden center will be equipped with a solid block wall along its entire length to mitigate any potential noise impacts to nearby residents. The operation of the garden center will be regulated through the conditions of approval and shall not contain any amplified ZA Minutes 04/14/04 3 (04zm0414) loudspeakers, which would disrupt adjacent residents. Hours of operation for loading and unloading of product have been regulated in the conditions of approval to allow deliveries 0 during daytime hours only. The proposed truck loading will be constructed with sound attenuating material such as solid walls, roof, rubber seals, and sound absorbing material to reduce noise impacts to adjacent residents. In addition, loitering by employees or patrons shall not be allowed behind the subject building and signs shall be posted which prohibit loitering activity. 3. The proposed Conditional Use Permit No. 03-35 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 granting of the conditional use permit will not adversely affect the General Plan The project is consistent with the Land Use Element designation of CG-F1 (General Commercial — FAR 0.35) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: A. Land Use Element Goal LU 1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. Goal LU 2: Ensure that development is adequately served by transportation, infrastructure, utility infrastructure, and public services adequately serve development. Goal LU 4: Achieve and maintain high quality architecture, landscape, and public open spaces in the City. Policy LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. Policy LU 10. 1.5: Require that buildings, parking, and vehicular access be sited and designed to prevent adverse impacts on adjacent residential neighborhoods. Policy LU 10.1.6: Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character, and operational hazards. Policy 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; • Linkage of buildings by common architectural design, landscape and pedestrian systems, to avoid the appearance of independent freestanding structures surrounded by parking; • Siting and design of structures to facilitate and encourage pedestrian activity; 0 ZA Minutes 04/14/04 4 (04zm0414) • • Siting of one or more buildings in proximity to the street frontage to convey a visual relationship to the street and sidewalks; • Architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations; and • Inclusion of consistent signage designed and integrated into the building's architectural character. Goal LU 11: Achieve the development of projects that enable residents to live in proximity to their jobs, commercial services, and entertainment, and reduce the need for automobile use. Policy LU 7.1.6: Accommodate the development of additional jobs -generating land uses that improve the 1992 jobs -to -housing ratio of 0.82 to 1.0 or greater; to meet objectives of the Regional Comprehensive Plan (Southern California Association of Governments) and Air Quality Management Plan. These should capitalize upon existing industrial strengths emphasizing the clustering of similar or complementary industries. The proposed Target store would support the needs and reflect market demand of City residents and visitors. The proposed development improves the project site through the addition of landscape planters along the perimeter of the site and throughout the parking area. In addition, the proposed project would help the City to achieve its goal of enhancing the community image of Huntington Beach through the design and construction of a high - quality, state-of-the-art development; impacts to the surrounding area are mitigated to the greatest extent possible, while still allowing for the market -driven commercial development. The design of the project promotes development of commercial buildings that convey a unified, high -quality visual image and character. The City's Design Review Board has reviewed the proposed architecture, colors, and materials and recommends preliminary approval of the design concept with minor modifications. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. With the recommended conditions of approval, the design of the project meets the objectives of the Urban Design Element through the use of massing elements and architectural detailing on all elevations, in conjunction with a varied roof line in order to eliminate the appearance of an overall "big -box" design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split -face block, and other similar materials is incorporated to accent prominent portions of the building fagades. B. Economic Development Element Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents and businesses through employment and local fiscal stability. Goal ED 2: Aggressively retain and enhance the existing commercial, industrial, and visitor -serving uses while attracting new uses to Huntington Beach. ZA Minutes 04/14/04 5 (04zm0414) Goal ED 3: Enhance Huntington Beach's economic development potential through • strategic land use planning and sound urban design practices. The proposed project promotes development in accordance with Huntington Beach's Economic Development Element. The proposed project expands upon an already successful retail commercial development that, with the additional floor area proposed, will broaden and stabilize the City's economic base. New employment opportunities will be created both in the construction of the proposed development and in the long-term operations of the retail establishment. C. Circulation Element Goal CE 1: Provide a balanced transportation system that supports the policies of the General Plan and facilitates the safe and efficient movement of people and goods throughout the City while providing a balance between economic development and the preservation of residential neighborhoods, and minimizing environmental impacts. Goal CE 2: Provide a circulation system which supports existing, approved, and planned land uses throughout the City while maintaining a desired level of service on all streets and at all intersections. Policy CE 2.1.1: Maintain a city-wide level of service (LOS) not to exceed LOS "D" for intersections during the peak hours. Policy CE 2.1.2: Maintain a city-wide level of service (LOS) not to exceed LOS "C" for daily is traffic, with the exception of Pacific Coast Highway south of Brookhurst Street. Policy CE 2.1.3: Identify and improve roadways and intersections that are approaching, or have reached, unacceptable levels of service. Goal CE 5: Provide sufficient, well -designed, and convenient on- and off-street parking facilities throughout the City. Goal CE 7: Maintain and enhance the visual quality and scenic views along designated corridors. A traffic impact analysis has been completed by a traffic engineering firm to ensure a balanced transportation system that adequately mitigates the project's potential traffic impacts while still allowing for commercial development to be achieved. The developer will be required to contribute a fair -share payment toward traffic system improvements to mitigate the project's proportionate impacts to certain intersections and roadways. Through the recommended conditions of approval, the project will be required to provide a much - needed traffic signal at one of the most dangerous intersections in the City. The well - designed parking facilities include compact spaces distributed throughout the site, access between existing parcels without re-entering the public street system, reciprocal driveways between uses, parking lot landscape planters, and perimeter landscaping to enhance the view of the parking area from the surrounding street system. C: ZA Minutes 04/14/04 6 (04zm0414) 0 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-35: 1. The site plan, floor plans and elevations received and dated March 18, 2004 shall be the conceptually approved layout with the following modifications: a. The loading dock enclosure shall be constructed with sound absorbing material designed to minimize noise impacts associated with loading and unloading activities. Truck loading and maneuvering shall be designed to provide the greatest separation possible from the adjacent residential properties. The architecture colors and materials of the enclosure shall be consistent with the overall building architecture. b. The architecture colors and materials of the garden center shall be consistent with the overall building architecture. c. The design, colors, and materials for the subject building shall be reviewed by the Design Review Board (DRB) following approval by the Zoning Administrator. 1) Elevations shall be revised to incorporate multiple roof planes and/or a variety of roof slopes to reduce the overall mass and bulk of the building and comply with the Urban Design Guidelines. 2) The overall architectural theme shall reflect a contemporary architectural design • consistent with the design concept identified on elevation dated April 14, 2004. Several massing elements, in various volumes, shall be incorporated into the design. Varied use of earth tone colors and quality exterior materials such as stone veneer, split -face block, or other similar material shall be incorporated to accent prominent portions of the building fagades. 3) The design of the garden center shall incorporate an enhanced entry design which shall have the appearance of a secondary strorefront. The design of the garden center shall include similar architectural design as the overall building. 4) A public art element shall be integrated and be in a location that is visible to the public within the project site. Public art shall incorporate the following: i) Artistic excellence and innovation ii) Appropriate to the design of the project iii) Indicative of the community's cultural identity (ecology, history, society) The Design Review Board's recommended public art element shall be reviewed and approved by the Planning Director, prior to issuance of a building permit for the project. The public art shall be in place at the subject site prior to final building inspection. d. The cart corrals shall be constructed with a durable material such as concrete block. The design of the cart corrals shall be consistent with Sheet 6 of the conceptual plans is consistent March 18, 2004. The colors and materials used on the cart corrals shall be consistent with the subject building. ZA Minutes 04/14/04 7 (04zm0414) e. All non -conforming signs shall be eliminated from the subject site, including the one • pylon sign along the Adams Avenue frontage and a second pylon sign along the Brookhurst Street frontage. A planned sign program for all signage on the subject property and outlying commercial pads shall be submitted to the Planning Department. Said program shall be approved prior to the first sign permit request. f. Prior to submittal for building permits. The applicant shall submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval, and inclusion in the entitlement file to the Planning Department and submit 8.5 inch by 10 inch colored elevations, materials board, and renderings to the Planning Department for inclusion in the entitlement file. g. All parking that is proposed behind the store, within the access gates, shall be designated as employee -only parking. h. A minimum of two speed bumps shall be provided behind the building, subject to review and approval by the Fire Department. i. All perimeter trees located directly adjacent to residential properties shall be of a species that is non -deciduous and results in minimal impacts in maintenance and upkeep to adjacent properties. 2. Prior to issuance of a grading permit, the following shall be completed: 0 a. The site plan received and dated April 14, 2003 shall be the approved layout except for the following: (PW) i) The driveway on the south side of the property along Brookhurst Street shall be widened to a minimum of 36-feet in width, to allow for two egress lanes. ii) A minimum 10-foot sight triangle must be provided at all points on the site, including the building corners. Areas of concern include the northwest corner (at the loading dock) and northeast corner of the building. The sidewalk must also be extended a minimum of four feet west of the building corner. iii) A truck -tracking exhibit, utilizing a WB-50 design vehicle, must be provided to demonstrate that delivery trucks can be accommodated. This truck tracking exhibit must illustrate a truck entering the site, accessing the loading docks and egressing the site. It must be demonstrated that the truck movements will not encroach into opposite directions of roadway traffic nor impact the parking spaces shown. b. A traffic signal shall be constructed at the main driveway entrance on Adams Avenue. This traffic signal shall include the installation of interconnect conduit and cable to the traffic signal controller cabinet at the intersection of Brookhurst Street and Adams Avenue. A traffic signal and maintenance easement shall be provided in the driveway area. The appropriate curb ramp and signing & striping modifications shall be made to accommodate the traffic signal installation. (PW) c. The applicant shall provide the legal description(s), plat(s), and supporting documents necessary for the City to quitclaim any abandoned portions of the existing water line easement dedicated to the City of Huntington Beach. (PW) ZA Minutes 04/14/04 8 (04=0414) • 3. Prior to issuance of building permits, the following shall be completed: a. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office, and returned to the Planning Department for inclusion in the entitlement file. Conditions of approval shall remain in effect in the recorded form in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. b. The public art element shall be approved by the Design Review Board. 4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released for commencement of use and issuance of a Certificate of Occupancy until compliance with all conditions of approval specified herein are accomplished and verified by the Planning Department. 5. The use shall comply with the following: a. Delivery hours for vendor truck deliveries, Target product delivery, and trash pickup shall be limited to Monday through Friday between the hours of 7:00 AM to 7:00 PM. All delivery vehicles, including Target trucks and outside vendors that cannot be accommodated with a typical 9 foot wide by 19 foot deep parking stall shall utilize the enclosed delivery bays for all loading and unloading activities. All other delivery is vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited behind the subject building, other than the designated loading and unloading bays. b. Delivery trucks shall not leave engines idling while delivering merchandise to the Target store. Trucks shall turn-off engines once they reach the loading dock. c. There shall be no loudspeakers or other amplified devices within the garden center, at any time. d. Rubber noise seals shall be provided around the opening to the building at the location of the loading dock. e. The trash compactor shall not be operated before 8:00 AM and after 7:00 PM. All doors along the southerly and westerly facades of the building shall remain closed at all times. g. The access gates to the rear of the building shall remain closed during times in which the store is closed to the public. h. Parking lot lights shall be automatically dimmed to minimal security level lighting one ® hour after closing. ZA Minutes 04/14/04 9 (04=0414) i. The Target Department Store shall be designated as a single user with a maximum of 10 percent of the gross building floor area devoted to an ancillary retail/restaurant • tenant. j. Any re -use of the site or request for future demising walls to allow for a new use within the subject building shall require approval of a conditional use permit by the Planning Department. k. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a Temporary Use Permit be granted for the area between the subject building and the southerly or westerly property lines. I. There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment, or trailers. There shall be no outside storage of palettes or other product at any time without the required permits. m. There shall be no loitering by patrons or employees within the parking areas located at the rear of the subject building. Signs shall be posted to indicate that no loitering in all parking areas located behind the subject building. Store managers shall be responsible for regulating all activity occurring at the rear of the subject building at all times. n. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign identifying the store contact and telephone number shall be permanently posted on -site. o. All Mitigation Measures of Mitigated Negative Declaration No. 03-02 shall be adhered to. 6. 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. 7. 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. 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 • ZA Minutes 04/14/04 10 (04zm0414) 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: CONDITIONAL USE PERMIT NO. 04-06 (TAE KWON DO STUDIO) APPLICANT: Bong Jo Gu, 9946 Hamilton Avenue, Huntington Beach, CA 92646 PROPERTY OWNER: Old West Center, LLC, c/o RHE Investments, Inc, 5505 Garden Grove Blvd., Ste 150, Westminster, CA 92683 REQUEST: To establish, maintain, and operate a 2,636 sq. ft. tae kwon do studio within an existing commercial suite. LOCATION: 5914 Warner Avenue (southwest corner of Warner Avenue and Springdale 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 staff's executive summary. Staff stated that parking would not be impacted because the previous use of the subject site was retail. . Staff stated that one telephone call was received from a neighboring property owner with questions in general and no specific concerns. No other written or verbal comments were received in response to the public notification. CJ THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, stated concern for the significant existing parking problems at the subject location. Ms. Broeren asked staff to modify the suggested conditions of approval as follows: 2. The maximum number of persons per class shall not exceed the number of parkin spaces allocated to the unit. Based on the square footage of the unit designated for the personal enrichment use (2,636.83 square feet) the number of parking spaces allocated is fourteen (14) based on prior retail use: therefore. the maximum class size shall not exceed fourteen (14) participants. Ms. Broeren urged the applicant to be consistent with the aforementioned suggested condition of approval by limiting the number of students to fourteen. ZA Minutes 04/14/04 11 (04zm0414) Miles Anderson, 21582 Polynesia Lane, stated that he is a student at the subject facility and was present to help the proprietor of the proposed project. Mr. Anderson stated that the is students are primarily youths, which should mitigate any parking problems. Ms. Broeren also asked staff to modify suggested Finding No. 3 as follows: 3. The proposed Conditional Use Permit No. 04-06 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 speG;..;-- G-endition Fequired for the proposed use in the diStriGt on whiGh it would be IGGated. CONDITIONAL USE PERMIT NO. 04-06 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 change of operation within an existing commercial structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-06: 1. Conditional Use Permit No. 04-06 for the establishment, maintenance and operation of a personal enrichment use consisting of a 2,636 sq. ft. tae kwon do studio within an existing 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 fitness studio will be located within an established commercial shopping center consisting of retail, restaurant, and office uses. The proposed use will not generate any additional noise or impact traffic within the vicinity. 2. The conditional use permit will be compatible with surrounding uses because the proposed tae kwon do studio is similar to other health/sports clubs located within the same zoning classification. 3. The proposed Conditional Use Permit No. 04-06 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. 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) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan and Local Coastal Program: 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 ZA Minutes 04/14/04 12 (04zm0414) • needs of local residents, serve the surrounding region, 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 tae kwon do studio will market its services to local residents in the surrounding region thereby expanding the service -based commercial opportunities in the City. It will be located in an existing commercial shopping center, which includes existing service -related uses. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 04-06: 1. The site plan, floor plans, and elevations received and dated March 5, 2004 shall be the conceptually approved layout. 2. The maximum number of persons per class shall not exceed the number of parking spaces allocated to the unit. Based on the square footage of the unit designated for the personal enrichment use (2,636.83 square feet) the number of parking spaces allocated is fourteen (14) based on prior retail use; therefore, the maximum class size shall not exceed fourteen (14) participants. 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 04/14/04 13 (04zm0414) ITEM 3: CONDITIONAL USE PERMIT NO. 03-64 (NEXTEL WIRELESS APPLICANT: Tetra Tech Communications, Brian Stotelmeyer, 310 Commerce, Irvine, CA 92602 PROPERTY OWNER: Southern California Edison, Scott Haney, 2131 Walnut Grove Avenue, Rosemead, CA 91770 REQUEST: To install a wireless communication facility consisting of 12 antennas attached to an existing Southern California Edison Tower. The proposal also includes a 230 sq. ft. equipment enclosure at a height of 10'-6" constructed at grade under the tower. LOCATION: 8611 Edison Avenue (north side of Edison Avenue, east of Newland Street at the SCE right-of-way) 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 staff's executive summary. Staff stated that the Design Review Board recommended approval to the Zoning Administrator with modifications as outlined in the suggested conditions of approval. Staff stated that the Public Safety Division (PSD) of Information Systems expressed concern that the proposed project would cause interference with the City's emergency communication system. Staff stated that the applicant and PSD agreed and that installing filters on the existing sites would diminish the interference. Staff further stated that the PSD suggested a condition granting PSD the right to test the facility for proper maintenance and to ensure avoidance with interference with the City's communications systems. Staff recommended modification to the suggested conditions of approval to include: 3. The Information Services Department reserves the right to test the facility to ensure compliance with the Huntington Beach Zoning and Subdivision Ordinance. THE PUBLIC HEARING WAS OPENED. Brian Stotelmeyer, Tetra Tech Communications, 310 Commerce, Irvine, CA, applicant, stated that they have read and concur with staff's executive summary. Mr. Stotelmeyer stated that it is their understanding that PSD will be testing the subject site for frequency disruption. Ms. Broeren confirmed with staff that the subject site would not be accessed for testing but that the testing would be conducted on a drive -by basis. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 03-64 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF ZA Minutes 04/14/04 14 (04zm0414) • C. 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 the installation of a small new facility and structure and associated equipment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-64: Conditional Use Permit No. 03-64 to install a wireless communications facility, consisting of 12 antennae arrays attached to an existing Southern California Edison tower at a height of 50 ft. and a 10 ft.-6 in. tall, 230 sq. ft. equipment enclosure located at grade, below the tower, 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 facility will not generate noise, traffic, demand for additional parking or other impacts detrimental to surrounding property. 2. The conditional use permit will be compatible with surrounding uses because the proposed facility will be located on and adjacent to existing Southern California Edison transmission towers, on an existing SCE right-of-way. The design of the facility, which features antennas painted to match the tower to which it is attached, and an equipment shelter constructed of decorative materials, will ensure the compatibility of the proposed facility with surrounding industrial uses. 3. The proposed Conditional Use Permit No. 03-63 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 the provisions of HBZSO Section 230.94 — Wireless Communications Facilities. 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 I-F2-d (Industrial — 0.50 FAR — Design Overlay) on the subject property, pursuant to the provisions of the Huntington Beach Zoning and Subdivision Ordinance Section 230.96, which serves to implement the General Plan. In addition, it is consistent with the following goals and policies of the General Plan: L.U. 2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure and public services. U.D. 2.2: Minimize the visual impacts of oil production facilities and other utilities where they encroach upon view corridors or are visually incompatible with their surrounding uses. U. 5.1: Ensure that adequate natural gas, telecommunications and electrical systems are provided. U. 5.1.1: Continue to work with service providers to maintain current levels of service and ® facilitate improved levels of service. ZA Minutes 04/14/04 15 (04=0414) The proposed facility will enhance wireless communications in the community by improving is transmission and reception in the project vicinity. In addition, the proposed co -location of antennas with an existing transmission tower, and the use of decorative materials screen equipment cabinets, will minimize the project's visual impacts. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-64: 1. The site plan, floor plans, and elevations received and dated March 4, 2004 shall be the conceptually approved layout with the following modifications: a. The proposed equipment shelter shall be finished with the split face block veneer subject to compliance with all Building and Safety Department and Fire Department requirements. If the split face block veneer does not comply with said requirements the equipment shelter shall be constructed of standard split face block. b. The split face block veneer shall have a slight variation in the color to mimic the appearance of a real split face block wall. c. The equipment shelter service door shall be relocated to an elevation facing away from the street. d. The pitch of the roof shall be designed so that the roof will drain away from the street and away from the elevation containing the service door. e. The applicant shall use green tiles to accentuate the equipment shelter design. f. The security fencing around the lease area of the wireless communication facility shall be removed. . g. Elevations shall depict colors and building materials approved by the Design Review Board on March 11, 2004 and maintained in case file DRB No. 03-61. 2. Prior to submittal for building permits, submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. 3. The Information Services Department reserves the right to test the facility to ensure compliance with the Huntington Beach Zoning and Subdivision Ordinance. 4. A review of the use shall be conducted by the Staff within thirty (30) days of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. At that time Staff may consider modifications to the conditions of approval. 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 40 ZA Minutes 04/14/04 16 (04zm0414) 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 4: COASTAL DEVELOPMENT PERMIT NO. 03-23 (FERGUSON ROOM ADDITION APPLICANT: RVM Construction, 1200 N. Jefferson Street, Suite J, Anaheim, CA 92807 PROPERTY OWNER: Craig and Diane Ferguson, 16902 Baruna Lane, Huntington Beach, CA 92649 REQUEST: To construct first and second floor additions (with an overall height of 22 ft.) totaling 548 sq. ft. and a 221 sq. ft. garage addition to a single-family dwelling. LOCATION: 16902 Baruna Lane (east side of Baruna Lane at Finisterre Drive) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. • Staff stated that approval of the proposed project has been received from the homeowner's association. No other written or verbal comments were received in response to the public notification. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that compliance with suggested Condition of Approval No. 1 appears feasible, and would remain applicable should the applicant wish to install a paved walk way in the front yard. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 03-23 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) 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. ZA Minutes 04/14/04 17 (04zm0414) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-23: r 1. Coastal Dev elopment ment Permit No. 03-23 to construct first and second floor additions (with an overall height of 22 ft.) totaling 548 sq. ft. and a 221 sq. ft. garage addition to a single- family dwelling, 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 A -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 previously developed site, contiguous to existing residential development. 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, maximum lot coverage and 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. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-23: 1. The site plan, floor plans and elevations received and dated March 25, 2004 shall be the conceptually approved layout with the following modification(s): Landscaped areas within the required front yard setback shall be identified and dimensioned on the site plan. A minimum of 40% of the required front yard setback shall be landscaped. 2. 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. 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. El ZA Minutes 04/14/04 18 (04zm0414) 0 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 03-23 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. 03-23 shall become null and void unless exercised within one year of the date of final approval which is April 14, 2005 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. 03-23, pursuant to a public hearing for revocation, if any violation of the conditions of approval, 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. 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. ® 6. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 21, 2004 AT 1:30 PM. Ma Bet Broeren Zoning Administrator :rmk ZA Minutes 04/14/04 19 (04zm0414)