HomeMy WebLinkAbout2004-06-02MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JUNE 2, 2004 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Paul Da Veiga, Ron Santos, Ramona Kohlmann
(recording secretary)
MINUTES: NONE
ORAL COMMUNICATION: NONE
ITEM 1: TENTATIVE TRACT MAP NO. 16675/CONDITIONAL USE PERMIT NO. 04-05
(HARBINGER HOMES - EIGHT UNIT CONDOMINIUM)
APPLICANT: Kerry Smith, Harbinger Homes, Inc., 2728 17t" Street, Huntington
Beach, CA 92648
PROPERTY OWNER: Daniel G. Contreras, 23842 Conestoga Avenue, Murrieta, CA
92562-5200
REQUEST: TTM: to merge two parcels into one for condominium purposes.
CUP: to (a) construct eight condominium dwelling units; and (b)
construct a six-ft. tall fence at a 10 ft. front yard setback in lieu of
a 15 ft. minimum setback.
LOCATION: 19042, 19052 Delaware Street (southwest west corner of
Delaware Street and Garfield Avenue)
PROJECT PLANNER: Ron Santos
Ron Santos, Staff Planner, displayed project plans and photographs and stated the purpose,
location, zoning, and existing uses of the requested project. Staff presented a review of the
proposed project and the suggested findings and conditions of approval as outlined in the
executive summary.
Staff recommended approval of the request based upon the suggested findings and subject to
the suggested conditions as outlined in the executive summary. Staff stated that two
telephone calls were received with no opposition to the proposed project.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the applicant is prepared to
submit documentation designating one of the proposed units as affordable housing. Staff also
advised that the applicant will submit an affordable housing plan for review and approval.
C]
Discussion ensued concerning the proposed grading and retaining walls. •
THE PUBLIC HEARING WAS OPENED.
Dolores Contreras Austin, 4 Arlington, Irvine, CA 92620, requested to review the project plans.
Kerry Smith, Harbinger Homes, Inc., 2728 17t" Street, applicant, expressed thanks for staff's
efforts and patience. Mr. Smith requested that suggested conditions of approval nos. 1 and 2
be modified and presented revised plans thereof.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Discussion ensued concerning Mr. Smith's request for modifications and Ms. Broeren asked
staff to modify the suggested conditions of approval nos. 1 and 2 as follows:
1_A raised pedestrian sidewalk (four -foot minimum width) shall be provided along eac#the
north side of the driveway entrance, between the public sidewalk and the driveway leading
to the garage at unit number 1. An additional sidewalk may be
constructed along the south side of the driveway, between the public sidewalk and the
driveway leading to the garage at unit number 4.
2. The ' entry driveway shall
have textured and colored pavement for a depth of 19 foot. the full depth of the "throat"
(i.e., between the public sidewalk and the driveways leading to the garages at units
numbered 1 and 8 - approximately 25 linear feet). In addition the drive aisle shall have
textured and colored pavement for the full width at the segment of drive aisle between the
easterly edge of the driveways leading to the garages at units numbered 2 and 7 and the
westerly edge of the driveways leading to units numbered 3 and 6.
CONDITIONAL USE PERMIT NO. 04-05 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF
APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE
ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN
TEN (10) CALENDAR DAYS.
FINDINGS FOR PROJECTS EXEMPT FROM 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, based on the following:
a. The project is consistent with the applicable general plan designation and all applicable
general plan policies as well as with the applicable zoning designation and regulations.
b. The proposed development occurs within City limits on a project site of no more than five
acres substantially surrounded by urban uses.
c. The project site has no value as habitat for endangered, rare or threatened species. •
ZA Minutes 06/02/04 2 (04zm0602)
d. Approval of the project would not result in any significant effects relating to traffic, noise, air
0 quality, or water quantity.
e. The site can be served by all required utilities and public services.
FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 16675:
Tentative Tract Map No. 16675 to merge two parcels into one 26,598 sq. ft. parcel for
condominium purposes is consistent with the General Plan Land Use Element designation
of RM-15 (Residential Medium -Density —15 units/acre) on the subject property and
applicable provisions of the Huntington Beach Zoning & Subdivision Ordinance. The RM-
15 General Plan designation and RM zoning designation provide for residential
development at a maximum density of 15 units per acre. The proposed subdivision will
provide for multi -family residential (townhouse) development at a density of 13.1 units per
acre.
2. The site is physically suitable for the type and density of development. The 0.61 acre
subject property can accommodate the proposed one lot subdivision and eight unit
residential development project in conformance with applicable land use and development
standards including minimum lot size and lot width, and maximum development density.
The project site was previously developed, has no significant topographic features,
contains no rock outcroppings, wetlands, environmental hazards or other constraints, is
accessible from an existing public street, and is surrounded by compatible residential land
uses.
3. The design of the subdivision and the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The project site was previously developed, is not environmentally
sensitive, contains no fish or wildlife habitat, and is not located within an earthquake fault
zone, flood zone, hazardous waste site or other known environmental hazard area.
Proposed improvements will be constructed in accordance with applicable City building
codes and engineering standards, including requirements for submittal of a hydrological
study, a water quality management plan, a detailed soils analysis and an erosion control
plan. In addition, the project is subject to the requirements of the Air Quality Management
District, and HBZSO requirements for the replacement of all mature trees to be removed on
a two for one basis.
4. The design of the subdivision and the proposed improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision unless alternative easements, for access or for use, will be
provided. No public easements for access through or use of the property exist and none
are necessary.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-05:
1. Conditional Use Permit No. 04-05 to (a) construct eight two-story condominium dwelling
units with attached garages; (b) construct approximately 50 linear feet of six-foot tall
masonry wall at a 10-foot setback from the front property line in lieu of a 15-foot minimum
setback; and (c) allow terraced development on a lot with an existing grade differential
exceeding three feet between the high point and the low point will not be detrimental to the
ZA Minutes 06/02/04 3 (04zm0602)
general welfare of persons working or residing in the vicinity or detrimental to the value of
the property and improvements in the neighborhood. The project will not generate noise,
traffic, odors or other impacts at levels inconsistent with the residential character of the
/existing neighborhood. Adequate parking to serve the proposed project will be provided
on site in conformance with the requirements of the HBZSO. The project will provide new
housing anticipated to have a positive impact on the value of property in the neighborhood.
Proposed fencing within the front setback will be designed to maintain long-term quality
(masonry construction) and is conditioned to incorporate a decorative finish and cap.
2. The conditional use permit will be compatible with surrounding uses because the project
consists of construction of townhouse style multi -family residential dwellings in a
neighborhood predominately developed with multi -family housing of comparable or lesser
quality and design, including an existing mobile home park located across the street. The
proposed dwellings are designed to convey a high level of quality and a character
consistent with the City's Urban Design Guidelines. No dwellings exist on adjacent
properties within 50 feet of the subject property with the exception of one single-family
dwelling located to the north. Conditions of approval ensure no direct alignment of
windows in the proposed dwelling with windows in the existing dwelling to minimize impacts
on privacy at the adjoining property. In addition, the project will be terraced to minimize cut
and fill grading.
3. The proposed eight -unit condominium project 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 maximum density, height and lot coverage; and minimum
lot size, lot width, building setbacks, landscaping, off-street parking and open space
requirements. The ZSO authorizes walls/fences exceeding six feet in height with approval
of a conditional use permit.
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 RM-15 (Residential Medium -Density —
15 units/acre) on the subject property. In addition, it is consistent with the following goals
and policies of the General Plan:
L. U. Policy 9.1.1: Accommodate the development of single- and multi -family residential
units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and
Density Schedules.
The proposed Tentative Tract Map and Conditional Use Permit provide for the construction
of eight dwelling units at a density of 13.1 units per acre. The General Plan Land Use and
Density Schedule allows for residential development on the subject property at a maximum
density of one unit per 15 acres.
L.U. Policy 9.1.3: Require that multi -family residential projects be designed to convey a
high level of quality and distinctive neighborhood character, including the following
guidelines:
a. Design building elevation to convey the visual character of individual units rather
than a singular building mass and volumes.
ZA Minutes 06/02/04 4 (04=0602)
•
b. Include separate and well defined entries to convey the visual character of
individual identity for each residential unit, which may be accessed from exterior
facades, interior courtyards and/or common areas.
c. Site and design parking areas and facilities that are integrated with but do not
dominate the architectural character of the structure.
d. Include an adequate landscape setback along the street frontage that is integrated
with abutting sidewalks and provides continuity throughout the neighborhood.
The proposed design conveys a visual character comparable to single-family residential
development and features substantial articulation of building elevations and masses,
including a variety of roof lines, wall planes, window and door arrangements. All dwellings
feature attached integrated garages and covered porch entries. Open parking spaces are
distributed throughout the site to minimize large expanses of paving and, pursuant to
conditions of approval, provided on driveways with decorative paving. Conditions of
approval also require integration of the public sidewalk with a pedestrian walkway to be
constructed on each side of the main entry driveway.
CONDITIONS OF APPROVAL — TENTATIVE TRACT MAP NO. 16675:
Tentative Tract Map No. 16675, for the merger of two parcels into one 26,550 sq. ft. parcel for
condominium purposes, received and dated May 5, 2004, shall be the approved layout.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-05:
The site plan, floor plans, and elevations received and dated May 5, 2004 shall be the
conceptually approved design with the following modifications:
1. A raised pedestrian sidewalk (four -foot minimum width) shall be provided along the north
side of the driveway entrance, between the public sidewalk and the driveway leading to the
garage at unit number 1. An additional sidewalk may be constructed along the south side
of the driveway, between the public sidewalk and the driveway leading to the garage at unit
number 4.
2. The entry driveway shall have textured and colored pavement for the full depth of the
"throat" (i.e., between the public sidewalk and the driveways leading to the garages at units
numbered 1 and 8 - approximately 25 linear feet). In addition, the drive aisle shall have
textured and colored pavement for the full width, at the segment of drive aisle between the
easterly edge of the driveways leading to the garages at units numbered 2 and 7 and the
westerly edge of the driveways leading to units numbered 3 and 6.
3. The proposed masonry wall within the front setback shall be constructed of split -face block
or slump stone in lieu of the proposed precision block; or shall be stucco or stone finished,
and shall feature a cap course.
4. The kitchen window on Unit #2 shall be relocated to avoid alignment with the existing
window in the dwelling on the adjacent property to the north or fitted with obscure glass, as
necessary for conformance with the requirements of HBZSO Section 230.22 — Residential
Infill Lot Developments.
ZA Minutes 06/02/04 5 (04zm0602)
INDEMNIFICATION AND HOLD HARMLESS CONDITION: 0
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 Zoning Administrator 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: NEGATIVE DECLARATION NO. 03-09/TENTATIVE PARCEL MAP NO. 2004 136/
CONDITIONAL USE PERMIT NO. 03-62 (WALGREEN'S PHARMACY)
APPLICANT:
Brandy Yamamoto, Spear Design Associates, 1228 Avenida
Amistad, San Marcos, CA 92069
PROPERTY OWNER:
Joseph Lowenstein, 9952 Garfield Avenue, Huntington Beach,
CA 92646
REQUEST:
TPM: To permit the consolidation of two parcels into one 54,809
square foot lot. CUP: To permit the development of a 13,058
square foot Walgreen's Pharmacy within the CG (Commercial
General) zone. The proposal includes installation of new
landscape planters and new surface parking.
LOCATION:
19001 Brookhurst Street (Southwest corner of Brookhurst Street
and Garfield 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 presented a review of the proposed project
and the suggested findings and conditions of approval as outlined in the executive summary.
Staff recommended approval of the negative declaration and tentative parcel map based upon
the suggested findings and subject to the suggested conditions as outlined in the executive
summary.
Staff recommended denial of the conditional use permit based upon the suggested findings for
denial. Staff stated that the issues with the subject conditional use permit are the building
placement, parking, and prototype architecture, which are not within the recommendations of
the Urban Design Guidelines.
Staff presented an alternate drawing of the proposed project placing the building closer to the
corner in an attempt to comply with the recommendations of the Urban Design Guidelines.
Staff stated that three letters from neighboring property owners were received in support of the
proposed project. No other written or verbal comments were received in response to the public •
notification.
ZA Minutes 06/02/04 6 (04zm0602)
aTHE PUBLIC HEARING WAS OPENED.
John Glikbarg, 121 Spear Street, San Francisco, CA, 94105, applicant, spoke in support of the
proposed project and urged the Zoning Administrator's approval. Mr. Glikbarg also stated that
the proposed project would be beneficial to property values. He stated that moving the
building and changing the architecture would present visibility and parking concerns as well as
customer inconvenience.
Dr. Ken Hardy, optometrist and neighboring business owner, stated support of the proposed
project.
Brandy Yamamoto, Spear Design Associates, 1228 Avenida Amistad, San Marcos, CA,
applicant, presented a review of the project plans and materials addressing staff's concerns as
related to the placement of the building, architecture, and landscaping.
Dick Harlow, 211-B Main Street, representing the applicant, voiced disagreement with each of
staff's suggested findings for denial of the conditional use permit. Mr. Harlow stated that the
Urban Design Guidelines serve as a recommendation and not a requirement. He stated a
willingness to work with staff.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
aMary Beth Broeren, Zoning Administrator, addressed staff's concerns and stated that the City
looks to meet the goals of the Urban Design Guidelines. Ms. Broeren stated that when she
visited and walked the subject site, she observed a grade differential. Discussion ensued
concerning placement of the building, impact on parking, landscaping, and architecture. The
applicant stated that they propose to remedy the slope differential by raising and leveling.
Ms. Broeren stated that she was going to approve the request for the negative declaration and
the tentative parcel map.
E
Ms. Broeren stated that she was going to continue the request for the conditional use permit
for one week. She directed staff and/or the applicant to prepare plans that would make the
proposed project's building placement closer to the street and architecture more unique from
other Walgreen's and in keeping with the recommendations of the Urban Design Guidelines.
NEGATIVE DECLARATION NO. 03-09/TENTATIVE PARCEL MAP NO. 2004-136 WERE
APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND
CONDITIONS OF APPROVAL. CONDITIONAL USE PERMIT NO. 03-62 WAS CONTINUED
TO THE JUNE 9$ 2004 MEETING WITH THE PUBLIC HEARING CLOSED. THE ZONING
ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR
CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR
DAYS.
ZA Minutes 06/02/04 7 (04zm0602)
FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 03-09: •
1. Negative Declaration No. 03-09 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available
for a public comment period of twenty (20) days. There were no comments received during
the comment period.
2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce
the project's effects to a point where clearly no significant effect on the environment will
occur.
3. There is no substantial evidence in light of the whole record before the Zoning
Administrator that the project will have a significant effect on the environment.
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2004-136:
1. Tentative Parcel Map No. 2004-136 for the consolidation of two parcels into one 54,809
square foot lot is consistent with the General Plan Land Use Element designation of
CG-F1 (Commercial Neighborhood — 0.35 Permitted Density) on the subject property, or
any applicable specific plan, or other applicable provisions of this Code.
2. The site is physically suitable for the type and density of development. The proposed
parcel map will accommodate future development of the site in accordance with applicable
land use and development standards. .
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The project site is void of fish or wildlife habitat, and is not located
within an environmentally sensitive area. Proposed development is subject to review and
approval of a water quality management plan, hydrology and hydraulic studies and an
erosion control plan designed to minimize any potential environmental impacts.
4. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision unless alternative easements, for access or for use, will be provided. The
existing easement on the subject site leads to a landlocked parcel (Parcel 2). This
easement will be transferred to the newly created parcel and will be provided for, in its
current state, on the subject site.
CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 2004-136:
1. The Tentative Parcel map for the consolidation of two lots into one 54,809 sq. ft. parcel
received and dated December 15, 2003 shall be the approved layout.
2. The final parcel map shall be recorded with the County of Orange.
3. The Departments of Planning, Public Works and Fire are responsible for compliance with
all conditions of approval herein as noted after each condition. The Planning Director and
ZA Minutes 06/02/04 8 (04zm0602)
•
Public Works Director shall be notified in writing if any changes to PARCEL map are
proposed as a result of the plan check process. Permits shall not be issued until the
Planning Director and Public Works Director have 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 HBZSO.
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 2:40 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, JUNE 9, 2004 AT 1:30 PM.
Maryeth Broeren
Zoning Administrator
rmk
ZA Minutes 06/02/04 9 (04zm0602)