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HomeMy WebLinkAbout2004-09-22Ll MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 22, 2004 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Jason Kelley, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-50 (BANCORP RETAIL CENTER — CONTINUED FROM THE MAY 19, 2004 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: Timothy J. Lux, Datum Architects, 6 Morgan, Suite 11, Irvine, CA 92618-1920 PROPERTY OWNER: Huntington Pacific Bancorp, 17408 Beach Boulevard, Huntington Beach, CA 92647 REQUEST: To permit the construction of a 7,250 sq. ft. single -story retail/office building on a 26,190 sq. ft. parcel within the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. LOCATION: 17222 Beach Boulevard (east side of Beach Boulevard, south of Blaylock Drive) 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 in order to address recommendations made by the Design Review Board (DRB). Staff stated that the DRB reviewed the revised materials and recommended approval to the Zoning Administrator. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary and with modifications to Suggested Conditions of Approval No. 1 as follows: a. All compact parking stall be enlarged to standard size stalls. Staff stated that the offer for reciprocal vehicular access as set forth in Suggested Condition of • Approval No. 3 has been recorded with the Office of the County Recorder. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the recorded reciprocal access agreement is compatible with the property to the north. THE PUBLIC HEARING WAS OPENED. Doug Taylor, 16831 Saybrook Lane, property manager to the southwest of the subject site voiced concerns related to adequate nighttime lighting in order to discourage late night gatherings and noise. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with the applicant, Tim Lux, their agreement with staff's suggested conditions for approval and modifications to the proposed plans as reflected in the executive summary. Ms. Broeren addressed Mr. Taylor's concerns and asked staff and the applicant to consult with the Police Department to ensure that the lighting is sufficient to deter a gathering place. The applicant agreed with the foregoing and stated confidence that the owner would concur. Ms. Broeren asked staff if a maintenance easement to the north side of the property line at a zero setback is required. Staff stated that the easement is not a condition but is a code requirement. Ms. Broeren confirmed with the applicant that they are aware that they will have to enter into an agreement with the property owner to the north to maintain the north side of the building. Ms. Broeren stated that she was going to approve the request with the modification to the proposed plans as recommended by staff above. Ms. Broeren asked staff to add the following condition of approval: c. The parking area lighting plan shall be reviewed and approved by the Planning Department and Police Department. CONDITIONAL USE PERMIT NO. 03-50 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 15303 of the CEQA Guidelines, because the development is proposed in an urbanized area and consists of a 7,250 square foot commercial building. ZA Minutes 09/22/04 2 (04zm0922) 0 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-50: Conditional Use Permit No. 03-50 for the establishment, maintenance and operation of a 7,250 sq. ft. single -story retail/office building on a 26,190 sq. ft. parcel will not be detrimental to the general welfare of persons working or residing in the vicinity and to the value of the property and improvements in the neighborhood. The subject property is designated for commercial general development under the General Plan. The proposed project is consistent with the permitted uses and development standards within this designation. 2. The conditional use permit will be compatible with surrounding uses. The property abuts commercial uses to the north, south and west and residential uses to the east. The subject site is separated from the properties to the west by a six foot block wall and the building will be sited adjacent to the Beach Blvd. frontage thereby allowing for an increased buffer to the single family residential uses located to the east of the subject site. In addition, a code requirement requires that all lighting be shielded from adjacent residential properties to avoid lighting and glare effects to residences. 3. The proposed development 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 project complies with all the development standards identified in the zoning code including parking, landscaping, setbacks, height, and floor area ratio. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the following goals and policies of the General Plan: LU10.1.4. Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. LU10.1.12. Require that Commercial uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including consideration of: c. siting and design of structures to facilitate and encourage pedestrian activity; d. siting of buildings to the street frontage to convey a visual relationship to the street and sidewalks; e. architectural treatment of buildings to minimize visual bulk and mass, using techniques such as the modulation of building volumes and articulation of all elevations. UD 1.1. Identify and reinforce a distinctive architectural and environmental image for each district in Huntington Beach. The proposed development is in substantial compliance with the Urban Design Guidelines. The siting and design of the proposed structure allows for pedestrian connections between sidewalks and the subject building based on the building location near the street frontage. The proposed architecture provides a prominent entry and incorporates quality materials in its design. The building placement, near the street frontage, provides a visual connection . to the street frontage and encourages pedestrian activity. ZA Minutes 09/22/04 3 (04zm0922) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-50: is 1. The site plan, floor plan, and elevations dated May 20, 2004, shall be the conceptually approved layout with the following modifications: a. All compact parking stall be enlarged to standard size stalls. b. The wall plane below the arch located at each tower feature shall be recessed six inches. (DRIB) c. The parking area lighting plan shall be reviewed and approved by the Planning Department and Police Department. 2. 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. 3. Prior to issuance of building permits, the applicant shall record an offer for reciprocal vehicular access to the adjacent commercial properties to the north and south, with the Office of the County Recorder. 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. 4. 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. 5. 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 ZA Minutes 09/22/04 4 (04zm0922) 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. 04-17 (WILLIAMS WALL) APPLICANT/ PROPERTY OWNER: Steve Williams, 21421 Seaforth Lane, Huntington Beach, CA 92646 REQUEST: To permit a six-foot six-inch tall fence/wall at a three-foot front yard setback in lieu of the 42-inch maximum height within the required 15-foot front yard setback in the RL (Residential Low Density) district. LOCATION: 21421 Seaforth Lane (West side of Seaforth Lane, North of Hamilton Avenue) PROJECT PLANNER: Jason Kelley Jason Kelley, 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, and, in particular, staff's suggested modifications to the proposed plans. . Mary Beth Broeren, Zoning Administrator, asked staff if any inquires were received as a result of the public notification. Staff stated that one call was received from an adjacent property owner with various questions. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she visited the subject site and drove through the neighborhood. She stated that, in general, the proposed project is not consistent with the neighborhood. Ms. Broeren stated her concurrence with staff's recommended modifications to the project plans. Ms. Broeren engaged in discussions with staff and the applicant concerning the materials of the subject wall/fence, usability of rear yard, obstruction of visibility, aesthetic incompatibility with the neighborhood, and need to comply with the City code and Building requirements. Ms. Broeren asked staff to modify Suggested Condition of Approval No. 1 as follows: b. A minimum of 40 percent of the required front yard setback shall be landscaping in front of the six-foot six-inch high fence/wall and shall achieve sufficient height to screen at least half of the height of the wall, if the applicant were to construct the fence/wall at a ten -foot front yard setback. • Ms. Broeren confirmed with the applicant that they understand and agree to the modification to the conditions of approval. ZA Minutes 09/22/04 5 (04=0922) CONDITIONAL USE PERMIT NO. 04-17 WAS APPROVED BY THE ZONING a 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 15303 of the CEQA Guidelines, because the project consists of construction of a small accessory structure on a previously developed site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-17: Conditional Use Permit No. 04-17 to permit six-foot six-inch tall courtyard fencing at a ten - foot front yard setback, in lieu of a maximum height of 42-inches within the required 15-foot front 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. Based upon the conditions imposed, the proposed fence will maintain a minimum setback from the front property line consistent with the setback permitted in the zone for a side -entry garage. Accordingly, the proposed project will be consistent with the standards applicable to a permitted structure in the zone and will have no greater impact • on the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses since the proposed courtyard fence will be constructed of quality, decorative building materials and will be substantially integrated into the design and architecture of the dwelling. The 10-foot setback area between the proposed fence and the front property line will be landscaped. The conditional use permit, as conditioned, is consistent with numerous previously approved entitlements for fencing within the required front yard setback in the RL zoning district. 3. The proposed conditional use permit 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 HBZSO permits fences exceeding 42-inches in height within the required front setback, 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 RL-7 (Residential Low -Density — 7 units per acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. 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. • ZA Minutes 09/22/04 6 (04zm0922) b. L.U. 9.2.1: Require that all new residential developments within existing residential 46 neighborhoods be compatible with existing structures, including the maintenance of the predominant or median existing front yard setbacks. The proposed wall/fence will meet the City's objectives for community character by incorporating quality design and materials and by maintaining a predominately (with exception of paving applied to the driveway) landscaped setback with a minimum dimension of ten feet between the proposed fence and the public sidewalk. The proposed wall/fence will maintain a minimum setback matching the minimum setback required for a side entry garage on the subject site. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-17: 1. The site plan and elevations received and dated May 27, 2004, shall be the conceptually approved layout with the following modifications. a. The minimum front yard setback for the proposed fence shall be ten feet. b. A minimum of 40 percent of the required front yard setback shall be landscaping in front of the six-foot six-inch high fence/wall and shall achieve sufficient height to screen at least half of the height of the wall, if the applicant were to construct the fence/wall at a ten -foot front yard setback. • c. The existing non -conforming wall/fence shall be demolished or otherwise brought into conformance with the requirements of the Huntington Beach Zoning and Subdivision Ordinance, except as provided herein, by October 22, 2004. • 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. ZA Minutes 09/22/04 7 (04zm0922) ITEM 3: TENTATIVE PARCEL MAP NO. 2004-224 (WONG SUBDIVISION) APPLICANT/ PROPERTY OWNER: Kimberly A. Wong, 1493 N. Montebello Blvd, Montebello, CA 90640 REQUEST: To permit the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after dedications). LOCATION: 527 12th Street (Northwest corner of 12th Street and Acacia 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. Two telephone calls were received concerning impact on density, sewers and flooding. No other written or verbal comments were received in response to the public notification. No unique suggested conditions of approval were recommended by other City departments. Staff stated that the applicant was advised in writing of the City's code requirement for Parkland Dedication, and stated reasons why the code would apply to the subject lot. Mary Beth Broeren, Zoning Administrator, confirmed with staff that there would be no unplanned density and that the proposed project would remain consistent with the General Plan density. THE PUBLIC HEARING WAS OPENED. Karen Wys, 500 12th Street, neighboring property owner, voiced concern that further development would exacerbate an existing problem of run-off and standing water located in the 500 block between Pecan and Acacia Avenues. Ms. Wys requested that the City look into the existing problem and emphasized concern for mosquitoes. Ms. Broeren engaged in a discussion with Ms. Wys. Ms. Wys advised that she has communicated with the Public Works Department concerning the abovementioned problems. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that the City is in the process of updating the Master Plan Storm Drainage Plan in order to identify storm drain deficiencies. She explained the sources for financial responsibility, the standard set in determining storm drain deficiencies, and the City's legal requirements of a developer in addressing any impacts caused by the developer. • ZA Minutes 09/22/04 8 (04zm0922) Ms. Broeren encouraged Ms. Wys to continue her communication with the Public Works Department. She suggested that Ms. Wys leave her name and phone number with staff for follow-up purposes when the storm drain deficiencies have been identified. TENTATIVE PARCEL MAP NO. 2004-224 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 15315 of the CEQA Guidelines, because the project consists of the division of property in an urbanized area zoned for commercial use into four or fewer parcels, in conformance with the General Plan and zoning, with no variances or exceptions required; and with all services and access to the proposed parcels available. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2004-224: 1. Tentative Parcel Map No. 2004-224 for the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after required dedications) is consistent with the General Plan Land Use Element designation of Residential Medium -High Density on the subject property. The proposed subdivision complies with all applicable provisions of the Subdivision Map Act and the HBZSO and is consistent with previous subdivisions in the surrounding neighborhood. The project includes demolition of the existing residential structures and will provide for the future development of two new single-family dwellings, in accordance with applicable land use, density and development standards. 2. The site is physically suitable for the type and density of development allowed by the corresponding zoning designation. Although no development is proposed at this time, the site is currently developed with a single-family dwelling and accessory structures to be demolished. The proposed two -lot subdivision will comply with all applicable code provision of the HBZSO including the minimum parcel size of 2,500 sq. ft. and minimum lot width of 25 feet, as required in the RMH-A (Residential Medium High Density — Small Lot) zoning district. The proposed lots are level, rectangular and present no significant constraints to development. The site is accessible from an existing public street and all necessary public utilities and services are available. 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 subdivision is proposed for a property previously developed for residential use. The site does not serve as habitat for fish or wildlife. 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 is subdivision unless alternative easements, for access or for use, will be provided. No ZA Minutes 09/22/04 9 (04zm0922) easements acquired by the public at large for access through or use of the property exist within the proposed subdivision. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 2002-224: 1. The Tentative Parcel Map No. 2002-224 for the subdivision of one 5,875 sq. ft. lot (50' wide by 117.50' deep) into two 2,875 sq. ft. (approx.) lots (25' wide by 115' deep after dedications received and dated August 5, 2004, shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated: a. An additional 2.5-foot wide right-of-way easement for public alley access and utility purpose along the alley frontage, for a total half -width of 10 feet, shall be dedicated to the City of Huntington Beach and shown on the final map. b. Building Permits for demolition of the existing structures shall be obtained and finaled. 3. Prior to issuance of a grading permit and/or building permits for new construction, the final parcel map shall be recorded with the County of Orange. 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 1P 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 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 29, 2004 AT 1:30 PM. Maryeth roeren Zoning Administrator rmk • ZA Minutes 09/22/04 10 (04zm0922)