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HomeMy WebLinkAbout2004-09-29• is MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 29, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: September 15, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 04-25 (PETSMART ANIMAL HOSPITAL) APPLICANT: Michelle Alfieri, 8001 Irvine Center Dr., Ste. 4000, Irvine, CA 92618 PROPERTY OWNER: Huntington Beach No. 1, c/o Watt Management, 2716 Ocean Park Blvd., Ste. 3040, Santa Monica, CA 90405 REQUEST: To permit the establishment of a 2,183 sq. ft. animal hospital in conjunction with a 20,183 sq. ft. pet supply store in an existing shopping center. LOCATION: 7600 Edinger Ave. (South side of Edinger Avenue, West of Sher Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. THE PUBLIC HEARING WAS OPENED. Michelle Alfieri, 8001 Irvine Center Dr., Ste. 4000, Irvine, applicant, stated that the proposed project will serve the community. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, engaged in discussions with the applicant concerning any outdoor activities for the animals. The applicant advised that animals such as cats or dogs will not be kept in the store. Ms. Broeren engaged in a discussion with staff concerning the condition establishing a timeline for obtaining a building permit for tenant improvements for the subject use, and the fact that the applicant has already submitted the building permit application. Ms. Broeren confirmed with the applicant that they would address the non -permitted mezzanine issue in conjunction with the tenant improvement. Staff suggested that Suggested Condition of Approval No. 2 be modified as follows: 2. Prior to q,, hrn ittaIissuance of building permits, the applicant shall demonstrate compliance with parking and floor area ratio requirements for the second floor mezzanine located at the northwest corner of the suite installed without permits. If the parking and floor area requirements cannot be complied with, the mezzanine shall be removed within 60 days from the effective date of this approval. Ms. Broeren confirmed with the applicant their concurrence with the aforementioned modification. CONDITIONAL USE PERMIT NO. 04-25 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 15301 of the CEQA Guidelines, because the project consists of negligible or no expansion of the use beyond that existing at the time the shopping center was established. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-25. 1. Conditional Use Permit No. 04-25 for the establishment, maintenance and operation of a 2,183 sq. ft. animal hospital in conjunction with a 20,183 sq. ft. pet supply store in an existing shopping 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 animal hospital will be an ancillary use within a proposed retail pet supply store in an established commercial shopping center. The nearest residential uses are located 90 feet south of the subject structure and will be adequately separated by a loading dock screen wall, perimeter fence, and public alley. No noise impacts are anticipated in that all activities associated with the facility will be conducted entirely indoors. The proposed facility will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the property. 0 ZA Minutes 09/29/04 2 (04zm0929) • 2. The conditional use permit will be compatible with surrounding uses because the proposed animal hospital will be an ancillary use to a retail pet supply store which will be operated in an existing commercial shopping center, adjacent to other commercial uses of similar nature and intensity. 3. The proposed Conditional Use Permit No. 04-25 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 animal hospital is allowed with approval of a conditional use permit and complies with the parking and floor area ratio requirements. 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 Regional Commercial (CR) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses. (Goal LU 10) b. Accommodate the development of neighborhood community, regional, office, and visitor -serving commercial uses in areas designated on the Land Use Plan Map. (Policy LU 10.1.1) The proposed business will contribute to the diversity of service -commercial uses oriented to the needs of local residents and the surrounding community in the City. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-25: The site plan, floor plans, and elevations received and dated August 16, 2004 shall be the conceptually approved design. 2. Prior to issuance of building permits, the applicant shall demonstrate compliance with parking and floor area ratio requirements for the second floor mezzanine located at the northwest corner of the suite installed without permits. If the parking and floor area requirements cannot be complied with, the mezzanine shall be removed within 60 days from the effective date of this approval. 3. All activities associated with the proposed use shall be conducted entirely indoors. 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 09/29/04 3 (04zm0929) ITEM 2: COND ITIONAL USE PERMIT NO. 04-23 HANSON ADDITION1 0 APPLICANT/ PROPERTY OWNER: Jody Hanson, 1209 Pine Street, Huntington Beach, CA 92648 REQUEST: To permit the construction of a 1,645 sq. ft. two story addition to a single-family dwelling at an existing non -conforming 2'-6" side yard setback along the alley in lieu of the 5 ft. minimum side yard setback from the ultimate right-of-way line. The addition will consist of a first floor garage and second floor office and storage area. LOCATION: 1209 Pine Street (West side of Pine St. between Adams Ave. and Loma Ave.) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. 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 the applicant has submitted a petition signed by 20 surrounding residents in support of the proposed project. Two telephone calls were received from property owners to the north and east stating support of the proposed project. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the photographs and project plans and a general discussion ensued with staff concerning the alley. THE PUBLIC HEARING WAS OPENED. Jody Hanson, 1209 Pine Street, applicant, spoke in support of the proposed project and urged the Zoning Administrator's approval. David Hilborn, 1209 Lake Street, neighboring property owner, voiced support of the proposed project, and stated that he plans to construct a similar project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren engaged in discussions with staff and the applicant concerning the 2'-6" side yard setback along the alley from the ultimate right-of-way, construction of a new fence, and deviation from the existing home's front architecture. Ms. Broeren stated that it appears that the attic area is being constructed to be habitable above the garage. She confirmed with the applicant that it is their intent to keep the attic unfinished and completely open to the garage. Ms. Broeren advised that if, in the future, the ZA Minutes 09/29/04 4 (04zm0929) applicant should decide to make the attic habitable, they would have to return and apply for a permit. She emphasized that if this were to be the case, dedications and alley improvements may be required. Staff stated that the foregoing would depend on the final design, as dictated by building code requirements and Public Works Department requirements. Ms. Broeren reviewed the petition that was signed by the neighboring property owners in support of the proposed project. She stated that she was going to approve the request and asked staff to modify Suggested Finding for Approval No. 1 as follows: 1. Conditional Use Permit No. 04-23 for the construction of a 1,645 sq. ft. two story addition to a single-family dwelling, at an existing non -conforming 2'-6" side yard setback along the alley, in lieu of the 5 ft. minimum side yard setback from the ultimate right-of-way line 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 subject site is bounded by an alley to the north and east. The addition will be constructed to match an existing 2'-6" nonconforming sideyard setback, which abuts the alley to the north. The proposed addition will not impact the residences north of the alley since a 20 ft. separation is provided between the proposed addition and the nearest residential properties. Furthermore, the proposed addition will consist of a garage on the first floor and office space above, areas that are not used as often as other living areas are used. CONDITIONAL USE PERMIT NO. 04-23 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 negligible expansion to an existing single family home. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-23: 1. Conditional Use Permit No. 04-23 for the construction of a 1,645 sq. ft. two story addition to a single-family dwelling, at an existing non -conforming 2'-6" side yard setback along the alley, in lieu of the 5 ft. minimum side yard setback from the ultimate right-of-way line 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 subject site is bounded by an alley to the north and east. The addition will be constructed to match an existing 2'-6" nonconforming sideyard setback, which abuts the alley to the north. The proposed addition will not impact the residences north of the alley since a 20 ft. separation is provided between the proposed addition and the nearest residential properties. Furthermore, the proposed addition will consist of a garage on the first floor ® and office space above, areas that are not used as often as other living areas are used. ZA Minutes 09/29/04 5 (04zm0929) 2. The conditional use permit will be compatible with surrounding uses because the project consists of a first and second floor addition to a single-family home in a residential neighborhood developed with one and two-story dwellings. The proposed 2'-6" side yard setback to the ultimate right-of-way line matches or exceeds the side yard setback of several properties in the vicinity. The proposed two-story addition will be compatible with the adjacent one-story homes in that an adequate buffer of 20 ft. shall be provided between the structure and the surrounding residence. 3. The proposed first and second story addition 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 (HBZSO). The proposed addition complies with the applicable development standards (building height, front and side setbacks, and lot coverage) except for the proposed northerly side yard setback. The HBZSO authorizes additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks 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 Residential Low Density 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. b. LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; Conditional Use Permit No. 04-23 accounts for the subject property's existing non- conforming side yard setback from the ultimate property line by allowing the proposed two- story addition to be constructed at a matching setback. The addition will be designed and constructed to be consistent with the character of the neighborhood and compatible with the adjacent single-family homes. The addition will be constructed with high quality materials such as stone veneer and wood siding. The use of materials to create a visual break in the design of the addition coupled with a 3 ft. offset in the rear will minimize the bulk of structure. A minimum separation of 20 ft. is provided between the two-story addition and the adjacent single story residences. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-23: 1. The site plan, floor plans, and elevations received and dated September 13, 2004, shall be the conceptually approved design with the exception of the following modification: A landscaped planter shall be provided between the proposed addition and the existing northerly property line. 2. Prior to submittal for building permits, plans shall be revised to show the final design of the proposed second floor attic space for review by the Planning Department, Public Works Department, and Building and Safety Department. 3. Prior to submittal for building permits for the second phase expansion as identified on the plans received and dated September 13, 2004, the final design shall be submitted for ZA Minutes 09/29/04 6 (04zm0929) review and approval by the Planning Department and determined consistent with this 46 conditional use permit. • 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 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 6, 2004 AT 1:30 PM. Ma a Broeren Zoning Administrator :rmk ZA Minutes 09/29/04 7 (04zm0929)