HomeMy WebLinkAbout2005-03-30® MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, MARCH 30, 2005 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Jason Kelley, Jane James, Rami Talleh, Ron Santos,
Ramona Kohlmann (recording secretary)
MINUTES: February 16, 2005
March 16, 2005
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1 • COASTAL DEVELOPMENT PERMIT NO. 04-17 (GOODELL ADDITION)
• APPLICANT: Brad Smith Architects, 365 B Old Newport Boulevard, Newport
Beach, CA 92663
PROPERTY OWNER: Don Goodell, 16571 Channel Lane, Huntington Beach, CA 92649
REQUEST: To permit a 938 sq. ft. second -story addition to an existing 3,445
sq. ft. two-story single-family residence.
LOCATION: 16571 Channel Lane (west side of Channel Lane north of
Admiralty Lane)
PROJECT PLANNER: Jason Kelley
Jason Kelley, Staff Planner, displayed project plans and stated the purpose, location, zoning,
and existing uses of the requested project. Staff presented a review of the proposed project
and the suggested findings and conditions of approval as outlined in the executive summary.
Staff stated that the proposed project is not subject to the Infill Lot Ordinance.
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 one
telephone call was received from a neighboring property owner inquiring into the height 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 site plans. Ms. Broeren confirmed with
staff that changes are not proposed to the existing lot coverage and that the proposed addition
will be directly over the existing dwelling.
is
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. 04-17 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.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-17:
Coastal Development Permit No. 04-17 for a 938 sq. ft. second -story addition to an existing
3,445 sq. ft. two-story single-family residence conforms with the General Plan, including
the Local Coastal Program. The project is consistent with Coastal Element Land Use
Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to
existing developed areas able to accommodate it. The proposed addition will occur on an
existing 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. The project, as
proposed, complies with all applicable development regulations, including maximum
building height, minimum yard setbacks, maximum site coverage and minimum on -site
parking.
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 an existing 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 NO. 04-17:
1. The site plan, floor plans, and elevations received and dated February 11, 2005 shall be
the conceptually approved design.
171
ZA Minutes 03/30/05 2 (05zm0330)
• INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
ITEM 2: MITIGATED NEGATIVE DECLARATION NO. 04-05 (BROOKHURST STREET/
ADAMS AVENUE INTERSECTION IMPROVEMENTS)
APPLICANT:
City of Huntington Beach, Todd Broussard, Public Works
Department, 2000 Main Street, Huntington Beach, CA 92648
PROPERTY OWNER:
City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
REQUEST:
To analyze the potential environmental impacts associated with
the proposed construction of one right -turn pocket at each of the
westbound and eastbound lanes at the intersection of Brookhurst
Street and Adams Avenue. The additional turn pockets are
proposed to improve traffic circulation.
LOCATION:
City of Huntington Beach, 2000 Main Street, Huntington Beach,
CA 92648
PROJECT PLANNER:
Jane James
Jane James, Staff Planner, displayed project plans and stated the purpose, location, zoning,
and existing uses of the requested project. Staff stated that the Environmental Assessment
Committee reviewed the environmental assessment, and they determined that the mitigated
negative declaration is the appropriate level of review for this project.
Staff reviewed the mitigation measures as set forth in Suggested Finding No. 2 and reviewed
the dedications as accommodated by the site development plan for future development of the
center.
Staff stated that one letter was received from the Environmental Board and one telephone call
was received from a property owner requesting a copy of the environmental assessment. No
other written or verbal comments were received in response to the public notification.
Mary Beth Broeren, Zoning Administrator, and staff engaged in a discussion concerning a
traffic signal progression analysis. Ms. Broeren confirmed with staff that the mitigated negative
declaration was published and noticed within a 300-ft. radius including the Pegasus public
school and shopping center tenants.
ZA Minutes 03/30/05 3 (05zm0330)
Ms. Broeren asked staff to modify the suggested findings for approval as follows:
Suggested Finding No. 2:
Mitigation measures, the attaGhed Gonditions of apprGval-, avoid or reduce the
project's effects to a point where clearly no significant effect on the environment will occur.
The property on the southwest corner of the intersection at 20001 Brookhurst Street was listed
on the State list as a Shell Service Station with leaking underground storage tanks. The Shell
Service Station currently remains in operation and according to the Orange County Health
Care Agency the site is still an active remediation project. One monitoring well is located within
the area planned for street widening on Adams Avenue. Construction plans call for excavation
to accommodate the additional turn lane, resulting in lowering the cap on the monitoring well.
Because the exact location of underground vapors is unknown, mitigation measures to
address the potential for release of vapors during construction is required. Mitigation
MeasureHi (AttaGh'''''No. 4)1 requires the Public Works Department to coordinate
construction plans with the recovery system operator (Wayne Perry Construction, Buena Park)
to ensure proper repositioning of the monitoring well. Mitigation MeasureH2 (Atta .hw,e.,+ No.
4)2 requires an on -site soil gas monitor during all phases of construction to detect the
presence of vapors. The soil gas monitor personnel shall have the ability to halt construction
and address the contamination in accordance with Orange County Health Care Agency
regulations. With these mitigation measures, no significant effect on the environment will
occur.
THE PUBLIC HEARING WAS OPENED. 0
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
MITIGATED NEGATIVE DECLARATION NO. 04-05 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS. 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 — MITIGATED NEGATIVE DECLARATION NO. 04-05:
The Mitigated Negative Declaration No. 04-05, analyzing the potential environmental
impacts associated with a proposal to add one right turn lane pocket to each of the
westbound and eastbound lanes at the intersection of Brookhurst Street and Adams
Avenue, 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. One comment letter received from the Huntington Beach
Environmental Board during the comment period was considered by the Zoning
Administrator prior to action on the Mitigated Negative Declaration.
2. Mitigation measures avoid or reduce the project's effects to a point where clearly no
significant effect on the environment will occur. The property on the southwest corner of •
the intersection at 20001 Brookhurst Street was listed on the State list as a Shell Service
ZA Minutes 03/30/05 4 (05zm0330)
Station with leaking underground storage tanks. The Shell Service Station currently
• remains in operation and according to the Orange County Health Care Agency the site is
still an active remediation project. One monitoring well is located within the area planned
for street widening on Adams Avenue. Construction plans call for excavation to
accommodate the additional turn lane, resulting in lowering the cap on the monitoring well.
Because the exact location of underground vapors is unknown, mitigation measures to
address the potential for release of vapors during construction is required. Mitigation
Measure No. 1 requires the Public Works Department to coordinate construction plans with
the recovery system operator (Wayne Perry Construction, Buena Park) to ensure proper
repositioning of the monitoring well. Mitigation Measure No. 2 requires an on -site soil gas
monitor during all phases of construction to detect the presence of vapors. The soil gas
monitor personnel shall have the ability to halt construction and address the contamination
in accordance with Orange County Health Care Agency regulations. With these mitigation
measures, 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, as mitigated through the attached mitigation measures will
have a significant effect on the environment.
MITIGATION MEASURES FOR ENVIRONMENTAL CONCERNS:
1. Prior to issuance of an encroachment permit at the southwest corner of the intersection,
the Public Works Department shall coordinate construction plans with the recovery system
operator (Wayne Perry Construction, Buena Park) to ensure proper repositioning of the
• monitoring well (Mitigation Measure).
2. An on -site soil gas monitor shall be present during all phases of construction to detect the
presence of vapors at the southwest corner of the intersection. The soil gas monitor
personnel shall have the ability to halt construction and address the contamination in
accordance with Orange County Health Care Agency regulations. Any encounter with
vapors shall be immediately reported to the City of Huntington Beach Fire Department
(Mitigation Measure).
C:
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 03/30/05 5 (05zm0330)
ITEM 3: VARIANCE NO. 04-05 (SHELL SERVICE STATION VARIANCE)
•
APPLICANT:
City of Huntington Beach, Public Works Department, 2000 Main
Street, Huntington Beach, CA 92648
PROPERTY OWNER:
Equilon Enterprise LLC, Attention Karen Wisdom, 1100 Louisiana
Street, Houston, TX 77002-5227
REQUEST:
To permit the following reductions to the minimum code
requirements applicable to service stations to facilitate the
construction of a right turn pocket on Adams Ave at Brookhurst
St: (a) to permit a minimum of 4.5% landscaping of the site in lieu
of the minimum 10%, (b) to permit a 4 ft. wide landscaped planter
along Adams Ave. in lieu of the minimum 6 ft, (c) to permit a 380
sq. ft. corner landscaped planter in lieu of the minimum 600 sq. ft,
(d) and to permit a 7 ft. street side yard setback to the canopy
and an 18 ft. street side yard setback to the pump island (along
Adams Avenue) in lieu of the minimum 10 ft. and 20 ft.
respectively.
LOCATION:
Equilon Enterprise LLC, Attention Karen Wisdom, 1100 Louisiana
Street, Houston, TX 77002-5227
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 stated that the proposed project is processed
in concurrence with Mitigated Negative Declaration No. 04-05. Staff presented a review of the
proposed project and the suggested findings and conditions of approval as outlined in the Is
summary.
Staff recommended approval of the proposed project based upon the suggested findings and
conditions of approval.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal
comments were received in response to the public notification.
Ms. Broeren addressed the right turn lane dedication and confirmed with the applicant, Todd
Broussard, Public Works Department, that a dedication for street widening has already
occurred along the Target site's street frontage.
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 asked staff to modify the Suggested Findings for Approval as follows:
Suggested Finding No. 1 & 2:
1. The granting of Variance No. 04-05 to permit a minimum of 4.5% landscaping of the site in
lieu of the minimum 10%, a 4 ft. wide landscaped planter along Adams Ave. in lieu of the
minimum 6 ft, a 380 sq. ft. corner landscaped planter in lieu of the minimum 600 sq. ft, and is
ZA Minutes 03/30/05 6 (05zm0330)
a 7 ft. street side yard setback to the canopy and an 18 ft. street side yard setback to the
® pump island (along Adams Avenue) in lieu of the minimum 10 ft. and 20 ft-.ft respectively,
for the existing service station will not constitute a grant of special privilege inconsistent
with limitations upon other properties in the vicinity and under an identical zone
classification. The proposed variance will facilitate the widening of Adams Ave. for the
construction of a right turn lane on Adams Ave. at Brookhurst Street. Similar approvals
have been granted to commercial properties based on the location of existing
improvements on the site.
2. Because of special circumstances applicable to the subject property, including the
surroundings and location of existing improvements on the site, the strict application of the
zoning ordinance is found to deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification. The location of the site at
the intersection of Adams Avenue and Brookhurst Street requires that the City purchase
three feet of the subject site along Adams Ave. for purposes of constructing a right turn
lane from eastbound traffic on Adams Ave. to Brookhurst St. The site is n„rrently non-
10 ft. wide landSGaped planters, and rninimum 600 sq. ft. GOrner
VARIANCE NO. 04-05 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.
ENVIRONMENTAL STATUS:
The proposed project is covered by Mitigated Negative Declaration No. 04-05, which was
approved by the Zoning Administrator on March 30, 2005.
FINDINGS FOR APPROVAL - VARIANCE NO. 04-05:
The granting of Variance No. 04-05 to permit a minimum of 4.5% landscaping of the site in
lieu of the minimum 10%, a 4 ft. wide landscaped planter along Adams Ave. in lieu of the
minimum 6 ft, a 380 sq. ft. corner landscaped planter in lieu of the minimum 600 sq. ft, and
a 7 ft. street side yard setback to the canopy and an 18 ft. street side yard setback to the
pump island (along Adams Avenue) in lieu of the minimum 10 ft. and 20 ft, respectively, for
the existing service station will not constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification.
The proposed variance will facilitate the widening of Adams Ave. for the construction of a
right turn lane on Adams Ave. at Brookhurst Street. Similar approvals have been granted
to commercial properties based on the location of existing improvements on the site.
2. Because of special circumstances applicable to the subject property, including the
issurroundings and location of existing improvements on the site, the strict application of the
ZA Minutes 03/30/05 7 (05zm0330)
zoning ordinance is found to deprive the subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification. The location of the site at
the intersection of Adams Avenue and Brookhurst Street requires that the City purchase
three feet of the subject site along Adams Ave. for purposes of constructing a right turn
lane from eastbound traffic on Adams Ave. to Brookhurst St. The resulting curvature in the
front property line and loss of 357 sq. ft. of site area deprives the site of area currently
devoted to landscaping and does not allow for compliance with the minimum street side
yard setback to the canopy and pump island along Adams Avenue due to their existing
location.
3. The granting of a variance is necessary to preserve the enjoyment of one or more
substantial property rights. The granting of the variance will allow the construction of a
right turn lane from eastbound Adams Ave. to Brookhurst St. while providing the property
owner the right to continue the use and enjoyment of the property as a service station.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to property in the same zone classification. The subject property is currently
developed with a service station. The granting of the variance will continue the use of the
property as a service station and will enhance the flow of traffic at the intersection of
Adams St. at Brookhurst Avenue.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with
the Land Use Element designation of Commercial General on the subject property and will
comply with the Circulation Element of the General Plan by allowing a right turn lane from
eastbound Adams Ave. to Brookhurst St.
CONDITIONS OF APPROVAL VARIANCE NO. 04-05: •
1. The site plan, floor plans, and elevations received and dated September 9, 2004, shall be
the conceptually approved design.
2. The proposed project shall comply with Mitigated Negative Declaration No. 04-05
Mitigation Measures.
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 03/30/05 8 (05zm0330)
•
•
THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, APRIL 6, 2005 AT 1:30 PM.
Ma Beth Broeren
Zoning Administrator
:rmk
ZA Minutes 03/30/05 9 (05zm0330)