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HomeMy WebLinkAbout2005-10-26• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 26, 2005 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: October 5 and 12, 2005 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 05-27 (HOME DEPOT FOOD CONCESSION) APPLICANT: Mark Kelly, 12348 Obrad Drive, Saratoga, CA 95070 ® PROPERTY OWNER: Huntington Beach Union High School District, 10251 Yorktown Avenue, Huntington Beach, CA 92648 REQUEST: To permit the establishment and operation of a 252 sq. ft. food concession building on the site of an existing Home Depot store. LOCATION: 7100 Warner Avenue (southeast corner of Warner Avenue and Goldenwest Street) 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 an overview 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 subject site is located in a flood zone and that the applicant as been advised in detail of the floodplain restrictions that require the applicant to either flood proof the building or elevate it and to provide an elevation certificate and a letter of map revision. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Mark Kelly, 12348 Obrad Drive, Saratoga, CA, applicant, presented alternatives to staff's suggested modifications to the project plans dated August 30, 2005. Mr. Kelly urged the ® Zoning Administrator's approval. Shel Verden, San Jose, California, architect, also addressed staff's suggested modifications to the August 30, 2005, project plans. 0 Mary Beth Broeren, Zoning Administrator, engaged in discussions concerning prior conditions and/or restrictions on the subject site, confirmation that Home Depot is aware of the proposed project, architectural elements and color, identification of garbage bins on plans, purpose and placement of serving window, landscaping, storage, and locations for entry and exit. Ms. Broeren further confirmed the applicant's understanding of the FEMA requirements. Discussion ensued concerning any elevation changes. Ms. Broeren stated that there could be an issue if the applicant returns with significant changes to the elevation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request and asked staff to make the following modifications: Suggested Findings for Approval: Conditional Use Permit No. 05-27 to permit the establishment and operation of a 252 sq. ft. food concession building on the site of an existing Home Depot store 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 252 sq. ft. concession building represents a negligible expansion of an existing commercial use. • Based upon the conditions imposed, the project will provide required parking -arm In addition, the project will not generate significant traffic. Moreover, the proposed building will be located a considerable distance from adjacent properties to ensure no detrimental noise impacts, and is subject to conditions of approval providing for the safety of patrons and pedestrians. 2. The conditional use permit will be compatible with surrounding uses because the proposed 252 sq. ft. concession building will be located on the site of an existing 131,189 commercial building, and therefore represents a negligible addition. In addition, conditions of approval require that the project be redesigned to ensure architectural compatibility with the existing buildiRg and building. Sufficient buffer area between the proposed building and the adjacent drive aisle is provided as a means to ensure no conflicts between vehicular parking lot traffic and pedestrians. Suggested Conditions of Approval: Delete Suggested Condition No.1.a: Home Depot buildiRg. The pFeGiSe IeG-atiGR shall be subjeGt to review and appFeval by the DepartrneRtS of Building & Safety and Plannipg-. The proposed GGRGessiGR building shall be re IGGated so that it abuts the fagade ef the GAZONING ADMINISTRATOR\ZAMIN\05\05zm1026.DOC 2 (05zm1026) 0 Modify Suggested Condition No. 1.d: An area between the PFOpased GenGeession building seWiGe windows and the adjaGent driveway shall be delineated for use by patFORS of the GOnGession building and buffered One serving - window shall be provided, on the west end of the building only. CONDITIONAL USE PERMIT NO. 05-27 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS. 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 the installation of a small commercial structure designed for an occupant load of 30 persons or less. • FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-27: 1. Conditional Use Permit No. 05-27 to permit the establishment and operation of a 252 sq. ft. food concession building on the site of an existing Home Depot store 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 252 sq. ft. concession building represents a negligible expansion of an existing commercial use. Based upon the conditions imposed, the project will provide required parking. In addition, the project will not generate significant traffic. Moreover, the proposed building will be located a considerable distance from adjacent properties to ensure no detrimental noise impacts, and is subject to conditions of approval providing for the safety of patrons and pedestrians. 2. The conditional use permit will be compatible with surrounding uses because the proposed 252 sq. ft. concession building will be located on the site of an existing 131,189 commercial building, and therefore represents a negligible addition. In addition, conditions of approval require that the project be redesigned to ensure architectural compatibility with the existing building. Sufficient buffer area between the proposed building and the adjacent drive aisle is provided as a means to ensure no conflicts between vehicular parking lot traffic and pedestrians. 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 proposed project is subject to conditions of approval requiring compliance with applicable parking, landscaping and flood plain requirements and is otherwise in GAZONING ADMINISTRATOR\ZAMIN\05\05zm1026.DOC 3 (05zm1026) compliance with all applicable land use and development standards including minimum building setbacks, maximum floor area ratio and height limits. The HBZSO permits outdoor retail sales subject to 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 CG-F1 (Commercial General — 0.35 FAR) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Goal LU-7 — Achieve a diversity of land uses that sustain the City's economic viability, while maintaining the City's environmental resources and scale and character. Goal LU-10.1.10 — Require that development be designed to convey a local neighborhood's character considering the following: siting and design of structures and inclusion of amenities to facilitate and encourage pedestrian activity. The proposed concession building will increase the diversity of land uses on the site by providing for expanded food sales on the site of an existing building materials retail store. In addition, the conditional use permit will provide for an amenity which will encourage pedestrian activity. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 05 27: 1. The site plan, floor plans, and elevations received and dated August 30, 2005, shall be the conceptually approved design with the following modifications: • a. Two additional parking spaces shall be provided on site, in accordance with the requirements of Huntington Beach Zoning & Subdivision Ordinance Chapter 231. The design and location of the proposed parking spaces shall be subject to review and approval by the Department of Planning. b. Any landscaped area displaced by the proposed concession building and/or required additional parking spaces, and/or eliminated as a result of associated improvements, shall be replaced on site on a one -for -one sq. ft. basis. Any mature trees removed from the site shall be replaced two for one. The proposed location, planting and irrigation design shall be subject to review and approval by the Departments of Planning and Public Works. c. One serving -window shall be provided, on the west end of the building only. d. The proposed concession building shall be redesigned to provide greater architectural compatibility with the existing Home Depot building. The final design shall be subject to review and approval by the Department of Planning. 2. Prior to submittal for building permits, three copies of a site plan, revised in accordance with Condition of Approval No. 1 shall be submitted to the Planning Department for review and approval. 3. Prior to issuance of a Certificate of Occupancy and commencement of use of the proposed concession building, all improvements required pursuant to Condition of Approval No. 1, including parking spaces and landscaping, shall be in place. 0 GAZONING ADMINISTRATOR\ZAMIN\05\05zm1026.DOC 4 (05zm1026) n 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 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 2, 2005 AT 1:30 PM. mary"BeKMieren"� Zoning Administrator rm k GAZONING ADMINISTRATOR\ZAMIN\05\05zm1026.DOC 5 (05zm1026)