HomeMy WebLinkAbout2007-11-14MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, NOVEMBER 14, 2007 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland, Acting Zoning Administrator
STAFF MEMBER_ Hayden Beckman, Tess Nguyen, Rami Talleh, Pamela
Avila (recording secretary)
MINUTES: NONE
ORAL COMMUNICATION: NONE
ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 2007-011 (HEINDL ADDITION)
APPLICANT:
Dennis D'ambra, 7752 Warner Avenue, Huntington Beach, CA
92647
PROPERTY OWI4ER:
Dr. Lisa Heindl, 16276 Tisbury Circle, Huntington Beach, CA
•
92649
REQUEST:
To permit the construction of a 405 sq. ft. first and second floor
addition to an existing two-story single family dwelling and the
construction of a 96 sq. ft. second floor balcony.
LOCATION:
16276 Tisbury Circle, 92649 (northside of Tisbury Circle, west of
Mistral Drive — Humboldt Island, Huntington Harbor)
PROJECT PLANNER:
Hayden Beckman
Hayden Beckman, Planning Aide, displayed project plans and photographs and stated the
purpose, location, zoning, and existing use of the subject site. Staff presented an overview of
the proposed project and the suggested findings and conditions of approval as presented in
the executive summary and recommended approval of the request.
Herb Fauland, Acting Zoning Administrator, stated that he had no comments to make on this
project. He made the following disclosures: he drove by the site, reviewed the executive
summary, and discussed the project with staff. He indicated that he had no contact with the
applicant or the property owner.
THE PUBLIC HEARING WAS OPENED.
Dennis D'ambra, the applicant, stated that he was willing to abide by code requirements and
guidelines.
• THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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COASTAL DEVELOPMENT PERMIT NO. 2007-011 WAS APPROVED BY THE ACTING
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 addition will not
result in an increase of more than 50% of the floor area of the existing structure.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.2007-011:
1. Coastal Development Permit No. 2007-011 for an approximately 405 sq. ft. first and
second floor addition to an existing two-story single family dwelling and a 96 sq. ft. second
floor balcony, as proposed, conforms with the General Plan, including the Local Coastal
Program land use designation of Residential -Low Density. 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
construction will occur on a previously developed site, and will not have significant adverse
effects on costal resources.
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, including maximum 40
site coverage, maximum building height, minimum yard setbacks, and required 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 a previously developed site in an urbanized area with all services and
infrastructure available, including water, sewer, and roadways.
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 PERMIT NO.2007-011:
1. The site plan, floor plans, and elevations received and dated September 18, 2007 shall be
the- conceptually approved design.
2. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification (htto://www.usqbc.of�/DisplayPage aspx?Categoryl D= 19) or Build It Green's 40
G:V.AIZAMIN\07zm1114.DOC 2 (07zm1114)
• Green Building Guidelines and Rating Systems.
(http://www.builditgreen.o[g/index.cfm?fuseaction=guidelines).
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: CONDITIONAL USE PERMIT NO.2007-037 (TAQUIERA DON VICTOR ALCOHOL
SALES
APPLICANT: Juan Sanchez, 17552 Beach Boulevard # D, Huntington Beach
CA 92647
PROPERTY OWNER: Lucia Leong, 3033 Alencastre Place, Honolulu HI 96816
REQUEST: To permit the sales of alcoholic beverages for on -site
consumption within an existing restaurant.
LOCATION: 17552 Beach Boulevard # D, 92647 (east side of Beach
• Boulevard, south of Slater Avenue)
PROJECT PLANNER: Tess Nguyen
Tess Nguyen, As:;ociate Planner, displayed project plans and photographs and stated the
purpose, location, zoning, and existing uses of the subject site. Staff presented an overview of
the proposed project and the suggested findings and conditions of approval as presented in
the Executive Summary.
Staff stated that there would be no live entertainment.
The Police Department reviewed the request and had some concerns regarding intoxicated
patrons loitering behind the premises. They suggested a condition that the rear door be used
only by employees. The condition is suggested in the Executive Summary.
Mr. Fauland disclosed that he reviewed the Executive Summary, and discussed the project
with Staff. He had no contact with the property owner nor their representative.
Staff recommended approval of the request based upon the suggested findings and subject to
the suggested conditions as presented in the Executive Summary.
THE PUBLIC HEARING WAS OPENED.
Juan Sanchez, through his interpreter, Francisco Cervantes, his son, confirmed that he was
willing to abide by the conditions. Mr. Cervantes stated that the rear door would only be used
• for the receipt of merchandise for the business.
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THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE •
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO. 2007-037 WAS APPROVED BY THE ACTING 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 15301 of the CEQA Guidelines, because the project consists of a
minor modification to an existing use within an existing commercial center.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2007-037:
Conditional Use Permit No. 2007-037 to permit the sale of alcoholic beverages for onsite
consumption at an existing restaurant 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 alcohol sales at an existing restaurant
will not generate noise, traffic, demand for parking, or other impacts detrimental to
surrounding property and inconsistent with the subject property's commercial zoning. The
site provides the necessary parking to accommodate the proposed use. Residential uses
to the east of the subject site will be adequately buffered from the restaurant by a 160 ft.
separation. The separation consists of 110-foot wide parking lot and a 50-foot wide local
street (Cameron Lane). In addition, the entrance of the restaurant is oriented away from
residential units.
2. The conditional use permit will be compatible with surrounding uses because it will permit
alcohol sales at an existing restaurant located within an existing commercial center with
adequate parking capacity, in a suite adequately buffered by a 160 ft. separation from
adjacent residential land uses to ensure no detrimental impact.
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 and any specific condition required for the proposed use in the district in which it
would be located. The restaurant is located within an existing commercial center which
conforms to land use, setbacks, building height, and landscaping standards applicable to
the General Commercial (CG) zoning designation. Alcohol sales are permitted in the CG
zone, subject to conditional use permit approval.
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 General Commercial on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan: •
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• a. Provide for the continuation of existing and the development of a diversity of retail and
service commercial uses that are oriented to the needs of local residents, serve the
surrounding region, and capitalize on Huntington Beach's recreational resources. (LU
10.1)
C,
•
b. Encourage the expansion of the range of goods and services provided in Huntington
Beach to accommodate the needs of all residents in Huntington Beach and the market
area. (ED 2.4.3)
The requested conditional use permit will accommodate an existing development by
allowing the addition of alcohol sales to a permitted land use (restaurant). The proposed
use will mart et its services to local residents and visitors to the City by providing for
additional dining service and menu options.
CONDITIONS OF' APPROVAL - CONDITIONAL USE PERMIT NO. 2007-037:
The site plan received and dated October 9, 2007 and floor plan received and dated
October 4, 2007 shall be the conceptually approved design.
2. Prior to the wile of alcoholic beverages, a copy of the Alcoholic Beverage Control Board
(ABC) license, along with any special conditions imposed by the ABC, shall be submitted to
the Planning Department for the file. Any conditions that are more restrictive than those
set forth in this approval shall be adhered to.
3. The rear door shall be used by employees only. (PD)
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 3: TENTATIVE PARCEL MAP NO.2006-235 (DAWSON SUBDIVISION)
APPLICANT/
PROPERTY OW14ER: Keith Dawson, 15581 Placid Circle, Huntington Beach, CA 92647
REQUEST: To subdivide one parcel of land and portion of a vacated street
right of way into two parcels for purposes of developing two
single family homes.
LOCATION: 1021 Alabama St., 92648 (East side of Alabama St., terminus of
Knoxville Ave.)
PROJECT PLANNER: Rami Talleh
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Rami Talleh, Associate Planner, displayed project plans and photographs and stated the
purpose, location, zoning, and existing use of the subject site. Staff presented an overview of
the proposed project and the suggested findings and conditions of approval as presented in
the Executive Summary and recommended approval of the request.
Mr. Fauland, Acting Zoning Administrator, disclosed that he had several discussions with staff,
the applicant, the applicant's engineer, and Public Works staff regarding the project.
THE PUBLIC HEARING WAS OPENED.
Dick Cahl, the applicant's engineer, stated that the overhead transmission line bisecting the
parcel could be placed underground. He detailed the strategy of how this issue could be
resolved in a different manner. He objected to undergrounding utilities and stated it had not
been done in other subdivisions on Alabama Street.
Mr. Fauland asked if he was agreeable to the other conditions of approval and if he
understood the potential restrictions and requirements that may have to be met. Mr. Cahl
stated that he understood and agreed to all the conditions of approval.
Mr. Fauland asked if the property owner was aware of the conditions of approval and potential
restrictions. Mr. Cahl stated that the owner understood the restrictions and conditions of
approval. Mr. Fauland asked if he would waive the requirement of a three day notice for
informing applicants of conditions of proposed approval as required by the Subdivision Map
Act. Mr. Cahl agreed to waive this requirement.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Fauland asked staff if conditions on November 9, 2007 memo were to replace all of the
conditions in the Executive Summary. Staff stated that two of the conditions - #1 B and #1 C -
would be replaced. There would be a new addition - Condition #D. Staff further confirmed
that Condition #1A had not changed.
Mr. Fauland asked if the property owner was responsible for replacement or relocation costs
for the current tenants of the existing four plex. Staff stated that they were not required by
code to provide assistance to the tenants.
Mr. Fauland asked Mr. Steve Bogart of Public Works to rationalize the requirement to
underground utilities for this property. Mr. Bogart stated that it stems from the General Plan to
run all utilities underground throughout the city. It is a condition of approval for this project.
Mr. Fauland stated that he would not require condition #1A, as it is too costly and that other
subdivisions in the immediate area were not required to underground their utilities.
TENTATIVE PARCEL MAP NO.2006-235 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. 0
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•
FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and its 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 subdivision of two parcels of land for purposes of developing two residential units.
FINDINGS FOR APPROVAL - TENTATIVE TRACT MAP NO. 2006-235:
1. Tentative Tract Map No. 2006-235 for the subdivision of one parcel of land consisting of a
portion of vacated street right-of-way into two parcels for purposes of developing two single
family homes is consistent with the General Plan Land Use Element designation of RMH
(Residential Medium High Density) on the subject property. The proposed subdivision
complies with all applicable code provisions of the Subdivision Map Act and the Huntington
Beach Zoning and Subdivision Ordinance. The site is developed with four residential units.
The project will result in the demolition of units and facilitate the construct of two single
family units, the maximum allowed by code.
2. The site is physically suitable for the type and density of development. The site is currently
developed with four residential units and vacated street right-of-way improvements that will
be demolished prior to recordation of the map. 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. as required by the RMH-A (Residential Medium High Density — Subdistrict
A) zoning district. The proposed subdivision complies with the City's Standard Engineering
Specifications for improvement and design, floodwater drainage control, appropriate
improved public roads, sanitary disposal facilities, water supply availability, and
environmental protection.
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 site is currently developed with four residential units and
vacated right-of-way improvements and does not serve as habitat for either 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
subdivision unless alternative easements, for access or for use, will be provided. Any
remnant easements within the vacated street right-of-way is conditioned to be quitclaimed
prior to recordation of the final map. In addition a Southern California Edison (SCE)
transmission line currently runs over the vacated right-of-way. The project is conditioned to
comply with alll SCE requirements for under -grounding or relocating the transmission line
prior to recordation of the final map.
CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO.2006-235:
1. The Tentative Parcel Map No. 2006-235 for the subdivision of one parcel of land and
portion of a vacated street right-of-way into two parcels for purposes of developing two
single family homes received and dated September 4, 2007 shall be the approved layout.
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2. Prior to submittal of the final tract map to the Public Works Department for processing and
approval, the following shall be required: (PW)
a. The existing overhead SCE electrical transmission line crossing "Parcel 1" of the
subject tentative parcel map from the SCE pole at the southeast comer of Alabama
Street and Knoxville Avenue westerly to the SCE pole directly west of "Parcel 1" (in the
abandoned Southern Pacific Railroad Right -of -Way) shall be addressed with SCE by
the applicant. The applicant shall comply with all requirements set forth by SCE (i.e.
easement, under -grounding, relocating, etc.) and proof of their requirements shall be
submitted to Public Works along with submittal of the Final Parcel Map for first plan
check. All remaining easements within both lots of subject map shall also be shown on
the Final Parcel Map.
b. The applicant shall abandon the City's "Permanent Easement' over "Parcel 1" of the
subject tentative parcel map via a formal street vacation process through the Planning
and Public Works Departments or via the Final Parcel map. This "Permanent
Easement' is defined by Resolution No. 6636, adopted by the City Council on October
3. 1994, as 'The City hereby reserves and excepts from the vacation (for street
purposes) a permanent easement and right at any time or from time to time, to
construct, maintain, operate, replace, remove and renew storm drains, sanitary sewers,
water mains and appurtenant structures in, upon, over and across such street or any
vacated portion thereof, or otherwise to construct, maintain, operate, replace, remove,
renew and enlarge lines of pipe, conduits, cables, wires, poles, and telegraphic and
telephone lines, railroad lines, and for the transportation or distribution of electric
energy, petroleum and its products, ammonia, water, and incidental purposes, including
access and the right to keep the property free from flammable materials. Wood growth, •
and otherwise protect same from all hazards in, upon, and over the easement for public
street purposes to be vacated of a portion of Knoxville Avenue"
c. Along with submittal of the Final Parcel Map for first plan check, the applicant shall
provide quitclaim deeds for abandonment of all other existing easement interests and
rights to the remaining, undeveloped portion or Knoxville Avenue (westerly of Alabama
Street) by any and all parties who hold interest in such property. The original map of the
Vista Del mar Tract (MM 4, Page 3 of Official Records of Orange County) indicates,
"Rights to use the streets and alleys (for public utility purposes)..." were also dedicated
to the "owner" at the time of the subject land subdivision. City records indicate this
present holder of such easements is Chevron Corporation (formerly held by Huntington
Beach Company). Additionally, other utility companies, including but not limited to: oil
companies, Southern California Gas Company, Time Warner and Verizon, may hold
easements for access and utility purposes over the subject property as well.
3. Incorporating sustainable or "green" building practices into the design of the proposed
structures and associated site improvements is highly encouraged. Sustainable building
practices may include (but are not limited to) those recommended by the U.S. Green
Building Council's Leadership in Energy and Environmental Design (LEED) Program
certification (hftr)://www.usqbc.org/DisplayPage.aspx?CategorvlD=19 or Build It Green's
Green Building Guidelines and Rating Systems
(hftp://www.builditgreen.orgrindex.cfm?fuseaction=quidelines)
•
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•
•
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 ACTING ZONING ADMINISTRATOR
TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAII, NOVEMBER 21, 2007 AT 1:30 PM.
Herb Fauland
Acting Zoning Administrator
:pa
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