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HomeMy WebLinkAbout1987-06-24MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 24, 1987 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: Michael Strange, Acting Administrator STAFF MEMBERS PRESENT: Laura Phillips MINUTES: MINUTES OF THE REGULAR MEETING OF JUNE 17, 1987, WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, AS TRANSCRIBED NOTE: Per a Legal Opinion by Gail Hutton, City Attorney, dated June 19, 1987, the Zoning Administrator, as successor to the Board of Zoning Adjustments, was empowered to approve the Minutes of the last Regular Meeting of the Board. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-42 Applicant: Seaspray Homeowners Association A request to permit a twelve foot (12') high block wall in lieu of maximum permitted eight foot (8') high wall. Subject property is located at 21372 Brookhurst Street (East side of Brookhurst Street approximately five hundred feet (500') North of Hamilton Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reported that this was a request to install a twelve foot (12') high block wall between the subject property and the Kentucky Fried Chicken property to the South. The Homeowners Association has had problems with people jumping over the existing fence to use the swimming pool and other facilities of the condominium project. The new wall would extend behind and over some of the carport areas. Staff recommended approval only of an eight foot (8') high walk.. Minutes, Office of Zoning Administrator June 24, 1987 Page 2 Upon questioning by Michael Strange, Acting Zoning Administrator, Staff stated a variance would not be needed for the eight foot (8') high wall. The Public Hearing was opened by Mr. Strange. Dennis Sundberg, President of Seaspray Homeowners Association, was present and stated the request was intended for two (2) sections of wall. He added that the southerly area adjacent to Kentucky Fried Chicken would be satisfactory at eight feet (8'). However, the.area behind Kentucky Fried Chicken and the gas station would need to be much higher. Mr. Sundberg pointed out that the lot was of an "L" shape and the fence adjacent to the chicken shop was installed at a height of five feet (5'). Mr. Strange noted that not many children would be able to scale an eight foot (8') high wall if the wall was increased to that height. A discussion ensued between Mr. Strange, Mr. Sundberg and Ms. Phillips regarding a misinterpretation of the wall areas involved in the application. Staff stated she had not inspected the area at the rear of the property behind the gas station because it had not been called out on the application. After further discussion, the applicant requested a continuance of one week to give Staff an opportunity to study the involved area. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. THE ACTING ZONING ADMINISTRATOR GRANTED A ONE (1) WEEK CONTINUANCE ON CONDITIONAL EXCEPTION NO. 87-42 TO THE REGULAR MEETING OF JULY 1, 1987. CONDITIONAL EXCEPTION NO. 87-48 Applicant: D'Ambra, Inc. A request to permit a reduction in required minimum open space dimension from twenty feet (20') to eighteen feet one inch (18'-1"). Subject property is located at 6732 Via Carona Drive (Southeast corner of Via Carona Drive and Avilla Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff stated the request was for a reduction in the required minimum open space dimension. The total open space area is met but the dimension does not meet the Code. The applicant has a corner lot with a sixty-five foot (651) width. Staff recommended denial of the request because there was no land -related hardship. L� -2- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 3 The Public Hearing was opened and Dennis D'Ambra was present. He stated the lot was only fifty-four feet (54') wide, not sixty-five feet (65') as reported by Staff. Ms. Phillips reminded Mr. D'Ambra the site plan he submitted indicated sixty-five feet (65'). Mr. D'Ambra stated the land -related hardship they were basing the request on was because of the side yard setbacks. He added the residence had been constructed with nine foot (9') side yard setbacks instead of the required five feet (5') and an additional two feet (2) was lost in the back yard. Mr. D'Ambra stated that the property owner was the only one in the neighborhood who could not add onto his residence without a variance. He further stated the family needed the additional space to provide a more comfortable environment. There was a discussion between the Acting Zoning Administrator and Mr. D'Ambra regarding the corner cutoff, possibility of locating the addition in another area, and the possibility of adding a second story to gain the desired space. The applicant stated the property owners felt the second story addition would be far too expensive for their budget. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Strange again explained that a land -related hardship needed to exist before a Conditional Exception could be granted. He added there did not appear to be such a hardship existing in this instance. CONDITIONAL EXCEPTION NO. 87-48 WAS DENIED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS: FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. This.is a sixty-five foot by ninety-nine and one-half foot (65' x 99.51) lot with no unusual features. 2. Since the subject property can be fully developed within regular established setbacks, such a Conditional Exception is not necessary for the preservation and enjoyment of substantial property rights. 3. Granting of Conditional Exception No. 87-48 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. -3- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 4 4. The subject property was legally subdivided and developed in a manner consistent with applicable.zoning:laws:':. 5. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. CONDITIONAL EXCEPTION NO. 87-49 Applicant: Larry Slonim, Architect A request to permit a garage addition to have a twenty foot (20') front yard setback in,lieu of a.twenty-two foot (221) setback. Subject property is located at 19771 Gloucester Lane (West side of Gloucester Lane approximately two hundred fifty feet .(250' ) South of Cape Cod Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act,.-1986, . ,_-, - I � , I i According to Staff, the:applicant�has,,a side entry -garage which is set back at twenty feet (201)., He is proposing -to -convert that garage and establish another one,at twenty feet (201) instead of the required twenty-two feet (221). The lot is of standard size. Staff added that the applicant could move the garage back two feet (2') and still have the required inside dimensions. Staff did not find a land -related hardship and recommended -denial of the request. The Public Hearing was opened and the applicant, Larry Slonim, was present. Mr. Slonim stated that the entire neighborhood had twenty foot (201) setbacks and it -would be imposing.a hardship on his client to require the twenty-two,foot�(22.') setback. 'He added they were attempting to maximize.the use of the.existing garage and new addition, and his client was. -not being allowed privileges enjoyed by other residents on the street. Mr. Strange asked about the width of the drive approach. The applicant stated it was presently at ten feet (101) but they wanted to widen it to fifteen feet (151). Mr. Strange explained the property owner would need approval of,the--Public•Works.Department for that action. He.concurred with the..applicant regarding other, properties in the neighborhood having twenty -foot (20') setbacks but reminded him the Code had been changed to presently require twenty-two feet (221) in an R-1 Zone. Mr. Strange added that, since the lot was of standard size, he could,find no land -related hardship for granting a variance. Mr. Slonim said he had not been made aware at the time he filed the application that a land -related hardship was the only grounds for granting a variance; otherwise, they would have taken another course of action. He added the property owner intended to install roll -up doors on the new garage addition. -4- 6/24/87 - OZA 1 Minutes, Office of Zoning Administrator June 24, 1987 Page 5 There was no one else present wishing to speak for or against the request so the Public Hearing was closed. CONDITIONAL EXCEPTION NO. 87-49 WAS DENIED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS: FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. This is a standard rectangular sixty foot by one hundred foot (60' x 1001) lot with no unusual topography. 2. Since the subject property can be fully developed within regular established setbacks, such a Conditional Exception is not necessary for the preservation and enjoyment of substantial property rights. The site can be developed with the required twenty-two foot (22') setback. 3. Granting of Conditional Exception No. 87-49 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 4. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. 5. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. USE PERMIT NO. 87-45 Applicant: Blair Ballard, Architect A request to permit one thousand (1,000) Square Foot recreation room addition to an apartment complex. Subject property is located at 6762 Warner Avenue (South side of Warner Avenue approximately nine hundred seventy-five feet (975') West of Golden West Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported this was a request to add a recreation room between two (2) existing apartment buildings by enclosing a breezeway area. The Fire Department has not reviewed these new plans but it appears fire protection accessibility would be a problem. The Fire Department had initially required sprinklers on the project. Staff -5- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 6 recommended a continuance for one (1) week to give the Fire Department an opportunity to review the revised "plans. The Public Hearing was opened and Blair Ballard, the applicant, was present. Mr. Ballard said he had not had an opportunity to,speak with Fire Department representatives since he was informed of the problem regarding distance from the fire hydrants. He added he did not wish to install sprinklers in all the buildings. There was a discussion regarding the use of the enclosed area for rest rooms, exercise rooms, etc. Staff then added the project could be -approved subject.to compliance with Fire Department regulations. Ann Miller, 6821 Rook Drive, spoke in opposition to the request since the apartment buildings were adjacent to the residence where she and her husband had lived for fourteen (14) years. She added the tenants of the apartment complex.had been extremely noisy, irresponsible about tossing -bottles, cans and-trash.into.their yard and pool, etc.. She -felt the addition of a:recreation.room would increase the noise, lead to loud parties which would overflow into the parking lot, and other incidental problems. The applicant reminded the Acting Zoning Administrator that this area would be used primarily as an exercise room with equipment - not as a party room. Mr. Strange asked if the applicant would have any objections to placing restrictions on the hours -of operation and Mr. Ballard said it would be -agreeable to -his client. There was no one else present wishing to speak for or.against the project so the Public Hearing was closed. USE PERMIT NO. 87-45 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare -of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 87-45 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. -6- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 7 SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 3, 1987, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Fire access to the proposed addition and adjacent buildings shall be reviewed and approved by the Fire Department prior to issuance of building permits. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Proposed structures shall be architecturally compatible with existing structures. 7. Hours of operation shall be from 8:00 A.M. to 11:00 P.M. daily. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 87-45 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. USE PERMIT NO. 87-46 Applicant: William Ellis/Huntington Seacliff A request to permit a temporary outdoor event in Seacliff Village parking lot on July 4, 1987, from 11:30 A.M. to 3:30 P.M. Subject -7- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 8 property is located at 2205 Main Street (Northwest corner of Main Street and Yorktown Avenue). This request is covered by Categorical Exemption,: Class 4, California Environmental Quality Act, 1986. Staff said this was a request to cover a temporary outdoor event similar to those which have been held annually for the past several years. The event is held in the shopping center parking lot at the close of the "Fourth of July Parade". Staff recommended approval with conditions. The applicant's representative, Marge Smith, was present and agreed to comply with the conditions as presented by Staff. Mr. Strange reminded Ms. Smith the Fire Department would not want any type of structures, or items such as tables, placed in the fire lanes and that the area where alcoholic beverages would be served would need to be roped off. Ms. Smith agreed to these stipulations. USE PERMIT NO. 87-46 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: CONDITIONS OF APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general -welfare of.persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 87-46 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF APPROVAL: 1. The site plan received June 4, 1987, shall be the approved layout. 2. The applicant shall obtain necessary electrical permits. 3. Prior to the operation of any equipment used in conjunction with the "special event", the City shall inspect to insure that the State of California - OSHA Certification - is current. -8- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 9 4. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. 5. All Alcoholic Beverage Control requirements shall be met. 6. A layout and circulation plan shall be approved by the Fire Department prior to the event. Fire access lanes shall be maintained. 7. An on -site inspection by the Fire Department may be required prior to the event. 8. Appropriate temporary signs for the direction of traffic and on -site parking shall be provided by the applicant. The signs, location and content shall be as required by the Traffic Division of the Police Department. The subject signage shall be removed immediately after the event has been concluded. 9. If applicable, the applicant shall submit to the Police Department a request to operate "games of chance" for their review and approval prior to the event. 10. The applicant shall provide for clean-up of the area after closing of the event. 11. Any outside cooking facilities shall be approved as to type and location by the Fire Department prior to the event. 12. A Certificate to Operate shall be issued by the Department of Community Development prior to operation of the event as required by Section 9730.8 of the Ordinance Code. 13. An area shall be designed and roped off for beer and wine, controlled by a security person with signs. The applicant should check with the Police Department for particulars prior to the event. NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your complete Temporary Outdoor Event application a minimum of four (4) weeks prior to the event for adequate review and processing. If this procedure is not followed, your application will not be Qrocessed. Also, for your information, you may process up to three (3) one -day events at a time provided they are all within a few months of one another. -9- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 10 USE PERMIT NO. 87-47 Applicant: West County Family YMCA A request to permit a temporary outdoor event in a shopping center parking lot on July 5, 1987, from 10:00 A.M. to 2:00 P.M. Subject property is located at 18685-H Main Street (Northeast corner of Delaware Street and Main Street. This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff reported this was a request for a temporary outdoor event to be held in a shopping center parking lot. Staff recommended approval of the event with conditions. The applicant's representative, Allen Friedrich, was present and stated they would have the area roped off so traffic would be diverted around it. Mr. Strange reminded Mr. Friedrich the Fire Department wanted the drive aisle relocated and kept open. The applicant's,representative agreed to the conditions and stipulations. USE PERMIT NO. 87-47 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 87-47 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map.. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated June 8, 1987, shall be the approved layout. 2. Applicant shall provide for clean-up of the area after closing of the event. -10- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 11 3: Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. (No tables, chairs, etc., shall be allowed in the fire lanes). 4. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The use shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your complete Temporary Outdoor Event application a minimum of four (4) weeks prior to the event for adequate review and processing. If this procedure is not followed, your application will not be processed. Also, for your information, you may process up to three (3) one -day events at a time provided they are all within a few months of one another. TENTATIVE PARCEL MAP NO. 87-283 Applicant: Pacific Coast Corporation A request to create four (4) parcels for development purposes. Subject property is located at Metzler Lane just South of Belva Drive and adjacent to SPRR right-of-way. This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. Staff stated that a representative of the applicant had requested a continuance for one (1) week and had presented a letter to that effect. Mr. Strange asked Staff if Ron Pattinson (who had presented the letter) had been listed on the application as a representative. Ms. Phillips replied the application had been signed by Orin G. Berge, Jr., President of Pacific Coast Corporation. -11- 6/24/87 - OZA Minutes, Office of Zoning Administrator June 24, 1987 Page 12 Based on concurrence of -such action by Art Folger-of the City Attorney's office, Michael Strange stated he would grant the continuance at the request of the applicant's representative. TENTATIVE PARCEL MAP NO. 87-283 WAS CONTINUED BY THE ACTING ZONING ADMINISTRATOR TO THE REGULAR MEETING OF JULY 1, 1987. There was no further business to be presented for review. THE ACTING ZONING ADMINISTRATOR ADJOURNED THE REGULAR MEETING TO A STUDY SESSION ON MONDAY, JUNE 29, 1987, AT 10:00 A.M. ames W. Palin C Zoning Administrator jgh (8589d) -12- 6/24/87 - OZA 1