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HomeMy WebLinkAbout1987-07-221 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 22, 1987 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: Michael Strange Acting Zoning Administrator STAFF MEMBERS PRESENT: Laura Phillips Pamela Posten MINUTES: MINUTES OF THE REGULAR MEETING OF JULY 1, 1987, WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, UPON AUTHORITY OF DENNIS KREJCI WHO HAD PRESIDED AS ACTING ZONING ADMINISTRATOR ON THAT DATE, AS TRANSCRIBED MINUTES OF THE REGULAR MEETING OF JULY 15, 1987, WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, AS TRANSCRIBED REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-52 (Cont. from 7/15/87) Applicant: Clarence W. and Donalie J. Hunt A request to permit a five foot (5') exterior side yard setback in lieu of the required ten foot (10') setback. Subject property is located at 302 Twenty-first Street (Northeast corner of Olive Avenue and Twenty-first Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. - The Staff member, Laura Phillips, noted that this application had been continued, at the applicant's request, from the previous meeting to give Staff and the applicant additional time to review the project. Staff recommended approval of the request with conditions. Michael Strange, Acting Zoning Administrator, reminded the applicant the Public Hearing had been left open at the previous meeting. The Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 2 applicant, Clarence W. Hunt, stated he had no further comments relative to the project. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Strange stated he would approve the project with Findings and Conditions as outlined by Staff. CONDITIONAL EXCEPTION NO. 87-52 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. Granting a reduction in setback from ten feet (10') to five feet (5') will not reduce the required total open space area (1200 Square Feet). 2. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. Other structures in the Townlot area are built to five foot (51) exterior side yard setbacks. 3. The granting of Conditional Exception No. 87-52 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The floor plans and elevations received and dated June 16, 1987, shall be the approved layout. 2. The site plan dated June 16, 1987, shall be resubmitted, depicting the modifications described herein: a. Provide ten foot (101) corner cutoff at alley (six foot (61) high wall encroaches). 3. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 2 and 4 of Huntington Beach Tract, Block 320. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 4. Prior to issuance of building permits, the applicant shall submit the following plans: -2- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 3 a. Landscape and irrigation plan to the Department of Community Development and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 5. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 6. Provide alley and street radius dedications, and any improvements as required by the Public Works Department. 7. 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. 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. 10. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. Landscaping shall comply with Article 913 of the Huntington Beach Ordinance Code. COASTAL DEVELOPMENT PERMIT NO. 87-18 ADMINISTRATIVE REVIEW NO. 87-26 Applicant: Kar Kare Parking Systems A request to permit a seasonal parking lot for approximately one hundred sixty (160) cars. Subject property is located on the North side of Pacific Coast Highway between Twenty-first Street and Twenty-second Street. This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. -3- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 4 Staff reported this was a request to allow a seasonal parking lot on property located between Pacific Coast Highway and Walnut Avenue and between Twenty-first Street and Twenty-second Street. The applicant has indicated fencing is already in place but a Public Works representative has stated the fencing should not be allowed. The applicant said he had permission from the City Engineer; however, the City Engineer is not available for comment. Staff has included a condition which states written permission must be obtained from Public Works for the area to be fenced. Staff recommended approval of the request with conditions. The Public Hearing was opened and John Bonanni was present to represent the applicant. Mr. Bonanni stated he would comply with the conditions as outlined by Staff. Ms. Phillips mentioned again that she had spoken with Bruce Gilmer of Public Works Traffic Division and he had stated the fence would have to come down. Mr. Serend, 124 Sixteenth Street, asked how the applicant could install fencing if the alleys were public property. Mr. Strange stated that apparently there was a difference of opinion in the Public Works Department relative to allowing this procedure. He reminded the speaker that the project was being conditioned to obtain approval of the fencing. Mr. Serend said he was against allowing public property to be fenced for private enterprise and commercial -profit. Mr. Strange stated the alleys were not improved but had been dedicated for future public use. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. The Acting Zoning Administrator approved the request with conditions as stipulated by Staff. COASTAL DEVELOPMENT PERMIT NO. 87-18 AND ADMINISTRATIVE REVIEW NO. 87-26 WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-18: 1. The proposed seasonal parking lot conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 1 -4- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 5 3. At the time of occupancy, the proposed seasonal parking lot can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed seasonal parking lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-18: 1. The site plan received and dated July 6, 1987, shall be the approved layout, subject to approval of the Public Works Department. 2. The Conditions of Approval of Administrative Review No. 87-26 shall be applicable. CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO, 87-26: 1. The applicant shall submit written confirmation to the Planning Division that the site plan dated July 6, 1987, is acceptable to the Department of Public Works with regard to fencing and vehicular access to the site. 2. The parking lot shall be totally enclosed prior to opening of the parking lot to prevent indiscriminate pedestrian access. 3. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three feet (3') in height, solidly built. At a minimum, posts shall consist of four inch by four inch (4" x 4") wood or equivalent metal posts a minimum of one and one-half inches (1-1/2") in diameter securely set in the ground and placed eight feet (8') on center. The posts shall be connected with at least one (1) strand of one-half inch (1/2") cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. 4. Lots shall be surfaced to meet specifications of the Public Works, Fire and Community Development Departments for support of vehicles and to provide dust control. 5. All aisle dimensions, bay depths, driveway widths, circulation and turning radii shall comply with Article 979 and Fire Department requirements. 6. All striping shall be accomplished and approved prior to the opening of the lot. -5- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 6 7. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. Any trash accumulated on the lot shall be cleaned up on a daily basis. 8. Lots shall be secured to prevent overnight parking between the closing hour of one business day and the opening hour of the following business day. 9. An attendant shall be on duty at all times during business hours. 10. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On -site signs shall not exceed twelve (12) Square Feet and shall not be more than eight feet (8') high nor less than six feet (6') high. Said signs shall be removed from the site each season no later than the third weekend each September. 11. An approved fire extinguisher shall be provided on the premises during`business hours. 12. A Certificate of Insurance and a Hold Harmless Agreement, in an amount deemed necessary by the Administrative Services Department, shall be filed with them at least five (5) days prior to opening the parking lot: 13. The conceptual site plan received and dated July 6, 1987, shall be approved by the Traffic Division of the Department of Public Works for internal circulation and ingress and egress. 14. An inspection shall be made by Land Use and'the Public Works Department to insure that the above -imposed conditions have been met prior to opening of business. 15. Surfacing and/or oiling of the parking lot shall be to the satisfaction of the Department of Public Works. 16. No signs, swags, cables, post -signs, etc., shall be allowed in the public right-of-way. 17. Dust control shall be provided subject to Public Works requirements. 18. The cashier's booth shall be located so as to prevent stacking into the streets. -6- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 7 COASTAL DEVELOPMENT PERMIT NO. 87-21 ADMINISTRATIVE REVIEW NO. 87-24 Applicant: William Russell Paxson A request to permit a seasonal parking lot with approximately ninety (90) spaces. Subject property is located on Pacific Coast Highway between Ninth Street and Tenth Street. This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. According to Staff, this particular property extends northerly from Pacific Coast Highway to the alleyway between Ninth Street and Tenth Street, and it will not take any public property. Staff recommended approval with conditions such as dust control and Fire Department approval. Mr. Strange inquired of Staff as to whether a letter of approval was required from the Public Works Department relative to this request .and Staff replied negatively. The Public Hearing was opened and the applicant, William Russell Paxson, was present. Mr. Paxson stated the parking lot was operated for benefit of the Boy Scouts of America. He added that this would be the last year for operation of the lot since structures were going to be built on the property later this year. Mr. Paxson also said there had been a type of surface on the lot in previous years but the heavy equipment had basically torn it out. He further stated they had difficulty with dust control but had been watering down the lot to prevent the dust. Mr. Paxson said he lived next door to the area and had not experienced a dust problem from the parking lot property. Mr. Strange asked the applicant if access to the property was the same as in previous years. The applicant said it was but they will have to make other arrangements when the construction company tears down the fence. Mr. Paxson added he personally cleaned the area on Monday mornings after the boys took care of the cleaning on Saturday and Sunday. The question was asked by Mr. Strange as to why the heavy equipment was present in the area and Mr. Paxson explained it was there to remove oil well equipment. Roy Smith, 113 Tenth Street, said he lived on Tenth Street and had purchased his home about six months ago. He objected to using the property as a seasonal parking lot because the prevailing winds carried dust from the lot onto his property. Mr. Smith said he had made a substantial investment in his residence but could not even use his patio without first cleaning up the dust. He added the -7- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 8 Huntington Beach Specific Plan stated only residential development was to be permitted on the lot proposed for use as a public parking lot, and the loss of ninety (90) parking spaces would not heavily impact the parking situation in the City of Huntington Beach. Michael Thompson stated he had not noticed any change in dust and traffic patterns, and he did not feel operation of the lot would create any major problem for such a short period of time. He further added that Mr. Smith might be experiencing dust problems from another lot in the area because the winds would not carry from this particular lot to Mr. Smith's residence. Mr. Paxson agreed with this statement. Michael Strange informed Mr. Paxson it would be his responsibility to control the dust problem in the event the request was approved - even if the lot had to be watered down on a daily basis. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 87-21 AND ADMINISTRATIVE REVIEW NO. 87-24 WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-21: 1. The proposed seasonal parking lot conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed seasonal parking lot can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed seasonal parking lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-21: 1. The site plan received and dated June 30, 1987, shall be the approved layout. 2. All Conditions of Approval of Administrative Review No. 87-24 shall be applicable: -8- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 9 SPECIAL CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO. 87-24: 1. The conceptual site plan received and dated June 30, 1987, shall be approved by the Traffic Division of the Department of Public Works for internal circulation and ingress and egress. 2. The parking lot shall be totally enclosed prior to opening of the parking lot to prevent indiscriminate pedestrian access. 3. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three feet (3') in height, solidly built. At a minimum, posts shall consist of four inch by four inch (4" x 4") wood or equivalent metal posts a minimum of one and one-half inches (1-1/2") in diameter securely set in the ground and placed eight feet (8') on center. The posts shall be connected with at least one (1) strand of one-half inch (1/2") cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. 4. Lots shall be surfaced to meet specifications of the Public Works, Fire and Community Development Departments for support of vehicles and to provide dust control. 5. All aisle dimensions, bay depths, driveway widths, circulation and turning radii shall comply with Article 979 and Fire Department requirements. 6. All striping shall be accomplished and approved prior to the opening of the lot. 7. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. Any trash accumulated on the lot shall be cleaned up on a daily basis. 8. Lots shall be secured to prevent overnight parking between the closing hour of one business day and the opening hour of the following business day. 9. An attendant shall be on duty at all times during business hours. 10. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists -9- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 10 entering the parking lot. On -site signs shall not exceed twelve (12) Square Feet and shall not be more than eight feet (81) high nor less than six feet (6') high. Said signs shall be removed from the site each season no later than the third weekend each September. 11. An approved fire extinguisher shall be provided on the premises during business hours. 12. A Certificate of Insurance and a Hold Harmless Agreement, in an amount deemed necessary by the Administrative Services Department, shall be filed with them at least five (5) days prior to opening the parking lot. 13. An inspection shall be made by Land Use and the Public Works Department to insure that the above -imposed conditions have been met prior to opening of business. 14. Surfacing and/or oiling of the parking lot shall be to the satisfaction of the Department of Public Works. 15. No signs, swags, cables, post -signs, etc., shall be allowed in the public right-of-way. 16. Dust control shall be provided subject to Public Works requirements. 17. The cashier's booth shall be located so as to prevent stacking into the streets. CONDITIONAL EXCEPTION NO. 87-55 Applicant' Richard P. Kelter A request to permit a five foot (5') exterior side yard in lieu of a ten foot (101) exterior side yard and to permit a thirty foot (30') high building within twenty-five feet (251) of rear property line in lieu of twenty-two feet (22') high. Subject property is located on the Northeast corner of Seventeenth Street and Walnut Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Ms. Phillips said the applicant was requesting two variances on this particular project and that he was proposing triplexes on adjacent lots with reciprocal access driveways. Access to the project would be from Seventeenth Street. The Code was changed in May of this year to require the ten foot (10') exterior side yard setback and the applicant is requesting a five foot (5') setback. The second variance is for the height of the building. Mr. Kelter is requesting a thirty foot (30') high building within twenty-five feet -10- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 11 of the rear property line but the Code only allows twenty-two feet (22'). Staff recommended denial of the height request but approval of the side yard setback request. The setback variance will be contingent upon approval by the City Council of a proposed Code Amendment and will not become effective until that approval date. Staff did not find any land -related hardship for granting the height variance and added the buildings could be turned on the lots. The Public Hearing was opened by the Acting Zoning Administrator and the applicant, Richard P. Kelter, was present. Mr. Kelter stated he would have no problem with meeting the height requirement since he had originally presented two concepts to Staff. The applicant asked when the Code Amendment was expected to become effective insofar as the side yard setback was concerned, and Mr. Strange said he thought it was scheduled for the meeting of August 4, 1987. Mr. Kelter stated that would not help him. Michael Thompson, 205 Sixteenth Street, Unit "A", said he owned and lived in the residential property behind the proposed project. He further stated he had no objections to the development with regards to the rear yard setback - even if the applicant reversed the buildings. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Mr. Strange said he would accept Staff's recommendations for approval of the side yard setback variance because it would give the applicant parity with surrounding properties, and he was also accepting Staff's recommendation for denial of the height variance. CONDITIONAL EXCEPTION NO. 87-55 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR FOR SIDE YARD SETBACKS BUT DENIED FOR THE HEIGHT VARIANCE, WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR DENIAL - HEIGHT OF BUILDING: 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, for granting of a height variance 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 building can be easily modified to meet height requirements. -11- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 12 3. Granting of Conditional Exception No. 87-55 for height of the building would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 3. The proposed structure will not be compatible with adjacent properties. FINDINGS FOR APPROVAL - EXTERIOR SIDE YARD SETBACK REQUEST: 1. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. Other properties in the Townlot area have been developed with five foot (5') exterior side yards. 2. The granting of Conditional Exception No. 87-55 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 3. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. 4. The City is currently processing a Code Amendment which proposes five foot (5') exterior side yards. SPECIAL CONDITIONS OF APPROVAL - EXTERIOR SIDE YARD SETBACK REQUEST: 1. The site plan, floor plans, and elevations received and dated July 13, 1987, shall be the approved layout, with the modifications described herein: a. Reverse rear units to meet maximum height requirement 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 2 and 4 and 6 and 8 of Huntington Beach Tract, Block 216. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 3. 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. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. -12- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 13 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Provide alley dedication and corner radius, and improvements as required by Public Works. 6. Prior to issuance of building permits, Ordinance No. 2908 must be approved by the City Council and in effect. 7. 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. 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. 10. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 11. Prior to issuance of building permits, the subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject sites. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development prior to occupancy. 12. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. Landscaping shall comply with Article 913 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke Conditional Exception No. 87-55 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. -13- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 14 USE PERMIT NO. 87-56 Applicant: Bryde Mossman A request to permit the addition of three (3) units to a single family dwelling (for a total of four (4) units). -Subject property is located at 2513 Delaware Street (West side of Delaware Street approximately eighty feet (80') North of Yorktown Avenue. This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. Staff reported the applicant had provided revised plans for the project. There is an existing house and the applicant wants to add three (3) more units. He is in compliance with parking, setbacks and other Code requirements. Staff recommended approval with conditions, one of which was that Parking Spaces 5 and 7 be increased to twelve feet (12') in width and the turnaround area should be striped indicating "NO PARKING". The Public Hearing was opened and Bob Bryde was present to represent the applicant. Mr. Bryde said working out plans for this project had been a difficult process and he wished to thank Staff members for their help and support. He agreed to the conditions as presented by Staff. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. USE PERMIT NO. 87-56 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. 87-56 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. -14- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 15 SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 21, 1987, shall be the approved layout, with the modifications described herein: a. Increase width of Parking Spaces 5 and 7 to twelve feet (12') b. Provide patio for Unit C 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. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Turnaround area adjacent to trash enclosure and laundry room shall be striped for "NO PARKING". 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low -volume heads shall be used on all spigots and water faucets. 9. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 10. All applicable Public Works fees shall be paid prior to issuance of building permits. -15- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 16 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. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 4. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 5. The Zoning Administrator reserves the right to revoke Use Permit No: 87-56 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. REVOCATION OF HOME OCCUPATION PERMIT NO. 87-3 Licensee: Joseph Morrison GENERAL REASON: Alleged violation of Section 9730.36 (h) of the Huntington Beach Ordinance Code, relating to over -night street parking of a commercial vehicle used in conjunction with the business. GENERAL LOCATION: 10042 Edye Drive, Huntington Beach, California 92648. Staff reported a complaint was received in December of 1986 that the licensee was parking a commercial truck (sometimes loaded with trash) outside a residence approximately seven (7) houses away from his own. The licensee was advised at that time he was in violation of his Home Occupation Permit by parking the truck in a residential area. Complaints were again received and on March 4, 1987, the licensee was advised he would be subject to revocation of his license if these violations continued. No violations were noted until recently when the neighbor again reported the truck was parked outside his residence and an inspection by Don Shaw, Land Use Technician, revealed this to be true. Because of these repeated violations, Staff recommended revocation of the permit. The Public Hearing was opened and the licensee was not present. -16- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 17 Jim Van Eimeren, 10112 Edye Drive, stated the problem had existed for over a year and the vehicle had been parked near his residence for the past three or four days. He added that the truck is generally filled with trash and parked there so often the street rarely gets cleaned. Mr. Van Eimeren said that, since Mr. Morrison was not present today and there had been real estate agents going in and out of the house, it was possible the licensee was selling his residence. Mr. Van Eimeren asked how long the licensee could continue in business in violation of his permit. Mr. Strange explained that the purpose of the hearing was to determine whether or not Mr. Morrison was in violation. There was no one else present wishing to speak for or against the licensee so the Public Hearing was closed. The Acting Zoning Administrator asked Staff if the item had been referred to the City Attorney's office prior to the hearing. Staff said she was unaware of any such referral by Don Shaw. Michael Strange stated he would revoke the permit based on information supplied in the file prepared by Don Shaw and by the testimony of Mr. Van Eimeren. A DECISION FOR REVOCATION OF HOME OCCUPATION PERMIT NO. 87-3 WAS RENDERED BY THE ACTING ZONING ADMINISTRATOR. REVOCATION OF HOME OCCUPATION PERMIT NO. 87-4 Licensee: Mark Stemmer GENERAL REASON: Alleged violation of Sections 9730.36 (a), (c), (f), and (i) of the Huntington Beach Ordinance Code, relating to operating a business from the garage, employment of persons residing off the premises, increase in vehicular traffic, and creating noise disturbances. GENERAL LOCATION: 509 Seventh Street, Huntington Beach, California 92648. Staff reported that complaints were first received in January, 1987, that trucks were loading and unloading equipment at the residence. In March of this year, Mark Stemmer was asked to appear before the Board of Zoning Adjustments because he was reported to be in violation of his Home Occupation Permit. The Board determined that the permit should be placed on probation and Mr. Stemmer was given a list of conditions with which to comply in order to continue his business from his residence. Since that time, further complaints have been received and a tape was sent to our office which gave evidence of noises in the alley. It has been reported that employees bring trucks into the alley and equipment repairs are -17- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 18 being made in the garage. Staff has also received three (3) other telephone calls complaining about noise from the chain saws and employees coming and going from the area. Staff recommended revocation of the permit. The Public Hearing was opened and Mark Stemmer, the licensee, was present. Mr. Stemmer stated he was operating his business from his residence but the original complaints had been because two new homes were being built in the area which caused the noise. He added the present complaints were because he was redecorating his own residence and had workmen coming to his home complete their work. Mr. Stemmer also stated he was doing some new landscaping - planting palm trees, etc. - which would account for some of the noise. Mark Stemmer added that the complainant had never approached him to see what was actually being done but other people in the area felt the redecorating was a definite improvement. Steve Click, 712 Pecan Street, stated he had filed the complaints and had sent the tape to the City. He added the licensee was using his garage for storage and the employees arrived early in the morning - sometimes as early as 5:00 A.M. - to perform maintenance on the chain saws. Mr. Click said it was unfair to allow such impositions to continue in a residential neighborhood. Jim Van Eimeren asked if there were restrictions on the types of businesses which could be operated from a residence and Mr. Strange supplied basic information regarding the regulations. Mr. Stemmer said he could bring other supportive residents into a meeting if he were given more time. However, Mr. Strange reminded Mr. Stemmer that he had, in fact, had several months to conform with the conditions placed by the Board of Zoning Adjustments - and apparently had not done so.- Mr. Strange asked Mr. Stemmer if he was using his garage for storage and if he was having employees come to his home, and Mr. Stemmer replied affirmatively to both questions. However, he went into an extensive dissertation regarding the vehicles being his own and not belonging to employees. There was no one else present wishing to speak for or against the licensee so the Public Hearing was closed. Mr. Strange stated he was going to revoke the permit based on testimony of Mr. Click, telephone calls from adjacent property owners, and the file information compiled by Don Shaw. A DECISION FOR REVOCATION OF HOME OCCUPATION PERMIT NO. 87-4 WAS RENDERED BY THE ACTING ZONING ADMINISTRATOR. -18- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 19 REVOCATION OF HOME OCCUPATION PERMIT NO. 87-5 Licensee: Tim Vescovi GENERAL REASON: Alleged violation of Sections 9730.36 (a), (b) and (g) of the Huntington Beach Ordinance Code, relating to use of the garage for storage of materials and use of commercial vehicles for delivery of materials to or from the premises. GENERAL LOCATION: 9461 Tiki Circle, Huntington Beach, California 92646. Staff reported that, in February of this year, complaints were received that Tim Vescovi was using his garage for storage and parking commercial vehicles on the street. In March, Mr. Vescovi's permit was placed on probation by the Board of Zoning Adjustments after a hearing. On June 3rd, a telephone call was received that an eighteen -wheel truck was delivering items to the garage. A picture was taken of the incident and revocation action was.started. Staff recommended revocation of the permit. The Public Hearing was opened and the licensee, Tim Vescovi, was not present. A. J. Molitar, 9471 Tiki Circle, stated he had been the recipient of this problem and principal complainant, and added the problem had existed for quite some time. He stated that Mr. Vescovi operated a business for steam cleaning driveways and parked his trucks on the street. Mr. Molitar further stated that the truck making deliveries to the garage was for another enterprise - cookie distributorship. Trucks deliver cookies to the residence on the first and fifteenth of each month, sometimes as early as 5:30 A.M. Sales employees come to the home and pick up their orders. Furthermore, Mr. Vescovi was given until April 1, 1987, by the Board of Zoning Adjustments to "clean up his act" - and, by not being here today, he is admitting he has not done it. Mr. Molitar additionally stated theirs was a residential neighborhood and should not be subjected to such punishment. There was no one else present wishing to speak for or against the licensee so the Public Hearing was closed. Mr. Strange stated that he was revoking the license based on the testimony of Mr. Molitar, the file records compiled by Don Shaw, and the fact Mr. Vescovi had apparently disregarded,the probationary conditions of the Board of Zoning Adjustments. A DECISION FOR REVOCATION OF HOME OCCUPATION PERMIT NO. 87-5 WAS RENDERED BY THE ACTING ZONING ADMINISTRATOR. -19- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 20 ADMINISTRATIVE REVIEW NO. 87-27 Applicant: Tony Kahale A request to permit a twenty-three hundred (2300) Square Foot industrial building for automotive repair. Subject property is located at 7382 Talbert Avenue (South side of Talbert Avenue approximately one hundred three feet (103') East of Gothard Street). This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. Ms. Phillips reported this was a request for an industrial building to be used for automotive repairs and the applicant had provided a revised plan. The site plan now complies with Code for parallel parking and setbacks but elevations will need approval of the Design Review Board. Staff recommended approval with conditions such as no outside storage and that all work be done inside the building. The applicant, Tony Kahale, was present and stated he had nothing to add to Staff's report. After questioning by Mr. Strange concerning the office area, Mr. Kahale said he understood and would abide by the conditions. ADMINISTRATIVE REVIEW NO. 87-27 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR, WITH THE FOLLOWING CONDITIONS: SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated July 22, 1987, shall be the approved layout. Elevations shall comply with requirements outlined by the Design Review Board. 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 9, 10, and one-half (1/2) of abandoned alley of Tract 445. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Community Development prior to final inspection or occupancy. 3. 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. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. -20- 7/22/87 - OZA 1 Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 21 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Provide dedication and improvements on Talbert Avenue as required by Public Works. 6. Maximum separation between building wall and property line shall not exceed two inches (2"). 7. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. On site parking shall not be used for auto storage. 9. All repair work shall be conducted wholly within the building. 10. 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. 11. Natural gas shall be stubbed in at the locations of water heaters and central heating units. 12. Low -volume heads shall be used on all spigots and water faucets. 13. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 14. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. If any hazardous materials are to be used on site, the business must comply with Chapter 1758 of the Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the materials and prepare an Emergency Business Plan. Waste oil is considered a hazardous waste. -21- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 22 4. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code. 5. The Zoning Administrator reserves the right to revoke Administrative Review No:-87-27 if•any violation of these conditions of the.Huntington Beach Ordinance Code occurs. REQUEST FOR RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 87-48 Applicant: D'Ambra,, Inc. I - A request to permit a reduction in required minimum open space dimensions from twenty feet (20') to eighteen feet one inch (18'-111). Subject property is located at 6732 Via Carona Drive (Southeast corner of Avilla Lane and Via Carona Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act,-1986.� The Acting Zoning Administrator determined there was no one present to represent the applicant and stated he would not reconsider the request. Mr. Strange asked that the record reflect that no new evidence was presented and that the applicant had filed an appeal to the Planning Commission on July 6, 1987. This appeal would be heard by the Planning Commission at the earliest possible date. REQUEST FOR RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 87-48 WAS DENIED BY THE ACTING•ZONING ADMINISTRATOR. REQUEST FOR RECONSIDERATION OF CONDITION OF APPROVAL OF ADMINISTRATIVE REVIEW NO. 85-50 Applicant: Gary Bowers A request to reevaluate a Condition of Approval requiring reciprocal access between 19201 Brookhurst Street and 19171 Brookhurst Street (Burger King and E1 Pollo Loco). Subject property is located at 19201 and 19171 Brookhurst Street approximately two hundred feet (200') South of Garfield Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported that when El Pollo Loco was approved in 1985, there was a condition place requiring a reciprocal access -agreement between Burger King and E1 Pollo Loco. Burger King is now contesting whether or not.this access agreement does what it was intended to do. Burger King has indicated that an alternative might be for elimination of the easement. Michael Strange stated this was a hearing to determine whether or not the request would be reconsidered. -22- 7/22/87 - OZA Minutes of Meeting H. B. Office of Zoning Administrator July 22, 1987 Page 23 Frank Serge, Abba Kader, and Wayne Bryant, representatives of E1 Pollo Loco, spoke at length relative to the problems and/or advantages encountered because of the easement. They stated the easement was not something they had requested but rather a condition placed on them by the City of Huntington Beach in order to receive approval for their project. Mr. Kader mentioned the extensive amounts of money which been expended in construction of their restaurant. Burger King representatives Donald Stratton, S. J. Knezevich, Mike Knezevich, and Lewis Notrica spoke in favor of removal of the easement. Mr. S. J. Knezevich stated the franchise on the property in question was owned by BKI, Inc., and that he was President and his son, Mike Knezevich, was Vice President and Chief Executive Office of that organization. Mr. Knezevich said the City had required them to pay for the median turning lane when it was installed and E1 Pollo Loco had not borne any of the cost of that installation; however, they were reaping the benefits of Burger King's expenditure. He further stated neither of them had signed an agreement for the easement on the property - and that they had exclusive rights to the property for another five or six years. After further extensive testimony and discussions between Art Folger of the City Attorney's office and representatives of both Burger King and E1 Pollo Loco, Mr. Strange determined he would not reconsider the request. Upon a suggestion by Mr. Folger, the matter was referred to the City Attorney's office for further study, review and action. The representatives of E1 Pollo Loco and Burger King agreed to this determination. REQUEST FOR RECONSIDERATION OF CONDITION OF APPROVAL OF ADMINISTRATIVE REVIEW NO. 85-50 WAS DENIED BY THE ACTING ZONING ADMINISTRATOR. ACTION WAS FOR REFERRAL TO THE CITY ATTORNEY'S OFFICE FOR REVIEW. There was no further business to be presented to the Acting Zoning Administrator for review. THE REGULAR MEETING WAS ADJOURNED BY THE ACTING ZONING ADMINISTRATOR TO A STUDY SESSION ON MONDAY, JULY 27, 1987, AT 10:00 A.M. James W. Palin Zoning Administrator jgh (8703d) -23- 7/22/87 - OZA