HomeMy WebLinkAbout1987-08-121
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, California
ZONING ADMINISTRATOR PRESENT: Michael Strange
Acting Zoning Administrator
STAFF MEMBERS PRESENT: Laura Phillips
Steve Parker (Fire Department),
MINUTES: MINUTES OF THE REGULAR MEETING OF AUGUST 5, 1987, WERE
APPROVED BY THE ACTING ZONING ADMINISTRATOR, AS
TRANSCRIBED
CONDITIONAL EXCEPTION NO. 87-58
Applicant: Sun Boss Corporation
A request to permit a pool enclosure to encroach into the side and
rear yard setbacks and into a storm drain easement, and to allow the
pool enclosure to count toward the open space requirement. Subject
property is located at 22002 Capistrano Lane (Southeast corner of
Banning Avenue and Capistrano Lane).
This request is covgred by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
The Staff member, Laura Phillips, stated this request was for
permission to construct a pool enclosure in the rear yard of a
residence. There is an existing swimming pool which encroaches into
a storm drain easement by one foot (l'). Roof supports for the
enclosure would encroach even further into the easement, as well as
into the side and rear yard setbacks. The applicant is asking for a
two foot (21) setback on the rear in lieu of five feet (5')- and a
three and one-half foot (3.51) setback on the side yard in lieu of
the ten feet (10'). The applicant is also requesting that the pool
enclosure be -allowed to count toward the open space requirement
because the room will be used as their recreation area-. The
enclosure will be paneled on the bottom with screens above.
Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 2
Public Works had reviewed the project with regard to the storm drain
easement and advised Staff that no structure should be allowed over
an easement. Based on Public Works original determination, Staff
would have recommended denial; however, the applicant has just
advised Staff of further discussions with Public Works regarding
redesigning the structure. Staff would now recommend a possible
continuation for further research into the request.
The Public Hearing was opened by the Acting Zoning Administrator,
Michael Strange, and John Cain was present as the applicant's
representative. Mr. Strange reiterated Staff's statements regarding
Public Works'original concerns and said it was his understanding the
structure would need to be cut back from the Banning Avenue side.
Cliff J. Moore, the property owner, was also present and stated that
Blue Haven Pools had installed his pool in 1979. Mr. Cain said he
and Mr. Moore had discussed the matter -further with Public Works,
and representatives of Public Works had no real concerns with the
location of the pool with relation to the easement. Mr. Cain
further stated it would not be necessary to build any footings nor
would they be going into the ground where it would affect the storm
drain. Mr. Cain also said the Code stated no "building" should be
constructed over an easement but this structure was not a building it was a screened enclosure.
Further discussions ensued regarding the measurements submitted on
the site plan and how the structure would be supported. Mr. Strange
stated he was concerned about fire access clearance and also said he
would like to check with the Building Division on the proposed
structure. The Acting Zoning Administrator suggested that the item
be continued and asked if the applicant's representative would so
concur. Messrs. Cain and Moore agreed to the continuance.
There was no one else present wishing to speak for or against the
project and the Public Hearing was left open to the next meeting.
CONDITIONAL EXCEPTION NO. 87-58 WAS CONTINUED TO THE REGULAR MEETING
H
OF AUGUST 19, 1987, BY THE ACTING ZONING ADMINISTRATOR, WIT
CONCURRENCE OF THE APPLICANT'S REPRESENTATIVE:
CONDITIONAL EXCEPTION NO. 87-59
APR icant• D'Ambra. Inc.
A request to permit a reduction in minimum required open space
dimension from twenty-five feet (25') to twenty feet (20'). Subject
property is located at 16802 Leafwood Circle (East side of Leafwood
Circle approximately three hundred twenty-five feet (325') South -of
Terry Drive).
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 3
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
Staff reported this was a request to reduce the minimum open space
dimension in the rear yard to provide an addition to a single family
residence. The applicant meets the minimum open space square
footage of 1,200 but cannot meet the minimum dimension. Staff could
find no land -related hardship on the property so Staff recommended
denial of the request.
The Public Hearing was opened and Dennis D'Ambra was present.
Mr. D'Ambra stated a similar variance had been granted in 1981 for a
residence in the immediate area, and it was covered by Conditional
Exception No. 81-55. Dennis D'Ambra continued that the property
owner had additional open space in the front yard.
Ms. Phillips said the applicant had not submitted a letter
indicating any information regarding unusual circumstances or
established precedents. Mr. D'Ambra said it was written on the back
of the application.
Dennis D'Ambra stated the property owner would not have proceeded
this far with the project if it had not been for the other
variance. He further added they could put up a forty-two inch (42")
barrier in the front if necessary.
There was no one else present wishing to speak for or against the
project so the Public Hearing was closed.
The Acting Zoning Administrator stated he would approve the request
subject to conditions of the previous approval; i.e_.,-"construction
of the forty-two inch (42") wall in the front only if it had been
required under Conditional Exception No. 81-55.
CONDITIONAL EXCEPTION NO. 87-59 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. Granting of reduction in open space minimum dimension will not
reduce the required total open space area (1,200 Square Feet).
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page- .4
3. -The granting of Conditional Exception No.• 87 59,•,wxll not be
materially detrimental to the public welfa're'or.injurious,to
property in the same zone classifications.
4,.;>y;The granting of,the,,Conditional Exception will not adversely
affect the General'Plan of the City of Huntington Beach.
5., A precedent.,has been set in the,neighborho,od for a similar
. variance to open space' dimension ,(Conditional, Exception
No. 81-55).
SPECIAL CONDITIONS'OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
-July 29, .1987,, shall be the approved .layout..,.,a, :...
2. Applicant ' shallmaintain a northerly side yard' `at- ten 'foot_
(10') minimum width for recreation vehicle access.
3. All building -spoils, such as unusable lumber, wire, pipe, and
other surplus oi'unusable material, shall be disposed of at an
off -site _facility equipped to handle them.
4.' Propo`sed structures shall be architecturally compatible.with
existing structures.,; ,-
5. - Prior to `issuance, of buiI,lding permits,,,,the property owner shall
sign, notarize, and, record.with-the County Recorder a "Letter
of Agreement" assuring,,that.the,single family residence will be
maintained as one (1) dwelling unit.
6. ,All applicable Public Works.:fees shall be paid prior to
issuance of building permit's.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The development shall comply, with all applicabie.provisions of
the.Ordinance Code, Building, Division, and Fir e,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
Conditional Exception No. 87-59'if any violation of these'
conditions of the Huntington Beach Ordinance Code.occuis.
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 5
USE PERMIT NO. 87-57
Applicant: Wally Saduddin
A request to permit remodeling and a nine hundred forty (940) Square
Foot addition to a Sizzler Restaurant. Subject property is located
at 18552 Beach Boulevard (Southeast corner of Ellis Avenue and Beach
Boulevard).
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
According to Staff, this is a request to remodel and expand the
existing building at Ellis Avenue and Beach Boulevard. The
applicant has complied with Planning requirements and with Public
Works regulations for landscaping. However, Public Works has
several other concerns which have been covered by conditions for the
project. There will be enough parking, including compact spaces,
and driveways will be consolidated. There should be a reciprocal
access agreement with the lot to the East for their condominium
project. That project was appealed to the City Council and we have
included conditions from that appeal which apply to Sizzler's
expansion. Staff recommended approval of the request with
conditions.
Michael Strange asked about how signs were being handled and Staff
reported signs would have to be brought into compliance with the
Code prior to occupancy. It was determined the signage would be
handled under a separate procedure.
The Public Hearing was opened but there was no one present to
represent the applicant. There was no one else present wishing to
speak for or against the request so the Public Hearing was closed.
Steve Parker, Fire Department representative, stated the applicant.
should be made aware that sprinklers would be required for the
entire restaurant building if it exceeded the occupancy load of one
hundred fifty (150) persons. He also wanted proper fire lanes
maintained throughout the shopping center area.
USE PERMIT NO. 87-57 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;
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page-6
b. Property and improvements in the vicinity of -such use or
building.
2. The granting of Use -Permit No. 87-,57 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 August-7, 1987, and floor
-plans ,and elevations received and'dated July 21; `%1987°; 'shal°h `be
the -approved, layouts.•. '• 1
2. Prior to issuance of building permits, the applicant shall file
a :parcel map. or, parcel map waiver,'request °to' legalize the
existing parcel. The parcel map or.plat map and•notice•shall
be recorded .with •the Orange County -Recorders and `a copy of • the
recorded,map.or plat filed with the Department of Community
Development prior to final inspection or occupancy or provide
proof • of -legal . lot :creation:
3.-.Prior to issuance of building permits, the applicant shall
, submit the ,following. -plans::
a. Landscape and irrigation .plan Ito 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.
4. Installation of required --landscaping and •irrigation•systems
shall be completed prior to final inspection.
5. Deteriorated improvements shall be replaced to Department of
Public Works specifications:-
6. Driveways on Ellis Avenue shall be reconstructed to
twenty-seven foot,(27')-width radius type driveways.
7. Applicant shall pursue CalTrans approval of radius type
driveways on Beach Boulevard.
8. Driveway on Beach Boulevard shall have a minimum width of
thirty feet (30').
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 7
9. A grading plan shall be submitted to and approved by the
Department of Public Works prior to issuance of building
permits.
10. -Street lights shall be installed as determined necessary by the
Department of Public Works.
11. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
12. Service roads and fire lanes, as determined by the Fire
Department, shall be posted and marked.
13.
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.
14.
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.
15.
Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.
16.
Low -volume heads shall be used on all spigots and water faucets.
-17.
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.
18. The subject property shall enter into irrevocable reciprocal
driveway and access easement(s) between the subject site and
adjacent properties to the East. 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.
19. A Joint Use Parking Agreement shall be recorded between the
property owner of the subject site and the property owner of
the commercial parcel to the East. 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 final occupancy.
20. The owner shall secure rights of access to the forty foot (40')
wide easement. A copy of the legal instrument shall be
approved by the City Attorney as to form and content and, when
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Minutes of the Meeting
Office of Zoning Administrator
August,l2, 1987
Page 8
--approved, shall be recorded in the office of the County
Recorder. A copy.,shall be filed with the Department of
Community Development prior to final occupancy.
21., All applicable, Public Works, fees_ shall -be paid''prior' to' lw'
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.
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2- The applicant, shall -meet-, all applicable' local; `9tate;t`and,
Federal Fire Codes, : Ordinances,; and -standa'rds': "'`
3.. All signs, shall,:be' brought -into ' compliance' withr,the 'Huntington
-Beach -.Ordinance Code prior•:to,"occupancy: 1 'All-•si'gris `,shall be
under separate• permit.
4. Landscaping.shall comply with Article 960,.,of 'the`Huntington
Beach Ordinance:Code: `
5.-.,The Zoning Administrator reserves the right to revoke Use
Permit No. 87-57 if any violation of these conditions of the
Huntington Beach Ordinance Code occurs: 'E
USE PERMIT NO. 87-65- t ?, i +, : • • ;E,
Applicant: Anthony -J. �Guadagno'.!, .
A request to permit a three. (3) daycarnival;inithe.Huntirigton
Center parking ,lot -- August,=21, 22, and 23, :1987. Subject--prdperty
is located at 7777 'Edinger Avenue (North side of�=Edinger' Avenue_,Just
West of Beach Boulevard).
This,request is covered -by Categorical Ezemption,�Class'4;!
California Environmental Quality Act,"1986.,
Ms. Phillips.stated this -was a;request for a three (3) day carnival
in the parking lot of Huntington Center - the outer portion closer
to Center Drive and the.405 Freeway. Staff recommended approval'
with standard conditions for-this>type.'of•operation, including
maintaining fire access lanes and certification that the rides have
been tested"for'safety.
Mr. Strange asked what days would be covered -by the dates and Staff
said it would be Friday, Saturday and Sunday. Mr. Strange asked if
the adjacent tenants had been notified and Staff replied they had
not been since this was not a Public Hearing item.
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 9
A. J. Guadagno was present and stated the people in the shopping
center were the ones sponsoring the carnival and the stores were
having special sales in conjunction with the carnival.
Mr. Strange asked if the Fire Department had approved the
arrangements for the affair and Mr. Parker said they would like to
have a copy of the final plot plan. Mr. Strange said he would
approve the request subject to Fire Department regulations.
USE PERMIT NO. 87-65 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. 87-65 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, floor plans, and elevations received and dated
July 24, 1987, shall be the approved layout.
2. Prior to operation of any equipment used in conjunction with
the amusement rides, the City shall be in receipt of State
Certification and permits showing inspection within a one (1)
year period, stating that the rides meet all requirements of
the State Industrial Safety Division.
3. Prior to issuance of a Certificate to Operate, a layout and
circulation plan shall be approved by the Fire Department.
4. Tents shall be certified by the State Fire Marshal as flame
retardant.
5. 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.
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Minutes of the Meeting
Office of Zoning Administrator•
August,l2, 1987
Page. 10
6.• 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.
7. The applicant shall provide for clean-up of the area each
evening -after closing of the event. t
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-97.30.80.,of•the
Huntington Beach Ordinance,Code..•..
4. The Zoning Administrator.reserves the right,to revoke Uses•
Permit No. 87-•65--if any violation -of :these .conditions of the
Huntington Beach Ordinance Code occurs.
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.
The applicant's representatives for-the.•Sizzler-Restaurant arrived
at the meeting and were advised to wait until the end of the meeting
when Staff could go over the conditions with them.
USE PERMIT NO. 87-68
Applicant: Dick Adams
A request to permit a one (1) day sale and car show in the parking
lot of a retail center - August 16, 1987. Subject property is
located at 17420 Beach Boulevard (Southeast -corner of Holland,Drive
and Beach Boulevard).
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 11
Staff said this request was for a car show and temporary outdoor
event for one (1) day in the parking lot of a small shopping
center. The applicant will have cars on display and has indicated
he will rent a stage from the City for a "bikini" or "queen"
contest. He stated the stage will be so placed that the contestants
would not be visible from Beach Boulevard. The applicant will
provide additional security for the "bikini" contest. Staff
recommended approval with conditions.
Dick Adams, the applicant, was present and said Ms. Phillips had
covered the request very well. He further indicated he had turned
in a plot plan and certificates of insurance and asked what his next
procedure should be. Staff stated the insurance was to be turned in
to the Administrative Services Department and, through further
discussion, it was determined the insurance had not been correctly
filed.
Mr. Strange asked how many cars would be displayed and the applicant
replied eighty (80) cars were scheduled. Mr. Adams stated if it
became too crowded, they would lower the number of display cars.` He
indicated they would be utilizing part of the adjacent parking lots
as well for overflow parking . The Acting Zoning Administrator .
advised Mr. Adams he should have letters from both property owners.
Mr. Strange asked if there would be judging with the car show and
Mr. Adams replied there would be. Mr. Adams further stated he had
held this type of event in other cities for the past four (4) years.
There was a discussion regarding the appeal period for this type of
temporary outdoor event and Staff said an applicant has two (2) days
within which to appeal a temporary outdoor event. It was determined
this applicant would have no time for an appeal since the event was'
scheduled for the following Sunday.
Mr. Strange expressed deep concern over the possibility of allowing
a "bikini" contest adjacent to a busy thoroughfare such as Beach
Boulevard. He felt this type of event would attract too large a
crowd and create additional traffic and safety problems on this
extremely busy street.
Mr. Adams stated he had already advertised the "bikini" contest as
part of the car show and had hired thirteen (13) security people to
work the show. Mr. Strange reminded Mr. Adams that he had been
quite late in submitting his application to the Zoning Administrator
for permission to have such a show. Mr. Adams stated he had
approached other departments of the City with regard to having the
event on a "closed off" street. After much lost time,•he had been
advised to contact the Planning Department - thus the reason for
being so late with the application.
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 12
The Acting Zoning Administrator stated he would -approve the request
for a car show but deny the request for a "bikini"lcontest because
of the traffic and safety hazards involved. Mr: Adams said this
action did not allow him the right of an appeal process.
Mr. Strange again reminded him of the lateness of -his application
and suggested,the event might be postponed untila-later date. —
Dennis Campbell, manager of the VW supply store sponsoring.the
event, said additional employees would be brought in for this show.
Mr., Strange said that,he, as Acting.Zoning Administrator, would
still deny the "bikini" contest portion of the request, and he
suggested the applicant might wish to meet with the Zoning
Administrator himself to see if he would overrule Mr. Strange's
decision.
USE PERMIT NO. 87-68 WAS CONDITIONALLY APPROVED WITH THE FOLLOWING
FINDINGS AND CONDITIONS: .;, _ :_ . f. -
FINDINGS FOR APPROVAL (CAR SHOW):
1. The establishment, maintenance and operation of the use for a
car show 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 the Use Permit for a car show will not
adversely affect. the General Plan -of-- the City. -of , Huntington, -
Beach.
3. The proposal -of a car show is -consistent :with,:the-•goals -arid.'
objectives of the City's General Plan-and..Land-.Use Map:
FINDINGS FOR DENIAL (BIKINI CONTEST):
1. A bikini contest will create parking and traffic congestion on
the site and may.create a,traffic-safety hazard on -Beach
Boulevard.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
July 30, 1987, shall be the approved layout.
2. This approval is for a Car Show only.
"Bikini" or "Queen" contest.
There shall be no
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 13
3. Applicant shall provide for clean up of the area after the
event.
4. Applicant shall obtain all necessary electrical permits.
5. 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.
6. 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.
4. The Zoning Administrator reserves the right to revoke Use
Permit No. 87-68 if any violation of these conditions of the
Huntington Beach Ordinance'Code occurs.
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 Rrior 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.
There was no further business to be presented to the Acting Zoning
Administrator for review
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Minutes of the Meeting
Office of Zoning Administrator
August 12, 1987
Page 14
THE REGULAR MEETING WAS ADJOURNED BY THE ACTING ZONING ADMINISTRATOR
TO A STUDY SESSION ON MONDAY, AUGUST 17, 1987, AT 10:00 A.M.-
,
fiat James W. Palin
-Zoning Administrator
]gh
(8856d)
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