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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). r� lJ (8856d) -•2- 8/12/87 - OZA 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). (8856d) -3- 8/12/87 - OZA 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. I (8856d) -4- 8/12/87 - OZA 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; (8856d) -5- 8/12/87 - OZA 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'). (8856d) -6- 8/12/87 - OZA f] lJ 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 (8856d) -7- 8/12/87 - OZA 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. • i ,i, . :: •.f':.4:t: it i.:si 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. (8856d) -8- 8/12/87 - OZAf 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. (8856d) -9- V12/87 - OZA 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. (8856d) -10- 8/12/87 - OZA 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. (8856d) -11- 8/12/87 - OZA 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 1 Ll (8856d) -12- 8/12/87 - OZA 11 r 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 (8856d) -13- . 8/12/87 - OZA 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) (8856d) -14- 8/12/87 - OZA