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HomeMy WebLinkAbout1987-12-02MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, DECEMBER 2, 1987 - 1:30 P.M. ACTING ZONING ADMINISTRATOR PRESENT: Mike Strange STAFF MEMBERS PRESENT: Laura Phillips Kelly Main MINUTES: Minutes of November 25, 1987 were approved by the Acting Zoning Administrator. CONDITIONAL EXCEPTION NO. 87-46/USE PERMIT NO. 87-44 Applicant: Zaher Khalaf Conditional Exception is a request to permit 1) a 10 foot building separation in lieu of a 15 foot separation; 2) backing of cars onto the street from a multi -family residence. Use Permit No. 87-44 is a request to add a unit to a triplex on an arterial highway located at 16632 Algonquin Street (east side of Algonquin Street approximately 300 feet south of Heil Avenue.) This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. This item was continued from the November 25, 1987 meeting. Staff Member, Laura Phillips, reported that this item was continued in order to check with the City Attorney's office regarding the legal status of the lot. Staff stated that the applicant was not present at last weeks meeting nor was he present at this weeks meeting. Staff is recommending approval of the project with findings and conditions that were presented previously. The public hearing was opened. There was no one present to speak for or against the request so the public hearing was immediately closed. CONDITIONAL EXCEPTION NO. 87-46 IN CONJUNCTION WITH USE PERMIT NO. 87-44 WAS APPROVED SUBJECT TO REVIEW AND APPROVAL OF THE DOCUMENTS SUBMITTED BY THE APPLICANT REGARDING OWNERSHIP OF THE PROPERTY WITH FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-46: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The subject parcel is a 30 foot wide section of abandoned street, and is of unusual size and shape for the area. -1- OZA 12/2/87 2. The granting of Conditional Exception No. 87-46 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 location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 16, 1987 shall be the approved layout. 2. All conditions of approval of Use Permit No. 87-44 shall apply. FINDINGS FOR APPROVAL - USE PERMIT NO. 87-44: 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 the use permit 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 November 16, 1987 shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate the two subject parcels. 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. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 1 -2- . OZA 12/2/87 5. Tire puncturing devices shall be installed to prohibit entering from Algonquin Street. 6. Ownership documents shall be reviewed and approved by the City Attorney's Office. 7. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 8. 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. 9. Proposed structures shall be architecturally compatible with existing structures. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low -volume heads shall be used on all spigots and water faucets. 12. 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. 13. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the new unit will be maintained as one (1) dwelling unit. 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. 9. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 13. The Zoning Administrator reserves the right to revoke this use permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. CONDITIONAL EXCEPTION NO. 87-88 Applicant: H. S. Enterprises Conditional Exception No. 87-88 is a request to allow 1) 2 units to be built behind an existing residence with a 13 foot 8 inch driveway in lieu of a 20 foot required driveway; 2) a minimum distance between buildings of 5 feet in lieu of the required 15 foot located at 7931 Alhambra. This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that the applicant is asking for two variances. One geingb gseduction in the driveway and the other a reduction of distance between the uildin-3- OZA 12/2/87 She stated that because the lot is rectangular and 55 x 135 feet in measurement, staff is recommending denial because of a lack of land. Staff mentioned that there were presedents set. Mr. Strange asked staff if there have been previous cases approved in the past that were similar to this request. Staff stated yes. Mr. Strange asked how many units total are proposed for the property. Staff answered three. Mr. Strange asked staff how many parking spaces would the driveway serve. Staff answered six, two of which would be open guest parking spaces. The public hearing was opened and Tony Ursino, representing the applicant, was present. He expressed that he did not understand why staff was recommending denial, stating that he submitted a list of addresses of previous projects that were accepted similar to this request. He stated that the seven units will enhance the neighborhood and that there is a 25 foot distance between the parking lot and the building, and more than 25 feet for the turning radius within the project. Mr. Strange asked if the open space to the north was accessible and usable by the tenants. Mr. Ursino stated yes. Mr. Strange asked staff if the open space shown on the proposed plan complied with the zoning code. Staff stated yes. Mr. Ursino stated that code requires 875 square feet of open space, and he has provided a total of 1,033 square feet. Mrs. Ursino spoke in support of the project stating that the architecture would match the existing building. She stated that she was redoing the roof, new paint and new windows. Mr. Strange asked her what type of roof material would be used, and she stated composition. Staff suggested that the applicant enter into a reciprocal agreement for a driveway easement with the city. Mr. Strange asked Mr. Ursino if he would be opposed to that, and he responded that he would not be. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Strange asked staff if they had alternate findings for approval and staff stated yes. Staff mentioned that two open spaces will also be required in the back which has already been discussed with the applicant and they are willing to revise their plan. CONDITIONAL EXCEPTION NO. 87-88 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 2. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. -4- OZA 12/2/87 3. The granting of Conditional Exception No. 87-88 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. 5. Precedence exists in the general area (Conditional Exceptions 87-16 and 87-56) supporting approval of Conditional Exception No. 87-89. SPECIAL CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Fully dimensioned floor, site plans and elevations, including the structure existing on site. b. A minimum of two (2) open guest parking spaces and three (3) separate enclosed spaces, with a total of six (6) spaces. c. The existing and proposed building shall be connected per stafffIs direction. 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 Recorder 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 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. c. Grading plans to the Department of Development Services and Public Works for review and approval. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Construct full street improvements as required by Public Works. 6. 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. 7. Proposed structures shall be architecturally compatible with existing structures. 8. The proposed development shall comply with Flood Plain Standards (Article 969.6) and an elevation certificate shall be filed with the Community Development Department and Federal Emergency Management Agency. -5- OZA 12/2/87 9. Prior to issuance of building permits, the subject property shall enter into irrevocable offer to dedicate for reciprocal driveway easement between the subject site and adjacent property to the West. 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 if Development Services prior to occupancy. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low -volume heads shall be used on all spigots and water faucets. 12. If lighting is included in the parking area, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 13. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the complex will be maintained as three (3) or fewer dwelling units. 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. 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. Parking and landscaping shall comply with Article 912 and 960 of the Huntington Beach Ordinance Code. 5. The Zoning Administrator reserves the right to revoke this conditional exception if any violation of these conditions of the Huntington Beach Ordinance Code occurs. CONDITIONAL EXCEPTION NO. 87-90/ USE PERMIT NO. 87-80 Applicant: Humana Hospital Conditional Exception No. 87-80 is a request to permit a reduction of 7 spaces in required parking (from 936 to 929). Use Permit No. 87-80 is a request to provide temporary space for mobile trailer to be used one day per month for patient use located at 17772 Beach Boulevard. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act. 1986. -6- OZA 12/2/87 Staff member, Kelly Main, reported that the temporary mobile unit will come in once a month to be used for the treatment of patients suffering from kidney stones. The unit will treat one patient per hour using an altrasound machine. She stated that the site has the required amount of parking which includes the parking for an addition that has not been approved yet and staff is assuming the worst case in terms of parking. The mobile unit does not need additional space for fire lanes or any kind of safety areas. Mr. Strange asked what the existing use was to the east. Staff stated that it was an undeveloped cemetery. The public hearing was opened and William Rasmussen, representing the applicant, was present Mr. Strange asked Mr. Rasmussen what day of the week would the unit be on the site. Mr. Rasmussen stated that they have yet to determine an exact day, but it will probably be on a Wednesday or a Thursday. He stated that they anticipate two patients per day. Mr. Strange asked the applicant if the equipment would present a hazard to people in the area. The applicant stated that the equipment is an altrasound machine, and there is no magnetic field involved with it. Dr. Freedman, owner of the project and property directly in front, stated that he was not opposed to the unit but clarified that he would like to see whatever is agreed on put in writing and no other uses other than what was agreed on be permitted. There was no one else present to speak for or against the request so the public hearing was closed. CONDITIONAL EXCEPTION NO. 87-90 IN CONJUNCTION WITH USE PERMIT NO. 87-80 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL CONDITIONAL EXCEPTION 87-90: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 2. The granting of Conditional Exception No. 87-90 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 reduction in spaces will occur only one (1) day per month. SPECIAL CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated November 4, 1987 shall be the approved layout. 2. All conditions of Approval of Use Permit No. 87-80 shall be applicable. 3. This approval is for one (1) day per month and any increase in frequency of use shall require a new entitlement. -7- OZA 12/2/87 FINDINGS FOR APPROVAL USE PERMIT NO. 87-80: 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 the Use Permit No. 87-80 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. 4. The temporary unit will provide a useful service to the community. SPECIAL CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated November 4, 1987 shall be the approved layout. 2. This use permit shall remain in effect for a period of three (3) years from date of approval. 3. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 4. 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. 5. 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 prior to the trailer being used. 6. On the evening prior to use of the trailer, an adequate number of parking spaces will be cordoned off by stanchion and swag or other appropriate means in order to provide easy access and set up for the trailer the following morning. 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 Zoning Administrator reserves the right to revoke this Use Permit No. 87-80 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE DECEMBER 7, 1987 STUDY SESSION BY THE ACTING ZONING ADMINISTRATOR. Mike Strange Acting Zoning Administrator 2245r -8- OZA 12/2/87