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HomeMy WebLinkAbout1988-02-10MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, February 10, 1988 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: STAFF MEMBERS PRESENT: James W. Palin Kelly Main Laura Eisenberg MINUTES: Minutes of the February 3, 1988 were approved by the Zoning Administrator REGULAR AGENDA ITEMS: REVOCATION OF HOME OCCUPATION NO. 88-2 Applicant: Ray E. Hodgson Revocation of Home Occupation No. 88-2 is an alleged violation of home occupation regulations with regard to parking of commercial vehicles used in conjunction with the business on the street overnight and the use of a storage locker in the side yard (Sections 9730.36(a)(b)(d)(e) & (h)) located at 19311 McLaren Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that Mr. Hodgson submitted a letter on February 8, 1988 withdrawing his Home Occupation Permit and informing staff that he was no longer operating Hodgson Electric from his home but had moved his business to 15571 Industry Lane in Huntington Beach. WITHDRAWAL OF MR. HODGSON'S HOME OCCUPATION PERMIT WAS GRANTED BY THE ZONING ADMINISTRATOR AND REVOCATION OF HOME OCCUPATION NO. 88-2 WAS DROPPED. USE PERMIT NO. 88-3/CONDITIONAL EXCEPTION NO. 88-1 Applicant: James F. Casey Use Permit No. 88-3 is a request to permit a 10,000 sq. ft. industrial building to be used for storage within 150 feet of residentially zoned property. Conditional Exception No. 88-1 is a request to permit a 10,000 sq. ft. industrial warehouse building to be located at 5622 Research Drive with less than the required 8% of net site of landscaping, a 27 ft. side yard setback in lieu of the required 30 ft. elimination of the 6 ft. landscape buffer required because the property backs a community facility, and an 11 ft. wide parking space against a wall in lieu of the required 11.5 ft. 9E This request is covered by Environmental Impact Report No. 73-16. Staff member, Kelly Main, reported that this is a request for a variance from several of our code requirements. Staff stated that the lot is standard in size and shape compared to those lots located on Research.. Staff stated they could not find any land related hardship to justify the variance, adding that the applicant could develop the land within the requirements of the code and, therefore, was recommending denial. The public hearing was opened and Mr. Casey, the applicant, was present. He spoke in support of his project stating that he could justify the variances requested. Submitted into evidence by Mr. Casey was a landscape chart showing other approved sites in the area with the less than the 8% landscaping required by code. He continued that his reason for the location of the driveway was that the way the property is situated there is a light and electric pole directly across the street on the east side of the property. He stated that he could not move the driveway over because he will not be able to get a semi -truck into the property. Mr. Casey and staff studied past documents on the creation of his lot. in 1979. Discussion ensued regarding the transformer located on the property and Edison's involvement with access to this transformer. Mr. Palin asked for justification of the 27 ft. sideyard set back. Mr. Casey responded that it is basically to try and meet parking, circulation and the storage requirements of the company who will be occupying the building. Mr. Palin asked the applicant what the building was going to be used for. Mr. Casey stated it would be used for storage of telecommunication equipment, telephone booths, telephones etc. Mr. Palin stated that this was a design hardship which is not justification for a variance, stating that he can see a layout for the building which would fit on the property and meet the codes. Mr. Palin stated that he would continue the item for one week to allow the applicant to demonstrate that he has a specific user for the building and the design necessary on the interior to accommodate that use. The applicant concurred. USE PERMIT NO. 88-3/CONDITIONAL EXCEPTION NO. 88-1 WAS CONTINUED TO THE WITH THE PUBLIC HEARING OPENED TO THE FEBRUARY 17, 1988 MEETING BY THE ZONING ADMINISTRATOR. CONDITIONAL EXCEPTION NO. 88-2 Applicant: James M. Righeimer Conditional Exception No. 88-2 is a request to allow the construction of a single family dwelling with a 5 ft. encroachment into a 5 ft. setback from a public (sewer) easement and a 3 ft. side yard setback in lieu of the required 5 ft. located at 1504 Lakeside Lane. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that the subject property is located in a development that was approved in 1978 and most of the properties were built out, however, there were a few existing oil wells which were left behind. The removal of the oil wells has freed _a few properties for development, of which this is one. The applicant is asking to construct a two story home. The lot has a 10 foot storm drain easement along its side. The applicant is asking to build the house right up to the edge of that easement where a 5 ft. setback is usually required. He is also asking for a 3 ft. sideyard setback on the opposite side of the property where a five ft. setback is required. Staff has concerns about the elevations of the project because all of the homes along Lakeside which back up to Beach -2- are one-story homes suggesting that a two-story might have an impact on Beach Blvd. Staff expressed concerned over whether this lot can be considered to have a land related hardship since subtracting the 10 ft. easement and 5 ft. setback, the applicant does have 25 ft. lot to work with which is a standard size lot in the Oldtown Specific Plan. However, 25 ft. is not a standard lot width in this tract. Mr. Palin and staff discussed the size of the other lots on Lakeside ranging in 30 to 40 ft. wide and the one story houses abutting Beach Blvd. Mr. Palin asked staff if there was any mention in the files for this tract maintaining Beach Blvd as a view corridor or any indication of a site plan as to the type of house being proposed for this property. Staff responded that there were no plans found that actually showed the subject lot with any kind of plot plan for a house. Staff stated that there was a recommendation from Public Works regarding the footings adjacent to the easement. Public Works recommended that the footings be 12 ft. deep or that the variance for 0 ft. setback from a public easement be denied. The applicant stated that there would be no problem with providing the 12 ft. deep footings. The public hearing was opened and James M. Righeimer, applicant, was present. He spoke in support of his project stating that the design of his house was similar to the surrounding homes. There was no else present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 88-2 WAS APPROVED BY THE 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 the Conditional Exception No. 88-2 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. Because of special circumstances applicable to the subject property, including size and shape, 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. 5. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 6. The granting of Conditional Exception No. 88-2 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 7. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. 8. 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. -3- SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 14, 1988 shall be the approved layout with the modifications described herein: a. Remove or redesign bay window located on north side of house to meet Building and Planning Division codes and standards. b. Remove plot plan of property to south of subject property. 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. c. Grading plans to the Department of Public Works for review and approval. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Elevations for the subject property have been approved subject to additional research by staff. Should restrictions on elevations found, this Conditional Exception is required to be reviewed by the Zoning Administrator. 5. Footings for the south side of the dwelling are required to reach down to the centerline of the conduit in the easement to Public Works specifications. 6. Special architectural treatment shall be provided on building walls. Such treatment is subject to approval by the Design Review Board. 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. If the house is being built over a former oil well, then the well must be vented per Fire Departments approval. 9. Prior to certificate of Occupancy being issued, applicant must file for a zone change to remove the "O" from the zoning of the subject property. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low-volumn heads shall be used on all spigots and water faucets.. 12. 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 single family residence will be maintained as one (1) dwelling unit. -4- 13. At least one 30" box tree is required in the front yard to be consistent with adjacent properties and is required by Tract 10226. 14. All applicable conditions of approval of Tract 10226 apply to Conditional Exception No. 88-2. 15. All applicable Public Works fees shall be paid prior to issuance of building permits. USE PERMIT NO. 88-2 Applicant: Interactive Architects Use Permit No. 88-2 is a request to permit an addition of a 2nd story to a non -conforming single family dwelling located at 1108 Lake Street and to reduce the required 5 ft. side setback to 3 ft and to allow the 2nd floor to be consistent with the lst floor. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Mr. Palin asked if staff found plot plans showing the approved layout of the houses in the tract. Staff stated yes and that the subject property was allow to have a 3 ft. sideyard setback. Mr. Palin asked staff if there were any windows in the wall of the house which is 3 ft. from the property line. Staff stated that is something that needs to cleared with the applicant as there were no elevations provided for this side of the house. Staff also wished to ask the applicant whether the CC&Rs allow any exterior openings on that sideyard. There public hearing was opened and Don Crenshaw, owner, and Coleen Galfin, architect, were present and spoke in support of the project. There was no one else present to speak for or against the request so the public hearing was closed. USE PERMIT NO. 88-2 WAS APPROVED BY THE 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 the Use Permit No. 88-2 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 location, site layout, and design of the proposed addition properly adapts the proposed structures to streets, driveways, and the existing structures and uses in a harmonious manner. -5- 5. The proposed addition is consistent with adjacent structures. 6. Granting of Use Permit No. 88-2 does not establish precedent for inconsistent additions on adjacent properties. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 12, 1988 shall be the approved layout with the modifications described herein: a. Elevations of the north side of house shall be submitted. 2. The proposed addition shall have no exterior openings along north side. 3. 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. 4. Proposed structures shall be architecturally compatible with existing structures. 5. Natural gas shall be stubbed in at the locations of water heaters, and central heating units. 6. Low-volumn heads shall be used on all spigots and water faucets. 7. 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 single family residence will be maintained as one (1) dwelling unit. 8. 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. The Zoning Administrator reserves the right to revoke Use Permit No. 88-2 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE FEBRUARY 15, 1988 STUDY SESSION BY THE ZONING ADMINISTRATOR. J 4111 \.J f1 • a ua.�• Acting Zoning Administrator 2596r