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HomeMy WebLinkAbout1988-03-23MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, March 23, 1988 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: James W. Palin STAFF MEMBERS PRESENT: Kelly Main Thomas Rogers MINUTES: Minutes of the March 2, 1988 Zoning Administrator Meeting were approved. Mr. Palin asked staff if there were any items withdrawn or continued. Staff member, Kelly Main, stated that she received a letter from the applicant for Item No. 5, Conditional Exception no. 88-9 in conj. with Administrative Review No. 87-39, requesting a continuance to March 30, 1988. Mr. Palin, Zoning Administrator, granted the continuance to March 30, 1988. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 88-10 IN CONJ. WITH USE PERMIT NO. 88-7 AND TENTATIVE PARCEL MAP NO. 88-164 Applicant: Henn Company Bruce Hall Land Surveyor Conditional Exception No. 88-10 is a request to construct an addition with a side setback of four ft. in lieu of the required five ft. and to maintain a single car garage in lieu of the required two cars. Use Permit No. 88-7 is a request to construct an addition to a house with a non -conforming side setback of four ft. Tentative Parcel Map No. 88-164 is a request to consolidate two lots into one and request a waiver of a final parcel map for the property at 727 N. Main Street. The Conditional Exception and the Tentative Parcel Map is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986 and Use Permit No. 88-7 is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this item is a request for an addition to an existing house on Main Street. She stated that because the house has non -conforming setbacks, the applicant needed a use permit. The applicant is also applying for a variance to allow the addition to their house to have a non -conforming setback of four feet to be allowed to maintain a single -car garage. She reported that the house is on a 50 x 150 ft lot. Staff stated that the site is two legal lots that need to be consolidated into one lot and, thus, the requirement for a tentative parcel map. Ms. Main stated that the site ZA MINUTES 3-23-88 -1- (2935r) meets all open space requirements and all code requirements, but staff cannot make any findings of a land related hardship. Staff is recommending denial of the conditional exception and approval of the use permit. The public hearing was opened and Bob Hudson representing Henn Company spoke in support of the requests He stated that the owner of the subject property would like to wait to provide required parking until he builds additional units in the back of the subject property. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Palin asked staff what the recommendation was on the garage. Staff stated that the recommendation was for denial of the variance for the garage because there is no land related hardship. Mr. Palin discussed with the property owner a covenant to run within 18 months for the applicant to file plans for the additional units he will be required to construct the additional structure. Staff stated no. Mr. Palin asked the applicant if he would be willing to work with staff on such a covenant. The applicant replied yes. Mr. Palin stated that he was going to deny the variance for a side setback of 4 ft. for the proposed addition. The addition would result in 23 lineal feet being added at the nonconforming side setback of 4 feet, more than doubling the lineal feet currently existing at that setback. There exists no special circumstances to justify such a variance which would constitute the granting of a special privilege. He added that he would approve the use of the garage and the one space for a period of 18 months subject to a covenant being signed by the property owner that with 18 months plans are filed with the city to provide the parking required by code. He also approved the Tentative Parcel Map and the waiver. CONDITIONAL EXCEPTION: DENIED 4 FT. SETBACK - PROPOSED ADDITION. CONDITIONAL EXCEPTION: CONDITIONALLY APPROVED SINGLE CAR GARAGE FOR A PERIOD OF 18 MONTHS. USE PERMIT NO. 88-7 AND TENTATIVE PARCEL MAP do WAIVER WERE CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL USE PERMIT NO. 88-7: 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. 88-7 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 use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. ZA MINUTES 3-23-88 -2- (2935r) SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO. 88-7: 1. The site plan, floor plans, and elevations received and dated March 17, 1988 shall be the approved layout with: a. Floor plan shall show dimensions; b. Site plan should indicate accessory structure to be removed or demolished; c. Show plot plan indicating a minimum of a 5 ft. setback for the proposed addition. 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 12 and 13 of the Wesley Park Tract. 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. Fence at rear property line shall be relocated to reflect dedication of 2.5 ft. of alley area to city per Public Works requirement. 4. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. d 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-volumn heads shall be used on all spigots and water faucets. 9. All applicable Public Works fees shall be paid prior to issuance of building permits INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT NO. 88-7: 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 this use permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. CONDITIONAL EXCEPTION NO. 88-10: FINDINGS FOR DENIAL OF THE 4 FT. SIDE SETBACK: 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. ZA MINUTES 3-23-88 -3- (2935r) 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. 3. Granting of Conditional Exception No. 88-10 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. FINDINGS FOR APPROVAL OF A CONDITIONAL EXCEPTION FOR A SINGLE CAR GARAGE (FOR AN INTERIM PERIOD): 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 proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The granting of Conditional Exception No. 88-10 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. The existing parking for the site does not create an undue traffic problem (for an interim period). 6. This Conditional Exception is an interim measure to allow applicant to maintain an existing garage. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 88-10: 1. All conditions of approval for Use Permit No. 88-7 apply.- 2. The applicant shall file with the city an irrevocable covenant stating that within 18 months of final approval of this conditional exception, the applicant must file with the city plans to bring parking on the site up to code and must proceed with these plans in a timely manner. INFORMATION ON SPECIFIC CODE REQUIREMENTS - CONDITIONAL EXCEPTION NO. 88-10: 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 this conditional exception if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA MINUTES 3-23-88 -4- (29350 FINDINGS FOR APPROVAL FOR TENTATIVE PARCEL MAP NO. 88-164: 1. The proposed consolidation of 2 lots for purposes of residential use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for R2 was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed consolidation are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. FINDINGS OF APPROVAL FOR WAIVER OF FINAL MAP FOR 88-164: 1. The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision Section of the Ordinance Code. CONDITIONS OF APPROVAL- TENTATIVE PARCEL MAP NO. 88-164: 1, The Tentative Parcel Map received by the Department of Community Development on March 4, 1988 shall be the approved layout (with the amendments as noted thereon). 2. The alley shall be dedicated to city standards. 3. The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Recorder's Office, a Certificate of Compliance in conjunction with the approved plat map. A copy of the recorded Certificate of Compliance and plat map shall be filed with the Department of Community Development prior to issuance of building permits on the subject property. LOT LINE ADJUSTMENT NO. 88-2 Applicant: Walden & Associates Lot Line Adjustment is a request to adjust lot lines of lots 110, 111, and T of Tract 10069 located at the southeasterly corner of Cherryhill and Seapoint Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Thomas Rogers, reported that this Lot Line Adjustment is involved in the Seacliff Estates in Tract 10069 to bring Lot 110 and I I I going out to Lot T which is a common area for open space. According to the tract file, the site has a surplus of common open area; therefore, the applicant will not be taking away required open space. Staff recommended approval. Mr. Palin asked if there was anyone present to speak for this request. Kurt Hoehn of Walden and Associates was present on behalf of the application. He spoke in support of the project. ZA MINUTES 3-23-88 -5- (2935r) Mr. Palin asked staff about the CC&R's on the common open space. Staff was unsure. Mr. Palin stated the would grant Lot Line Adjustment No. 88-2 with an additional condition that the proposed lot line and wall locations proposed underneath this Lot Line Adjustment comply with and be constructed as previously approved in the prior review re: the placement of the wall and landscaping for the landscape corridor along Seapoint Avenue. LOT LINE ADJUSTMENT NO. 88-2 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. Lot Line Adjustment No. 88-2 does not create a nonconforming parcel. 2. Lot Line Adjustment No. 88-2 does not create a nonconforming yard requirement. 3. Lot Line Adjustment No. 88-2 does not sever any existing structure on either of lots 100, 111, and T of Tract 10069. 4. The Lot Line Adjustment No. 88-2 will not allow a greater number of dwelling units than allowed by this code prior to the adjustment. CONDITIONS OF APPROVAL: 1. The plan received and dated March 1, 1988, shall be the approved layout. 2. Monuments for the newly -established corners shall be readjusted in compliance with the Subdivision Map Act. 3. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 4. If the adjustment is not made between two (2) contiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and correct. 5. A Record of Survey shall be submitted to the City for certification by the City Engineer and then recorded with the Orange County Surveyor's Office. Final Maps for both parcels shall be allowed to serve as a Record of Survey 6. All previous Conditions of Approval of Tentative Tract 10069 shall remain in effect. 7. Conditions, Covenants and Restrictions (CC&Rs) shall be revised if applicable. LOT LINE ADJUSTMENT NO. 88-3 Applicant: Walden & Associates Lot Line Adjustment No. 88-3 is a request to adjust existing lot lines of lots 107 and 108 of Tract 10069 located at the southeasterly corner of Cherryhill Lane and Seapoint Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. ZA MINUTES 3-23-88 -6- (2935r) Staff Member, Thomas Rogers, reported that the Lot Line Adjustment would adjust the property line between the two lots. No common open space would be involved in this adjustment.. He stated that staff is recommending approval. LOT LINE ADJUSTMENT NO. 88-3 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. Lot Line Adjustment No. 88-3 does not create a nonconforming parcel. 2. Lot Line Adjustment No. 88-3 does not create a nonconforming yard requirement. 3. Lot Line Adjustment No. 88-3 does not sever any existing structure on either of lots 100, 111, and T of Tract 10069. 4. The Lot Line Adjustment No. 88-3 will not allow a greater number of dwelling units than allowed by this code prior to the adjustment. CONDITIONS OF APPROVAL: 1. The plan received and dated March 1, 1988, shall be the approved layout. 2. Lot Line Adjustment No. 88-3 shall only adjust the common property between lots 107 and 108 of Tract 10069. 3. Monuments for the newly -established corners shall be readjusted in compliance with the Subdivision Map Act. 4. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 5. If the adjustment is not made between two (2) contiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and correct. 6. A Record of Survey shall be submitted to the City for certification by the City Engineer and then recorded with the Orange County Surveyor's Office. Final Maps for both parcels shall be allowed to serve as a Record of Survey 7. All previous Conditions of Approval of Tentative Tract 10069 shall remain in effect. CONDITIONAL EXCEPTION NO. 88-7 Applicant: Max M. Johnson Conditional Exception No. 88-7 is a request to allow minimum open space dimension to be reduced to 12 ft. in lieu of 20 ft. for a portion of the required open space (318 sq. ft. of the 900 sq. ft. required) located at 5912 Donlyn Drive. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. ZA MINUTES 3-23-88 -7- (29350 Staff member, Thomas Rogers, reported that this request is to legalize an existing closed patio. Legally, the applicant has 582 sq. ft. of open space and the code required 900 sq. ft. with a 20 ft. dimension. There is no land related hardship in that it is a perfectly rectangular 60 x 100 ft. standard size lot. ,Staff recommended denial. The public hearing was opened and Max Johnson, applicant, was present. Applicant stated that his home was set back further than the neighboring homes. Mr. Patin asked applicant if it was constructed pursuant to permit. Applicant stated no, the contractor never got a permit. Mr. Patin asked the applicant if it was originally constructed with the solid walls as it currently exists. Applicant stated that it was constructed the way it is. Mr. Patin asked the applicant if he has considered some minor modifications to attempt to bring the addition into compliance. Applicant did not reply. Discussion ensued regarding modifications. Mr. Patin suggested continuance of the item to allow staff and one of the structural engineers to inspect the site and bring back recommendations. Applicant agreed. There was no else present to speak for or against the request so the public hearing was closed. CONDITIONAL EXCEPTION NO. 88-7 WAS CONTINUED TO MARCH 30, 1988 BY THE ZONING ADMINISTRATOR. USE PERMIT NO. 88-8 Applicant: Envipco California Inc. Use Permit No. 88-8 is a request to install three reverse vending machines at 705 Yorktown Avenue. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is an application to permit three small reverse vending machines at the Luckys on the northwest corner of Main Street and Yorktown Avenue. Each machine recycles a different type of product; glass, plastic, or aluminum cans. The site showed the machines on the side of the store where they will not be disturbing the parking or driveway aisles. Ms. Main stated that there are no particular code requirements for this type of request, but staff does have concerns about the operation of vending machines. Staff is recommending approval with conditions. Mr. Patin asked what type of currency will these machines return. Staff responded it will be all coins. The public hearing was opened and Renee Benoit, representing the applicant, was present. Mr. Patin asked the applicant if she has pursued having the machines located in the store. Ms. Benoit stated that Luckys was not ready to give up retail space, but might be willing in the future. There was no one else present to speak for or against the request so the public hearing was closed. USE PERMIT NO. 88-8 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: ZA MINUTES 3-23-88 -8- (2935r) 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. 88-8 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 use properly adapts it to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The combination and relationship of one proposed use to another on a site are properly integrated with relation to subject use. 6. The access to and parking for the proposed use does not create an undue traffic problem. 7. The proposed use meets requirements for recycling facilities and this approval does not set precedent for ordinary vending machines. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated February 24, 1988 shall be the approved layout. 2. The reverse vending machines: a. Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City of Huntington Beach. b. Shall not occupy parking spaces required by the primary use. c. Shall occupy no more than 50 square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height. d. Shall be constructed and maintained with durable waterproof and rustproof material. e. Shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative. f. Shall be maintained in a clean, litter -free condition on a daily basis. g. Operating hours shall be at least the operating hours of the host use. h. Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. ZA MINUTES 3-23-88 -9- (29350 r 1 9 i. Shall not obstruct handicap access or circulation or site. 3. This use permit may be reviewed by the Zoning Administrator should any problems arise with the proposed use. 4. The use shall be maintained for 30 days and then an inspection will be required. A 6 month evaluation of the use shall take place to review any problems which may arise from the machines location. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The applicant 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 this Use Permit if any violation of these conditions of the Huntington Beach Ordinance code occurs. REVOCATION OF HOME OCCUPATION NO. 88-3 Applicant: Walter D. Comstock Revocation of Home Occupation No. 88-3 in reference to violation of home occupation regulations with regard to the parking of commercial vehicles used in conjunction with the business on the street overnight located at 21192 Miramar Lane. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The applicant, Walter D. Comstock, and several opposing neighbors were present. Public testimony took place and Mr. Palin continued the item to April 6, 1988 for the applicant to find a proper location for his vehicles. REVOCATION OF HOME OCCUPATION NO. 88-3 WAS CONTINUED TO APRIL 6, 1988 BY THE ZONING ADMINISTRATOR. THE MEETING WAS ADJOURNED TO THE MARCH 28, 1988 STUDY SESSION BY THE ZA)NING ADMINIST Zoning Administrator 2935r ZA MINUTES 3-23-88 -l0- (2935r)