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HomeMy WebLinkAbout1988-06-15MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY,-DUNE 15, 1988 - 1:30 P.M. ZONING ADMINISTRATOR PRESENT: James W. Palin STAFF MEMBERS PRESENT: Kelly Main MINUTES: Minutes of the April 27, May 18, and June 8, 1988 ZA meetings were approved by the Zoning Administrator. REGULARAGENDAITEMS: USE PERMIT NO. 88-23 IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 88-27 Applicant: James Edward Key, Kathleen K. Key This request is covered by Categorical Exemption , Class 5, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request for a use permit to permit the enlargement of a one -car garage at a nonconforming side yard setback. The proposed garage will be attached to a nonconforming single family home. A conditional exception is required to permit the replacement and enlargement of a single -car garage (in lieu of the required two car garage) at nonconforming rear setbacks. Ms. Main stated that the applicant will be required to obtain a tentative parcel map to consolidate the two lots on which the house sits, if this project is approved. She added that staff is recommending approval of the use permit to replace the garage. The subject garage will be constructed adjacent to the neighbors garage which also has a 9 ft. side setback and, therefore, should not create any primary problems for the adjacent property. The lot is oddly shaped for building sites in the area and can be considered to have a land related hardship. It would be difficult to provide a second enclosed garage on the site; the applicant can provide a tandem unenclosed parking space in front of his garage. Staff is recommending denial of the request for the rear yard setback of zero, stating that the applicant can build a garage and meet the 7 1/2 ft. setback at the rear. - The public hearing was opened and Mr. Key, applicant, was present and spoke in support of the request. He stated that the conditional exception request for a 0 ft. rear setback was necessary because with a 7 1/2 ft. rear setback his garage would cover up his bathroom window and electric meter box. Ne could see no purpose for the 7 1/2 ft. behind the garage. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Palin stated that the applicant was extremely shy on open space. He stated that the siting of garage as requested is now attaching the structure to the house and therefore the setback represents a setback of the main dwelling. Mr. Palin conditioned the rear yard setback to between 5 ft. and 7 1/2 ft. Mr. Palin's stated that with the 5 ft. setback, the applicant should be able to construct the garage without creating a problem for bathroom lighting and ventilation. USE PERMIT NO. 88-23 IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 88-27 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO 88-27: 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. 88-27 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 as there is parking available in the private driveway of the subject property. 6. Because of special circumstances applicable to the subject property, including 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. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 88-27: 1. All Conditions of Approval for Use Permit No. 88-23 apply. - INFORMATION ON SPECIFIC CODE REQUIREMENTS - CONDITIONAL EXCEPTION NO. 88-27: 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. -2- FINDINGS FOR APPROVAL - USE PERMIT NO. 88-23: (To add to an existing non -conforming dwelling at a reduced sideyard setback) 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. 88-23 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. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO. 88-23: 1. The site plan, floor plans, and elevations received and dated April 18, 1988 shall be the approved layout with the following modifications: a. Floor plan, site plan and elevations shall show dimensions and scale. Property lines shall be clearly marked. Distance from front and exterior side property lines to center line of street shall be indicated. b. Garage shall be relocated to a minimum of 5 feet from the rear property line. c. Height of front entry gate shall be labeled. Front gate must meet setback requirements if it is over 42 inches tall. d. Correct plans to accurately show public right-of-way area. No structures or proposed landscaping shall be shown in public right-of-way without prior Public Works Department approval. NOTE: These revisions shall be made and copies presented for this file prior to issuance of building permits. 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver to legalize the subject lot. 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. 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. Prior to issuance of a building permit, the applicant shall provide to Public Works a guarantee of removal and replacement of the driveway approach and sidewalk. These improvements shall be completed prior to final inspection and use of the proposed garage. -3- 6. Exterior walls of the proposed structure shall be made to comply with Building and Fire Safety requirements. 7. Foundations and structural members of the proposed structure shall be brought up to current Fire And Building standards. 8. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS-= USE PERMIT NO. 88-23: 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. USE PERMIT NO.-88-29 Applicant: Marge Smith This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request to permit a temporary outdoor event July 4, 1988 from 7:00 a.m. to 3:30 p.m. The event is a 4th of July celebration including a pancake breakfast and entertainment and will be located in the parking lot at Seacliff Village, 2203 Main Street. Ms. Main stated that the Fire Department has approved the request but has made two requests: 1) that the applicant keep the designated fire lane cleared of tables and, 2) that the applicant submit a detailed plan of the location of the working equipment and propane tanks. The public hearing was opened and Marge Smith, applicant, was present and spoke in support of the request. There was no one else present to speak for or against the request so the public hearing was closed. USE PERMIT NO. 88-29 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. 88-29 will not adversely affect the General Plan of the City of Huntington Beach. -4- 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. CONDITIONS OF -APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 18, 1988 shall be the approved layout. 2. The applicant shall obtain necessary electrical permits. 3. Prior to the operation of any equipment used in conjunction with the "special event", the City shall inspect to insure that the State of California -OSHA Certification - is current. 4. 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. 5. All Alcoholic Beverage Control requirements shall be met. 6. A layout and circulation plan shall be approved by the Fire Department prior to the event. Fire access lanes shall be maintained. 7. An on -site inspection by the Fire Department may be required prior to the event. 8. Appropriate temporary signs for the direction of traffic and on -site parking shall be provided by the applicant. The signs, location and content shall be as required by the Traffic Division of the Police Department. The subject signage shall be removed immediately after the event has been concluded. 9. If applicable, the applicant shall submit to the Police Department a request to operate "games of chance" for their review and approval prior to the event. 10. The applicant shall provide for clean-up of the area after closing of the event. 11. Any outside cooking facilities shall be approved as to type and location by the Fire Department prior to the event. 12. The applicant must submit a detailed site plan (indicating electrical hookups, equipment power sources, cooking equipment, barriers) for Huntington Beach Fire Department approval. This shall be approved prior to the issuance of a Certificate to Operate. 13. A Certificate to Operate shall be issued by the Department of Community Development prior to operation of the event as required by Section 9730.8 of the Ordinance Code. 14. An area shall be designed and roped off for beer and wine, controlled by a security person with signs. The applicant should check with the Police Department for particulars prior to the event. -5- 15. The drive aisle/firelane in front of buildings D, E & H (marked Area One on Exhibit 1) shall be used only as a passageway or viewing area for the entertainment stage. The drive aisle shall be partitioned off with barriers which can be easily moved; "Emergency Fire Access" signs shall be provided at these barricades. The intent of this condition is to allow this area to be easily accessed for firelane purposes. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant may erect the tent and have the sale provided that all conditions of approval have been met. 3. Zoning Administrator reserves the right to revoke Use Permit No. 88-29 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. USE PERMIT NO. 88-31 Applicant: Pat's Ski be Sport Shop This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request for a tent sale on June 25 and 26 in the parking lot located at 8909 and 8911 Adams Avenue. She stated that the tent will be 30 ft. x 30 ft. She stated that staff is requesting that a full parking space along the side of the tent be blocked. The Fire Department has approved the request. The public hearing was opened and there was no one present to speak for or against the request so the public hearing was closed. USE PERMIT NO. 88-31 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. 88-31 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. -6- SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 25,1988 shall be the approved layout. 2. The applicant shall provide for clean up of the area after closing of the event. 3. 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. 4. 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. 5. Sidewalks shall be maintained at a clear width of four feet (41). 6. Two (2) whole parking spaces adjacent to the south side of the tent shall remain clear for turn around and safety purposes. A visible barricade shall be provided. INFORMATION ON -SPECIFIC CODE REQUIREMENTS: 1. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant may erect the tent and have the sale provided that all conditions of approval have been met. 3. Zoning Administrator reserves the right to revoke Use Permit No. 88-31 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. USE PERMIT NO. 88-33 Applicant: D.D. Dunlap Co. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request to add 370 sq. ft. of outdoor seating area to a restaurant with seating over twelve located at 16871 Algonquin - Huntington Harbour Mall. She stated that the Fire Department is requesting an extra exit door from the patio to the sidewalk within the mall. Staff is recommending approval. The public hearing was opened and Cozette Dunlap, representing the applicant, was present and concurred with the Fire Department requirement of an exit door. There was no one else present to speak for or against the request so the public hearing was closed. USE PERMIT NO. 88-33 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: -7- 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 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 walkways, properly adapts the proposed structures 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. 6. The access to and parking for the proposed use does not create an undue traffic problem. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated June 2, 1988, shall be the approved layout depicting the modifications described herein: a. Patio area with square footage no greater than 370 sq. ft. in area. b. Seating which has been reviewed and approved by the Building division. c. Exiting from subject area which has been reviewed and approved per Building and Fire Department standards. 2. This use permit bears only upon the patio area for Stuft Pizza and does not reflect approval or discussion of any other portions of the shopping center site. 3. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape plans to the Department of Community Development and Public Works for review and approval. 4. Prior to issuance of building permits, plans for the patio shall be reviewed and approved by the Fire Department. 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. Prior to issuance of building permits, the applicant shall provide a certificate of proof of non-flammable material for material used near any heaters. 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- C 8. Proposed structures shall be architecturally compatible with existing structures. 9. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 10. Low volume heads shall be used on all spigots and water faucets. 11. 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. All signs shall be brought into compliance with the Huntington Beach Ordinance Code or any planned sign program for the site prior to occupancy of the patio. 4. Any new signs require separate permits and are not covered by this Use Permit. 5. The Zoning Administrator reserves the right to revoke Use Permit No. 88-33 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. COASTAL DEVELOPMENT PERMIT NO. 88-16 Applicant: Samuel Madrid This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request to add 869 sq. ft. to a single family dwelling (addition to both the first and second floor) located at 16642 Baruna Lane. Ms Main stated that the applicant is basically adding to the upstairs area and the garage. She stated that there are no view problems from the street. Staff has concerns regarding the proposed textured driveway which will cover the utility easement along the front property line. Staff requested the applicant file with the city a approval of the material from the easement owners.. The public hearing was opened and Samuel Madrid, applicant, was present and stated that he would comply with all necessary conditions of approval. There was no one else present to speak for or against the request so the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 88-16 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The proposed single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 5161: 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family residence can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 25, 1988, shall be the approved conceptual layout with the following modifications: a. Bay windows must be a minimum of 30 inches from side property lines. b. Fountain height must be labeled. If its height is over 42 inches, the fountain must meet setback requirements. 2. Prior to issuance of building permits, the applicant shall obtain approval of the proposed concrete paver driveway from the owners of any easements effected by that driveway. Proof of the approval shall be provided to the City of Huntington Beach, Planning Division. 3. A roll up garage door shall be provided for the single car garage which faces the street and shall be compatible with other garage doors provided. 4. 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 cooking facilities, water heaters, and central heating units. 6. Low volume 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. Prior to issuance of building permits, the homeowner shall submit evidence that the plans have been reviewed by the appropriate Homeowners Association. 9. 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. -10- 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 88-18 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE JUNE 20, 1988 STUDY SESSION BY THE ZONING ADMINISTRATOR_ ®,n M �,Awndr-A es w. Faim .nLr Administrator 3174r r', -11-