HomeMy WebLinkAbout1989-06-28MINUTES
HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, CA 02648
WEDNESDAY JUNE 28. 1989 - 1:30 P.M.
ACTING ZONING ADMINISTRATOR: Robert Franklin
STAFF MEMBERS: Thomas Rogers
MINUTES: Minutes of the June 21, 1989 Zoning Administrator Meeting were
continued to July 5, 1989.
REGULAR AGENDA ITEMS:
ADMINISTRATIVE REVIEW NO. 89-10/ENVIRONMENTAL ASSESSMENT NO. 89-16
Applicant: Dewayne Brown
15481 Electronic Lane #E
Huntington Beach, CA 92649
Request: Two industrial buildings (approximately 27,500 square feet total).
Location: 17752 and 17762 Metzler Lane
Environmental This request is covered by Negative Declaration
Status: No. 89-16
Staff member, Thomas Rogers, reported that this will be used for office space. He stated
that the Design Review Board has approved the request with the stipulation that the
applicant modify the elevations to reflect a smooth texture throughout the entirety of the
project. Staff recommended approval.
Dewayne Brown, applicant, was present and spoke in support of the request.
ENVIRONMENTAL ASSESSMENT NO. 89-16 AND ADMINISTRATIVE REVIEW NO. 89-10
WERE APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING
FINDINGS AND CONDITIONS:
MITIGATION MEASURES/CONDITIONS REQUIRED TO APPROVE NEGATIVE
DECLARATION 89-16
1. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters,
and central heating units.
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2. Low volume heads shall be used on all showers.
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. If lighting is included in the parking lot and/or recreation area energy efficient
lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside
lighting shall be directed to prevent "spillage"onto adjacent properties.
5. A detailed soils analysis including tests for soil contaminants 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. Should soil contamination be found, cleanup would be required prior to
the issuance of any permits. Cleanup must be to Orange County Health Care
Agency standards.
6. If foil -type insulation is to be used, a fire retardant type shall be installed as
approved by the Building Department.
7. Prior to the issuance of a grading permit, a grading plan shall be submitted to the
City's Department of Public Works. A plan for silt control for all water runoff
from the property during construction and during initial operation of the project
may be required by the Director of Public Works if deemed necessary.
8. Information on equipment or facilities which may generate air pollutants shall be
submitted to the South Coast Air Quality Management District staff for their
review prior to the issuance of a Certificate Of Occupancy for any use within the
building.
9. If any hazardous materials are to be used on site, the business must comply with
Chapter 1758 of the City's Municipal Code which requires any business that handles
or stores hazardous materials, including waste, to inventory the hazardous
materials on site and prepare a business emergency plan in case of an accidental
release of toxic material. - Additionally, all hazardous materials, including waste,
must be handled and stored in accordance with the Uniform Fire Code. Waste oil is
considered a hazardous waste.
10. Should any cultural materials be encountered during the excavation activities, all
activity shall cease and the developer shall notify the City Planning Division to
determine the appropriate course of action.
11. Should any human bone be encountered during any construction activities on the
site, the developer shall contact the coroner pursuant to Section 5097.98 and
5097.99 of the Public Resources Code relative to Native American Remains.
Should the coroner determine the human remains to be Native American, the
Native American Heritage Commission shall be contacted pursuant to State Law
SB 297.
12. During cleaning, grading, earth moving or excavation, the applicant shall:
a. Control fugitive dust by regular watering, paving construction roads, or other
dust preventive measures.
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b. Maintain equipment engines in proper tune.
13. During construction, the applicant shall:
a. Use water trucks or sprinkler systems to keep all areas where vehicles move
damp enough to prevent dust raised when leaving the site,
b. Wet down areas in the late morning and after work is completed for the day,
C. Use low sulfur fuel (.05% by weight) for construction equipment,
d. Phase and schedule construction activities to avoid high ozone days (first
stage smog alerts),
e. Discontinue construction during second stage smog alerts.
14. Construction and grading shall be limited to Monday — Saturday 7:00 AM to 8:00
PM. Construction shall be prohibited Sundays and Federal holidays.
SPECIAL CONDITIONS OF APPROVAL — ADMINISTRATIVE REVIEW NO. 89-10:
1. The site plan, floor plans, and elevations received and dated April 27, 1989 shall be
the approved layout, with the following modifications:
a. The "Site Data" on the site plan shall be modified to eliminate any reference
to warehousing.
b. The floor plan shall be modified to remove 160 square feet of office area so
as to conform with Article 960 of the Huntington Beach Ordinance Code
regarding parking provided.
2. Prior to issuance of building permits, applicant shall file a parcel map consolidating
the subject lots. Said map shall be recorded prior to final inspection and a copy
submitted to the Department of Community Development.
3. Prior to issuance of building permits, the following plans and items shall be
submitted and/or completed by the applicant:
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.
5. A fifteen foot wide sewer drain easement along the easterly property line shall be
dedicated to City standards.
6. Metzler Lane shall be dedicated to its ultimate width.
7. Special architectural treatment shall be provided on all building walls as approved
by the Design Review Board during its regular meeting on May 15, 1989 (See
approved plans in file).
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8. An automatic fire sprinkler system shall be approved and installed pursuant to Fire
Department regulations. Said system shall include alarm monitoring and be
designed to extra hazard density.
9. Service roads and fire lanes, as determined by the Fire Department, shall be posted
and marked.
10. 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.
11. Driveway approaches shall be a minimum of twenty—seven feet (27') in width and
shall be of radius type construction.
12. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
13. All repair work shall be conducted wholly within the building.
14. Proposed structures shall be architecturally compatible with existing structures.
15. All applicable Public Works fees shall be paid prior to issuance of building permits.
16. All utility apparatuses such as but not limited to backflow devices and Edison
transformers, shall be depicted on the site plan and shall be prohibited in the front
yard and exterior sideyards.
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 applicant shall obtain the necessary permits from the South Coast Air Quality
Management District.
4. Development shall meet all local and State regulations regarding installation and
operation of all underground storage tanks.
5. A grading plan shall be required.
6. Landscaping shall comply with S. 960 of the Huntington Beach Ordinance Code.
USE PERMIT NO. 89-31
Applicant:
Request:
Location:
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Huntington Seacliff Corporation
2134 Main Street, Ste 185
Huntington Beach, CA 92648
Annual 4th of July Pancake Breakfast and Carnival
2134 Main Street (Seacliff Shopping Center)
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Environmental This request is covered by Categorical Exemption,
Status: Section 15311, Class 11, California Environmental Quality Act,
1986
Staff member, Thomas Rogers, reported that this is a Temporary Outdoor Event. He
stated that the applicant provided a detailed site plan indicating the facilities involved in
the request. He stated that the Huntington Beach Police Department issued a temporary
alcohol license.
Mr. Franklin, Acting Zoning Administrator, asked Mr. Rogers is the tenants of the center
supported the request. Mr. Rogers responded yes and also stated that he had received a
letter of authorization from the Seacliff Corporation.
Debbie Bee, representing the applicant, spoke in support of the request.
USE PERMIT NO. 89-31 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS:
FINDINGS FOR APPROVAL:
1. The establishment, maintenance, and operation of the temporary outdoor event 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. 89-31 will not adversely affect the General Plan of
the City of Huntington Beach.
3. The combination and relationship of one proposed use to another on a site are
properly integrated.
SPECIAL CONDITIONS OF APPROVAL:
1. The plot plan received June 6, 1989, shall be the conceptually approved layout.
2. The applicant shall obtain necessary electrical permits.
3. All special equipment used in conjunction with the "special event" shall meet state
standards as to safety and have valid state certification.
4. A certificate of insurance form shall be filed in the Administrative Services
Department in an amount deemed necessary by the Public Liability Claims
Coordinator along with a Hold Harmless Agreement executed by the insured 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.
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8.
Appropriate temporary signs for the direction of traffic and on -site parking shall
be provided by the applicant. The signs, location, and content to be as required by
the Traffic Division of the Police Department.
9.
If applicable, the applicant shall submit to the Police Department, prior to the
event, a request to operate "games of chance" for their review and approval.
10.
The applicant shall provide for clean-up of the area after closing of the event.
11.
Prior to the event, the Fire Department shall approve, as to type and location, any
outside cooking facilities.
12.
An area for beer and wine shall be designed, roped off, and controlled by a
security person with signs. The applicant should check with the Police Department
for particulars prior to the event.
USE PERMIT NO. 89-29
Applicant: Edward L Launders
1107 Florida Street
Huntington Beach, CA 92648
Request: A three (3) foot side yard setback in lieu of a five (5) foot setback
for a dining room addition.
Location: 1107 Florida Street
Environmental This request is covered by Categorical Exemption,
Status: Section 15301, Class 1 and Section 15305, Class 5, California
Environmental Quality Act, 1986
Staff member, Thomas Rogers, reported that due to the configuration of the lots staff is
recommending approval. Mr. Franklin, Acting Zoning Administrator, asked Mr. Rogers if
the Fire Department approved the request. Mr. Rogers stated yes. Mr. Franklin also
restated that the applicant would be required to sign a covenant for dedication of the
alley.
The public hearing was opened and Mrs. Launders was present. She asked if the dedication
was necessary because the cost of the construction is not one third of the dedication.
After a brief discussion, staff decided that the determination of the dedication would be
left up to Public Works Standards.
There was no one else present to speak for or against the request so the public hearing
was closed.
USE PERMIT NO. 89-29 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS:
FINDINGS FOR APPROVAL:
1. The sideyard reduced/setback 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.
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2. The granting of Use Permit 89-29 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 reduced setback results in an improved design and utility of single family
dwellings.
5. The proposed addition is compatible with the surrounding neighborhood.
6. The proposed structure does not have a detrimental effect on the general health,
safety, welfare, or privacy of the surrounding residents.
7. Variation in the building setback shall be provided through the use of offsets and/or
other architectural features. The reduced sideyard setback is only for sixteen (16)
linear feet; the remainder of the structure is set back (10) ten feet.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated May 24, 1989, shall be
the approved layout.
Prior to issuance of building permits, the alley shall be dedicated to city standards
if deemed necessary by the Department of Public Works.
2. 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.
3. Low -volume heads shall be used on all spigots and water faucets.
4. In lieu of processing a parcel map to consolidate the two lots, the property owner
shall sign, notarize, and record with the County Recorder a covenant assuring that
the two (2) lots shall be held as one. Said document shall be recorded 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 obtain the necessary permits from the South Coast Air Quality
Management District.
CONDITIONAL EXCEPTION NO. 89-11
Applicant: John Goetten
1900-H East Warner Avenue
Santa Ana, CA 92705
Request: To permit a gazebo to encroach within the five (5) foot side yard
setback (1.5 feet in lieu of 5 feet).
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Location: 16201 Wayfarer Lane
Environmental This request is covered by Categorical Exemption,
Status: Section 15301, Class 1 and Section 15305, Class 5, California
Environmental Quality Act, 1986
Staff member, Thomas Rogers, reported that the opinion by the City Attorney's Office,
dated May 24, 1989, stated that the accessory structure could cantilever over the bulk
head pursuant to the current code and that the variance required is for the side yard
setback only, which was approved based upon the unusual configuration of the lot. A
letter was received by the adjacent property owner in favor of the request. Staff
recommended approval.
The public hearing was opened and John Goetten, 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.
CONDITIONAL EXCEPTION NO. 89-11 WAS APPROVED BY THE ACTING ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS:
FINDINGS FOR APPROVAL:
1. The granting of a conditional exception will not constitute a grant of special
privilege inconsistent upon other properties in the vicinity and under an identical
zone classification.
2. 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 classification. The subject property is irregularly shaped and although the
gazebo is setback five (5) feet from the adjacent property at the bulkhead. The side
yard property line is at a fifty degree (500) angle to the bulkhead line resulting in a
reduced side yard setback.
3. The granting of a conditional exception is necessary to preserve the enjoyment of
one or more substantial property rights.
4. The granting of conditional exception will not be materially detrimental to the
public welfare or injurious to property in the same zone classifications. The
proposed gazebo is proposed to be constructed to City adopted building codes.
Additionally, the owners of the adjacent property to the north have submitted a
letter stating that they are not apposed to the proposed structure.
5. The granting of a conditional exception will not adversely affect the general plan of
the City of Huntington Beach.
6. The Attorney's Office has submitted a legal opinion stating that the proposed
gazebo is not a deck, therefore, the structure complies with the Huntington Beach
Municipal Code.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated March 17, 1989 shall be
the approved layout with the following modification:
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a. The elevation shall be modified to comply with the Uniform Code as adopted by
the City of Huntington Beach.
2. Prior to issuance of building permits, the applicant shall obtain approval for the
proposed structure from the California Coastal Commission.
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. 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, Fire Department, and Public Works Department.
2. The applicant shall meet all applicable local, State, and Federal Fire Codes,
Ordinances, and standards.- --
CONDITIONAL EXCEPTION NO. 89-28
Applicant: John David King
7901 Professional Circle #200
Huntington Beach, CA 92648
Request: A bedroom addition over an existing garage resulting in a reduced
dimension for the required private open space provided on -ground
(6 feet in lieu of 15 feet).
Location: 202 22nd Street
Environmental This request is covered by Categorical Exemption,
Status: Section 15305, Class 5, California Environmental Quality Act, 1986
Staff recommended approval.
The public hearing was opened and John King, 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.
CONDITIONAL EXCEPTION NO. 89-28 WAS APPROVED BY THE ACTING ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS:
FINDINGS FOR APPROVAL:
1. The granting of a conditional exception will not constitute a grant of special
privilege inconsistent upon other properties in the vicinity and under an identical
zone classification. Also, other similar variances have been granted within the
Townlot Specific Plan area. Although the proposed project does not have a
minimum dimension of fifteen (15) feet for the required open space, three hundred
and thirty three (333) square feet of usable open space is being provided.
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2. 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 classification. The subject property has a garage with a zero foot side yard
setback which provides additional open space on the ground (201 square feet with a
six (6) foot minimum dimension). Additionally, one hundred and thirty two (132)
square feet of open space is provided between the garage and the dwelling with a
minimum dimension of eleven (11) feet. These usable areas in conjunction with the
area under the corridor and third floor deck provides over eight hundred (800) square
feet of "usable" recreation area.
3. The granting of a conditional exception is necessary to preserve the enjoyment of
one or more substantial property rights.
4. The granting of conditional exception will not be materially detrimental to the
public welfare or injurious to property in the same zone classifications.
5. The granting of a conditional exception will not adversely affect the general plan or
the City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated May 26, 1989 shall be
the approved layout with the following modification:
a. The circular stairway shall be between the second story and third floor deck
only. Said stairway shall not touch or be accessible from grade level.
2. No more than three (3) bedrooms shall be permitted.
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. Low —volume heads shall be used on all spigots and water faucets.
6. Prior to issuance of building permits, the property owner shall sign, notarize, and
record with the County Recorder a "Covenant" assuring that the single family
residence will be maintained as one (1) dwelling unit.
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.
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CONDITIONAL EXCEPTION NO. 89-29
Applicant: Jerry W. Palmer
22091 Rockport Lane
Huntington Beach, CA 92646
Request: Reduce rear yard setback (7 feet in lieu of 10 feet) for a one story
addition.
Location: 22091 Rockport Lane
Environmental This request is covered by Categorical Exemption,
Status: Section 15301, Class 1 and Section 15305, Class 5, California
Environmental Quality Act, 1986
Staff member, Thomas Rogers, reported that the proposed request would be a one story
and would result in low impact to adjacent properties. He stated that the open space is
well above the required allowed. Staff recommended approval.
Mr. Franklin asked staff if there were any complaints. Mr. Rogers stated that there were
none.
The public hearing was opened and Jerry Palmer, 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.
CONDITIONAL EXCEPTION NO. 89-29 WAS APPROVED BY THE ACTING ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS:
FINDINGS FOR APPROVAL:
1. The granting of a conditional exception will not constitute a grant of special
privilege inconsistent upon other properties in the vicinity and under an identical
zone classification. Although the proposed addition encroaches into the rear yard
setback, approximately one thousand seven hundred (1,700) square feet of open
space is being provided, approximately five hundred (500) square feet over the
minimum required by code.
2. 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 classification. The subject lot is located at the end of a cul—de—sac creating a
pie —shaped lot. This unusual configuration makes the property difficult to fully
develop within the code requirements.
3. The granting of a conditional exception is necessary to preserve the enjoyment of
one or more substantial property rights.
4. The granting of conditional exception will not be materially detrimental to the
public welfare or injurious to property in the same zone classifications. The
addition is proposed to be a maximum of one story thereby minimizing the impact to
the adjacent property to the rear.
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5. The granting of a conditional exception will not adversely affect the general plan of
the City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated June 1, 1989 shall be
the approved layout.
2. The proposed addition shall be limited to one story.
3. Future second story additions shall maintain the required setback of ten (10) feet.
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.
5. Low —volume heads shall be used on all spigots and water faucets.
6. 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.
THE MEETING WAS ADJOURNED TO THE JULY 3, 1989 STUDY SESSION BY THE
ZONING ADMINISTRATOR.
Robert Franklin
Acting Zoning Administrator
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