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Home My WebLink About1989-12-06MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, DECEMBER 6. 1989 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Herb Fauland MINUTES: Minutes of the November 29, 1989 Zoning Administrator Meeting were approved. REGULAR AGENDA ITEMS: SITE PLAN AMENDMENT NO. 89-6 Applicant: James R. Hetzler 3321 Admiralty Drive Huntington Beach, CA 92649 Request: To permit access and construct a new drive approach on Gothard Avenue for an existing Industrial Complex. Location: 17750 Gothard Avenue (Northeast corner of Gothard and Belva Avenues.) Environmental This request is covered by Categorical Exemption, Status: Section 15301, Class 1, California Environmental Quality Act, 1986 Staff reported that this is a request to allow access off Gothard Street for entrance into an existing industrial complex. The two (2) industrial buildings were originally approved under Administrative Review No. 88-3. During initial development review of the site, Public Works stated that they would not allow access off Gothard Street when adequate access could be provided off the secondary street. The project was approved in 1988 without the curb cut and or access off Gothard Street. During review of the current request, staff maintained a recommendation of denial, but communication was received from Public Work's Traffic Engineer reversing Public Work's original opinion regarding access off Gothard in support of the current request. Staff maintained a recommendation for denial based upon safety concerns and City Policy to provide access off a secondary street in lieu of the arterial street. The Zoning Administrator asked staff if there was a left turn pocket delineated along Gothard Street. Staff replied that there was no striped left turn pocket. The Zoning Administrator stated that he would recommend approval based upon the City's Traffic Engineers memorandum dated November 2, 1989 with a sign at the proposed drive approach stating "No Left Turns" leaving the site. James R. Hetzler, applicant was present and spoke in support of the request. SITE PLAN AMENDMENT NO, 89-6 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The proposed revision to permit access and construct a new drive approach on Gothard Avenue does not constitute a substantial change. 2. The proposed revision to permit access and construct a new drive approach on Gothard Avenue does not change the use of the property. 3. The revision to permit access and construct a new drive approach on Gothard Avenue results in an improved development by developing improved on -site circulation and adequate truck and vehicular access. 4. The revision to permit access and construct a new drive approach on Gothard `Avenue does comply with all applicable provisions of the Huntington Beach Ordinance Code. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan dated November 6, _1989 shall be the approved layout with the following modification: a. A "No Left Turn" exit sign shall be placed at proposed drive approach. 2. All other conditions of approval for previously approved Administrative Review No. 88-3/Tentative Parcel Map No. 88-149 shall remain in effect.. 3. The Fire Department requirements are as follows: a. Provide and maintain 27 ft. wide unobstructed drives. b. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 4. The applicant shall obtain all necessary Public Works permits. 5. The development shall comply with all applicable provisions of the Huntington Beach Ordinance Code, Building Division and Fire Department. CONDITIONAL EXCEPTION NO. 89-57 Applicant: Phillip J. Titolo 201 Frankfort Avenue Huntington Beach, CA 92648 Request: To construct a five -hundred and seventeen (517) sq. ft. recreation room addition above an existing two car garage with an open walkway in lieu of a fully enclosed open corridor as required pursuant to Section 9130.13(d) of Article 913 of the Huntington Beach Ordinance Code. ZA Minutes 12/6/89 -1- 5441h Location: 201 Frankfort Avenue (Northeast corner of 5th Street and Frankfort Avenue.) Environmental This request is covered by Categorical Exemption, Status: Section 15301, Class 1, California Environmental Quality Act, 1986 Staff reported that the applicant's request for a room addition above the garage created a thirteen foot wide walkway enclosed on three sides with one side open to a balcony area. Staff stated that code requires the corridor to be fully enclosed on all sides and provide an open flow from the proposed room addition to the existing single family residence. Staff reported that due to a lack of a land related hardship and because the request does not meet code, staff is recommending denial. The public hearing was opened and Phillip Titolo, applicant, and Mr. Thompson, applicant's architect, were present and spoke in support of the request. Mr. Thompson also mentioned that the code was unclear as to the wording on open corridors. Staff and the applicant's architect discussed the wording of the code section and the intent of the fully enclosed open corridor. There was no one else present to speak for or against the request so the public hearing was closed. The Zoning Administrator stated that his decision to deny the request was based on the facts that there was no land related hardship and also allowing the applicant to proceed could set a precedent for surrounding neighbors. CONDITIONAL EXCEPTION NO. 89-57 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS: FINDINGS FOR DENIAL: 1. Because of no special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the Zoning Ordinance is found not to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The subject property is a 35 ft. by 125 ft. regular shaped corner lot that is provided with additional lot width and lot area which provides adequate opportunities to develop the site to Oldtown Specific Plan Development Standards. 2. Since the subject property can be fully developed within regular development standards, Conditional Exception No. 89-57 to permit an open walkway in lieu of a fully enclosed open corridor as required pursuant to Article 913 is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 89-57 to construct an open walkway in lieu of a fully enclosed open corridor as required pursuant to Article 913 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. 4. The granting of the Conditional Exception No. 89-57 to construct an open walkway in lieu of a fully enclosed open corridor as required pursuant to Article 913 will adversely affect the General Plan of the City of Huntington Beach. THE MEETING WAS ADJOURNED TO THE DECEM 3ER THE ZONING ADMINISTRATOR. 4,�,a Michael Strange Zoning Administrator 5441h ZA Minutes 12/6/89 -2- 11, 1989 STUDY SESSION BY 5441h