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HomeMy WebLinkAbout1989-12-13MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 13, 1989 - 1:30 P.M. ZONING ADMINISTRATOR: Hal Simmons (Acting) STAFF MEMBER: Herb Fauland MINUTES: Minutes of the December 6, 1989, Zoning Administrator Meeting were continued to the January 3, 1990 meeting. REGULAR AGENDA ITEMS: ITEM 1: TENTATIVE PARCEL MAP NO. 89-366 Applicant: Dewayne Brown Development 15481 Electronic Lane, Unit E Huntington Beach; CA 92649 Request: To consolidate five (5) lots into one (1) parcel of land. Location: 17752 and 17762 Metzler Lane Environmental This request is covered by Categorical Exemption, Status: Section 15315, Class 15, California Environmental Quality Act, 1986 Herb Fauland presented the staff report with recommendation for approval with conditions of approval. He said the applicant plans to construct an industrial building on -site. Dewayne Brown, applicant, was present and concurred with all conditions of approval. TENTATIVE PARCEL MAP NO. 89-366 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Community Development on November 17, 1989 shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Metzler Lane shall be dedicated to City standards. \i 4. A twenty (20) ft. wide sewer and storm drain easement along the easterly property line shall be dedicated to the City of Huntington Beach. 5. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 6. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. 7. All utilities shall be installed underground at the time said parcel is developed. 8. Compliance with all applicable City Ordinances. 9. A copy of the recorded parcel map shall be filed with the Department of Community Development. 10. All vehicular access rights along Metzler Lane shall be dedicated to the City of Huntington Beach except at locations approved by the Zoning Administrator. ITEM 2: ADMINISTRATIVE REVIEW NO., 89-18 Applicant: Pacific Reef, Inc. P.O. 2705 - 223 Huntington Beach, CA 92649 Request: To permit a seafood distribution/warehouse facility. Location: 15571 Producer Lane Environmental This request is covered by Categorical Exemption, Status: Section 15301, Class 1, California Environmental Quality Act, 1986 Herb Fauland presented the staff report with recommendation for approval with conditions of approval. He said the applicant is proposing to lease 1,700 square feet of an existing building for the distribution of packaged seafood products. ADMINISTRATIVE REVIEW NO. 89-18 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 27, 1989, shall be the conceptually approved layout with the following modification: ZA Meeting - 12/13/89 -2- (4347d) a. A detailed final floor plan shall be submitted to the \\ Community Development Department. The total office floor area shall not exceed 10 percent of gross floor area of the leasehold area. 2. Prior to issuance of Certificate of Occupancy, the applicant shall submit a revised floor plan as noted in Condition No. 1. 3. There shall be no outside storage of any kind. 4. The applicant shall obtain all necessary County of Orange Health Department permits prior to the issuance of Certificate of Occupancy. A copy of all permits shall be submitted to the Community Development Department and included in the subject file. 5. The Fire Department requirements are as follows: a. Provide the existing building suite with an automatic fire sprinkler system to the satisfaction of the Fire Department. b. Any proposed freezers for seafood storage must be provided with an automatic fire sprinkler system to the satisfaction of the Fire Department. 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 Administrative Review No. 89-18 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 3: CONDITIONAL EXCEPTION NO 89 63 Applicant: Larry Cubit 211 Crest Avenue Huntington Beach; CA 92648 Request: To construct a fireplace within nine (9) inches of an interior side yard property line in lieu of the required thirty (30) inches pursuant to Section 9110.7(a) of the Huntington Beach Ordinance Code.. Location: 211 Crest Avenue Environmental This request is covered by Categorical Exemption, Status: Section 15305, Class 5, California Environmental Quality Act, 1986 ZA Meeting - 12/13/89 _ -3- (4347d) Herb Fauland presented the staff report with recommendation for approval with findings and conditions of approval. He said the application was submitted as a result of a Land Use Complaint filed by an adjacent neighbor. A Land Use and Building Department Inspection report revealed that repairs and reinforcement were being made to a non -conforming fireplace in an R1 neighborhood. He also stated that the inspection revealed the applicant was substantially reconstructing the existing fireplace. As a result of the reconstruction, the fireplace was encroaching into the sideyard setback which requires a conditional exception (variance) and discretionary review. A stop work order was issued by the Building Department and the matter was referred to the Zoning Administrator. The Historic Board has made recommendations because the structure is of historic significance for incorporation into the conditions of approval. THE PUBLIC HEARING WAS OPENED Larry Cubit, applicant, spoke in support of the request. He said he was proceeding with the reinforcement of an existing non -ventilated fireplace with masonry, not constructing a new one, and that on -site inspections were made and permits issued until the stop -order was received. He agrees with all of the conditions of approval imposed by staff. Sarah Dunavan, 209 Crest, spoke in opposition to the request. She said the applicant's proposal and building permit states that he is reinforcing for seismic reasons an existing fireplace (which has never been a legal fireplace). She presented pictures and a letter from the original landowner that stated there was never a ventilated fireplace only a gas burning fireplace. She feels the applicant is trying to beat the system by alleging reinforcement rather than new construction of a fireplace. Since she was denied a permit to build a new fireplace at her residence, she does not feel it is right that her neighbor should be issued one. Staff indicated to Ms. Dunavan that if she would like to construct a fireplace that does not meet code requirements for side yard setback, she would have to file a conditional exception (variance) request as Mr. Cubit has. Also, staff expressed to Ms. Dunavan that each person wishing to pursue such a request must file an application and proceed with the proper administrative review. She further addressed her concerns regarding the light, air and ventilation problems because of the setback from her property line to the proposed fireplace, and the fact that she has a tar roof with an overhang which may present a fire hazard. Staff noted that on -site inspections by the Fire and Buidling Departments revealed no health and safety issues if the sideyards are maintainted free and clear for access. Ernie Gisler, no address given, spoke in opposition to the request. He said the proposed construction is against the building codes and should not be allowed for one and not for all residents. He feels the north area of the applicant's property should be kept clear for access in case of a fire. He urged denial of the request. ZA Meeting - 12/13/89 -4- (4347d) Lance Jarof, 215 Crest Avenue, spoke in support of the request. He said his neighbor has upgraded and restored his home, which is a historic structure, to its original condition and feels it enhances the neighborhood. He urged approval of the request. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 89-63 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. FINDINGS FOR APPROVAL: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, building or premises involved that do not apply generally to other property or uses in the same district. The subject property is zoned Low Density Residential (R1) and is provided with approximately 25 feet of lot width which makes the site non -conforming as to lot width. The existing residence is provided with only a 2-1/2 foot interior side yard setback. 2. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property or improvements in the neighborhood. As conditioned to maintain free and clear interior side yards, adequate access in emergency situations is provided. The encroachment of the proposed fireplace maintains adequate light, air, ventilation and emergency access for public health, safety and the general welfare of the neighborhood. 4. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Low Density Residential (R1). ZA Meeting - 12/13/89 -5- (4347d) 5. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches from Section 9110.7(a) of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide adequate interior side yards for light, air, ventilation and access. 6. The granting of Conditional Exception No. 89-63 for the construction of a fireplace within 9 inches of an interior side yard property line in lieu of the required 30 inches will not adversely affect the General Plan of the City of Huntington Beach. 7. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 89-63 is sought and will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated October 2, 1989 shall be the conceptually approved layout with the following modification: a. The applicant shall submit fully dimensioned elevations which depict height, materials and colors of the proposed fireplace prior to final building permit inspection. b. The applicant shall incorporate the Historic Board's recommendations; painting or stuccoing the fireplace to match the existing house's exterior color and finish and not place any modern cap on the top of the fireplace. 3. The applicant shall obtain all necessary building permits for the construction of the proposed fireplace. 4. The existing northern interior side yard shall be kept free and clear. No additions, architectural features or any obstruction shall be constructed and/or placed along the northerly side yard. 5. The southern interior side yard to the rear of the proposed fireplace shall be kept free and clear. No additions, architectural features or any obstruction shall be constructed and/or placed along the southerly side yard. 6. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and the Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. ZA Meeting - 12/13/89 -6- (4347d) 3. The Zoning Administrator reserves the right to revoke \'✓ Conditional Exception No. 89-63 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 4: USE PERMIT NO. 89-37 Applicant: Harbor Pacific Development Company Brent Ogden 4040 MacArthur Boulevard, Suite 314 Newport Beach, CA 92660 Request: Construction of a new 6,400 sq. ft. retail commercial building. Location: Northeast corner of Magnolia Avenue and Atlanta Street. Environmental This request is covered by Categorical Exemption, Status: Section 15303, Class 3, California Environmental Quality Act, 1986 Herb Fauland presented the staff report with recommendation for approval with findings and conditions of approval after resolving the applicant's proposed electrical transformer location. THE PUBLIC HEARING WAS OPENED Brent Ogden, applicant, spoke in support of the request. He said he proposes to locate the transformer behind the monument sign with mature hibiscus plants as screening. His alternative proposal is to build a planter adjacent to the transformer with a 3 foot block wall around the transformer with proper screening. Staff indicated to the applicant that he pursue proper floodproofing pursuant to Southern California Edison and City requirements if at all possible. Ernest Caponera, 9031 Belcaro Drive, expressed his concerns regarding the type of occupancy and the hours of operation. He does not want to experience traffic in and out of the business at all hours of the night because his bedroom window faces the property. He also asked about the signage on the property. He asked for a condition limiting the height of lighted signs since the light would shine directly into his window. He also urged the applicant to not allow any storage of junk cars or bodies of cars at the facility or any debris that would not enhance the neighborhood. Staff indicated to Mr. Caponera all proposed uses require review and compliance with Article 922 (Commercial District) and that all signage would require review and compliance with Article 961 (Signs) of the Huntington Beach Ordinance Code. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Meeting - 12/13/89 -7- (4347d) USE PERMIT NO. 89-37 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) DAYS. FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the 6,400 square foot retail commercial building 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. 89-37 for the 6,400 square foot retail commercial building will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed construction of a 6,400 square foot retail commercial building is consistent with the goals and objectives of the City's General Plan and Land Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated December 4, 1989, shall be the conceptually approved layout with the following modifications: a. The applicant shall floodproof and screen from view with landscaping the 6 foot by 8 foot electrical transformer located in the landscape planter at the corner of Magnolia Street and Atlanta Avenue to the satisfication of the Community Development Department. b. In the event the transformer cannot be floodproofed and screened from view the applicant shall relocate the transformer within the proposed structure. 2. Prior to issuance of building permits, the following plans shall be submitted and/or completed by the applicant: a. Two (2) sets of revised plans as noted in Condition No. 1. 3. The Fire Department requirements are as follows: a. The proposed building shall be provided with an automatic fire sprinkler system throughout. b. The building address shall be provided with 10 inch high numbers and the unit numbers shall be 4 inches high. c. The applicant shall meet all applicable local, state and federal fire codes, ordinance and standards. ZA Meeting - 12/13/89 -8- (4347d) 4. The Public Works Department requirements are as follows: a. All required handicap access ramps shall be constructed. b. All deteriorated public improvements shall be repaired and reconstructed to Public Works standards. c. A grading plan and soils report shall be submitted to and approved by the Public Works Department. d. All applicable Public Works fees shall be paid. e. Driveway approaches shall be a minimum of 27 feet in width and shall be radius -type construction. 5. The applicant shall complete the following prior to Certificate of Occupancy or final building permit inspection: a. The subject property shall offer to dedicate an irrevocable reciprocal driveway and access easement agreement between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and contact and, when approved shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. b. The property owner shall sign, notarize and record with the County Recorder a "Letter of Agreement" approved as to form by the Community Development Department and City Attorney assuring that upon acceptance of the irrevocable reciprocal driveway and access easement agreement between the subject property and the adjacent properties, the applicant shall remove the driveway along Atlanta Avenue and replace the area with a 10 foot wide landscape planter and five (5) standard size parking stalls which will be displaced with the acceptance of a reciprocal access easement with the property to the west. 6. Four (4) sets of landscape construction plans shall be submitted to the Department of Community Development and Public Works and must be approved prior to final inspection. The landscape construction set shall include a landscape plan prepared and signed by a State licensed landscape architect and which includes all proposed plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Article 9608. 7. Should a Traffic Impact fee be adopted by the City Council, the applicant/owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. ZA Meeting - 12/13/89 -9- (4347d) 8. 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. 9. Proposed structures shall be architecturally compatible with existing structures. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low -volume heads shall be used on all spigots and water faucets. 12. All signs require separate permits and shall be constructed in compliance with Article 961 (Signs) of the Huntington Beach Ordinance Code. 13. The construction of the 6,400 square foot retail commercial building shall be constructed in conformance with Article 940 of the Huntington Beach Ordinance Code. 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. 89-37 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE JANUARY 3, 1990 MEETING BY THE ZONING ADMINISTRATOR. M, I Hal Simmons Acting Zoning'Administrator /kla ZA Meeting - 12/13/89 -10- (4347d)