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HomeMy WebLinkAbout1990-02-07MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY FEBRUARY 7, 1990 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Herb Fauland MINUTES: Minutes of the January 24, 1990 Zoning Administrator Meeting were approved by the Zoning Administrator. REGULAR AGENDA ITEMS: ITEM 1• ENVIRONMENTAL ASSESSMENT NO. 89-49 Applicant: Huntington Beach Company 2120 Main Street, Suite 260 Huntington Beach, California 92648 Request: Proposed grading and drainage plan Location: Westside of Goldenwest Street, approximately 1,350 feet south of Ellis Avenue. Environmental This request is covered by Negative Declaration Status: No. 89-49 Herb Fauland presented the staff report stating that the request was to correct a grading and drainage problem on the property. He said the proposed Negative Declaration had been circulated to the State Clearinghouse for the 30 day review period and that all comments and concerns expressed were included in the conditions of approval. Also a notice was sent to the Department of Fish and Game and no comments had been received. Staff recommended approval with the mitigation measures included as conditions of approval. THE PUBLIC HEARING WAS OPENED Russ Lines representing the applicant was present. -He requested that conditions of approval number 8, 9, 11, 12, 13, 14 and 15 be deleted due to these conditions relating to a future development project and therefore not applicable to the request. Staff responded that conditions 8 and 9 should be deleted; however the other conditions were included to address concerns expressed by the Environmental Review Committee, Environmental Impact Report No. 88-2 and the Regional Water Quality Board. Diana Boom, 6712 Shire Circle, spoke in opposition to the request. She read a prepared statement alleging that Huntington Beach Company had destroyed wetlands and were making the motions of complying with the law. She alleged that the Department of Fish & Game had responded to the Draft Negative Declaration regarding the request for the proposed grading and drainage plan. There were no other persons to speak for or against the request and the public hearing was closed. Staff advised Mrs. Boom that prior to the meeting a telephone call was placed to the Department of Fish & Game; in response to the comment period for Negative Declaration 89-49; however, no comments written or verbal had been received by the Community Development Department. NEGATIVE DECLARATION NO. 89-49 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 following shall be submitted prior to the issuance of a grading permit: A. 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. B. Detailed grading plans for the project shall be submitted to and approved by Community Development and Public Works Departments prior to the issuance of grading permits. C. The Department of Fish and Game shall be notified (as required in Section 1601 through 1603 of the Department of Fish and Game Code). This notification shall be made prior to issuance of grading permits. D. The project proponent shall have reassess the significance of the necessary, the proper mitigation implemented with the Department of the report shall be submitted Development Department. a qualified biologist onsite wetlands and if measures shall be of Fish and Game. A copy to the Community ZA Minutes 2/7/90 -2- (4804d) 2. 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. B. Maintain equipment engines in proper tune. 3. During grading, 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. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 5. The project shall be consistent with the Ellis Goldenwest Specific Plan in preserving area -wide natural drainage patterns, preserving and enhancing the goals, objectives and policies of the General Plan Open Space Element associated with the natural swales. 6. If during grading activities contamination from hazardous substances, included pesticides and oil field wastes, are found to exist or if a potential exists for water quality impacts, and Orange County Health Care Agency, Waste Management Section, should be contacted for oversight of mitigation activities. 7. All future ground disturbing activity within the project area shall be monitored by a qualified archaeologist. If in situ archaeological deposits are encountered, the archaeologist shall be empowered to halt or redirect the ground disturbing activity until proper recovery action can be accomplished. A. All material collected during the above recommended work shall be donated to a local institution which has adequate facilities for duration, display and use by interested scholars and the general public. ZA Minutes 2/7/90 -3- (4804d) 8. Should any abandoned wells or tanks be found within the proposed project area during the grading process, the following measures shall apply: A. All construction onsite shall be in conformance with 1987 DOG standards related to development of residential dwellings near oil wells. B. All oil wells abandoned or re -abandoned onsite during development of the proposed project shall be in conformance with DOG and City of Huntington Beach standards. This will be accomplished to the satisfaction of the City Fire Department. C. If any unrecorded wells are uncovered or damaged during excavation or grading, DOG shall be notified and remedial cementing operations shall be required as necessary. D. All abandoned or deserted wells and drill sites in the project boundaries must be brought up to current abandonment standards set forth by the DOG and the City. All costs of abandonment and re -abandonment operations shall be the responsibility of the land developer. E. Written approval from the State Oil and Gas Supervisor shall be obtained prior to plugging or abandoning any well onsite. The DOG shall also be notified to witness or inspect all operations specified in the approval of any notice. F. All abandoned and re -abandoned wells underneath or within ten (10) feet of a structure shall be vented through an exterior wall to the roof line of the structure, as approved by the City's Consulting Geologist. G. All development onsite shall be in conformance with requirements set forth in Article 79 of the Uniform fire Code (UFC) as adopted by the City of Huntington Beach and enforce by the Huntington Beach Fire Department and with the City of Huntington Beach Oil Code as adopted by Council Resolution. H. As future development occurs, prior to issuance of future grading permits, if the City Fire Department finds it necessary, the applicants shall have a Fire Risk Assessment performed. This study shall assess the hazards presented by the oil wells located onsite and define the level of risk from these hazards with respect to life and property. The assessment shall be approved by the City Planning Department and Fire Department. All recommended mitigation measures presented in the assessment shall be incorporated into the design of future tract maps and site plans. ZA Minutes 2/7/90 -4- (4804d) 1 10. If there are any proposed discharges of wastes to land or surface waters of the State from the proposed project, the proponent may be required to file a Report of Waste Discharge with the California Regional Water Quality Board for issuance of waste discharge requirements. These discharges can be those associated with, but not limited to, construction dewatering or dredging activities. The project proponent should contact the office of the California Regional Water Quality Board to determine appropriate permit requirements. 11. The Public Works Department requirements are: A. On steeper (greater than 5%) slopes, erosion control measures shall be provided. B. This plan is a interim drainage plan and is subject to future modifications as deemed necessary by the Public Works 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 Negative Declaration No. 89-49 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2• USE PERMIT NO 90-1/CONDITIONAL EXCEPTION (VARIANCE) NO. 90-1 Applicant: James F. Smith 201 12th Street Huntington Beach, California 92648 Request: To permit the addition of a second story bedroom to an existing single story single family residence with non -conforming setbacks, open space and covered parking. The conditional exceptions (variance) are to building height, site coverage, rear yard setbacks, open space and covered parking. Location: Environmental Status: 201 12th Street This request is covered by Categorical Exemption, Section 15301, Class 1, California Environmental Quality Act, 1986 ZA Minutes 2/7/90 -5- (4804d) Herb Fauland presented the staff report. He reported that the lot is a legal building site; however, the lot is unique due to the lot size and shape (50' x 601) for the Oldtown Specific Plan District. He added that the applicant proposes to maintain the architecture of the historic home but due to the existing lot configuration and existing plot plan, the request cannot meet the development standards for the Oldtown Specific Plan District in numerous areas. Staff recommended approval of the request based on the finding of fact for land related hardships. THE PUBLIC HEARING WAS OPENED James and Wendy Smith, owners of the property, urged approval of the request stating their intent is to live in their home for the rest of their lives. Staff added that comments had been received from the Historic Board supporting the request. There were no other persons to speak for or against the request and the public hearing was closed. USE PERMIT NO. 90-1/CONDITIONAL EXCEPTION (VARIANCE) NO. 90-1 WERE 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 - USE PERMIT N0, 90-1: 1. The establishment, maintenance and operation of the addition of a five hundred thirty-six (536) sq. ft. second story bedroom addition 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. 90-1 to add a five hundred thirty-six (536) sq. ft. second story bedroom addition will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposed addition of a five hundred thirty-six (536) sq. ft. second story bedroom addition is consistent with the goals and objectives of the City's General Plan and Land Use Map. ZA Minutes 2/7/90 -6- (4804d) , I 1 FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-1: 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 Oldtown Specific Plan and has approximately sixty-two (62) feet of lot depth and is non -conforming as to covered parking, rear yard setback and open space. The existing single story residence is provided with one (1) covered parking space, a 1'-6" rear yard setback and no code required open space. 2. The granting of Conditional Exception (Variance) No. 90-1 for the construction of a second story bedroom to an existing single story residence with variance to building height, site coverage, rear yard setback, front entry garage setback, open space and covered parking is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-1 for the construction of a second story bedroom to an existing single story residence with variance to building height, site coverage, rear yard setback, front entry garage setback, open space and covered parking will not be materially detrimental to the public health, safety and welfare, or injurious to the land, property or improvements in the neighborhood. 4. The granting of Conditional Exception (Variance) No. 90-1 for the construction of a second story bedroom to'an existing single story residence with variance to building height, site coverage, rear yard setback, front entry garage setback, open space and covered parking will not defeat the general purposes or intent of the code which is to provide code required parking, setbacks and open space. 5. The granting of Conditional Exception (Variance) No. 90-1 for the construction of a second story bedroom to an existing single story residence with variance to building height, site coverage, rear yard setback, front entry garage setback, open space and covered parking is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Medium Density Residential. 6. The granting of Conditional Exception (Variance) No. 90-1 for the construction of a second story bedroom with variance to building height, site coverage, rear yard setback, front entry garage setback, open space and covered parking 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 (Variance) No. 90-1 is sought and will proceed to do so without unnecessary delay. ZA Minutes 2/7/90 -7- (4804d) 1 SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 4, 1990 shall be the conceptually approved. 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. Proposed structures shall be architecturally compatible with existing structures. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 5. Low -volume heads shall be used on all spigots and water faucets. 6. Repair and construct one-half (1/2) round the drain crossing 12th Street pursuant to Public Works Standards. 7. Dedicate 20' corner right-of-way radius and construct all Public Works improvements. 8. All applicable Public Works fees shall be paid prior to issuance of building permits. 9. All proposed building walls setback at l'-6" from property line shall be constructed with one (1) hour construction and/or parapet and/or no openings pursuant to Building Department requirements. 10. The applicant shall file for review and approval a parcel map consolidating the two (2) parcel of land into one (1) lot prior to final building permit inspection. 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. 90-1/Conditional Exception (Variance) No. 90-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes 2/7/90 (4804d) ITEM 3: LOT LINE ADJUSTMENT NO. 90-1 Applicant: The Keith Companies Marilyn Brooks 200 Baker Street Costa Mesa, California 92626 Request To adjust the property line between AP #145-521-12, Parcel 1, and Lot 1, Tract 9907 approximately 1,135 feet to the south. Location: 5555 McFadden Avenue Environmental This request is covered by Categorical Exemption, Status: Section 15315, Class 15, California Environmental Quality Act, 1986 Herb Fauland presented the staff report. He said the property is part of the Weiser Lock building and that the request meets the criteria for a lot line adjustment. He stated that as a condition of approval, an Administrative Review would be required prior to recording of the lot line adjustment to ascertain that appropriate setbacks, parking, landscaping and other code requirements are met. Ward Kinsman said the Fire Department would require a closure plan identifing the method of disposing of hazardous materials. John Willman, the applicant's representative, agreed with the conditions of approval and stated that the intent was to severe the building and have two seperate buildings on two parcels of land. LOT LINE ADJUSTMENT NO. 90-1 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 lot line adjustment will not create a nonconforming parcel pursuant to the review and approval of an Administrative Review. 2. The lot line adjustment will not create a nonconforming yard requirement pursuant to the review and approval of an Administrative Review. 3. The lot line adjustment will not sever existing structures on the two lots pursuant to the review and approval of an Administrative Review. ZA Minutes 2/7/90 -9- (4804d) 1 CONDITIONS OF APPROVAL A. PRIOR TO THE SAID PLAT MAP BEING RECORDED WITH THE COUNTY RECORDER, THE APPLICANT SHALL SUBMIT FOR REVIEW AND APPROVAL AN ADMINISTRATIVE REVIEW APPLICATION FOR THE SUBJECT PROPERTIES. B. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Lot Line Adjustment received by the Department of Community Development on January 18, 1990 shall be the approved layout. 2. Monuments for the newly -established property lines shall be readjusted in compliance with the Subdivision Map Act. A record of survey shall be completed to verify the location of the newly placed monuments. 3. Said plat map shall be recorded with the County recorder prior to the issuance of a certificate of compliance for the structure and/or structures upon subject properties. A copy of the recorded document shall be submitted to the Department of Community Development for the file. 4. The Fire Department Requirements are as follows: a. All fire protection systems shall be separated to stand along for each parcel. b. All existing on -site fire protection systems shall be upgraded to current City standards. c. Fire Department access shall be maintained to current City standards. d. A closure plan shall be submitted to the Huntington Beach Fire Department (City specification No. 427). ITEM 4: ADMINISTRATIVE REVIEW NO. 90-1 Applicant: Request: Location: Environmental Status: Steve Downs 18368 Enterprise Lane Huntington Beach, California 92648 To construct a 2,290 square foot second story mezzanine and add three (3) additional parking spaces. 7442 Vincent Circle This request is covered by Categorical Exemption, Section 15301, Class 1, California Environmental Quality Act, 1986 ZA Minutes 2/7/90 -10- (4804d) 1 Herb Fauland presented the staff report. He reported that the applicant is proposing to remove a truck loading area and add a warehouse with a mezzanine area above. Based upon the parking requirement for the proposed remodel, the request would meet City Code requirements for parking. Staff recommended approval with finding and conditions. The applicant was present but did not have any questions or comments. ADMINISTRATIVE REVIEW NO. 90-1 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 January 12, 1990, shall be the conceptually approved layout. 2. There shall be no outside storage of any kind. 3. The Fire Department requirements are as follows: a. Extend automatic sprinkler system per Huntington Beach Fire Department Standards. 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. 90-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO, 90-3 Applicant: Huntington Harbour Anglers Jim Paulk 3571 Running Tide Circle Huntington Beach, California 92649 Request: Location: Environmental Status: Temporary Outdoor Event to permit the 19th Annual Huntington Harbour Charity Bazaar on May 5, 1990. 16899 Algonquin (Huntington Harbour Mall) This request is covered by Categorical Exemption, Section 15304, Class 4, California Environmental Quality Act, 1986 ZA Minutes 2/7/90 -11- (4804d) r Ll Herb Fauland presented the staff report. He said the request is for a one day charity event and recommended approval with conditions. Jim Paulk, the applicant, spoke in support of the request. He said the proceeds of the bazaar would be to take local underprivileged children on fishing trips. USE PERMIT NO. 90-3 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. ITEM 6: COASTAL DEVELOPMENT PERMIT NO. 90-3 Applicant: Request: Location: Environmental Status: Samuel P. Madrid 222 Fashion Lane Tustin, California Demolish existing build a new 3,300 residence. 92680 single family residence and sq.ft. two story single family 4151 Morningstar Drive (Huntington Harbour). This request is covered by Categorical Exemption, Section 15303, Class 3, California Environmental Quality Act, 1986 Herb Fauland presented the staff report. He said the request meets the R1 and CZ requirements and recommended approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED The applicant was present but did have any questions or comments. There were no other persons to speak for or against the request and the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 90-3 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 AND WITHIN ANOTHER TEN (10) DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL/COASTAL DEVELOPMENT PERMIT NO, 90-3: 1. The demolition of an existing single family residence and construction of a new 3,300 sq.ft. two story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. ZA Minutes 2/7/90 -12- (4804d) 2. Coastal Development Permit No. 90-3 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 demolition of an existing single family residence and construction of a new 3,300 sq.ft. two story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed demolition of an existing single family residence and construction of a new 3,300 sq.ft. two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 11, 1990 shall be the conceptually approved layout. 2. All proposed docks and ramp improvements shall require separate permits for the improvements located within the public waterways. 3. All proposed cantilevered deck improvements require separate permits for the improvements. 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. Proposed structures shall be architecturally compatible with existing structures. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. The Public Works Department requirements are: a. Repair and replace curb and gutter, driveway and sidewalk. b. Water service shall be upgraded and removed from driveway pursuant to Public Works standards. c. The applicant shall submit a grading plan and soils report for review and approval to the Public Works Department prior to issuance of building permits. d. The applicant shall pay all applicable Public Works fees. ZA Minutes 2/7/90 -13- (4804d) 1 �1 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 Coastal Development Permit No. 90-3 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED BY THE ZONING ADMINISTRATOR TO THE NEXT MEETING OF FEBRUARY 14, 1990. Michael Strange Zoning Administrator :jr ZA Minutes 2/7/90 -14- (4804d)