HomeMy WebLinkAbout1991-04-171
MINUTES
HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, California
WEDNESDAY, APRIL 17, 1991 - 1:30 P.M.
ZONING ADMINISTRATOR:
STAFF MEMBER:
MINUTES•
REGULAR AGENDA ITEMS:
Scott Hess
Mike Connor
The Minutes of the April 3 and April 10,
1991 Zoning Administrator Meetings were
continued to the meeting of April 24, 1991.
ITEM 1: USE PERMIT NO 89-52/CONDITIONAL EXCEPTION NO. 89-41 (SIX
MONTH EXTENSION OF TIME)
Applicant: Charles Suri
615 Los Altos Ave.
Long Beach, CA 90814
Request: To permit a six month extension of time for Use Permit
No. 89-52 permitting an addition to an existing
nonconforming structure; and Conditional Exception No.
89-41 permitting a nine (9) foot wide drive aisle in
lieu of ten (10) feet as required by Section 9603.4 of
the Huntington Beach Ordinance Code.
Location: 16692 Algonquin Street
Mike Connor, Staff Planner, reported that the request for the
extension of time is the result of complications in the Plan Check
process. He advised that this is the second request for an extension
of time and if approved would be the final extension permitted by
Code. Staff reported that subsequent to the original approval, the
parking code has changed. At the time of approval of this
application, seven parking spaces were required and now eight parking
spaces are required. However, based upon staff recommendations for
previous extensions of time for projects approved before the new
parking code was adopted, staff is not requesting any additional
parking. Staff concluded by recommending approval with suggested
findigs and conditions of approval.
The applicant, Charles Suri, supported the request and indicated that
he did not realize when he obtained the first six month extension of
time that, if expired, it would affect his plan through the plan
check process.
USE PERMIT NO. 89-52/CONDITIONAL EXCEPTION NO. 89-41 (SIX MONTH
EXTENSION OF TIME) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE
FOLLOWING CONDITION OF APPROVAL. HE STATED THAT ALL ACTIONS TAKEN
BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING
COMMISSION WITHIN TEN CALENDAR (10) DAYS.
Conditions of Approval:
1. All Conditions of Approval from Notice of Action letter dated
September 6, 1991 shall still apply.
ITEM 2: USE PERMIT NO. 91-18
Applicant: First Christian Church
1207 Main Street
Huntington Beach, CA 92648
Request: To permit a Temporary Outdoor Event - International
Fair, April 27, 1991 pursuant to Section 9730.64 of
the Huntington Beach Ordinance Code.
Location: 1207 Main Street
Mike Connor, Staff Planner, reported that the event would be held in
the rear portion of the church lot. Staff indicated that the
festival is an annual event and had run smoothly in the past. Staff
concluded by recommending approval with suggested findings and
conditions of approval.
Joanne Kuthum, representing the applicant, was present"and concurred
with staff's recommendation.
USE PERMIT NO. 91-18 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH
THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT
THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE
PLANNING COMMISSION WITHIN TWO CALENDAR (2) DAYS.
FINDINGS FOR APPROVAL:
1. The temporary outdoor event will not be detrimental to:
a. The general welfare of persons residing or working in the
vicinity. The event is for one day during daylight hours.
b. Property and improvements in the vicinity of such use or
building.
2. The granting of Use Permit No. 91-18 will not adversely affect
the General Plan of the City of Huntington Beach.
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ZA Minutes - 4/17/91 -2- (9549d)
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan received and dated April 5, 1991 shall be the
conceptually approved layout.
2. 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. Fire access
lanes shall be a minimum with of (20) twenty feet.
3. A detailed site plan shall be submitted to the Huntington Beach
Fire Department for approval (show table locations, tents,
barriers, etc.). A fire inspector shall inspect the site prior
to the event.
4. The applicant shall obtain all necessary Fire Department
permits and comply with all provisions of Article 32 of the
Uniform Fire Code.
5. Cooking devices and fuel devices shall be approved ;by the Fire
Department.
6. The applicant's request shall include necessary permits for
balloons and temporary signs.
7. 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.
8. All electrical wiring shall be inspected prior to the event.
9. All parking shall be a minimum of forty (40) feet from the
proposed tent.
10. The proposed tent shall be of fire retardant material. Proof
of Certification shall be submitted to the Fire Department for
approval prior to the tent's installation on the site.
11. The proposed tent shall be secured against collapsing to the
satisfaction of the Fire Department.
12. "No Smoking" signs shall be posted in conspicuous locations.
13. The hours of operation shall be from 12:00 noon until 5:00 p.m.
14. Fire extinguishers shall be provided in number and locations
specified by the Fire Department.
15. A minimum of two (2) exits shall be provided and maintained.
16. Stand by personnel shall be on site to safeguard premises.
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INFORMATION OF SPECIFIC CODE REQUIREMENTS:
1. The event shall comply with all applicable provisions of the
Ordinance Codes, 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. 91-18 if any violations of these conditions or the
Huntington Beach Ordinance Code occurs.
4. The applicant shall submit all future temporary outdoor event
applications a minimum of thirty (30) days prior to the event.
Failure to provide adequate notice shall result in denial of
the request.
ITEM 3• COASTAL DEVELOPMENT PERMIT NO 91-2/CONDITIONAL EXCEPTION
NO, 91-5
Applicant: Dan Koon
16411 Barnstable Circle
Huntington Beach, CA 92649
Request: Coastal Development Permit No. 91-2 - To permit the
remodel of an existing one story dwelling with a second
story addition pursuant to Section 989.5 of the
Huntington Beach Ordinance Code.
Conditional Exception No. 91-5 - To permit an eighteen
(18) foot garage setback in lieu of twenty (20) feet as
established by Use Variance No. 989 and to permit a
nine (9) foot rear yard setback in lieu of ten (10)
feet as required by Section 9110.8 of the Huntington
Beach Ordinance Code.
Location: 16411 Barnstable Circle
Mike Connor, Staff Planner, reported that Coastal Development Permit
No. 91-2 and Conditional Exception No. 91-5 were continued from the
April 10, 1991 Zoning Administrator Meeting. Staff advised that at
the previous meeting it was discovered that the garage and parking
spaces were inadequate for the number of bedrooms. The item was
continued for one (1) week to allow the applicant time to reduce the
number of bedrooms or comply with Code. The applicant did not
submit new plans. Staff recommended denial with suggested findings
of the Coastal Development Permit and Conditional Exception.
THE PUBLIC HEARING WAS OPENED.
Jay Earl, the designer of the project, said he had checked the Code
for a remodel and the requirements are for two enclosed parking
spaces and three open spaces.
ZA Minutes - 4/17/91 -4- (9549d)
The Zoning Administrator, Scott Hess, advised that the project is
considered new construction because the dwelling will double in size
and many of the original house walls will be eliminated. This
results in the requirement for a three car garage. It was also
pointed out that there were no land related hardships to grant the
variance request.
There were no other persons present to speak for or against the
request and the public hearing was closed.
COASTAL DEVELOPMENT PERMIT NO. 91-2/CONDITIONAL EXCEPTION NO. 91-5
WERE DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS
FOR DENIAL. HE STATED THAT ALL ACTIONS TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN
CALENDAR (10) DAYS.
FINDINGS FOR DENIAL/COASTAL DEVELOPMENT PERMIT NO 91-2:
1. The request to permit the remodel and second story addition to
an existing one-story single family residence does not conform
with the plans, policies, requirements and standards of the
Coastal Element of the General Plan. The two story structure
with reduced rear yard setback and reduced garage setback
would have a significant visual impact upon the surrounding
area.
2. Coastal Development Permit No. 91-2 is not 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. The reduced driveway depth and
reduced rear yard setback do not meet the standards of Article
911 of the Huntington Beach Ordinance Code. In addition, the
remodel and expansion of the first floor results in
substantial reconstruction (more than 50%) and new second
addition more than doubles the size of the existing house and
creates six bedrooms resulting in a parking requirement of a
three car garage.
FINDINGS FOR DENIAL -CONDITIONAL EXCEPTION NO. 91-5:
1 The granting of a Conditional Exception for reduced garage
setback (18, in lieu of 201) and reduced rear yard setback
would constitute a grant of special privilege inconsistent
with other properties an in the same zone classification. The
lot is flat, rectangular and is approximately 7,500 square
feet in size.
2. There appears to be no special circumstances applicable to the
subject property, including size, shape, topography, location
or surroundings, to which 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. The subject property
exceeds the minimum lot size of 6,000 square feet by 1,500
square feet. In addition the lot is relatively flat and
rectangular and exceeds the size of other lots in the vicinity.
ZA Minutes - 4/17/91 -5- (9549d)
3. The granting of Conditional Exception No. 91-5 is not
necessary in order to preserve the enjoyment of one or more
substantial property rights. The house could be designed in
such a manner as to meet all applicable code provisions and
still provide a livable residence.
4. The granting of Conditional Exception No. 91-5 will not be
materially detrimental to the public welfare, or injurious to
property in the same zone classifications. The reduced
driveway depth would encourage cars parked in the driveway to
obstruct a public sidewalk.
ITEM 4: USE PERMIT NO, 91-13
Applicant: Aquatic Concepts
32617 So. Coast Highway
Laguna Beach, CA 92677
Request: To permit a five (5) foot block wall six (6) feet from
the front property line pursuant to Section 9771(L) of
the Huntington Beach Ordinance Code.
Location: 16702 Coral Cay
Mike Connor, Staff Planner, reported that there was an error on the
public notice. Staff recommended a one week continuance to allow
for appropriate noticing.
USE PERMIT NO. 91-13 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO
THE MEETING OF APRIL 24, 1991.
ITEM 5: USE PERMIT NO. 91-12
Applicant: Central Baptist Temple
Attn: Clark Stephens
7661 Warner Ave.
Huntington Beach, CA 92647
Request: To permit two (2) temporary classroom buildings to be
placed on site pursuant to Section 9730.30 of the
Huntington Beach Ordinance Code.
(Note: The applicant has subsequently requested to
permit one large trailer in lieu of two smaller
trailers)
Location: 7661 Warner Avenue
Mike Connor, Staff Planner, reported that the request for two
temporary structures had been changed by the applicant to one larger
structure to allow proper distance between structures. Staff
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ZA Minutes - 4/17/91 -6- (9549d)
advised that an existing storage shed is being used for a weight
room and is situated on a public utility easement. Staff
recommended that it be removed or placed five feet from the
easement. Staff recommended approval with suggested findings and
conditions of approval.
THE PUBLIC HEARING WAS OPENED.
Clark Stephens, representing the applicant, advised that the church
anticipates building in the future and the request for the temporary
structure will allow time to complete plans.
There were no other persons present to speak for or against the
request and the public hearing was closed.
USE PERMIT NO. 91-12 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 CALENDAR (10) DAYS.
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; The placement of the single trailer will have
no perceivable impact upon the surrounding area.
b. Property and improvements in the vicinity of such use or
building. The placement of the single trailer will have
no perceivable impact upon the surrounding streets, sewer
water system, or other utilities.
2. The proposal is consistent with the goals and objectives of
the City's General Plan and Land Use Map. Churches and
schools are permitted in all land use designations.
3. 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.
4. The combination and relationship of one proposed use to
another on site are properly integrated.
5. The access to and parking for the proposed use does not
create an undue traffic problem.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
April 16, 1991 shall be the conceptually approved layout.
ZA Minutes - 4/17/91 -7- (9549d)
2. A revised site plan shall be submitted depicting the
modifications described herein:
a. The applicant shall demonstrate compliance with all
provisions of Section 9634.3(a) of the Huntington Beach
Ordinance Code.pertaining to recreation areas for day
care centers.
b. Handicapped access to the classroom building shall be
provided to the satisfaction of the Building Division.
3 The Zoning Administrator shall be notified in writing if any
changes in building height, floor area, setbacks, building
elevations or open space are proposed as a result of the plan
check process. Building permits shall not be issued until
the Zoning Administrator has reviewed and approved the
proposed changes. The Zoning Administrator reserves the
right to require that an amendment to the original
entitlement be processed if the proposed changes are of a
substantial nature.
4 The classroom trailer shall comply with California Code of
Regulations Title 19 and 24. The Huntington Beach Fire
Department shall review all plans for such'compliance.
5. Fire alarms and fire extinguishers shall be provided to the
satisfaction of the Fire Department.
6. Service roads and fire lanes, as determined by the Fire
Department, shall be posted and marked.
7. 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.
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 The storage shed/weight room shall be relocated, removed, or
altered to meet a minimum setback of five (5) feet from the
utility easement.
10. Prior to placement of the classroom trailer on site, the
applicant shall provide copies of any required permits
through the State.
11. The trailer shall be permitted for a maximum of five (5)
years.
12. Prior to issuance of a permit, a five hundred dollar
($500.00) cash bond shall be posted with the City to
guarantee removal of the trailer.
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13. All conditions of approval shall be printed verbatim on all
working drawings submitted for plan check.
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. The Zoning Administrator reserves the right to revoke this
Use Permit No. 91-12 if any violation of these conditions of
the Huntington Beach Ordinance Code occurs.
ITEM 6' CONDITIONAL EXCEPTION NO. 91-9
Applicant: C. M. Patel
8791 Garden Grove Blvd.
Garden Grove, CA 92641
Request: To permit a twenty-five foot front yard setback in lieu
of 30.7 ft. as required by the Ellis Goldenwest
Specific Plan Section IV, c,5,a.
Location: 6602 Polo Circle
Mike Connor, Staff Planner, reported that the applicant had provided
revised plans with a thirty foot front yard setback which would
require the room sizes to be reduced. Staff recommended approval
with the thirty foot setback at the location between the two garages
as indicated on the plans.
THE PUBLIC HEARING WAS OPENED.
Dennis Cherry, representing the applicant, requested approval of the
variance stating if you averaged the setback it would exceed 30 feet
due to the curvature of the street.
There were no other persons present to speak for or against the
request and the public hearing was closed.
USE PERMIT NO. 91-12 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 CALENDAR (10) DAYS.
ZA Minutes - 4/17/91 -9- (9549d)
FINDINGS FOR APPROVAL:
1. The granting of Conditional Exception No. 91-9 for a reduced
front yard setback from 30 feet 8 inches to 27 feet 6 inches
will not constitute a grant of special privilege inconsistent
with other properties in the vicinity and under identical
zone classifications. The variations of the front facade
meet the intent of the front yard setback requirements
because of the curvature of the front property line. The
average setback is approximately 34 feet.
2. Because of special circumstances applicable to the subject
property, including size, shape, topography, location or
surroundings, 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. The curvature of the front
property line creates a special circumstance by making it
difficult to design a structure that meets the literal intent
of the code without reducing the allowable building area.
3. The granting of Conditional Exception No. 91-9 is necessary
in order to preserve the enjoyment of one or more substantial
property rights. Because of concerns raised in Finding No. 2
the allowable building area is reduced by applying the
literal intent of the code.
4. The granting of Conditional Exception No. 91-9 will not be
materially detrimental to the public welfare, or injurious to
property in the same zone classifications. The proposed
structure with reduced front yard setback will have no
perceptible,impact upon the public welfare nor other
properties in the neighborhood.
5. The granting of Conditional Exception No. 91-9 will not
adversely affect the General Plan of the City of Huntington
Beach. The proposed single family residence is in compliance
with the estate residential land use designation of the
General Plan Land Use Element.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
March 12, 1991 shall be the conceptually approved layout.
2. Revised plans shall be submitted depicting the modifications
described herein:
a. A thirty (30) foot front setback at the junction of the
two garage areas with an average minimum setback of 30
feet 8 inches along the front of the entire structure.
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3 The Zoning Administrator shall be notified in writing if any
changes in building height, floor area, setbacks, building
elevations or open space are proposed as a result of the plan
check process. Building permits shall not be issued until the
Zoning Administrator has reviewed and approved the proposed
changes. The Zoning Administrator reserves the right to
require that an amendment to the original entitlement be
processed if the proposed changes are of a substantial nature.
4. An automatic fire sprinkler system shall be approved and
installed pursuant to Fire Department regulations.
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.
7. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.
8. Low -volume heads shall be used on all spigots and water faucets.
9. All applicable Public Works fees shall be paid prior to
issuance of building permits.
10. Conditions of approval shall be printed verbatim on all working
drawings submitted for plancheck.
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 this
Conditional Exception No. 91-1 if any violation of these
conditions of the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 2:05 PM BY THE ZONING ADMINISTRATOR TO
A STUDY SESSION ON MONDAY, APRIL 22, 1991 AT 2:00 PM AND THEN TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, APRIL 24, 1991, AT 1:30 PM.
j121i26__A_A - -
Scott Hess
Zoning Administrator
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ZA Minutes - 4/17/91
-11-
(9549d)