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HomeMy WebLinkAbout1991-05-29ICJ MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 29, 1991 - 1:30 P.M. ZONING ADMINISTRATOR: Scott Hess STAFF MEMBERS: Mike Connor, Ward Kinsman MINUTES: The Minutes of the May 15, 1991 Zoning Administrator Meetings were approved by the Zoning Administrator. REGULAR AGENDA ITEMS: ITEM 1• REVOCATION HEARING FOR HOME OCCUPATION PERMIT (Continued from the March 20, 1991 Zoning Administrator Meeting) Business Name: Greenleaf Demolition and Grading 7702 Yukon Drive Huntington Beach, CA 92648 Citizen Complaint: Business has employees that live off of the premises that park on Yukon Dr. and Manitoba; cars are left there all day. Location: 7702 Yukon Mike Connor, Staff Planner, reported that the revocation hearing was brought before the Zoning Administrator on March 20, 1991 and was continued for sixty (60) days to allow the owner to alleviate the on -street parking problems. Staff advised that City Land Use personnel had performed five inspections since the previous hearing. Three City inspections revealed no violation, one inspection revealed a business vehicle parked on Ellis and one inspection revealed a business vehicle parked on Yukon. Staff reported receiving a communication from the Police Department, Traffic Division, which stated numerous parking complaints had been received. Staff indicated that a number of letters had been received opposing the operation and one letter and one petition with 31 signatures in support of the operation. Staff also noted that a petition was received supporting the operation at the March hearing. Staff concluded by recommending revocation of the home occupation based on the number of complaints and evidence obtained by the Land Use staff. THE PUBLIC HEARING WAS OPENED. Mr. Greenleaf, the owner, said he understood that the problem was with vehicles parking on Yukon and that he had advised his employees to park elsewhere. He also said that most of the operation had been moved from his home to a trailer at his Slater Avenue office. Craig Pracon, 7691 Yukon Drive, stated that there are no problems and urged that the home occupation be permitted to continue. David Turner, 18362 Manitoba Lane, stated the problem with the business is the increased traffic on a residential street. He supported revocation of the home occupation. There were no other persons present to speak for or against the request and the public hearing was closed. THE ZONING ADMINISTRATOR TOOK THE MATTER INTO SUBMISSION TO MAKE THE DECISION ON THE REVOCATION IN TEN (10) DAYS. ON JUNE 3, 1991, THE ZONING ADMINISTRATOR TOOK ACTION TO REVOKE THE HOME OCCUPATION PERMIT FOR GREENLEAF DEMOLITION AND GRADING WITH THE FOLLOWING FINDINGS. ALL ACTIONS TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR REVOCATION: 1. The Home Occupation Permit for Greenleaf Demolition and Grading business located at 7702 Yukon Drive exceeds the intent of a Home Occupation Permit in a residential zone because the business has had over ten (10) employees, some who have at one time worked on the premises. In addition, several business vehicles have been parked on public streets. The Traffic Bureau of the Huntington Beach Police Department has indicated that there have been numerous parking complaints and violations on Yukon as a result of Greenleaf business vehicles. Code Enforcement has noted business vehicles parked on the street during the day on three separate occasions in violation of the home occupation permit provisions. 2. The operation of the Home Occupation Permit for Greenleaf Demolition and Grading has been detrimental to: a. The general welfare of persons residing or working in the vicinity; The parking of business vehicles in front of neighboring residences results in increased vehicular and pedestrian traffic in the neighborhood. b. Property and improvements in the vicinity of such use or building. The parking of business vehicles on residential streets is incompatible with the residential character of the neighborhood. ZA Minutes - 5/29/91 -2- (9868d) 3. The granting of the Home Occupation Permit is inconsistent with the General Plan of the City of Huntington Beach. The property has a low density residential land use designation which does not allow for commercial types of businesses which require several employees and heavy vehicles. ITEM 2• USE PERMIT NO. 91-19 Applicant: Martin W. Henderson 17752 San Doval Lane Huntington Beach, CA 92647 Request: To permit an eight (8) foot tall fence along the side and rear property lines pursuant to Section 9771(L) of the Huntington Beach Ordinance Code. Location: 17752 San Doval Lane Mike Connor, Staff Planner, reported the applicant had constructed a six foot tall cedar fence with two feet of lattice. Staff reported receiving one letter opposing the fence from the abutting neighbor to the east. Staff concluded by recommending approval due to the side yard abutting a sidewalk which is at a lower grade than the house which reduces the privacy that is provided by the fence with the suggested findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Martin Henderson, the applicant, urged the Zoning Administrator's approval stating that the lattice provides privacy from the two story homes in the area. Sandy Henderson, the applicant, urged approval stating that their property is located on the access to a school and park and the lattice provides privacy. Cornelius Rapchun, 17751 Quintana Lane, spoke in opposition to the eight foot fence. He stated concern that children may walk on top of the fence and could get hurt or enter other properties. There were no other persons present to speak for or against the request and the public hearing was closed. Scott Hess, Zoning Administrator, said that due to the location of the property adjacent to a flood control channel, corner lot, the grade differential and the two story homes he would approve the eight foot fence. The Zoning Administrator concluded by stating the fence along the easterly portion of the property would be limited to six feet unless both the subject property owner and owner of the easterly parcel fully agree to the two foot lattice extension. USE PERMIT NO. 91-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND REVISED 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 - 5/29/91 -3- (9868d) FINDINGS FOR APPROVAL: 1. The proposed six (6) foot high wooden fence with an additional two (2) feet of wood lattice subject to conditions of approval will not be detrimental to: a. The general welfare of persons residing in the vicinity; The proposed fence will have no impact upon abutting neighbors. b. Property and improvements in the vicinity of such use or building. The proposed fence will have no impact upon abutting properties or improvements. The lot is a corner lot. 2. The proposed eight foot high wooden fence as approved with conditions of approval is compatible with the surrounding neighborhood. The fences in the vicinity are constructed of wood material. The southerly property owner has agreed to the type of fence proposed. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The proposed fence is an improvement to a single family residence which is consistent with the Low Density Residential Land Use designation in the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated April 30, 1991 shall be the conceptually approved layout with the following modifications: A. The fence along the east property line shall be a maximum of six (6) feet high. However, this portion of the fence may be extended up to eight (8) feet compatible with the remaining portion of the fence if both the subject property owner and owner of the easterly parcel fully agree, and a copy of an agreement is submitted to the City. B. No portion of the fence shall exceed eight (8) feet high. 2. The applicant shall obtain building permits for the fence within thirty days of approval. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development -shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes - 5/29/91 -4- (9868d) 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right Permit ,No. 91-19 if any violation of these Huntington Beach Ordinance Code occurs. ITEM 3: CONDITIONAL EXCEPTION NO. 91-16 Applicant: Jeff Smith to revoke Use conditions of the 505 Park Avenue Balboa Island, CA 92662 Request: To permit a forty-five (45) foot rear yard setback in lieu of fifty (50) feet as required by the Ellis-Goldenwest Specific Plan. Location: 6621 Polo Circle Mike Connor, Staff Planner, reported that the Curvlinear Street which was required by the Ellis/Goldenwest Specific Plan created an irregular lot shape and a reduced lot depth in relation to adjacent properties. Staff recommended approval with suggested findings and conditions of approval with minor changes to the plans for the residence. THE PUBLIC HEARING WAS OPENED. Jeff Smith, applicant, advised that he understood that the 45 foot rear yard setback was approved along with the original Tentative Map. He said the property had been sold to a customer for a custom home which will not be possible with a 50 foot setback. He urged the Zoning Administrator's approval of the request. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 91-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND REVISED 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 reduction in the required rear yard setback will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; The reduction in the rear yard setback will have no perceptible impacts upon residents to the north or east. b. Property and improvements in the vicinity of such use or building. The reduction in the rear yard setback will have no impact upon properties or improvements to the side or rear of the subject property. ZA Minutes - 5/29/91 -5- (9868d) 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The proposed single family residence is a permitted use under the Estate Residential Land Use Designation in the General Plan. 3. 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. Because of the curvilinear street, as required by the Ellis Goldenwest Specific Plan, the depth of the subject parcel varies making it difficult to design a house comparable in size and architecture to others in the neighborhood. 4. The granting of Conditional Exception No. 91-16 is necessary in order to preserve the enjoyment of one or more substantial property rights. The reduction in the minimum rear yard setback allows the house to be designed in such a manner that it is comparable to others in the neighborhood. 5. The granting of Conditional Exception No. 91-16 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 6. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 91-16 is sought and he will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 10, 1991 shall be the conceptually approved layout. 2. A revised site plan shall be submitted depicting the modifications described herein: a. The minimum front yard setback shall be 28 feet as specified in Conditional Use Permit No. 89-6. b. The wall between the living room and the office/library shall be at least 50 percent (50%) open. c. One additional off-street parking space shall be provided. 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. ZA Minutes - 5/29/91 -6- (9868d) 4. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 5. 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. 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. 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. 91-16 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 4: TENTATIVE PARCEL MAP NO. 91-181 Applicant: James Lumber Company 17311 Nichols Street Huntington Beach, CA 92647 Request: To permit the realignment of three (3) parcels into two (2) parcels pursuant to Section 9930.2 of the Huntington Beach Ordinance Code. Location: 17311 Nichols Mike Connor, Staff Planner, recommended approval with suggested findings and conditions with an added condition that the water easements be maintained as three parcels. THE PUBLIC HEARING WAS OPENED. Jim Harrington, owner of James Lumber, said he had reviewed the suggested conditions of approval and agreed with them. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 5/29/91 -7- (9868d) TENTATIVE PARCEL MAP NO. 91-181 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND REVISED 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 proposed subdivision of three (3) parcels into two (2) parcels for industrial use is in compliance with the minimum size of property necessary for that type of development. The proposed subdivision exceeds the minimum frontage and area requirements as specified by code. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. The proposed subdivision is in compliance with the General Industrial Land Use Designation in the General Plan. 3. The property was previously studied for this intensity of land use at the time the land use designation for General Industrial, allowing for industrial buildings, was placed on the subject property. The proposed subdivision is in compliance with the General Industrial Land Use Designation in the General Plan. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. The proposed subdivision exceeds the minimum frontage and area requirements as specified by code. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. Tentative Parcel Map No. 91-181 to realign three (3) parcels into two (2), received by the Department of Community Development on May 24, 1991, shall be the approved layout with the following amendments as noted thereon. 2. The portion of the existing building that crosses the proposed property line shall be demolished prior to recording of the Final Map. 3. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. ZA Minutes - 5/29/91 -8- (9868d) 4. Twelve (12) feet along Nichols Street may need to be dedicated to City standards. The applicant shall contact the Department of Public Works to determine what, if any, dedication is needed to expand Nichols Street to its ultimate right of way. 5. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. All existing water lines and easements shall remain intact. 7. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 8. All utilities shall be installed underground at the time said parcel(s) is/are developed. 9. Any proposed development shall comply with all applicable City Ordinances. 10. A copy of the recorded parcel map shall be filed with the Department of Community Development. 11. All vehicular access rights along Nichols Street shall be dedicated to the City of Huntington Beach except at locations approved by the Zoning Administrator. 12. At the time the parcels are developed the applicant/property owner shall be responsible for paying the Traffic Impact Fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. ITEM 5• ADMINISTRATIVE REVIEW NO 91-4 (APPROVAL IN CONCEPT) Applicant: Olivia Garcia Southern California Edison P. O. Box 800 Rosemead, CA 91770 Request: To "approve in concept" a 1,600 square foot lunchroom addition to an existing building pursuant to Section 9550.01 of the code. This area is in an uncertified area of the City's Coastal Zone and subject to California Coastal Commission approval. Location: 21730 Newland (Edison Generating Plant) ZA Minutes - 5/29/91 -9- (9868d) Mike Connor, Staff Planner, reported that the property is located in the uncertified coastal area and that any action taken be the Zoning Administrator would be In Concept Only. He concluded by recommending approval in concept with suggested findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Debra Jones, representing the applicant, advised that the lunchroom was not visible from public view and urged the Zoning Administrator's approval. There were no other persons present to speak for against the request and the public hearing was closed. ADMINISTRATIVE REVIEW NO. 91-4 WAS APPROVED IN CONCEPT 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). SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 25, 1991 shall be the conceptually approved layout. 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, or building elevations 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. 3. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 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. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. 6. A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: [i ZA Minutes - 5/29/91 -10- (9868d) 1 a. Water flow, valve tamper and trouble detection b. 24 hour supervision 7. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 8. One fire hydrant will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. The one new public fire hydrant shall be located at the main entrance. There shall also be a Fire Department Connection (FDC) provided at the main entrance. This shall be tied into the private system. 9. 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 applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. Plans must be reviewed and approved by the California Coastal Commission prior to issuance of building permits. 5. The Zoning Administrator reserves the right to revoke this Administrative Review No. 91-4 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO A STUDY SESSION ON MONDAY, JUNE 10, 1991 AT 2:00 PM AND THEN TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DUNE 12, 1991, AT 1:30 PM. ZoningScott Hess Administrator :jr ZA Minutes - 5/29/91 -11- (9868d)