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HomeMy WebLinkAbout1991-12-11MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 11, 1991 - 1:30 P.M. ZONING ADMINISTRATOR: Scott Hess STAFF MEMBERS: Mike Connor MINUTES: The Minutes of December 4, 1991 Zoning Administrator Meeting were approved. REGULAR AGENDA ITEMS: ITEM 1: DRAFT NEGATIVE DECLARATION NO, 91-39 Applicant: David Gautschuy Angus Petroleum Corporation 5772 Bolsa Ave., Ste 210 Huntington Beach, CA 92649 Request: To review pursuant to California Environmental Quality Act a project which entails the installation of two pipelines within the existing street system. The pipelines will connect the Angus Petroleum site at Huntington and Springfield to the Shell Western Facility at PCH and Goldenwest (see route identified below). One pipeline will be used to convey brine water from the SWEPI site to the Angus site; the other will convey wet gas from the Angus site to the SWEPI site for subsequent sale. Location: The pipelines will run from the Angus production facilities at Springfield Avenue and Huntington Street, westerly along Springfield Avenue to Alabama Street, then southerly along Alabama Street to Indianapolis Avenue and westerly along Indianapolis Avenue to Lake Street, then southerly along Lake Street to Palm Avenue, and westerly along Palm Avenue to 7th Street. Then southwesterly along 7th Street to Acacia Avenue, then north westerly along Acacia Avenue to 9th Street. Then south westerly along 9th Street to Olive Avenue, then north westerly along Olive Avenue to Goldenwest Street. Then south westerly along Goldenwest Street to SWEPI production facilities southerly of Olive Avenue and Goldenwest Street. Mike Connor, Staff Planner, reported that the pipeline would be constructed near the curb and gutter of existing streets. The entire project should be completed within approximately thirty days and has a fifty year life expectancy. Staff concluded by recommending approval with mitigation measures. THE PUBLIC HEARING WAS OPENED. Pat Davis, representing Angus Petroleum, was present and spoke in support of the request. She concurred with staff's suggested mitigation measures. There were no other persons present to speak for or against the request and the public hearing was closed. DRAFT NEGATIVE DECLARATION NO. 91-39 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MITIGATION MEASURES. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. Mitigation Measures: 1. In order to minimize trash and debris, all surplus soil and unused materials (including asphalt) shall be disposed of at an off -site facility equipped to accommodate them. 2. In order to minimize wind and water erosion of excavated soils during pipe installation and trench excavation, the applicant shall control fugitive dust by regular watering of soil piles and exposed dirt. 3. In order to minimize dust and construction related emissions during pipeline installation, the applicant shall: a. use low sulfur fuel (05% by weight) for construction equipment, b. phase and schedule construction activities to avoid high ozone days (first stage smog alerts), c. discontinue installation activities during second stage smog alerts, d. maintain equipment engines in proper tune. 4. Equipment used in installing pipeline shall be equipped with double mufflers to reduce short term noise increases. ZA Minutes 12/11/91 -2- (1905d) 1 5. Construction activities shall be limited to Monday - Saturday 7:00 AM - 8:00 PM. Construction is.prohibited on Sundays and Federal holidays. 6. Should any abandoned pipelines be encountered, pipeline installation in the area of the abandoned pipeline shall be halted. The applicant shall immediately notify the Fire Department and shall comply with all Fire Department specifications. 7. In order to minimize temporary circulation hazards, the applicant shall submit a construction plan for approval by the City's Traffic Division prior to installation of the pipeline. a. The plan shall include, at minimum, alternate routes for traffic during pipeline installation, construction vehicle routes and proposed warning signage and markings to provide adequate warning to motor vehicles, bicyclists and pedestrians. The plan shall be implemented during pipeline installation. b. Trenches shall not be left open. Trenches which have not been back -filled at the end of the day shall be covered with plates. In order to prevent any impact upon public utilities, the applicant shall submit evidence to the Department of Public Works that utility companies (Southern California Edison, Southern California Gas Company, General Telephone, etc.) which have lines within the project vicinity have been notified of the location and extent of pipeline installation activities prior to any pipeline installation activities. ITEM 2: NEWSRACK POST -REMOVAL HEARING Applicant: Matthew J. Gilling District Sales Manager USA Today 10710 Norwalk Boulevard Santa Fe Springs, CA 90670 Request: To release without payment of impound fees eight (8) newsracks impounded by the City from various locations throughout the City due to failure to comply with Sections 12.37.090 & 100 of the Huntington Beach Municipal Code. This post -removal hearing is pursuant to Section 12.47.060 of the Huntington Beach Municipal Code. Location: City Wide Mike Connor, Staff Planner, reported had been notified in December 1990 b newsracks did not meet the City Code. letter, several telephone calls were the problem. In February of 1991, a y that the appellant, USA Today, certified mail that eight Subsequent to the certified made from City staff to discuss final Notice of Violation was ZA Minutes 12/11/91 -3- (1905d) mailed to USA Today and in October 1991, the newsracks were removed by City staff. Since that time the appellant has supplied all the information required to meet Code and has requested a waiver of the $50.00 per rack impound fee. THE PUBLIC HEARING WAS OPENED. Mr. Gilling, representing USA Today, was present. He advised that he had taken over the area in June and the person he replaced did not leave adequate records regarding the violation. He said that the Company had supplied the insurance information which was required by the City in April 1991 and no other communication had been received. He stated that eight (8) months had elapsed between the date that the final notice was sent and the date the newsracks were removed and no further notice was given. Tom Stork, USA Today, advised that the staff at USA Today assumed that after supplying a copy of the insurance in April that they were in compliance. There were no other persons present to speak for or against the request and the public hearing was closed. Scott Hess, Zoning Administrator, advised that the purpose of the impound fees was to cover the cost of staff time to remove the newsracks. He advised that due to the long period of time between the notice and removal, he would reduce the fee by fifty percent. APPEAL OF IMPOUND FEES FOR NEWSRACK REMOVAL WAS REDUCED BY ONE-HALF BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. Findings for Approval: 1. The applicant showed a serious intent to meet the insurance requirements. 2. There was an eight (8) month delay between the Final Notice of Violation and the date the racks were impounded without additional notification or posting of the racks in question. Conditions of Approval: 1. The impound fee shall be reduced from $50.00 per rack to $25.00 per rack. 2. There shall be no further violations of the Newsrack Ordinance by the appellant. ZA Minutes 12/11/91 -4- (1905d) ITEM 3: CONDITIONAL EXCEPTION (VARIANCE) NO. 91-49 Applicant: Michael Mehalik 320 22nd Street Huntington Beach, CA 92648 Request: To permit four variances to the code in order to build a 559 square foot second story addition to an existing two (2) story residence with a 53 square foot third -story greenhouse. The proposed addition will not meet code in the following ways: 1. It will exceed the maximum 55% site coverage requirement by 1.2% (56.2%) pursuant to Section 9130.5 (Exception) of the Huntington Beach Ordinance Code. 2. It will have a 53 square foot greenhouse on the third level which is prohibited pursuant to Section 9130.5 (Exception) of the code which limits structures exceeding 50 percent site coverage to two stories. 3. It will have 195 square feet of open space on the ground floor open to the sky with a minimum dimension of 9 feet 8 inches. Section 9130.9(a) requires a minimum of 225 square feet with no dimension less than 15 feet. In addition the applicant is requesting to have 258 square feet on the ground that is under a second story projection to be counted as open space. 4. It will provide additional 456 square feet of open space on the third level in lieu of the second level as required by Section 9130.5 (Exception). Location: 523 18th Street Mike Connor, Staff Planner, advised that the applicant's request for the addition was for two (2) bedrooms over the existing garage which would increase site coverage and reduce open space. In addition, the applicant was requesting a greenhouse to grow vegetables on the third story. He said the applicant is also requesting that the required open space be permitted on the third level. Staff concluded by recommending denial with findings due to lack of a land related hardship. THE PUBLIC HEARING WAS OPENED. Michael Mehalik, the applicant, requested approval of the variance. He said other homes in the area had been approved with similar variances to site coverage and the proposed addition will not be detrimental to other residences. ZA Minutes 12/11/91 -5- (1905d) Kim Hansler, owner of the property, said that due to growth of their family, additional area was needed for a quiet place to study. She said she discussed the addition with the neighbors and they support the plan. She urged for approval stating many homes in the immediate area are constructed similar to the request. Jeff Hansler, owner of the property, said the additions would not have a negative impact on the neighborhood. Planning Commissioner Kirk Kirkland, 2217 Florida, recommended that the variance be granted. He said the addition will enhance the property and the site coverage is only 1.2% over the required. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION (VARIANCE) NO. 91-49 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL: 1. The granting of Conditional Exception (Variance) No. 91-49 in order to build a 559 square foot, second story addition, and a 54 square foot third story addition, to an existing two story residence will not be detrimental to the general welfare of persons residing or working in the vicinity, or to property and improvements in the vicinity. There were no written or verbal objections to the request, and the proposed addition will have no perceivable impact upon adjacent properties. The variance request was for the following: a. 56.2% site coverage in lieu of maximum 55%; b. a 53 square foot, third level greenhouse which is not permitted if site coverage exceed 50%; C. 195 square feet of ground floor open space with a minimum dimension of 9'8" in lieu of minimum 225 square feet with a minimum dimension of 151; and d. 456 square feet of open space in the form of a third level deck area in lieu of a required second level deck area, 2. The proposed addition with variance to site coverage, open space and a third story greenhouse is consistent with the goals and objectives of the City's General Plan and Land Use Map. The single family residence is consistent with the medium density residential land use designation of the general plan. 1 ZA Minutes 12/11/91 -6- (1905d) 3. Granting of a reduction in the minimum dimension for open space and minimum open space area will not reduce the required total open space area. The applicant proposes to have approximately 944 square feet of open space with the variance which exceeds the 777 square feet required by Code. There is a stairway in the open space area but has an open thread design. 4. Because of special circumstances applicable to the subject property, including size, shape, 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 parcel is 25' in width and contains an existing two-story residence. 5. The granting of Conditional Exception No. 91-49 for the proposed addition with variance to site coverage, open space and a third story greenhouse is necessary in order to preserve the enjoyment of one or more substantial property rights. There are other properties in the area which have second story additions over the garage and the proposed addition would be similar to these properties. Also, the existing residence was constructed with second story projections; the proposed addition is flush with these projections. 6. The granting of Conditional Exception No. 91-49 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications because there is adequate amount of open space on the property with the addition. Also, the third level addition will be used as a greenhouse, is only accessible from the third level deck area, is not a habitable portion of the residence, and is located near the center of the residence so as to be unobtrusive from 18th Street and the alley. All surrounding property owners were notified of the request and there were no objections, either written or verbal, received. 7. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 91-49 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 October 22, 1991 shall be the conceptually approved layout with the following modification: a. The third story deck area shall be reduced so the total third level area including the greenhouse does not exceed 400 square feet. 2. 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 ZA Minutes 12/11/91 -7- (1905d) 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. Prior to issuance of building permits, the applicant shall complete the following: a. A covenant shall be signed by the property owner stating that the third story greenhouse shall not be used as habitable living area. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved shall be recorded with the Orange County Recorder and, 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" assuring that the single family residence will be maintained as one (1) dwelling unit. 4. Proposed structures shall be architecturally compatible with existing structures. 5. Low -volume heads shall be used on all spigots and water faucets. 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. 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. 91-49 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 3:00 PM BY THE THE NEXT REGULARLY SCHEDULED MEETING OF THE WED DAY, DECEMBER 18, 1991, AT 2:00 PM. V4944&� Scott H e s- Zoning Administrator :jr ZONING ADMINISTRATOR TO ZONING ADMINISTRATOR ON LJ ZA Minutes 12/11/91 -8- (1905d)