HomeMy WebLinkAbout1992-10-07MINUTES
HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, California
WEDNESDAY, OCTOBER 7, 1992 - 1:30 P.M.
ZONING ADMINISTRATOR: Mike Strange
STAFF MEMBERS: Wayne Carvalho
MINUTES: The Minutes of September 23, 1992
Zoning Administrator Meetings were
approved.
ITEM 1• CONDITIONAL EXCEPTION NO, 92-30
Applicant: Texaco, U.S.A.
10 Universal City Plaza
Universal City, CA 91608
Attn: Jack Fong
Request: To permit a variance for reduced landscaping
planter widths along streetside property lines
pursuant to Section 9220.14 of the Huntington
Beach Ordinance Code. The request includes a
modification to a previously approved landscape
plan (DRB 91-36).
Location:
18502 Beach Blvd.
Wayne Carvalho, Staff Planner, reported that the request had been
continued from the September 23, 1992 Zoning Administrator Meeting
at the applicant's request. Staff recommended closure of one
driveway access off Ellis Avenue stating there are four driveways
currently. Staff concluded by recommending approval with findings
and suggested conditions of approval.
THE PUBLIC HEARING WAS -OPENED.
Dave Bullen, representing the applicant, concurred with staff;
however was strongly opposed to the driveway closure. He stated the
closure of the driveway would result in a loss of business.
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Scott Bratt, Area Manager for Texaco, was present. He also was
opposed to the driveway closure. He said the island adjacent to
Ellis Avenue is for diesel fuel and that commercial sized trucks _
enter the first driveway from Ellis Avenue and exit at the second
driveway onto Ellis Avenue. He said the driveway closure would
severely impact the business.
There were no other persons present to speak for or against the
request and the public hearing was closed.
Mike Strange, Zoning Administrator, said he would approve the
request with the existing driveways; however, the driveway on Ellis
Avenue would be posted for no left turn.
CONDITIONAL EXCEPTION NO. 92-30 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 - CONDITIONAL EXCEPTION NO. 92-30:
1. The granting of Conditional Exception No. 92-30 will not
constitute a grant of special privilege inconsistent upon other
properties in the vicinity and under an identical zone
classification. Due to the existing building, driveway and
pump island locations, the applicant will provide the maximum
feasible planter width without impacting the drive aisles
adjacent to the pump islands.
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 location, site layout, and design of the
proposed landscape improvements properly adapts to streets,
driveways, and other adjacent structures and uses in a
harmonious manner.
3. The granting of Conditional Exception No. 92-30 is necessary
in order to preserve the enjoyment of one or more substantial
property rights. The proposed landscaping will enhance the
existing non -conforming service station and will provide the
required total landscape area.
4. The granting of Conditional Exception No. 92-30 will not be
materially detrimental to the public welfare, or injurious to
property in the�same zone classifications. The reduction in
landscape planter width will allow for adequate space between
the landscaped planters and pump islands. Further, the access
to and parking for the proposed use does not create an undue
traffic problem.
ZA Minutes - 10/7/92 -2- (4762d)
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5. The granting of Conditional Exception No. 92-30 will not
adversely affect the General Plan of the City of Huntington
Beach. The proposed landscaping improvements are consistent
with the General Commercial Land Use Designation of the General
Plan.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
October 5, 1992 shall be the conceptually approved layout (with
amendments to parking stalls as noted thereon).
2. A revised site plan shall be submitted depicting the
modifications described above.
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. Conditions of approval shall be printed verbatim on the cover
sheet of all working drawings submitted for plancheck.
5. Four (4) sets of landscape and irrigation plans shall be
submitted to the Department of Community Development and Public
Works for review and approval.
6. Prior to issuance of building permits, the subject property
shall enter into irrevocable reciprocal driveway and parking
easement(s) between the subject site and adjacent properties.
A copy of the legal instrument shall be approved by the City
Attorney as to form and content and, when approved, shall be
recorded in the Office of the County Recorder. A copy of the
recorded document shall be filed with the Department of
Community Development.
7. Installation of required landscaping and irrigation systems
shall be completed within six (6) months from the date of
approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department
except for variances granted under Conditional Exception No.
92-30.
2. The applicant shall meet all applicable local, State, and
Federal Fire Codes, Ordinances, and standards.
ZA Minutes - 10/7/92
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(4762d)
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
Conditional Exception No. 92-30 if any violation of these
conditions or the Huntington Beach Ordinance Code occurs.
ITEM 2: DRAFT NEGATIVE DECLARATION NO 92-32
Applicant: B. G. Williams
2676 Orange Ave.
Signal Hill, CA 90806
Request: A grading plan to stock pile approximately
95,000 cubic yards of soil on an approximately
8.9 acre area. Soils to be stockpiled have been
removed from the Santa Ana River Channel as a
result of flood control improvements. The
project will result in a final grade of 6 1/2
feet above the grade of Beach Boulevard.
Location: Northeast corner of Atlanta Avenue and Beach
Boulevard.
Wayne Carvalho, Staff Planner, reported the the draft negative
declaration was advertised for twenty-one days. Staff said that the
adjacent property owners were also notified as a courtesy. The
stock piling will take up to six weeks to complete with up to 250
truck trips per day. Staff advised that the primary impact is dust
and keeping the streets clean. He said the Army Corps of Engineers
will have a street sweeper cleaning the the streets during the hours
of 7:00 AM to 4:00 PM. The trucks will transport the soil from the
Santa Ana River Channel using Garfield, Altanta, Magnolia and Beach
Boulevard. There is a plan for silt control and hydro -seeding.
Mike Strange, Zoning Administrator, asked if the stock piling
project at Gothard and Garfield would be completed before the
requested project begins. Mr. Carvalho advised that the Gothard
project would not be completed before the subject request would
commence if approved. Staff said that truck departures will be
staggered to prevent stacking at intersections.
THE PUBLIC HEARING WAS OPENED.
Doug Williams, representing the applicant, said the project will
need to be done sooner or later to bring up the grade level to meet
the flood plain requirements.
Roger Bowman, 20911 Catameran Lane, submitted a petition requesting
continuance to a night hearing so residents could attend and an EIR
be completed to determine if toxins were in the soils to be
stockpiled.
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ZA Minutes - 10/7/92 -4- (4762d)
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Sally Alexander, 8072 Driftwood Drive, spoke in opposition of the
request until studies are completed relative to the drainage.
Doug Williams responded to the questions, advising that the soils
will be tested. He advised that there is a grading plan that
includes an 18 inch storm drain. The property will be built up so
it will drain along the outside into a catch basin on Atlanta.
Wayne Carvalho, Staff Planner, advised that the Army Corps of
Engineers had prepared an EIS for the project which included the
removal and export of soil.
Mike Strange, Zoning Administrator, advised that he would approve
the request with added conditions requiring soils samples be
analyzed to determine if toxins are present before transporting the
soil, a post and cable system and chain link fence. He advised
that a night meeting could be accomplished if the request were
appealed to the Planning Commission who regularly meets in the
evening.
NEGATIVE DECLARATION NO. 92-32 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 wind erosion impacts on the site, the
applicant shall comply with the following measures during soils
import and construction activities:
a. Use water trucks or sprinkler systems in all areas
where vehicles travel to keep 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. Wet down soils in delivery trucks prior to departure
from the Santa Ana River and wash down trucks prior to
leaving the project site to minimize project related
dust impacts along the truck routes during soils import.
2. At the completion of daily soils import and grading activities,
the subject site shall be seal rolled to compact loose top
soils. Prior to hydro -seeding the site shall be irrigated with
a palliative complying with the State of California DOT
standards Specifications (Section 18) to control exposed
soils. When winds are predicted to exceed 15 mph locally or
ordered by the Director of Public Works.
ZA Minutes - 10/7/92 -5- (4762d)
3. Prior to issuance of a grading permit, the applicant shall
submit the following for review and approval by the Public
Works Department:
a. Silt control plan for all water runoff from the subject
property.
b. Hydro -seeding netting plan.
4. To minimize impacts on short-term construction equipment
emissions, the applicant shall comply with the following during
soils report and grading:
a. Use low sulfur fuel (.05% by weight) for equipment;
b. Phase and schedule soils import and grading activities
to avoid high ozone days (first stage smog alerts);
c. Discontinue soils import and grading during second
stage smog alerts and during and during windy
conditions where winds exceed speeds of 15 miles per
hour locally or when blowing dust becomes a nuisance as
determined by the Director of Public Works.
d. Provide continuous daily street sweeping along the
entire route between the channel and the disposal site
during soils import activities.
5. Drainage flows from adjacent properties shall not be
obstructed. Flows shall be accommodated per Public Works
Requirements.
6. Prior to issuance of a grading permit, the applicant shall
submit a supplemental hydrology study to the Department of
Public Works for approval. The study shall provide written
evidence that the project will not significantly increase flood
flows onto adjacent properties nor cause a cumulative increase
in the elevation of the design floodwater profile by more than
one (1) foot at any point.
7. To minimize impacts on the import of potentially contaminated
soils, the applicant shall submit a soils report to the
Department of Public Works for approval confirming the soil is
suitable for import.
8. In order to minimize noise impacts during the soils import and
grading, the applicant's operating hours shall be limited to
Monday - Saturday 7:00 a.m. to 8:00 p.m. and shall be
prohibited on Sundays and holidays.
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ZA Minutes - 10/7/92 -6- (4762d)
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9. To minimize impacts from increased truck traffic the applicant
shall submit a traffic control plan to the Department of Public
Works for approval. The plan shall at minimum identify any
street closures or obstructions to traffic and obstacles to
vehicle and bicycle traffic, provide adequate construction
warning signs to bicyclists and motorists (pursuant to Traffic
Division standards). The plan shall be implemented prior to
initiation of grading activities.
In addition, a soils import routing plan shall be submitted to
the Department of Public Works for review and approval. The
plan shall identify number of trucks, the number of trips/day
the route which soils trucks will between the subject site and
the Santa Ana River Channel and control measures such as
spacing of trucks and policing which the applicant will be
responsible for.
10. The applicant shall be responsible for the installation of a
six (6) foot high chain link fence along the easterly property
line. In addition, a post and cable system shall be installed
along the north, south and west boundaries to prohibit off -road
vehicles from entering the site.
ITEM 3• COASTAL DEVELOPMENT PERMIT NO 91-28 (EXTENSION OF TIME)
Applicant: Ed Evans
1055-B Ortega Way
Placentia, CA 92670
Request: One year extension of time for the construction of a
1,652 square foot second story addition to an existing
one story residence pursuant to Section 989.5.2 of the
Huntington Beach Ordinance Code.'
Location: 3372 Gilbert Drive
Wayne Carvalho, Staff Planner, reported that the applicant is
requesting a one year extension of time due to the economic
climate. The project meets Code as reviewed by the Planning
Commission one year ago. Staff recommended approval of the one year
extension of time.
THE PUBLIC HEARING WAS OPENED.
Louie Hernandez, representing the applicant, was present and
concurred with staff.
There were no other persons present to speak for or against the
request and the public hearing was closed.
ZA Minutes - 10/7/92
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(4762d)
COASTAL DEVELOPMENT PERMIT NO. 91-28 (EXTENSION OF TIME) WAS
APPROVED FOR ONE YEAR BY THE ZONING ADMINISTRATOR. THE ZONING
ADMINISTRATOR2 STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN
CALENDAR (10) DAYS.
ITEM 4: TENTATIVE PARCEL MAP NO. 92-191
Applicant: DeWayne Brown
15481 Electronic Lane, Unit E
Huntington Beach, CA 92649
Request: To rescind condition no. 3 of approved Tentative
Parcel Map 92-191 requiring independent fire
service connections to each parcel.
Location: 17752-17762 Metzler Lane
Wayne Carvalho, Staff Planner, reported that the parcel map was
approved earlier in the year for the subdivision of the industrial
parcel into two lots. There are two buildings with a fire wall down
the middle. A condition was placed on the approval requiring
separate fire connection services. After meetings with Fire and
Public Works Departments, it was agreed to rescind the condition
with a revised condition that a covenant be filed for the
maintenance of the fire service connection. Staff recommended
approval to rescind condition no. 3 with a revised condition.
THE PUBLIC HEARING WAS OPENED.
George Renek, representing the applicant, was present and concurred
with staff's recommendation.
There were no other persons present to speak for or against the
request and the public hearing was closed.
TENTATIVE PARCEL MAP NO. 92-191 (REVISED CONDITIONS) WAS APPROVED
BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING 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.
Modified Conditions of Approval:
1. The applicant shall record a maintenance and service agreement
for the common service connection between properties.
2. All previous conditions of approval are still in effect, except
for Condition No. 3 which has been deleted.
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ZA Minutes - 10/7/92 -8- (4762d)
ITEM 5• TENTATIVE PARCEL MAP NO, 92-203
Applicant: Gilbert Engineering
4552 Lincoln Avenue #206
Cypress, CA 90630
Request: To consolidate two (2) legal, non -conforming
lots into one, 6,750 square foot lot for
multiple family residential purposes pursuant to
Section 9921 of the Huntington Beach Ordinance
Code.
Location: 7541 and 7555 Warner Avenue
Wayne Carvalho, Staff Planner, reported that the applicant is
proposing to consolidate two legal, non -conforming lots into one 75
foot wide, R2 zoned lot. A use permit was approved for a tri-plea
on this lot with a condition that a parcel map be filed. Staff
recommended approval with findings and suggested conditions of
approval.
THE PUBLIC HEARING WAS OPENED.
There were no one present to speak for or against the request and
the public hearing was closed.
TENTATIVE PARCEL MAP NO. 92-203 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 proposed consolidation of two (2) parcels into one for
multiple family residential purposes is in compliance with
the size and shape of property necessary for that type of
development. The proposed consolidation is consistent with
the Medium -High Density Land Use Designation in the General
Plan.
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
consolidation is consistent with the Medium -High Density
Land Use Designation of the General Plan.
3. The property was previously studied for this intensity of
land use at the time the land use designation for
Medium -High Density allowing multiple family residences was
placed on the subject property.
ZA Minutes - 10/7/92 -9- (4762d)
4. The size, depth, frontage, street width and other design
and improvement features of the proposed consolidation 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.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR
ANY PURPOSE:
1. Tentative Parcel Map No. 92-203 received by the Department
of Community Development on August 19, 1992 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. A copy of the recorded parcel map shall
be filed with the Department of Community Development.
3. Water supply
Beach's water
developed (if
parcel(s).
shall be through the City of Huntington
system at the time said parcel(s) is/are
such systems exist within 200 feet of said
4. 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).
5. All utilities shall be installed underground at the time
said parcel(s) is/are developed.
6. Compliance with all applicable City Ordinances.
7. All vehicular access rights along Warner Avenue shall be
dedicated to the City of Huntington Beach except at
locations approved by the Zoning Administrator.
8. The applicant/property owner shall be responsible for
paying the Park and Recreation Fees in effect at the time
the final map is accepted by City Council or release of the
map for recordation.
ZA Minutes - 10/7/92 -10- (4762d)
ITEM 6• TENTATIVE PARCEL MAP NO, 92-224
Applicant: Robert Bell
R. B. Engineering
3198 N. Ashwood Street
Orange, CA 92665
Request: To subdivide one parcel into two (2) for General
Commercial use pursuant to Section 9921 of the
Huntington Beach Ordinance Code.
Location: 17837 Beach Blvd.
Wayne Carvalho, Staff Planner, reported that the subject parcel map
is part of a larger project. The Planning Commission reviewed a use
permit request to construct a commercial building to be occupied by
Big-O Tire. Staff indicated, there was discussion at the Planning
Commission meeting relative to noise and compatibility. Also, Fire
Department had concerns about emergency access to the building to
the south. Staff recommended continuance until action is taken by
the Planning Commission.
THE PUBLIC HEARING WAS OPENED.
Robert Bell, Engineer for the owners, advised that all they are
trying to do is create a legal parcel. He said, if the use permit
with the present developer falls through, they still want to create
a legal parcel.
There were no other persons present to speak for or against the
request and the public hearing was closed.
TENTATIVE PARCEL MAP NO. 92-224 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 proposed subdivision of two (2) parcels for purposes of
commercial use is in compliance with the size and shape of
property necessary for that type of development.
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.
3. The property was previously studied for this intensity of
land use at the time the land use designation for General
Commercial allowing commercial buildings was placed on the
subject property.
ZA Minutes - 10/7/92 -11- (4762d)
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.
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 September 11, 1992 shall be the
approved layout (with the amendments as noted thereon).
2. A parcel map shall be filed with and approved by the
Department of Public Works and recorded with the Orange
County Recorder. A copy of the recorded parcel map shall be
filed with the Department of Community Development.
3. Prior to recordation of this parcel map, the surveyor/
engineer preparing the map shall tie the boundary of the map
into the Horizontal Control System established by the County
Surveyor in a manner described in Sections 7-9-330 and
7-9-337 of the Orange County Subdivision Code and Orange
County Subdivision Manual, Subarticle 18.
4. Prior to recordation of this parcel map, the
surveyor/engineer preparing the map shall submit to the
County Surveyor a digital -graphics file of said map in a
manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision
Manual, Subarticle 18.
5. Prior to approval of the Parcel Map or Parcel Map Waiver,
the existing buildings must be separated by the proper fire
resistive wall construction, as required by the Uniform
Building Code. All construction shall be permitted and
construction finaled.
6. All vehicular access rights along Beach Boulevard and Ronald
Road shall be dedicated to the City of Huntington Beach
except at locations approved by the Zoning Administrator.
THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, OCTOBER 14, 1992, AT 1:30 PM.
Aikd S range
Zoning Administrator
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ZA Minutes - 10/7/92 -12- (4762d)