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HomeMy WebLinkAbout1992-11-181 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 18, 1992 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes of November 11, 1992 Zoning Administrator Meetings were approved. ITEM 1• CONDITIONAL EXCEPTION NO 92-38 (Continued from the November 11. 1992 Zoning Administrator Meeting) Applicant: D'Ambra 7744 Westminster Blvd. Westminster, CA 92683 Request: To permit the remodel of an existing two (2) car garage by reducing the inside dimension to 17' in width in lieu of the required 18' pursuant to Section 9601.5 of the Huntington Beach Ordinance Code. The remodel will provide an additional parking space along the side property line for a Recreational Vehicle (RV). Location: 17431 Forbes Lane Wayne Carvalho, Staff Planner, reported that the subject request had been continued from the November 11, 1992 Zoning Administrator Meeting to allow sufficient time to research other variances in the area. Staff indicated that there were no similar variances in the tract. Staff concluded by recommending denial due to the lack of any land -related hardship. THE PUBLIC HEARING WAS OPENED. Jim Fox, owner of the property, presented a video which showed a motor home directly across the street which was parked between the residences similar to the subject request. The video also showed a motor home parked in the street in front of the adjacent residence and showed his motor home parked between the two residences encroaching slightly on the adjacent property owner's property. Mr. Fox asked the Zoning Administrator for suggestions or alternatives which would allow him to keep the motorhome in his neighborhood. He indicated that his motorhome was burglarized while being stored at a RV storage facility. Pat Lewis, 17441 Forbes Lane, spoke in support of the request. She said if the request was not approved and the motorhome left in the street, that the motorhome would result in a safety hazard. Dennis D'Ambra, the applicant, requested approval because the variance request was twelve inches and that two cars would still fit into the garage. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 92-38 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 92-38: 1. The granting of Conditional Exception No. 92-38 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Because of the design of the dwelling, the property owner is unable to park his recreational vehicle on the side yard which is a privilege enjoyed by other properties located in the area. 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. Because of the unique configuration of the lot, a dangerous parking situation is created with the adjacent property to the south. Therefore, it is necessary to park the recreational vehicle on the side yard and eliminate the parking hazard. 3. The granting of Conditional Exception No. 92-38 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 92-38 will allow additional parking for a recreational vehicle (RV). ZA Minutes - 11/18/92 -2- (5199d) 1 1 4. The granting of Conditional Exception No. 92-38 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The location, site layout, and design of the proposed garage remodel properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 5. The granting of Conditional Exception No. 92-38 will not adversely affect the General Plan of the City of Huntington Beach. The reduced garage width will provide additional off-street parking which is consistent with the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 13, 1992 shall be the conceptually approved layout. 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 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. Conditions of approval shall be printed verbatim on the cover sheet of all working drawings submitted for plancheck. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. 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. 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. 92-38. 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 Conditional Exception No. 92-38 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes - 11/18/92 -3- (5199d) ITEM 2: USE PERMIT NO. 92-60 Applicant: John/Angelo Lardas P. O. Box 1260 Costa Mesa, CA 92628 Request: To permit the addition of a McDonald's playland including ancillary outdoor seating, and the removal of a previously approved landscape planter along the rear property line pursuant to Section 9220.1(c) of the Huntington Beach Ordinance Code. The removal of the planter will allow for vehicular access to a fifteen (15) foot wide easement located along the rear of the commercial properties. Location: 6561 Edinger Ave. Wayne Carvalho, Staff Planner, advised that the applicant's request was to remove a previously approved landscape planter and add a play area in the front of the property. Staff reported that the landscape planter was a previous condition of approval on the property and that the use permit request was a result of a code enforcement violation relative to the removal of the planter. Staff advised that calls had been received in opposition to the rear easement and removal of the planter. Staff recommended the deletion of the outside seating and the non -conforming pole sign be brought up to code standards. Staff concluded by recommending approval of the request based on findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Robart Lombardi, representing McDonald's Corporation, requested the sign be permitted to allow them to remain competitive, and to allow their use of the easement on the back of the property. -John Linde, 6562 Limerick Drive, requested the item be continued because the notification was not received until Friday, November 13, 1992. He said that would allow sufficient time to review the plans. Mike Strange, Zoning Administrator, advised that mail delivery was delayed due to the Veteran's Day Holiday. Gerald Collins, 15931 Wicklow Lane, spoke in opposition to the request. He said that noise had significantly increased after McDonald's removed the planter and the trees. He said that he spoke with a number of other neighbors who all were opposed due to trash from McDonald's on their property and the noise that is generated. Sharon Collins, representing McDonald's Corporation, said that McDonald's would be very willing to work with the neighbors to resolve problems. There were no.other persons present to speak for or against the request and the public hearing was continued left open. ZA Minutes - 11/18/92 -4- (5199d) 1 USE PERMIT NO. 92-60 WAS CONTINUED TO THE ZONING ADMINISTRATOR MEETING OF DECEMBER 16, 1992 ITEM 3: USE PERMIT NO. 92-59/CONDITIONAL EXCEPTION NO. 92-36/ COASTAL DEVELOPMENT PERMIT NO. 92-28 Applicant: Brion S. Jeannette 420 N. Newport Blvd. Newport Beach, CA 92663 Request: To demolish an existing two-story single family residence and construct a new, 6,900 square foot, three (3) story residence with a reduced front yard setback (10' in lieu of 15') pursuant to Sections 9110.4(c), 9110.6, and 989.5.2 of the Huntington Beach Ordinance Code. Wayne Carvalho, Staff Planner, reported that the applicant is requesting a variance for reduced front yard setback on a portion of the new residence. Staff reported that the request meets the code requirements for open space and other setbacks. Staff indicated that the unique shape of the lot restricted the design of the new home. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Brion Jeannette, the applicant, said that the encroachment is due to the shape of the lot with the property being located on a curve of two (2) streets. Willie Whyte, 16531 Carousel Lane, reviewed the plans and, after review, stated support 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. 92-59/CONDITIONAL EXCEPTION NO. 92-36/COASTAL DEVELOPMENT PERMIT NO. 92-28 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 TEN CALENDAR (10) DAYS AND ANOTHER TEN WORKING (10) DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL - USE PERMIT NO, 92-59: 1. The establishment, maintenance and operation of the third story floor area will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed third story complies with standards specified in the Huntington Beach Ordinance Code. All windows are oriented toward public rights -of -way. ZA Minutes - 11/18/92 -5- (5199d) b. Property and improvements in the vicinity of.such use or building. The third story floor area will be harmonious and compatible with streets, driveways, property lines and surrounding neighborhood. 2. The granting of Use Permit No. 92-59 will not adversely affect the General Plan of the City of Huntington Beach. The proposed third story is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 92-36: 1. The granting of Conditional Exception No. 92-36 to allow a portion of the new residence to encroach within the front yard setbacks will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Due to the unique shape and location of the subject lot, design of the new residence is restrictive. The proposed driveway is to be moved away from the intersection requiring the structure to be situated closer to the intersection. The proposed residence will comply with all other setback requirements including required open space. 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 unique shape and location of the subject lot restricts the design of the proposed residence. The two streets intersect at approximately a 45 degree angle requiring the residence to be setback a minimum of ten feet along the entire street frontage. Further, only a small portion of the proposed residence will encroach into the 15 foot front setback. 3. The granting of Conditional Exception No. 92-36 is necessary in order to preserve the enjoyment of one or more substantial property rights. The reduced front yard setback will allow for a complete dining room on the first floor and a bedroom on the second floor. 4. The granting of Conditional Exception No. 92-36 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The reduced frontyard setback will not adversely impact vehicular or pedestrian traffic vision nor will it impact the privacy of abutting properties. 1 ZA Minutes - 11/18/92 -6- (5199d) 5. The granting of Conditional Exception No. 92-36 for a reduced front setback will not adversely affect the General Plan of the City of Huntington Beach. The new single family residence is consistent with the Low Density Residential Land Use designation of the General Plan. FINDINGS FOR APPROVAL -COASTAL DEVELOPMENT PERMIT NO. 92-28: 1. The request to permit the construction of a new three-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed residence will not adversely impact existing views or public access. 2. Coastal Development Permit No. 92-28 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. The proposed residence will conform with all applicable City codes except for variances granted under Conditional Exception No. 92-36. 3. At the time of occupancy, the proposed three-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exists to the site. 4. The proposed three (3) story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated October 6, 1992 shall be the conceptually approved layout with the following modification: a. The driveway shall be constructed to provide a twenty-five (25) foot turning radius into the garage. 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 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. 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. ZA Minutes - 11/18/92 -7- (5199d) 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. The Public Works Department requirements are: a. A grading plan shall be submitted and approved by the Department of Public Works prior to issuance of building permits. b. Modification to the existing driveway shall be approved by the Department of Public Works. C. The applicant shall pay all applicable Public Works fees. 7. The Fire Department requirements are: a. Automatic sprinkler systems shall be installed throughout the new residence to comply with Huntington Beach Fire Department and Uniform Building Code standards. b. A two inch (2") domestic/fire water service shall be provided to the new residence to supply automatic sprinkler system. C. A fire alarm system including smoke detectors and audible alarms shall be installed to comply with Fire Department and Uniform Fire Code Standards. 8. The applicant shall submit for review and approval prior to issuance of building permits a geologic report prepared by a geologist registered in the State of California in accordance with the Alquist-Priolo Geologic Hazard Zones Act. 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. 92-36. 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. 92-59, Conditional Exception No. 92-36 and Coastal Development Permit No. 92-28 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes - 11/18/92 -8- (5199d) F� THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 2, 1992, AT 1:30 PM. Mike Strange Zoning Administrator :jr ZA•Minutes - 11/18/92 -9- (5199d)