Loading...
HomeMy WebLinkAbout1993-01-20 (9)MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 20. 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: MINUTES: ITEM 1: USE PERMIT NO. 92-68 Wayne Carvalho The Minutes of December 23, 1992 and January 6, 1993 Zoning Administrator Meetings were approved. Applicant: Pacific Coast Homes/H.B. Company 2124 Main Street, Ste. 200 Huntington Beach, CA 92648 Request: To permit excavation within three (3) archeological site areas for data recovery purposes pursuant to Section 9730.62 of the Huntington Beach Ordinance Code. Location: West of Edwards Street between Ellis and Garfield Avenues. Wayne Carvalho, Staff Planner, reported that the use permit was the final phase of excavation within the Holly/Seacliff area. Staff concluded by recommending approval with findings and conditions of approval as outlined in the mitigation measures specified in EIR No. 89-1 (Holly-Seacliff Specific Plan). THE PUBLIC HEARING WAS OPENED. Bill Holman, 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. USE PERMIT NO. 92-68 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 -USE PERMIT NO 92-68: 1. The excavation of three (3) archeological sites will not be detrimental to the general welfare of persons residing or working in the vicinity nor property and improvements in the vicinity. Impacts resulting from the proposed excavation were reviewed and analyzed within EIR No. 89-1 (Holly-Seacliff). Implementation of mitigation measures will provide assurance that no adverse impacts will occur during and after excavation. 2. The granting of Use Permit No. 92-68 will not adversely affect the General Plan of the City of Huntington Beach. The excavation activities are consistent with the certified Holly-Seacliff Environmental Impact Report and Open Space Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated December 8,'1992 shall be the conceptually approved area of excavation. 2. All mitigation measures identified in Environmental Impact Report 89-1 (Holly-Seacliff Specific Plan) shall be addressed and implemented. 3. The archeological deposits within the Holly-Seacliff study area shall be subjected to a program of excavation designed to recover sufficient data to fully describe the sites. 4. Prior to the beginning of any excavation effort, a burial strategy should be developed by the archaeologist retained to accomplish the excavation, members of the Native American Community and City staff. The strategy should address details of the handling and processing of human remains encountered during excavation, as well as the ultimate disposition of such remains. 5. All excavation and ground disturbing observation projects should include a Native American observer. 6. Ground disturbing activity within the study area shall be monitored by a qualified observer assigned by the Archaeologist to determine if significant historic deposits (e.g. foundations, trash deposits, privy pits and similar features) have been exposed. ZA Minutes 1/20/93 -2- (5720d) 1 7. During cleaning, grading, earth moving or excavation, the applicant shall: a. Control fugitive dust by regular watering, paving construction roads, or other dust preventive measures. b. Maintain equipment engines in proper tune. 8. During excavation, the applicant shall: a. Use water trucks or sprinkler systems to keep all areas where vehicles move 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. Use low sulfur fuel (105% by weight) for construction equipment. d. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The operation 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 Use Permit No. 92-68 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes 1/20/93 -3- (5720d) ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 92-31/CONDITIONAL EXCEPTION NO. 92-42 Applicant: Darlene La Combe 20321 Acacia Drive, Suite 100 Santa Ana Heights, CA 92707 Request: To permit a 3,700 sq. ft. two (2) story addition to an existing 2,500 sq. ft. single story residence. The request includes a variance for exceeding maximum site coverage (56% in lieu of maximum 55%) pursuant to Section 9110.5 of the Huntington Beach Ordinance Code. Location: 3972 Humboldt Drive Wayne Carvalho, Staff Planner, reported a Coastal Development Permit is required by code because the addition on the waterfront lot exceeds ten percent of the existing floor area. The variance is required because the site coverage exceeds the maximum allowed by code by 1%. Staff indicated that the Fire Department requires the residence to have fire sprinklers installed and a two inch water meter. Staff advised that four letters were received in support of the request and no comments either verbal or written were received in opposition to the request. Staff concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Darlene La Combe, the applicant, was present and concurred with staff's report. Staff responded to questions posed by Planning Commission Chairman Roy Richardson. There were no other persons present to speak for or against the request and the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 92-31/CONDITIONAL EXCEPTION 92-42 WERE 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 - COASTAL DEVELOPMENT PERMIT NO, 92-31: 1. The request to permit the remodel and addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed 3,700 square foot, two story addition will not impact public views or access. ZA Minutes 1/20/93 -4- (5720d) 1 2. 'Coastal Development Permit No. 92-31 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 development will conform with all applicable City codes. 3. At the time of occupancy, the proposed remodel and addition to an existing two-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 exist to the site. 4. The proposed remodel and 3,700 square foot, two story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 20, 1992 shall be the conceptually approved layout with the following modification(s): a. Minimum front yard, upperstory setback shall be fifteen (15) feet; balcony shall maintain an eleven (11) foot front setback. b. The minimum side yard setbacks shall be five (5) feet. 2. A revised set of plans incorporating the amendments shall be submitted to the Department of Community Development for inclusion in the entitlement file. 3. No structure shall be constructed on the existing storm drain easement. A cantilevered second story may be permitted over the easement provided that there be a minimum eight (8) foot vertical clearance. 4. 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. 5. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. ZA Minutes 1/20/93 -5- (5720d) 6. All proposed cantilevered deck improvements require separate permits for the improvements. 7. 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. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. The Public Works Department requirements are: a. Water service shall be upgraded pursuant to Public Works standards in conjunction with the fire sprinkler system. b. The applicant shall pay all applicable Public Works fees. 11. The Fire Department requirements are: a. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code standards. 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 Coastal Development Permit No. 92-31 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 3: CONDITIONAL EXCEPTION NO. 92-50 Applicant: Rudolf Schultz 10352 Pua Drive Huntington Beach, CA 92648 Request: To allow a trailer to be parked in the front yard opposite the driveway in lieu of the required area between the driveway and the nearest side property line pursuant to Section 9110.10(a) of the Huntington Beach Ordinance Code. Location: 10352 Pua Drive ZA Minutes 1/20/93 -6- (5720d) Wayne Carvalho, Staff Planner, reported that the request is the result of a code enforcement violation. Staff recommended denial with findings including no hardship. Staff indicated that the Huntington Beach Ordinance Code allowed trailers to be parked on a paved area between the driveway and the nearest side property line.. THE PUBLIC HEARING WAS OPENED. Rudolf Schultz, the applicant, advised that he and his wife lived at the location for 28 years and that the trailer had been parked in the front yard for six years. He submitted photographs of other residences in the tract that have RV's parked in the front and side yards. He said that it would create an extreme financial hardship if they were required to put the trailer in a storage facility. Chris Farris, 10342 Pua, said that the trailer is parked on the lawn opposite the driveway and adjacent to his driveway. He said he would not be opposed if the trailer was parked in the owners driveway. Judith Farris, 10342 Pua, submitted photographs taken from inside her home of the view of the trailer. She said that initially she was not opposed to the trailer until she found out that it was a Code violation. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 92-50 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. 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 Denial: 1. The granting of Conditional Exception (Variance) No. 92-50 to allow trailer parking in the front yard opposite the driveway will constitute a grant of privilege inconsistent upon other properties in the vicinity and under identical zone classifications. The trailer would be permitted to park on a paved area, adjacent to the driveway and the nearest side property line, and therefore, the granting of this request would constitute a special privilege upon this property that would be inconsistent with the surrounding properties. 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property was developed in compliance with the development standards at that time and no special circumstances exist regarding the topography or surroundings that would deprive the subject property of privileges by other properties in the surrounding area. ZA Minutes 1/20/93 -7- (5720d) 3. The granting of Conditional Exception (Variance) No_92^27 is not necessary to preserve the enjoyment of one or more substantial property rights. The subject property and surrounding developed properties were developed under the same standards and therefore the denial of the request would not deprive the subject property of one or more property rights. 4. The granting of Conditional Exception (Variance) No 92-50 will be materially detrimental to the public welfare or injurious to property in the same zone classification. Parking a trailer on the front yard opposite the driveway will set a precedent for such a request and may impact properties under the same zone classification. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 27, 1993 AT 1:30 PM. Mike Strange Zoning Administrator :jr ZA Minutes 1/20/93 -8- (5720d)