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HomeMy WebLinkAbout1993-02-031 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 3. 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho MINUTES: The Minutes of January 20, and 27, 1993 Zoning Administrator Meetings were approved. ITEM 1: NEGATIVE DECLARATION NO, 92-44 Applicant: City of Huntington Beach Fire Department 2000 Main Street Huntington Beach, CA 92648 Request: To install two (2) pipelines of approximately 4,000 lineal feet to convey approximately 150-300 barrels of oil production fluids from existing oil wells at the Civic Center parking lot to existing Miley -Keck Oil Tank Farm located at 19081 Huntington Street. The proposed pipeline is intended to replace the existing defunct pipeline which the City had previously used to convey oil and materials to the same tank farm. The project does not involve the expansion of existing oil production facilities at the Civic Center or containment facilities at the tank farm. The pipeline is proposed to follow the route identified below. Location: The pipeline will run from the oil well facilities at the Civic Center (located at 2000 Main Street), east along Yorktown Avenue to Huntington Street where the line will continue north along Huntington Street to the Miley -Keck Tank Farm (located at 19081 Huntington Street). Wayne Carvalho, Staff Planner, reported that the negative declaration was a recommendation from the Environmental Assessment Committee. Staff recommended approval with mitigation measures. THE PUBLIC HEARING WAS OPENED. Richard Grunbaum, Deputy Fire Marshall, responded to questions posed by Gerald Chapman, 6742 Shire Circle. Richard Grunbaum reported that the City earns approximately $300,000 per year from the subject oil wells. He advised that the request was an emergency measure because the pipe line ruptured resulting in a significant loss of revenue. He concluded by stating that the revenue far outweighs the construction costs. There were no other persons present to speak for or against the request and the public hearing was closed. NEGATIVE DECLARATION NO. 92-44 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. To minimize impacts on soils disposal and exposed soils, the applicant shall comply with the following: a. All surplus soil and unused materials (including asphalt) shall be disposed of at an off -site facility licensed and equipped to accommodate them. b. During pipe installation and trench excavation, the applicant shall control fugitive dust by watering the soil piles and exposed dirt. 2. To minimize impacts on short-term construction equipment emissions, the applicant shall comply with the following during construction: a. Use low sulfur fuel (.05% by weight) for equipment; b. Phase and schedule construction activities to avoid high ozone days (first stage smog alerts); c. Discontinue construction during second stage smog alerts. d. Maintain equipment engines in proper tune. ZA Minutes - 2/3/93 -2- (5853d) 3. In order to minimize noise impacts during construction, the applicant shall comply with the following: a. Equipment used in installing pipelines shall be equipped with double mufflers. b. Construction activities shall be limited to Monday - Friday 7:00 a.m. to 5:00 p.m. and shall be prohibited on Saturdays, Sundays and Federal Holidays. 4. To minimize impacts on traffic flows along the pipeline route, the applicant shall comply with the following: a. Prior to installation of pipeline, the applicant shall submit a construction plan for approval by the City's Traffic Division. 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. 5. To avoid impacts on existing utility lines, the applicant shall contact all utility companies which have lines within the subject rights -of -way of trenching activities, prior to trenching. ITEM 2: USE PERMIT NO, 92-66/LOT LINE ADJUSTMENT NO, 93-1 Applicant: Central Park #9/Jeff Smith 123 Agate #B Balboa Island, CA 92662 Request: To permit the installation of an entry gate to a newly developed subdivision (Tract 13439) resulting in the reduction of two (2) lots pursuant to Section 9811.3.1 of the Huntington Beach Ordinance Code. Location: Derby Circle at Saddleback Lane Wayne Carvalho, Staff Planner, reported that the request includes a Lot Line Adjustment to modify the entry area of the tract; two (2) lots are affected which will still conform with minimum lot size standards specified in the Ellis/Goldenwest Specific Plan. Staff advised that Public Works and Fire Departments reviewed the request and conceptually approved the plan prior to the applicants submittle of the Use Permit. ZA Minutes - 2/3/93 -3- (5853d) Due to impacts to Lot 1, potential stacking and traffic impacts on Saddleback Lane as a result of the design and location of the call box and gates, staff recommended denial with findings. THE PUBLIC HEARING WAS OPENED. Jeff Smith, applicant, advised that they had worked with Public Works and Fire Department for many months to come up with a plan supported by those Departments. He said the gate meets the requirements for stacking, radius and turn around. He requested that the two issues be considered separately for the Use Permit for the gate and the Lot Line Adjustment. Carrie Thomas, President of the Country View Homeowners Association, spoke in opposition to the request. She said that the homeowners within the Ellis-Goldenwest Specific Plan quartersection have pursued gating of the entire quartersection. She requested that the Use Permit be denied and that the applicant work with all parties involved to come up with a plan to gate the entire quartersection. Mike Cully, 6826 Corral, spoke in opposition to the request. He was concerned that the proposed gate would decrease the value of his property while increasing the value of the homes within the gated area. Paul Mora, 6562 Silverspur, spoke in opposition to the request. He said the entire area should be gated to provide additional security for the residents. Gerald Chapman, 6742 Shire was present. He indicated that he resides in another tract and was in favor of a gated community; however the proposed gate was only going to gate a 27 lot subdivision. He said he would prefer to gate the entire quartersection. He further indicated that the developer built other tracts in the immediate vicinity which currently have no gates. Curt Chivers, 6582 Polo Circle, suggested that the request be approved with a contingency that the property owners sign an agreement to support the gate for the entire quartersection at a later date. Jeff Smith, applicant, said that they would not be opposed to a condition to remove the gate when the entire quarter section is gated. Dave Dahl, Developer, said that they have donated 20,000 square feet of land for the proposed gate in the quarter section. He said that the proposed tract of homes is more expensive that the existing homes which results in a more critical need for gates. He requested that the the two requests be analyzed separately to allow continued construction of the curbs and gutters. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 2/3/93 -4- (5853d) Pi 1 USE PERMIT.NO. 92-66 WAS DENIED WITH FINDINGS AND LOT LINE ADJUSTMENT 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 DENIAL - USE PERMIT NO 92-66: 1. The proposed entry gate will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed site design of the entry area will have a negative impact on traffic flows on Saddleback Lane due to the potential for stacking. The proposed location of the visitor call box will also impact traffic at the intersection of Saddleback and Derby Circle. b. Property and improvements in the vicinity. The proposed entry gate will adversely impact the vehicular ingress and egress to Lot 1 located north of the entry gate. Due to the orientation of Lot 1 fronting Derby Circle, vehicles would be required to make an awkward turn to and from Lot 1, as the proposed gate would be located directly in front of the lot. FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO, 93-1: 1. The lot line adjustment will not create a nonconforming parcel. Minimum lot sizes of 8,000 square feet will still be provided. 2. The lot line adjustment will not create a nonconforming yard requirement. 3. The lot line adjustment will not sever existing structures on the two lots. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed by the code prior to the adjustment. SPECIAL CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO, 93-1: 1. The Lot Line Adjustment received by the Department of Community Development on January 7, 1993 shall be the approved layout. 2. Monuments for the newly -established property lines shall be readjusted in compliance with the Subdivision Map Act. A record of survey shall be completed to verify the location of the newly placed monuments. ZA Minutes - 2/3/93 -5- (5853d) 3. Authentic -data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 4. Said plat map shall be recorded with the County Recorder; a copy of the recorded document shall be submitted to the Department of Community Development for inclusion in the entitlement file. ITEM 3: CONDITIONAL EXCEPTION NO 92-43 Applicant: Chris Byrne 6732 Alamitos Cir. Huntington Beach, CA 92648 Request: To permit the construction of a retaining wall up to five (5) feet in height with a variance to the two (2) foot cut and fill requirement pursuant to the Ellis Coldenwest Specific Plan (Huntington Beach Ordinance Code Section 9300[e]). Location: 6732 Alamitos Circle Wayne Carvalho, Staff Planner, reported that the subject property is located within the Ellis-Goldenwest Specific Plan and is located on the southeast corner lot of the Southwest Diversified tract, adjacent to the proposed school site. Staff advised that Public Works reviewed the request and did not have any concerns. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Debbie Byrne, applicant, said that the fence would provide privacy for the proposed swimming pool from the school children. Gerald Chapman, 6742 Shire, spoke in support of the variance request due to grade differential on the lot. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 92-43 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. ZA Minutes - 2/3/93 -6- (5853d) b1 e,?• LJ FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO, 92-43: 1. The granting of Conditional Exception No. 92-43 for a five (5) foot high retaining wall will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The proposed retaining wall is necessary for the use of rear portion of the lot due to the change in grade. The lot was graded with an unusual 4 foot slope along a portion of the south property line. 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 rear portion of the lot has a substantial grade differential that restricts the use of the property in that area. 3. The granting of Conditional Exception No. 92-43 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 92-43 will allow for the construction of a swimming pool in the rear yard. 4. The granting of Conditional Exception No. 92-43 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. With the conditions imposed, the proposed retaining wall will not impact adjacent property owners. Furthermore, the wall will not impact existing drainage from the property. 5. The granting of Conditional Exception No. 92-43 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and fence elevations received and dated January 12, 1993 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 drawing sets submitted for plancheck. ZA Minutes - 2/3/93 -7- (5853d) 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. 6. Proposed wall shall be architecturally compatible with existing walls. 7. A anti -graffiti sealant shall be used on the retaining wall. B. Landscaping shall be provided along the south side of the retaining wall to reduce visual impacts; all landscaping shall be placed solely on the applicant's property. 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. 92-43. 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 Conditional Exception No. 92-43 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 10, 1993 AT 1:30 PM. ✓ ol, Mike Strange Zoning Administrator :jr ZA Minutes - 2/3/93 -8- (5853d)