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HomeMy WebLinkAbout1993-04-2111 1 A MINUTES HUNTIN TON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, APRIL 21, 1993 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBERS: MINUTES• Mike Strange Wayne Carvalho The Minutes of March 31 and April 7, 1993 Zoning Administrator Meetings were approved and the Minutes of April 14, 1993 Zoning Administrator Meeting was continued. ITEM •1: TENTATIVE PARCEL MAP NO. 92-228 Applicant: Jim Ko Morse Consulting Group 4 Venture #100 Irvine, CA 92718 Request: To subdivide a 48.362 acre parcel into four (4) lots for conveyance purposes pursuant to Section 9921 of the Huntington Beach Ordinance Code. Location: Old Meadowlark Airport (North of Warner Avenue, west of Graham Street) Wayne Carvalho, Staff Planner, reported that the request was to subdivide a parcel into four lots. Staff recommended a condition that the East portion of Roosevelt be improved prior to the first certificate of occupancy on the commercial portion and that an Agreement be recorded with the County of Orange. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Jim Ko, was present, and concurred with the suggested conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. TENTATIVE PARCEL MAP No. 92-228 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. Tentative Parcel Map No. 92-228 to subdivide a 48.362 acre parcel that was recently subdivided into four parcels for purposes of developing a range of residential type uses with conditions of approval is consistent with the Land Use Designation of Residential -Planned Community of the Huntington Beach General Plan and the standards of the Meadowlark Specific Plan. The size, configuration and design of the parcels are consistent with the Meadowlark Specific Plan. 2. Tentative Parcel Map No. 92-228 for the creation of four parcels with conditions of approval is consistent with Development Agreement adopted by City Council on July 24, 1989 and the Conceptual Master Plan approved by the City Council on March 18, 1991. The four parcels align with the four residential development areas of the Conceptual Master Plan. 3. Tentative Parcel Map No. 92-228 for the subdivision of a 48.362 acre parcel into four parcels with the condition that Roosevelt Lane from Pearce Avenue south to be dedicated concurrently with the recordation of the map and full street improvements with cul-de-sac in place within six months of recordation is necessary for public health and safety reasons, and the street improvements are necessary for the orderly development of the surrounding area. The east side of Roosevelt is currently unimproved and partially paved. Roosevelt Lane was originally established as a private easement for vehicular access. At that time, there was scattered residential development. Over the last five years, multiple family residential development activities have occurred along the west side of Roosevelt Lane that has necessitated full street width improvements. This will provide safe and adequate traffic flow, sufficient vehicle maneuvering area, adequate fire access, and vehicle turn -around area at the terminus at Roosevelt Lane. CONDITIONS OF APPROVAL: 1. The Tentative Parcel Community Development layout. Map received by the Department of on April 20, 1993 shall be the approved 1 ZA Minutes - 4/21/93 -2- (6643d) 1 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. Plaza Lane and Roosevelt Lane shall be dedicated to City standards. 4. The applicant shall sign and notarize an agreement to improve Roosevelt Lane to City standards prior to issuance of the first Certificate of Occupancy for the Meadowlark Commercial Center (Phase I). The agreement shall be recorded with the Orange County Recorder prior to release of the Parcel Map for recordation. 5. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed. 6. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed. 7. All utilities shall be installed underground at the time said parcel(s) is/are developed. 8. Development shall comply with all applicable City Ordinances. 9. All vehicular access rights along Heil Avenue, Pearce Lane, Roosevelt Lane and Airport Circle shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. 10. 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. 11. 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. 12. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 13. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Minutes - 4/21/93 -3- (6643d) ITEM 2: USE PERMIT NO. 93-20 Applicant: Old World German Restaurant 7561 Center Ave. No. 68 Huntington Beach, CA 92647 Request: Annual review of Oktoberfest (from Mid -September to November 7, 1993) as required by Conditional Use Permit 88-22. Location: 7561 Center Ave., Unit 49 Wayne Carvalho, Staff Planner, reported that staff had not received formal comments from the Police Department as he had requested. He said one letter was received which stated concern about compliance with the restricted parking condition. Staff concluded by recommending approval with findings and suggested conditions of approval including a two week monitoring of the conditions. Mike Strange, Zoning Administrator, said he received a memo from the Police Department which stated the number of calls received from Old World Village for the last year. Bern Bischof, representing the applicant, said they had tried to resolve all problems and had requested that the tenants notify him when a problem occurs so he could relocate the security guards inside the village. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-20 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. CONDITIONS OF APPROVAL: 1. All previous conditions of approval on Conditional Use Permit No. 88-22 shall remain in effect. 2. The applicant shall contact the Department of Community Development, Code Enforcement Section within 30 days of the Oktoberfest to implement a monitoring system on all conditions of approval. The monitoring system shall include inspections by Code Enforcement personnel on a bi-weekly basis. 1 ZA Minutes - 4/21/93 -4- (6643d) ITEM 3• USE PERMIT NO. 93-21 Applicant: McWinney Berries P. O. Box 4423 Huntington Beach, CA 92605 Request: To permit a strawberry stand through July 15, 1993 pursuant to Section 9730.24 of the Huntington Beach Ordinance Code. Location: 16172 Beach Blvd. Wayne Carvalho, Staff Planner, reported that the request is for a strawberry stand through July 15, 1993. Staff recommended approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Tina Misitano, representing the applicant, was present and concurred with the suggested conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-21 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 temporary strawberry stand will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The strawberry stand will not obstruct circulation or traffic on public streets. b. Property and improvements in the vicinity of such use or building. The strawberry stand will be a temporary use through July 15, 1993. 2. The granting of Use Permit No. 93-21 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 30, 1993 shall be the conceptually approved layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. ZA Minutes - 4/21/93 -5- (6643d) 3. Fire access lanes shall be a minimum with of (20) twenty feet. 4. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 5. The applicant shall provide one (1) 2A 1OBC fire extinguisher per Fire Department requirements. 6. The applicant's request shall include necessary permits for temporary signs. The number, size and location of all signs shall be approved by the Zoning Administrator. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, 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 Use Permit No. 93-12 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of thirty (30) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 4: USE PERMIT NO, 93-22 Applicant: Huntington Christian School 1207 Main Street Huntington Beach, CA 92648 Request: To permit the installation of a 10' X 22' X 9' dry storage container on a proposed concrete slab for earthquake preparedness supplies for a five (5) year period pursuant to Section 9730.30 of the Huntington Beach Ordinance Code. Location: 1207 Main Street Wayne Carvalho, Staff Planner, reported that the request was for a dry storage container which would be used for storage of earthquake preparedness supplies. Staff recommended approval with findings and suggested conditions of approval. ZA Minutes - 4/21/93 -6- (6643d) THE PUBLIC HEARING WAS OPENED. Arthur Blietz, representing the applicant, was present and concurred with the suggested conditions of approval. Mike Strange, Zoning Administrator, advised the applicant to plant Leilani trees in front of the trailer along 17th Street. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-22 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 93-22: 1. The establishment and maintenance of the dry storage container will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The container will provide added space for earthquake preparedness supplies and will be screened with landscaping. b. Property and improvements in the vicinity of such use or building. The container will not require any further improvements on site. 2. The granting of Use Permit No. 93-22 will not adversely affect the General Plan of the City of Huntington Beach. The proposed dry storage container for storage purposes 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 April 1, 1993 shall be the conceptually approved layout with the following modifications: a. The slab and container shall be placed adjacent to the existing chain -link fence. 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. ZA Minutes - 4/21/93 -7- (6643d) I 3. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. Cypress leilani trees shall be planted along the north and west sides of the container to reduce visual impacts. 5. The container shall be painted to match the existing structures on site. 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 Use Permit No. 93-22 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 5: COASTAL DEVELOPMENT PERMIT NO, 93-6 Applicant: Jack Clapp 1210 Main Street Huntington Beach, CA 92648 Request: To permit a 560 square foot patio enclosure to provide indoor seating; and a 435 square foot enclosure for storage pursuant to Section 989.5.2 of the Huntington Beach Ordinance Code. Location: 201 Pacific Coast Highway (Dwight's Beach Concession) Wayne Carvalho, Staff Planner, reported that the request is for a patio enclosure to provide indoor seating and storage. Staff advised that the Design Review Board reviewed the request and recommended approval with modifications requiring the slumpstone treatment to be wrapped around the existing columns. Staff said that the site was posted with the public hearing information since there are no property owners within 100 feet. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Jack Clapp, applicant, was present and advised that the City of Huntington Beach is a co -applicant for the request. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 4/21/93 -8- (6643d) 1 COASTAL DEVELOPMENT PERMIT NO. 93-6 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 - COASTAL DEVELOPMENT PERMIT NO, 93-6: 1. The request to permit the remodel and 1,000 square foot addition to the existing Dwight's beach concession building conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed addition will not impact public views or access. Furthermore, the addition will provide additional seating area and storage area for the existing business. 2. Coastal Development Permit No. 93-6 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan, 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 1,000 square foot addition to Dwight's beach concession 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 1,000 square foot addition to Dwight's beach concession 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 March 23, 1993 shall be the conceptually approved layout with the following modifications. a. Colors and materials shall reflect the Design Review Board's action, including the slumpstone treatment around all columns. 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. ZA Minutes - 4/21/93 -9- (6643d) 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. 4. The proposed remodel and addition shall be architecturally compatible with existing structure. 5. The slumpstone treatment shall not exceed the height of the concession counter. 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. 93-6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 6: CONDITIONAL EXCEPTION NO. 93-11 Applicant: Adam W. Kiernik 19331 Waterbury Lane Huntington Beach, CA 92646 Request: To permit the existing two (2) car garage to be used as habitable area resulting in zero (0) enclosed parking spaces in lieu of two (2) required spaces pursuant to Section 9602.2 of the Huntington Beach Ordinance Code. Location: 19331 Waterbury Lane Wayne Carvalho, Staff Planner, reported that the applicant filed the request to permit the existing two car garage for habitable area as the result of a Notice of Violation issued by the City's Code Enforcement Section. Staff said that one letter was received in opposition to the request. Staff concluded that there was no land related hardship and therefore recommended denial of the request. THE PUBLIC HEARING WAS OPENED. Adam Kiernik, applicant, advised that they only had one vehicle which they park in their driveway. He said that the garage was sealed to prevent mold and pollen from entering their house. Also, an air filtration system was installed throughout the house and garage because his children suffer from life threatening allergic conditions which had resulted in hospitalization. He said all the abutting neighbors support their request. 1 ZA Minutes - 4/21/93 -10- (6643d) There were -,no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 93-11 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 - CONDITIONAL EXCEPTION NO. 93-11: 1. Granting of Conditional Exception No. 93-11 to permit the existing two car garage to be used as habitable space resulting in zero (0) enclosed parking spaces in lieu of two (2) required spaces would constitute a grant of special privilege inconsistent with limitations upon other Low Density Residential properties in the vicinity. Existing Single Family Dwellings are required to provide a minimum of two (2) enclosed parking spaces. 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 an identical zone classification. The property conforms with the minimum lot size and frontage requirements and is relatively flat. 3. The granting of Conditional Exception No. 93-11 is not necessary to preserve the enjoyment of one or more substantial property rights. The single family residence complies with all other provisions of the Huntington Beach Ordinance Code. Furthermore, there is ample area for an addition on the property. 4. The granting of Conditional Exception No. 93-11 will be materially detrimental to the public welfare or injurious to property in the the same zone classification. The reduced parking requirement would set a precedent for such a request and may impact conforming Single Family Residential properties under the same zone classification. THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 28, 1993 AT 1:30 PM. Mike Strange Zoning Administrator :jr ZA Minutes - 4/21/93 -11- (6643d)