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HomeMy WebLinkAbout1993-06-09I� MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 9 1993 - 1.30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBER: Wayne Carvalho MINUTES: The Minutes of June 2, 1993 Zoning Administrator Meeting were approved. ITEM 1: USE PERMIT NO. 93-24 Applicant: David Ewing 1205 S. Garnsey Street Santa Ana, CA 92707 Request: To permit a 987 square foot two-story addition to an existing single story residence with non -conforming sideyard setbacks pursuant to Sections 9852(c) and 9130.7(b) of the Huntington Beach Ordinance Code. Location: 228 Elmira Wayne Carvalho, Staff Planner, reported that the request was continued from the June 2, 1993 Zoning Administrator Meeting to provide adequate time to contact the owner of the adjacent property relative to an alternative plan. Staff advised that a letter had subsequently been received from the adjacent property owner which stated the preference of the two foot sideyard setback with the elimination of all windows on that side. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS RE -OPENED. David Ewing, 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. 93-24 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 93-24: 1. The establishment, maintenance and operation of the 987 square foot two story addition maintaining a two (2) foot sideyard setback will result in improved design and utility of the project. The proposed addition will be modified to comply with the Uniform Building Code. 2. The design of the proposed two story addition will be compatible with the surrounding neighborhood. 3. The proposed addition will not have a detrimental effect on the general health, safety, welfare or privacy of the surrounding residents. The existing two (2) foot sideyard setback will be modified to comply with code which prohibits any openings to the adjacent property. This will reduce any privacy concerns on the surrounding residents. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 19, 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. 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Four (4) sets of landscape and irrigation plans to the Department of Community Development and Public Works for review and approval. ZA Minutes - 6/9/93 -2- (6985d) b. A grading plan shall be submitted and approved by the Department of Community Development. c. All applicable Public Works fees shall be paid. 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. The applicant/property owner shall remove and replace the ._ existing curb and gutter to Public Works standards. 7. The applicant/property owner shall construct half of alley to Public Works standards. 8. The applicant/property owner shall dedicate 2'6" of alley to Public Works 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 Use Permit No. 93-24 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: NEGATIVE DECLARATION NO, 93-12 Applicant: City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 Request: Installation of curb, gutter and sidewalk along the unimproved pockets located within the area identified below. Additional dedication involved is limited to properties voluntarily dedicated by property owners. Location: Multiple locations within the area generally bounded on the west by Delaware Street, on the north by 17th Street, Florida Street and Clay, on the east by Beach Boulevard and to the south by Utica Avenue. ZA Minutes - 6/9/93 -3- (6985d) Wayne Carvalho, Staff Planner, reported that the request was an environmental document which had been advertised for twenty-one days. Staff advised that one letter was received from the Environmental Board which was reflected in the suggested mitigation measures. Staff concluded by recommending approval with suggested mitigation measures. There were no persons present to speak for or against the request. NEGATIVE DECLARATION NO. 93-12 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. Prior to initiation of street improving construction, the Department of Public Works shall replace at a one to one ratio all trees which will be removed as a result of the street improvement project. Replacement trees may be located on private property adjacent to the former tree locations or within the public right-of-way. 2. To minimize impacts to emergency access as a result of temporary lane closures, the applicant shall notify the City of Huntington Beach Fire and Police Departments of any street lane closures a minimum of 24-hours prior to the initiation of street improvement activities. 3. To minimize impacts to circulation conflicts as a result of construction traffic, the applicant shall submit and implement a construction traffic circulation plan identifying the routes which construction equipment and trucks will use to access and depart from the area. The plan shall use routes to generate the minimum number of circulation conflicts with residential, pedestrian, bicycle and vehicle traffic. ITEM 3: TENTATIVE PARCEL MAP NO. 93-139 Applicant: David S. Smokler 18900 Studebaker Road Cerritos, CA 90701 Request: To permit the consolidation of two (2) lots into one 5,600 square foot lot for single family residential purposes pursuant to Section 9921 of the Huntington Beach Ordinance Code. Location: 201 17th Street 11 ZA Minutes - 6/9/93 -4- (6985d) Wayne Carvalho, Staff Planner, reported that the request for lot consolidation was consistent with Code requirements. Staff recommended approval with findings and suggested conditions of approval. There were no persons present to speak for or against the request. TENTATIVE PARCEL MAP 93-139 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 purposes of single family residential 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 Medium High Density Residential allowing single family residential buildings was placed on the subject property. 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: 1. Tentative Parcel Map No. 93-139 received by the Department of Community Development on May 10, 1993 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. Two and one-half (2161*) foot alley and 20 foot corner radius shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). ZA Minutes - 6/9/93 -5- (6985d) 5. 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). 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. All vehicular access rights along Seventeenth Street and Walnut 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 issuance by building permits, whichever occurs first. 9. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. ITEM 4: CONDITIONAL EXCEPTION NO. 93-18 Applicant: Frank Thaheld 3912 Kitten Circle Huntington Beach, CA 92649 Request: To permit a modification of an existing garage from a side entry to a front entry resulting in a reduced front setback (16 feet in lieu of a minimum of 22 feet) pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. Location: 3912 Kitten Circle Wayne Carvalho, Staff Planner, reported that the property is located at the end of a cul-de-sac and that the existing garage side entry was extremely awkward. Staff advised that the request meets the findings for a land related hardship due to the configuration of the lot and therefore recommended approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Frank Thaheld, 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. ZA Minutes - 6/9/93 -6- (6985d) 1 CONDITIONAL EXCEPTION NO. 93-18 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 N0, 93-18: 1. The granting of Conditional Exception No. 93-18 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The proposed garage remodel will allow for the use of the existing garage for parking as it is presently requires greater than a 90 degree turn to enter the garage. 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 subject property is located at the end of a cul-de-sac and includes an awkward driveway approach into the existing garage. 3. The granting of Conditional Exception No. 93-18 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 93-18 will allow for the use of the garage for parking and a larger area for guest parking. 4. The granting of Conditional Exception No. 93-18 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed garage remodel will provide for a straight approach into the garage allowing more vehicles to be parked on -site. 5. The granting of Conditional Exception No. 93-18 will not adversely affect the General Plan of the City of Huntington Beach. The garage remodel 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 May 11, 1993 shall be the conceptually approved layout. ZA Minutes - 6/9/93 -7- (6985d) 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 drawing sets submitted for plancheck. 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. The property owner shall provide a roll -up type garage door on the remodeled garage. 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 Conditional Exception No. 93-18 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO, 93-31 Applicant: Emil G. Varona 300 Pacific Coast Highway, No. 114 Huntington Beach, CA 92648 Property Owner: Haseko-Dunn 2603 Main Street, No. 110 Irvine, CA 92714 Request: To permit the establishment of a newstand with outdoor display at the Pierside Pavillion. Location: 300 Pacific Coast Highway C 1 ZA Minutes - 6/9/93 -8- (6985d) Wayne Carvalho, Staff Planner, reported that the request was the result of a Code Enforcement violation for the establishment of the newsstand. Staff advised that various City Departments reviewed the request with Police, Fire and Building having no position other than complying with the Code, and Redevelopment who was recommending denial. Staff recommended approval with the elimination of the metal racks outside and recessing the rack located adjacent to the stairway outside the doors, into the wall. THE PUBLIC HEARING WAS OPENED. Emil Varona, the applicant, said that the many benefits of the newstand, one being that a person is present to sell the magazines which eliminates loitering in the lobby area. He said the stand is barely visible from the street; however, their clients know it is there and come to buy publications that are not available locally; clients often stop for coffee, dinner, etc. He advised that only sophisticated type of magazines were sold with no adult type magazines. He urged the Zoning Administrator to approve the request. Diana Easterling was present and spoke in opposition to the request. She was concerned that a businessman could come into an area and start a business without a Certificate of Occupancy. She advised that the City was preparing an ordinance relative to standards for carts and kiosks and stated that it would be inappropriate to take action on the item at this time. Bob Winchell, representing Huntington Beach Tomorrow, spoke in opposition to the request. He stated that it appeared that the applicant had added on to a building without obtaining City approval and was concerned about blocking access to the lobby area. He said if the request was approved, it should be temporary until the cart and kiosk ordinance is adopted. Debbie Cook, Planning Commissioner, suggested continuance to allow time for meetings between the applicant, residents, business owners and the City. Paul Wimmer, Property Manager of Main Street Bar and Grill, was present. He supported Mr. Varona's business, however, was very concerned about the possibility of Mr. Varona selling the business at some point in time to another person who may not be as community minded. He said he supports the business because Mr. Varona maintains a great deal of control over people loitering. Gary Gorman, Planning Commissioner, said he appreciated Mr. Varona's effort; however was concerned that a business would be allowed to use the public right-of-way for a private business. Jeff Jacobson, owner of Amy's Bakery adjacent to the proposed business, spoke in favor of the request. He attested to knowing Mr. Varona personally for quite some time and his goal to keep gangs out of the area. He stated that before the newsstand went in, people would hang out in the lobby; however, now they do not because of the presence. He said the newstand adds life and is a service to the community. ZA Minutes - 6/9/93 -9- (6985d) Dave Guarna (sp ? - did not sign in) attested to knowing the applicant for ten years. He said the use draws a high caliber of shoppers into the area and provides added security. He also said that the lobby area is not the main access to the upstairs. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-31 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND REVISED 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 93-31: 1. The establishment, maintenance and operation of the proposed newstand with outdoor display will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions imposed, the newstand will not impact pedestrian access to the Pavillion lobby, nor within the public right-of-way. b. Property and improvements in the vicinity of such use or building. The modified proposal will not impact the architectural integrity of the Pierside Pavillion and will not adversely impact the surrounding businesses. 2. The granting of Use Permit No. 93-31 will not adversely affect the General Plan of the City of Huntington Beach. The proposed newsstand is consistent with the goals and objectives of the Visitor Serving Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 3, 1993 shall be the conceptually approved layout with the following modifications: a. All newsstands/racks shall be deleted except for one located on the north wall, located adjacent to the entry of the lobby. b. The newsstand shall be recessed entirely within the north wall structure with solid decorative doors. The modified newsstand shall be reviewed and approved by the Design Review Board for colors and materials only. ZA Minutes - 6/9/93 -10- (6985d) 1 2. A revised site plan shall be submitted to the Zoning Administrator depicting the modifications described above. 3. All reading material shall be contained within the newsstand. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 16, 1993 AT 1:30 PM. V- C/',-- Mike Strange Zoning Administrator :jr ZA Minutes - 6/9/93 -11--(6985d)