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HomeMy WebLinkAbout1993-06-231 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 23. 1993 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES• Mike Strange Wayne Carvalho The Minutes of June 9 and 16, 1993 Zoning Administrator Meetings were approved. ITEM 1• COASTAL DEVELOPMENT PERMIT NO 93-7/USE PERMIT NO. 93-29 Applicant: Camelot Construction 7451 Warner Ave. Huntington Beach, CA 92647 Request: To permit the construction of a 450 square foot third story addition to an existing two (2) story single family attached residence pursuant to Sections 989.5.2 and 9110.4(c) of the Huntington Beach Ordinance Code. Location: 4012 Montego Drive Wayne Carvalho, Staff Planner, reported that the applicant requested a one week continuance because they would not be able to attend the public hearing. Staff recommended that the public hearing be opened to receive testimony and continued to the June 30, 1993 Zoning Administrator Meeting. THE PUBLIC HEARING WAS OPENED. There were no persons present to speak for or against the request and the public hearing was continued open. COASTAL DEVELOPMENT PERMIT NO. 93-7 WAS CONTINUED TO THE JUNE 30, 1993 ZONING ADMINISTRATOR MEETING BY THE ZONING ADMINISTRATOR. ITEM 2: USE PERMIT NO 93-40 Applicant: Della Chadwell 7777 Edinger Avenue Huntington Beach, CA 92647 Request: To permit a temporary outdoor event (1 day) for a vintage car show between 10:00 a.m. and 3:00 p.m., June 26, 1993, pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 7777 Edinger Ave. Wayne Carvalho, Staff Planner, reported that the request for a temporary outdoor event would display vintage automobiles for one (1) day between 10:00 AM and 3:00 PM. Staff recommended approval of the event with the standard conditions of approval. No one was present to speak for or against the request. USE PERMIT NO. 93-40 (TEMPORARY OUTDOOR EVENT) 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 TWO CALENDAR (2) DAYS. FINDINGS FOR APPROVAL: 1. The temporary outdoor event will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will not obstruct on -site circulation or access to existing businesses. b. Property and improvements in the vicinity of such use or building. The event is a temporary use for one day. 2. The granting of Use Permit No. 93-40 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated June 7, 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. 3. Fire access lanes shall be a minimum with of (20) twenty feet. 1 ZA Minutes'- 6/23/93 -2- (7089d) 1 4. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show table locations, tents, barriers, etc.). 5. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 6. The applicant's request shall include necessary permits for temporary signs. 7. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 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. 93-40 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 3: USE PERMIT NO 93-41 (TEMPORARY OUTDOOR EVENT) Applicant: Huntington Beach #1/Watt Management Co. 2716 Ocean Park Blvd., Suite 3040 Santa Monica, CA 90405 Request: To permit a temporary outdoor event (2 days) for a sidewalk sale with radio broadcasting and dancing in the center's parking lot pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 7409-7664 Edinger Ave. Wayne Carvalho, Staff Planner, reported that the temporary event would be held on June 26 and 27 in the center's parking lot. Staff recommended approval with findings and the standard conditions of approval. Averiel Griffin, representing the applicant, was present and advised that the dancing would be teaching line dancing. ZA Minutes - 6/23/93 -3- (7089d) There were no other persons present to speak for or against the request. USE PERMIT NO. 93-41 (TEMPORARY OUTDOOR EVENT) 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 outdoor event will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will not obstruct on -site circulation or access to existing businesses. b. Property and improvements in the vicinity of such use or building. The event is a temporary use for two (2) days. 2. The granting of Use Permit No. 93-41 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated June 8, 1993 shall be the conceptually approved layout. 2. Fire access lanes and exits 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. 3. Fire access lanes shall be a minimum with of (20) twenty feet. 4. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show table locations, tents, barriers, etc.). 5. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 6. The applicant's request shall include necessary permits for temporary signs. 7. Fire extinguishers shall be provided in number and locations specified by the Fire Department. INFORMATION OF SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. r� ZA Minutes - 6/23/93 -4- (7089d) 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. 93-41 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 93-44 (TEMPORARY OUTDOOR EVENT Applicant: Jack's Surfboard's 200 Main Street, Suite 101 Huntington Beach, CA 92648 Request: To permit a Temporary Outdoor Event (7 days) for a sidewalk sale in conjunction with the O.P. Pro Surfing Championship (June 27-July 3, 1993) pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 101 Main Street Wayne Carvalho, Staff Planner, reported that the temporary outdoor event was for a sidewalk sale to sell merchandise on the corner of Pacific Coast Highway and Main Street for seven days. Staff advised that one call was received which indicated that the sidewalk sale had been going on without City approval. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Mr. Abdulmuti, owner of Jack's Surfboard's, 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. 93-44 (TEMPORARY OUTDOOR EVENT) 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 outdoor event will not be detrimental to: ZA Minutes - 6/23/93 -5- (7089d) a. The general welfare of persons residing or working in the vicinity. The event will not obstruct on -site circulation or access to existing businesses. b. Property and improvements in the vicinity of such use or building. The event is a temporary use for up to seven (7) days. 2. The granting of Use Permit No. 93-44 will not adversely affect the General Plan of the City of Huntington Beach. The temporary outdoor sale is consistent with the Visitor Serving Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated June 16, 1993 shall be the conceptually approved layout. 2. No merchandise, equipment or customer lines shall encroach into the public right-of-way. 3. All merchandise shall be cleared from the site at the end of each business day. 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's request shall include necessary permits for temporary signs. 6. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 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. 93-44 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. ZA Minutes - 6/23/93 -6- (7089d) ITEM 5• USE PERMIT NO, 93-33 Applicant: Marcus Houle 10946 Barcelona Ct. Garden Grove, CA 92642 Request: To permit the construction of a six (6) foot high wood fence within two and one-half feet (211611) of the front property line pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 8261 Terry Drive Wayne Carvalho, Staff Planner, reported that three telephone calls and one letter had been received in opposition to the request. Staff advised that the proposed fence would encroach into the front setback and also impact site angle requirements. Staff indicated that there were no other fences in the neighborhood that encroached into the setback and therefore recommended denial with findings. THE PUBLIC HEARING WAS OPENED. Mr. Houle, the applicant, submitted photographs of seven other homes with similar fences and requested approval. The Zoning Administrator advised that the photos depicted six (6) foot high fences along corner lots exterior side property lines. Mr. J. Marsico, owner of the property, said they would be willing to work with staff to get the fence permitted. Mr. Tom Enos, 8252 Terry Drive, spoke in opposition of the request as proposed and suggested that the garage be converted to a front entry which would then allow them to have a front patio courtyard. Upon questioning by the Zoning Administrator, the applicant indicated that the conversion of the side entry garage to a front entry garage was going to occur during phase II of the remodel. There were no other persons present to speak for or against the request and the public hearing was closed. The Zoning Administrator stated that the proposed garage remodel would require a separate building permit. He further stated that the proposed fence was not compatible with the surrounding neighborhhod. He advised the applicant that the proposed fence would be permitted a minimum of fifteen (15) feet from the front property line. USE PERMIT NO. 93-33 WAS DENIED 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 - 6/23/93 -7- (7089d) FINDINGS FOR DENIAL -USE PERMIT NO 93 33: 1. The establishment, maintenance and operation of the proposed six (6) foot high wood fence will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed fence would encroach into the required site angle visibility area. Further, there are no fences in the area that encroach into the front setback that are over 42" in height. b. Property and improvements in the vicinity of such use or building. The proposed fence is not compatible with the surrounding neighborhood. 2.' The granting of Use Permit No. 93-33 will not adversely affect the General Plan of the City of Huntington Beach. The proposed wood fence is not consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. ITEM 6: CONDITIONAL EXCEPTION NO 93-2 (REVISED) Applicant: Douglas W. Lanphere 8851 Derek Circle Huntington Beach, CA 92647 Request: To amend a previously approved site plan with the construction of a 327 square foot accessory structure with a zero rear yard setback in lieu of five (5) feet pursuant to Section 9110.8 of the Huntington Beach Ordinance Code. Location: 8851 Derek Circle Wayne Carvalho, Staff Planner, reported that the request was to amend a previously approved variance. Staff said that the request would maintain the open space and setback requirements previously approved. Staff concluded by recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Mr. Lanphere, the applicant, was present and submitted a letter from the adjacent neighbor (Mr. Bill O'Connor, 8841 Derek) supporting the request. There were no other persons present to speak for or against the request and the public hearing was closed. ZA Minutes - 6/23/93 -8- (7089d) CONDITIONAL EXCEPTION NO. 93-2 (REVISED) 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 93-2 (REVISED): 1. The granting of Conditional Exception No. 93-2 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. With the unique shape of the lot, and the location of the adjacent structures at a zero property line, the granting of the structure is not a special privilege. Furthermore, the property will conform with the minimum open space and open space dimension requirements specified in the Huntington Beach Ordinance Code. 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 lot is pie -shaped and located at the end of a cul-de-sac. The structure is located adjacent to a concrete block commercial building located on a zero property line. 3. The granting of Conditional Exception No. 93-2 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 93-2 will allow for the use of the structure as a study or for storage of personal goods. 4. The granting of Conditional Exception No. 93-2 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. With the conditions imposed, the approved location of the accessory structure will not impact the adjacent residences or surrounding properties. 5. The granting of Conditional Exception No. 93-2 will not adversely affect the General Plan of the City of Huntington Beach. The accessory structure is consistent with the Low Density Residential Land Use Designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The revised site plan, floor plans, and elevations received and dated May 17, 1993 shall be the conceptually approved layout. C ZA Minutes - 6/23/93 -9- (7089d) 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. Demolition permits shall be obtained within thirty (30) days from the date of approval. The existing building shall be removed within sixty (60) days from the date of approval. 5. No home occupation/business shall be operated out of the accessory structure in any manner. 6. Maximum separation between building wall and property line shall not exceed two inches (2"). 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. The approved structure shall be architecturally compatible with existing structures. 9. The accessory structure shall not be used for dwelling purposes. 10. Interior plumbing shall be prohibited in the accessory building. 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. 93-2. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public works fees shall be paid prior to issuance of building permits. 4. The Zoning Administrator reserves the right to revoke Conditional Exception No. 93-2 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes - 6/23/93 -10- (7089d) r1 J THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 30, 1993 AT 2:15 PM. Mike Strange Zoning Administrator :jr ZA Minutes - 6/23/93 -11- (7089d)