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HomeMy WebLinkAbout1993-07-21MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 21, 1993 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS: Wayne Carvalho, Jane Madera MINUTES: The Minutes of July 14, 1993 Zoning Administrator Meetings were approved. ITEM 1• LOT LINE ADJUSTMENT NO. 93-2 Applicant: Southwest Diversified 19200 Von Karman, Suite 400 Irvine, CA 92715 Request: Adjust rear lot line eight (8) feet. Location: 6642 Trotter Lane Wayne Carvalho, Staff Planner, reported that the applicant was requesting a rear lot line line adjustment of eight feet on the north property line to allow an existing resident access to the equestrian trail. Staff concluded by recommending approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Bruce Herrigan, 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. LOT LINE ADJUSTMENT NO. 93-2 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 lot line adjustment will not create a nonconforming parcel. 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. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Lot Line Adjustment received by the Department of Community Development on July 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. 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 prior to the issuance of a certificate of compliance for the structure and/or structures -upon subject properties. A copy of the recorded document shall be submitted to the Department of Community Development for the file. 5. The City must receive a copy of the revised deed of trust reflecting Lot Line Adjustment. ZA Minutes - 7/21/93 -2- (7299d) ITEM 2• USE PERMIT NO 93-54 (TEMPORARY OUTDOOR EVENT) Applicant: Sandra Lamperts/Terranomics 18593 Main Street Huntington Beach, CA 92648 Request: To permit a temporary outdoor event for several sidewalk sales at Loehman's Five Points Center pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. The events are proposed for July 29th - 31st; August 26th - 28th; September 9th - llth; October 7th - 9th; November llth - 13th; December 9th - llth; and December 16th - 18th 1993. Location: 18501 - 18691 Main Street Jane Madera, Staff Planner, reported that the request was for several three day sidewalk sales to promote retail sales which add up to twenty-one days. Staff recommended approval with findings and the standard conditions of approval. THE PUBLIC HEARING WAS OPENED. Sandra Lamperts, applicant, was present and concurred with the staff report. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-54 (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. Handicapped access and fire lane clearance will be maintained throughout the site for the duration of the event. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 93-54 will not adversely affect the General Plan Land Use Designation of General Commercial which allows temporary retail sales events of this nature. ZA Minutes - 7/21/93 -3- (7299d) SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated July 1, 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. A minimum variance of 48 inches shall be maintained between the sales racks or displays and the edge of sidewalk for handicapped access. 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. 7. A minimum of two (2) exits shall be provided and maintained. 8. Stand by personnel shall be on site to safeguard premises. 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. 93-54 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. J ZA Minutes - 7/21/93 -4- (7299d) ITEM 3• USE PERMIT NO, 93-47 Applicant: Abdul Memon 410 Main Street Huntington Beach, CA 92648 Request: To permit a temporary outdoor event for two (2) days (August 21, 22, 1993) to include live entertainment in the Electric Chair parking lot between the hours of 12:00 - 5:00 p.m. pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 410 Main Street Wayne Carvalho, Staff Planner, reported that the request was to permit a temporary outdoor event in the parking lot on the corner of Main and Orange. Staff said the event would be held in conjunction with the Pierfest celebration. Staff concluded by recommending approval with findings and the same conditions of approval established at a previous outdoor event held at the location. There were no persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-47 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 in conjunction with the Downtown Street festival will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The two day event will not impact the surrounding properties. With the conditions imposed, the proposed entertainment will comply with the applicable City codes. b. Property and improvements in the vicinity of such use or building. The event is a temporary use. 2. The granting of Use Permit No. 93-47 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the Downtown Specific Plan and Mixed Use Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 12, 1993 shall be the conceptually approved layout. ZA Minutes - 7/21/93 -5- (7299d) 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. The applicant's request shall include necessary permits for temporary signs. 4. The Police Department shall have the authority to cease the entertainment if it is determined that the event is a nuisance to the surrounding properties or adversely impacting vehicular traffic. 5. 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. 93-47 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: CONDITIONAL EXCEPTION (VARIANCE) NO. 93-28 Applicant: Irene and Marco Perez 7591 Ontario Drive Huntington Beach, CA 92648 Request: To permit the construction of a 1,376 square foot addition to an existing single story single family residence with 713 square feet of open space in lieu of the required 900 square feet of open space pursuant to Section 9110.9(b) of the Huntington Beach Ordinance Code. Location: 7591 Ontario Drive 1 ZA Minutes - 7/21/93 -6- (7299d) r- Jane Madera, Staff Planner, reported that the request was to permit a 1,376 square foot addition with 713 square feet of open space in lieu of the the required 900 square feet. The addition also included a change from side entry to front entry garage. Staff advised that four letters were received in support of the request. Staff concluded by recommending denial because the lot is 65 feet by 100 feet and there is no land related hardship. THE PUBLIC HEARING WAS OPENED. Mrs. Perez, applicant, was present and advised that she and her husband owned the property for twenty-three years and needed the extra room for her grandchildren. Mr. Perez, applicant, was present and said that other homes in the neighborhood had similar additions which did not meet the open space requirement. Dale Fike, whose property is directly behind the subject property, was present and supported the request. He stated that if the land on each side of the property were counted into the required open space percentage, the request would exceed the code requirements. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION (VARIANCE) NO. 93-28 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. 93-28: 1. The granting of Conditional Exception No. 93-28 for a reduction in open space will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification because the home will be maintained as a single family dwelling. 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 existing single family dwelling was constructed with exceptionally large side yard setbacks which result in a much narrower structure than the surrounding properties. The existing large sideyard setbacks function as usable open space but do not meet the minimum dimensions required by the Huntignton Beach Ordinance Code. ZA Minutes - 7/21/93 -7- (7299d) 3. The granting of Conditional Exception No. 93-28 is necessary in order to preserve the enjoyment of one or more substantial property rights. The property owners will be able to add on to their existing home while still maintaining usable open space. 4. The granting of Conditional Exception No. 93-28 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The reduction in open space will not negatively effect surrounding residential properties. 5. The granting of Conditional Exception No. 93-28 will not adversely affect the General Plan of the City of Huntington Beach which permits additions to single family homes. Granting of reduction in open space minimum dimension and minimum open space area will not reduce the required total open space area (900 Square Feet). SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 24, 1993 shall be the conceptually approved layout with the following modifications: a. Revise plans to depict existing side entry driveway with new front entry driveway proposed. 2. A revised site plan shall be submitted depicting the modifications described above. 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. Applicant must obtain Public Works approval of the new driveway cut. 6. Special architectural treatment shall be provided on all building walls. Such treatment is subject to approval by the Department of Community Development. ZA Minutes - 7/21/93 -8- (7299d) 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. 93-28 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 5• USE PERMIT NO 93-36/CONDITIONAL EXCEPTION NO, 92-22 Applicant: Martin Jaconi 200 Main Street, #206 Huntington Beach, CA 92648 Request: To permit the establishment of outdoor dining on two (2) proposed patios (total 225 square feet). The request includes a three (3) space parking variance pursuant to Section 9602.2 of the Huntington Beach Ordinance Code. Location: 200 Main Street, Suite 101A Wayne Carvalho, Staff Planner, reported that the request was to permit outdoor dining and included a variance for parking spaces. Staff advised that the request had been heard by the Design Review Board and the applicant had revised the request in accord with their recommendation. Staff concluded by recommending denial as no findings could be made to support the parking variance. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, representing the owner of the property, urged the Zoning Administrator to approve the request. He said that the parking structure was never full and that the shortage of parking spaces is on paper only and does not exist in reality. He requested that temporary approval be granted until such time as the parking in -lieu fees were adopted. He concluded by saying that other restaurants have patio dining on City property and do not have permits. Martin Jaconi, applicant, advised that if the tenant was allowed to construct outdoor dining along with other tenant improvements, the cost would be minimal. ZA Minutes - 7/21/93 -9- (7299d) There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-36/CONDITIONAL EXCEPTION NO. 92-22 WAS DENIED WITHOUT PREJUDICE 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 -USE PERMIT NO 93-36: 1. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons residing or working in the vicinity and property and improvements in the vicinity of such use or building. The proposed patio area will require additional parking spaces pursuant to Huntington Beach Ordinance Code standards. Due to the lack of spaces, the intensification may impact surrounding properties and property values. 2. The granting of Use Permit No. 93-36 will adversely affect the General Plan of the City of Huntington Beach. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION (VARIANCE) NO 93 22: 1. Since the subject property was fully developed with the necessary parking, such a conditional exception for a 225 square foot restaurant expansion is not necessary for the preservation and enjoyment of substantial property rights. 2. Granting of Conditional Exception (Variance) No. 93-22 for a two (2) space parking variance would constitute a special privilege inconsistent with limitations upon properties in the vicinity. The subject property was developed in a manner consistent with applicable zoning laws. 5. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 28, 1993 AT 1:30 PM. " I �_ r Mike Strange Zoning Administrator :jr 1 ZA Minutes - 7/21/93 -10- (7299d)