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HomeMy WebLinkAbout1994-02-02MINUTES HUNTIN TON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 2,1994 -1.30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of the January 26, 1994 Zoning Administrator Meeting were approved. ITEM 1 • CONDITIONAL EXCEPTION NO.93-46 (CONTINUED FROM IANUARY 26,1994, ZONING ADMINISTRATOR MEETING) Applicant: Tom Zanic Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Request: To permit an 18 foot front entry garage setback (minimum 22 feet required) for lot 2 of Tentative Tract Map No. 14318 (Island AB) pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. This item has been continued from the January 26, 1994 Zoning Administrator meeting to permit analysis of a staff alternative for a 20 foot minimum garage setback which results in a reduction of the minimum open space dimension (23 feet in lieu of 25 feet required). Location: Approximately 200 feet northwest of the intersection of Main Street and 14th Street. Jane Madera, Staff Planner that the applicant was requesting an 18 foot front entry garage setback for lot 2 of Tentative Tract Map No. 14318. She stated that the project is part of an infill project and required the building pad height to be raised for proper drainage to the street. The neighboring property owners requested that the new homes be sited as far away as possible from their homes to protect their privacy. Staff recommended a 20 foot minimum front setback for the front entry garage and a 12 foot minimum rear setback, with the condition that any future additions be limited to a single story only with no deck or balcony above the addition. Staff stated that the recommended 20 foot minimum garage setback resulted in a reduced rear yard open space dimension. However, the site exceeds the amount of minimum open space. Staff recommended these conditions in order to maintain the applicant's goal of setting the new homes at a maximum distance from the existing adjacent homes. Staff also suggested that these individual conditions be recorded on the properties so all future homeowners are aware of the restrictions on the property. THE PUBLIC HEARING WAS OPENED. The applicant's representative, Richard Loyd, was present and reiterated that the application was submitted to respond to the concerns of the existing property owners in the area. He concurred with Staff s recommendation. There were no other persons present to speak for or against this request. CONDITIONAL EXCEPTION NO.93-46 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO.93-46: 1. The granting of Conditional Exception No. 93-46 for a 20 foot front entry garage setback (minimum 22 feet required) and a 23 foot open space dimension (minimum 25 feet required) will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The twenty (20) foot minimum garage setback will be consistent with the new code requirements proposed under the Division 9 rewrite and the setback will blend in with other existing homes in the area with a 22 foot setback. Minimum open space dimensions will be eliminated in the code rewrite, therefore, the 23 foot open space dimension will not be inconsistent with the new 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 site is part of an infill project and the building pads must be raised several feet above the surrounding ground elevations for proper site drainage to the adjacent street. Because the applicant is proposing a two-story house, the structure in combination with the raised lot has the potential to impose upon the privacy of the existing surrounding homeowner's property. Granting of the ZA Minutes - 2/2/94 -2- variance for a reduced driveway setback allows a substantial separation between the existing structures and the new proposed homes. 3. The granting of Conditional Exception No. 93-46 is necessary in order to preserve the enjoyment of one or more substantial property rights. The reduced front entry garage setback (20 feet minimum) and 23 feet open space dimension allows the property to be developed as a single family structure while still protecting the privacy rights of the surrounding single story residences. 4. The granting of Conditional Exception No. 93-46 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The 20 foot minimum garage setback will still permit parking of vehicles in the driveway without the potential for overhang into the public right- of-way. 5. The granting of Conditional Exception No. 93-46 will not adversely affect the General Plan of the City of Huntington Beach. a. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 93-46 is sought and he will proceed to do so without unnecessary delay. b. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. c. The combination and relationship of one proposed use to another on site are properly integrated. d. The access to and parking for the proposed use does not create an undue traffic problem. With the conditions of approval imposed, a minimum 20 foot driveway will be maintained so that vehicles may park on the driveway without overhanging into the public right-of-way. e. Granting of a reduction in open space minimum dimension will not reduce the required total open space area (1,200 square feet). The subject property will provide at least 1,841 square feet of open space. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated January 26, 1994 shall be the conceptually approved layout with the following modifications: ZA Minutes - 2/2/94 -3- a. The site plan shall be revised to depict a minimum twenty (20) foot front entry garage setback. b. The site plan shall depict a minimum twelve (12) foot rear setback line across the back yard. 2. A revised site plan shall be submitted depicting the modifications described above. 3. The three (3) car garage for the single family dwelling on Lot 2 shall be permanently equipped with an automatic electric opener and roll -up type paneled door as opposed to the solid swing type garage door. 4. All future room additions or enclosed patio rooms to the two-story single family dwelling shall be limited to single story structures with no deck or balcony above, and a minimum twelve (12) foot rear yard setback. Any accessory structures, such as gazebos, storage sheds, etc., and open unenclosed patio covers with no deck or balcony above, shall be subject to normal code requirements regarding setbacks and open space in accordance with code regulations in effect at the time of submittal for building permits. 5. All conditions of approval regarding Conditional Exception (Variance) No. 93-46 shall be recorded by covenant or similar legal mechanism on Lot 2 of Tract 14318 at the Orange County Recorder's Office. A copy of the recorded document shall be submitted to the Department of Community Development prior to issuance of building permits for construction. 6. The Zoning Administrator shall be notified in writing if any changes in setbacks 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. 7. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 8. All previous conditions of approval imposed under Tract 14318 shall remain in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes - 2/2/94 -4- 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. 93-46 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 2• CONDITIONAL EXCEPTION NO 93-47 (CONTINUED FROM JANUARY 26,1994, ZONING ADMINISTRATOR MEETING) Applicant: Tom Zanic Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Request: To permit an 18 foot front entry garage setback (minimum 22 feet required) for lot 7 of Tentative Tract Map No. 14044 (Island E) pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. This item has been continued from the January 26, 1994 Zoning Administrator meeting to permit analysis of a staff alternative for a 20 foot minimum garage setback which results in a reduction of the minimum open space dimension (23 feet in lieu of 25 feet required). Location: Approximately 300 feet northwest of Goldenwest Street and Yorktown Avenue. Jane Madera, Staff Planner reported that the applicant was requesting an 18 foot entry garage setback for lot 7 of Tentative Tract Map No. 14044. She stated that the project is part of an infill project and required the building pad height to be raised for proper drainage to the street. The neighboring property owners requested that the new homes be sited as far away as possible from their homes to protect their privacy. Staff recommended a 20 foot minimum front setback for the front entry garage and a 12 foot minimum rear setback, with the condition that any future additions be limited to a single story only with no deck or balcony above the addition. Staff stated that the recommended 20 foot minimum garage setback resulted in a reduced rear yard open space dimension. However, the site exceeds the amount of minimum open space. Staff recommended these conditions in order to maintain the applicant's goal of setting the new homes at a maximum distance from the existing adjacent homes. Staff also suggested that these individual conditions be recorded on the properties so all future homeowners are aware of the restrictions on the property. ZA Minutes - 2/2/94 -5- THE PUBLIC HEARING WAS OPENED. The applicant's representative, Richard Loyd, was present and reiterated that the application was submitted to respond to the concerns of the existing property owners in the area. He concurred with Staff s recommendation. THE PUBLIC HEARING WAS CLOSED. There were no other persons present to speak for or against this request. CONDITIONAL EXCEPTION NO.93-47 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. 1. The granting of Conditional Exception No. 93-47 for a 20 foot front entry garage setback (minimum 22 feet required) and a 23 foot open space dimension (minimum 25 feet required) will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The twenty (20) foot minimum garage setback will be consistent with the new code requirements proposed under the Division 9 rewrite and the setback will blend in with other existing homes in the area with a 22 foot setback. Minimum open space dimensions will be eliminated in the code rewrite, therefore, the 23 foot open space dimension will not be inconsistent with the new 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 site is part of an infill project and the building pads must be raised several feet above the surrounding ground elevations for proper site drainage to the adjacent street. Because the applicant is proposing a two-story house, the structure in combination with the raised lot has the potential to impose upon the privacy of the existing surrounding homeowner's property. Granting of the variance for a reduced driveway setback allows a substantial separation between the existing structures and the new proposed homes. 3. The granting of Conditional Exception No. 93-47 is necessary in order to preserve the enjoyment of one or more substantial property rights. The reduced front entry garage setback (20 feet minimum) and a 23 foot open space dimension allows the ZA Minutes - 2/2/94 -6- property to be developed as a single family structure while still protecting the privacy rights of the surrounding single story residences. 4. The granting of Conditional Exception No. 93-47 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The 20 foot minimum garage setback will still permit parking of vehicles in the driveway without the potential for overhang into the public right- of-way. 5. The granting of Conditional Exception No. 93-47 will not adversely affect the General Plan of the City of Huntington Beach. a. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 93-47 is sought and he will proceed to do so without unnecessary delay. b. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. c. The combination and relationship of one proposed use to another on site are properly integrated. d. The access to and parking for the proposed use does not create an undue traffic problem. With the conditions of approval imposed, a minimum 20 foot driveway will be maintained so that vehicles may park on the driveway without overhanging into the public right-of-way. e. Granting of a reduction in open space minimum dimension will not reduce the required total open space area (1,200 square feet). The subject property will provide at least 1,529 square feet of open space. 1. The site plan received and dated January 26, 1994 shall be the conceptually approved layout with the following modifications: a. The site plan shall be revised to depict a minimum twenty (20) foot front entry garage setback. b. The site plan shall depict a minimum twelve (12) foot rear setback line across the back yard. ZA Minutes - 2/2/94 -7- 2. A revised site plan shall be submitted depicting the modifications described above. 3. The three (3) car garage for the single family dwelling on Lot 7 shall be permanently equipped with an automatic electric opener and roll -up type paneled door as opposed to the solid swing type garage door. 4. All future room additions or enclosed patio rooms to the two-story single family dwelling shall be limited to single story structures with no deck or balcony above, and a minimum twelve (12) foot rear yard setback. Any accessory structures, such as gazebos, storage sheds, etc., and open unenclosed patio covers with no deck or balcony above, shall be subject to normal code requirements regarding setbacks and open space in accordance with code regulations in effect at the time of submittal for building permits. 5. All conditions of approval regarding Conditional Exception (Variance) No. 93-47 shall be recorded by covenant or similar legal mechanism on Lot 7 of Tract 14044 at the Orange County Recorder's Office. A copy of the recorded document shall be submitted to the Department of Community Development prior to issuance of building permits for construction. 6. The Zoning Administrator shall be notified in writing if any changes in setbacks 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. 7. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 8. All previous conditions of approval imposed under Tract 14044 shall remain in effect. 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. ZA Minutes - 2/2/94 -8- 3. The Zoning Administrator reserves the right to revoke Conditional Exception No. 93-47 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 3• USE PERMIT NO 94-3 (TEMPORARY OUTDOOR EVENT) Applicant: Sergio Avila 8082 Adams Ave. Huntington Beach, CA 92648 Request: To permit a large inflatable balloon on the roof of Avila's El Ranchito Restaurant from February 15-21; May 1-7; and June 14- 20, 1994 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 8082 Adams Avenue Jane Madera, Staff Planner reported that the applicant was requesting a large inflatible balloon on top of Avila's El Ranchito Restaurant for a temporary outdoor event for a period of twenty-one (21) days. The balloon will be 18 feet in height. This request is to have a grand opening balloon from Tuesday, February 15, 1994 to Monday, February 21, 1994. Applicant will change logo on balloon from Sunday, May 1, 1994 to Saturday, May 7, 1994, and from Tuesday, June 14, 1994 to Monday, June 20, 1994. The Police Department has requested that no alcohol advertising be placed on balloon. Staff recommended approval with the above condition. THE PUBLIC HEARING WAS OPENED. The applicant or no other person was present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.94-3 (TEMPORARY OUTDOOR EVENT) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL: 1. Use Permit No. 94-3 for 3 separate 7 day temporary outdoor events at Avila's El Ranchito Restaurant will not be detrimental to: ZA Minutes - 2/2/94 -9- a. The general welfare of persons residing or working in the vicinity. The large inflatable balloon will not create any undue traffic or pedestrian visibility hazard and will not project over the public right-of-way. b. Property and improvements in the vicinity of such use of building. The event is temporary in nature and the existing improvements in the area and will not be altered as a result of this action. 2. The granting of Use Permit No. 94-3 will not adversely affect the General Plan Land Use designation of General Commercial of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated January 20, 1994 shall be the conceptually approved layout. 2. The balloon may be flown only from Tuesday, February 15 to Monday, February 21, 1994; from Sunday May 1 to Saturday, May 7, 1994; and Tuesday, June 14 to Monday June 20, 1994. 3. The balloon shall be firmly secured to the building and may not project over any property line or over the public right-of-way. 4. No alcohol advertising shall be permitted on the balloon. 5. No pricing information shall be permitted on the balloon. INFORMATION ON 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. 94-3 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 - 2/2/94 -10- ITEM 4: COASTAL DEVELOPMENT PERMIT NO, 92-31/CONDITIONAL EXCEPTION NO, 92-42 (ONE YEAR EXTENSION OF TIME) Applicant: Justin Kramer 3972 Humboldt Drive Huntington Beach, CA 92649-2159 Request: To permit a one year extension of time for a 3,700 square foot, two-story addition to an existing single story residence. The request includes a variance to exceed maximum site coverage (56% in lieu of maximum 55%). Location: 3972 Humboldt Jane Madera, Staff Planner reported that the applicant was requesting a one year extension of time for a 3,700 square foot two-story addition to an existing single story residence, previously approved by the Zoning Administrator, because of difficulty obtaining financing for the project. Staff recommended approval of the one year extension of time with all the previous conditions of approval to remain in effect. The applicant, Justin Kramer was present and concurred with staff s recommendation. COASTAL DEVELOPMENT PERMIT NO.92-31/CONDITIONAL EXCEPTION NO.92-42 (ONE YEAR EXTENSION OF TIME) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 92-31/ CONDITIONAL EXCEPTION NO.92-42 (ONE YEAR EXTENSION OF TIMEI: 1. All previous conditions of approval imposed by the Zoning Administrator for Coastal Development Permit No. 92-3 1 /Conditional Exception (Variance) 92-42 shall remain in effect. 2. Coastal Development Permit No. 92-3 1 /Conditional Exception (Variance) 92-42 shall expire on February 14, 1995 unless an extension of time is granted by the Zoning Administrator. A request for an extension shall be received by the Community Development Department at least 30 days prior to the expiration. ZA Minutes - 2/2/94 -11- ITEM 5: USE PERMIT NO.93-93 Applicant: Ivan and George Bodnar 5581 Reno Circle #2 Huntington Beach, CA 92649 Request: To permit the establishment of a retail vehicle sales lot with designation of one parking space to meet California Department of Motor Vehicles requirements for vehicle display parking pursuant to Section 9220.1(c)A of the Huntington Beach Ordinance Code. Location: 17171 Beach Blvd., #H Jane Madera, Staff Planner reported that the applicant was requesting the establishment of a retail vehicle sales lot within an existing retail shopping center, with designation of one parking space to meet California Department of Motor Vehicles requirements. There will be no display of vehicles outside or inside the building other than in the one designated parking stall. Staff stated that the request is primarily for a brokerage office for the import and export of vehicles. Staff recommended approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. The applicant, George Bodnar, was present and concurred with staff s recommendation. No other person was present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.93-93 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 93-93: Use Permit No. 93-93 for the establishment, maintenance and operation of the retail vehicle sales lot with one parking space designated for display vehicles, will not be detrimental to: ZA Minutes - 2/2/94 -12- a. The general welfare of persons:residing or working in the vicinity. The retail vehicle sales business will be compatible with other adjacent retail business in the center as only one parking space will be designated as vehicle display. b. Property and improvements in the vicinity of such use or building. The establishment of the vehicle sales lot and office in the existing retail center will not alter the existing properties and improvements in the area. 2. The granting of Use Permit No. 93-93 will not adversely affect the General Plan of the City of Huntington Beach. The retail vehicle sales lot with one parking space designated for display vehicles, is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated November 29, 1993 shall be the conceptually approved layout. 2. Only one vehicle parking space may be designated for outdoor display. No more than one sale vehicle may be on -site at any time and must be located in the space designated on the approved plan. 3. If any vehicles are displayed inside the building, the applicant/property owner must obtain all necessary permits from both the Southern California Air Quality Management District and the City of Huntington Beach Building Department. 4. The Zoning Administrator shall be notified in writing if any changes in parking, vehicle display or floor area 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. All future exterior alterations or intensification of use will be subject to implementation of reciprocal driveway agreements and landscape, parking and signage improvements in compliance with code requirements in place at the time of plan submittal. 6. There shall be no auto service or auto repair permitted on the site at any time. 7. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. ZA Minutes - 2/2/94 -13- 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. 93-93 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 9,1994 AT 1:30 PM. t Mikek ge -� Zoning Administrator :lp I ZA Minutes - 2/2/94 -14-