HomeMy WebLinkAbout1994-03-16MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMIMSTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, MARCH 16,1994 -1:30 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER: Jane Madera
MINUTES: The Minutes of the March 9, 1994,
Zoning Administrator Meetings were continued.
ITEM 1: USE PERMIT NO, 94-14
Applicant: Saints Simon and Jude Catholic Church
Patricia Kramer
20444 Magnolia Street
Huntington Beach, CA 92646
Property Owner: Roman Catholic Bishop of Orange
20444 Magnolia Street
Huntington Beach, CA 92646
Request: To permit the installation of a 100' X 100' canopy for Easter Services on
April 3, 1994 within the open field area. The canopy will be used to
accommodate the overflow crowd from the church.
Location: 20444 Magnolia Street
Jane Madera, Staff Planner reported that this application was a request to permit a temporary
outdoor event on April 3, 1994, to have an extra canopy tent in the field area for overflow crowds
during Easter services. The time of this event is 6:00 a.m. to 6:00 p.m. Last year the same
request was approved with an amended condition for the placement of the tent closer to the
majority of the church property rather than have it face it toward the residential area. Staff
recommended approval of this project with the same conditions imposed as last year.
The applicant Moon Mullins was present and stated that the size of the tent was 100' X 100' He
concurred with staff s recommendation.
There were no other persons present to speak for or against this request.
USE PERMIT NO.94-14 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. The temporary outdoor event for Easter Services will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The event will not
impact on -site circulation. Furthermore, with the conditions imposed, the event will
not impact the surrounding residents.
b. Property and improvements in the vicinity of such use of building. The event is a
temporary use.
2. The granting of Use Permit No. 94-14 will not adversely affect the General Plan of the
City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan received and dated February 11, 1994 shall be the conceptually approved
layout.
a. The canopy shall be moved south to avoid any impact to the surrounding residential uses.
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 detailed site plan shall be submitted to the Huntington Beach Fire Department for
approval (show location of platform, seating, etc.)
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 proposed tent shall be of fire retardant material. Proof of Certification shall be
submitted to the Fire Department for approval prior to the tents installation on the site.
6. The proposed tent shall be secured against collapsing to the satisfaction of the Fire
Department.
7. "No Smoking" signs shall be posted in conspicuous locations.
ZA Minutes 3/16/94 2
8. Fire extinguishers shall be provided in number and locations specified by the Fire
Department.
9. Speakers shall be directed away from the surrounding residences.
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. 94-14 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 2: ADMINISTRATIVE REVIEW NO.94-1
Applicant: Steve Tustison
17222 Gothard Street, #E
Huntington Beach, CA 92647
Property Owner: Capellino and Associates
1815 W. 213th Street, #225
Torrance, CA 90501
Request: To permit the establishment of an automobile repair use pursuant to
Sections 9530.01(a)A and 9730.58 of the Huntington Beach Ordinance
Code.
Location: 7522 Slater Avenue, Units 100 and 101
Jane Madera, Staff Planner reported that this is a request to establish an automotive repair shop
that specializes in the repair of mufflers. The zoning on this property is M-1 Light Industrial
which allows minor or major automotive repair. The issue in this case is parking which is
calculated at 1/200 square feet of building area. The property owner has submitted a
chart/legend which includes all suite occupants and calculations for parking. There are 81
ZA Minutes 3/16/94 3
parking stalls at this time and the legend effectively limits the use of several of the suites to
storage in order to make the parking for the muffler shop meet the minimum parking
requirements. In order to make sure the uses are compatible with the parking spaces required,
staff recommended approval with a covenant on the property that the spaces identified as storage,
warehouse, office or manufacturing will remain as identified in the submitted chart. A further
condition is that the manager represents a tenant list to the City once a year for review. This
condition would remain in effect as long as the muffler shop is in existence. Staff recommended
approval with findings and conditions.
The applicant, Steve Tustison was present and concurred with staff s recommendation.
No other persons were present to speak for or against this request.
ADMINISTRATIVE REVIEW NO.94-1 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) WORKING DAYS.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan and floor plans received and dated January 28, 1994 shall be the
conceptually approved layout.
2. The tenant parking, square footage, and use matrix received and dated March 2, 1994
shall be the conceptually approved allocation list. The property manager shall be
responsible for an update to this list (submitted to the Community Development
Department) each time a new Certificate of Occupancy request for the center is made for
as long as the automotive repair business remains on site.
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. Fire Department Requirements:
a. NOTE ON PLANS - Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
ZA Minutes 3/16/94 4
b. NOTE ON PLANS - Address numbers will be installed to comply with City
Specification #428. The size of the numbers will be as follows:
• The numbers for the building will be sized a minimum of 10 inches with a brush
stroke of 1 1/2 inches.
6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
7. All repair work shall be conducted wholly within the building.
INFORMATION ON SPECIFIC CODE REQUIREMENTS
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 applicant shall obtain the necessary permits from the South Coast Air Quality
Management District.
4. The Zoning Administrator reserves the right to revoke Administrative Review No. 94-1 if
any violation of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 3: USE PERMIT NO.94-7
Applicant: Frank Salem
19501 Beach Boulevard
Huntington Beach, CA 92648
Property Owner: Marco Velastegui
P. O. Box 5293
Huntington Beach, CA 92615
Request: To permit the installation of a modular storage bin at an existing
gas/service station pursuant to Section 9730.30 of the Huntington Beach
Ordinance Code.
Location: 19501 Beach Boulevard
Jane Madera, Staff Planner reported that this application is a request to permit the installation of
a storage unit at the rear of an existing gas station located on the corner of Beach Blvd. and
Yorktown Avenue. This 8' X 35' storage unit is currently placed at the rear of the building and is
used for storage for items for the car service they provide such as canned oil, canned soda, etc.
ZA Minutes 3/16/94 5
Staff analyzed this request as an expansion of the gas station use. The property currently has
dedicated 10 feet off of Yorktown for the widening of Yorktown, however, the improvements
have not been made as of yet. Public Works has the widening of Yorktown on the schedule in
the near future, although any expansions of the gas station would require that the property owner
make the improvements himself. In this case, the owner is requesting a temporary approval of
the storage unit until the City widens Yorktown. Staff recommended approval on a temporary
basis, with the option to come back in at the end of the first year and ask for an extension through
another public hearing at the Zoning Administrator level. Additional suggested conditions are
that the storage unit be painted the exact color of the building to make it more compatible with
the building; that the storage unit be removed when the improvements to Yorktown are
completed; and that the property owner submit a bond 1 1/2 times the cost of the installation to
guarantee removal at the end of the expiration of the project, and that no other outside storage be
permitted.
THE PUBLIC HEARING WAS OPENED
Connie Mandic, the applicant's representative, was present and stated that the applicant wanted to
use this storage unit for the shortest time possible. She also stated one of the conditions placed
upon this property was that the owner remove one of the driveways when Yorktown is widened.
She also stated the owner would remove the storage unit and the driveway during the Yorktown
widening.
Mike Strange, Zoning Administrator, asked if a one year approval would be enough time for
completion of the Yorktown widening project and subsequent removal of the storage unit. He
also requested the staff to consider a two year period of time for approval of the storage unit.
Jane Madera, staff planner, concurred with the Zoning Administrator's inquiry regarding a two
year approval period.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO.94-7 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 N0.94-7:
Use Permit No. 94-7 for the establishment, maintenance and operation of the 280 square
foot modular storage bin will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The storage
unit is located a substantial distance away from any residential properties and a 20
foot driveway will be maintained around the unit.
ZA Minutes 3/16/94 6
b. Property and improvements in the vicinity of such use or building. There will be
no storage of hazardous materials in the unit and the approval is limited to a two
(2) year period.
2. The granting of Use Permit No. 94-7 will not adversely affect the General Plan of the
City of Huntington Beach. The 280 square foot modular storage bin is consistent with
the goals and objectives of the General Commercial Land Use designation of the General
Plan.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated January 28, 1994 shall be the
conceptually approved layout.
2. The storage unit shall be painted in a color identical to the existing building.
3. The applicant shall submit a bond one and one-half (1 1/2) times the amount of the cost
of the storage bin and the installation cost. The applicant shall submit receipts to verify
the unit and installation costs.
4. This use permit approval for the temporary storage unit shall be valid for a maximum two
(2) year period or when improvements for the widening of Yorktown Avenue adjacent to
this project are made, whichever comes first. At the end of two (2) years, the applicant
may apply for an extension of time with a new use permit and subsequent public hearing.
Regardless, the storage unit shall be removed with ninety (90) days of completion of
Yorktown Avenue Street improvements.
5. 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.
6. Conditions of approval shall be printed verbatim on the cover sheet of all working
drawing sets submitted for plancheck.
7. The Storage unit shall not block any required exits or ventilation as required by the
Uniform Building Code.
8. Fire Department Requirements:
a. The applicant shall submit a detailed list of materials that will be stored in the unit
to the Fire Department.
b. The storage shall comply with provisions of Huntington Beach Fire Code,
including Article 80 of said code, regarding hazardous materials.
ZA Minutes 3/16/94 7
c. Fire extinguishers will be installed and located in areas to comply with
Huntington Beach Fire Code standards.
9. There shall be no other outside storage of vehicles, vehicle parts, equipment or trailers
permitted on the premises.
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 applicant shall obtain any necessary permits from the South Coast Air Quality
Management District.
4. The Zoning Administrator reserves the right to revoke Use Permit No. 94-7 if any
violation of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 4: USE PERMIT NO, 94-8
Applicant: The Windjammer Apartments
7701 Warner Avenue
Huntington Beach, CA 92647
Property Owner: The Windjammer Apartments
1641 Langley Avenue
Irvine, CA 92714
Request: To permit the installation and operation of sliding electronic security gates
pursuant to Section 9604.2 of the Huntington Beach Ordinance Code.
Location: 7701 Warner Avenue
Jane Madera, Staff Planner reported that this is a request to add security control devices at an
existing apartment complex. This request is to install gates and a security phone system. The
applicant's request is to make an entrance only going west and the other gate as an exit only.
Staff recommended that the two gates both exit and entrance to provide for two-way circulation.
This would facilitate circulation throughout the site and be more convenient for the tenants. The
Fire Department recommended approval with Knox boxes so they can have emergency entrance
to the site and also recommended two way circulation throughout the site for their own
equipment in emergency situations. Fire Department also recommended that the gate be
expanded to a minimum 24' wide on the opening portion. Staff recommended approval with a
dual entrance and exit at each location of gate entrance.
ZA Minutes 3/16/94 8
THE PUBLIC HEARING WAS OPENED
Mike Strange questioned how the guests who drive onto the site would get out of the complex
since they would no be provided with a card to activate the security gate.
Nancy Arnold, representing the applicant, stated that the parking situation has been an on -going
problem for a long period of time. She stated that the tenants came home one day and found that
the parking on Warner was red curbed. The tenants were utilizing this parking on the street. She
stated that the only people who would be coming behind the security gates would be tenants and
that there was guest parking outside the gates. She stated that the tenants would have to come
down to the gate with their card to let their guests out. She also stated that the major intent was
to keep the tenants and their property safe from outsiders.
Mike Strange, Zoning Administrator questioned why the applicant wanted only clockwise
circulation throughout the site and not access in both directions.
Andy Hennessey, representing the applicant, stated that the site has a parking problem and a
dual entrance and exit would require an addition three card readers which would reduce guest
parking by three spaces. They would also have to add another card reader on the island. He also
stated that when the Knox system is activated both gates would open up for Fire Department
access. He stated that they would be willing to make modifications so that visitors enter from
only the west gate and the residents could enter and exit from either gate. This would facilitate
traffic circulation.
The applicant, Dawn Gulld stated that she has been on the property for 2 1/2 years and that the
parking situation has been a challenge.
No other persons were present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO.94-8 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, 94-8:
1. Use Permit No. 94-8 for the establishment, maintenance and operation of sliding electronic
security gates at the Windjammer Apartments will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. With the conditions of
approval imposed adequate two (2) way circulation around the complex will be
maintained and vehicles will be able to exit out either gate. The security gates will be
equipped with "Knox" boxes to facilitate emergency vehicle and personnel responses to
ZA Minutes 3/16/94 9
the site and each tenant household will be issued access cards to activate operation of the
gates. In addition, the electronic sliding gates will increase the security measures at the
complex for the benefit of the residents.
b. Property and improvements in the vicinity of such use or building. The site design has
adequate vehicle stacking and turn -around area so that no impacts to traffic and
circulation on Warner Avenue will be effected.
2. The granting of Use Permit No. 94-8 will not adversely affect the General Plan of the City of
Huntington Beach. The sliding electronic security gates are consistent with the goals and
objectives of the Medium Density Residential Land Use designation of the General Plan.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan and elevations received and dated February 2, 1994 shall be the conceptually
approved layout with the following modifications:
a. The westerly gate shall be revised to provide both ingress and egress to the site.
b. The easterly gate shall be revised to provide both ingress and egress to the site, however,
the applicant may limit ingress to residents only.
C. A second card reader for ingress to the easterly gate shall be provided so as not to hinder
or impede adequate traffic circulation.
d. The "exit" card reader shall be redesigned so that vehicles need not cross over normal
traffic circulation patterns to activate the gates.
e. The gates shall be a minimum of twenty-four (24) feet in width.
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. Fire Department Requirements:
a. The proposed gate system must comply with City Specification Number 403. Width of
vehicle gates must be twenty-four (24) feet wide.
ZA Minutes 3/16/94 10
b. Prior to issuance of a building permit, the applicant must re -submit the plan to comply
with City Specification Number 403 to the Fire Department for approval.
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. 94-8 if any violation of
these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 5: COASTAL DEVELOPMENT PERMIT NO, 94-2/CONDITIONA .
EXCEPTION NO.94-2
Applicant: John Morgan
10131 Central Avenue
Garden Grove, CA 92643
Property Owner: Dr. Ing Wong
16891 Bolero Lane
Huntington Beach, CA 92648
Request: To permit the construction of a 1,226 square foot first floor addition and a
954 square foot second story addition to an existing two story single
family dwelling pursuant to Section 989.5.3 of the Huntington Beach
Ordinance Code. The application also includes a variance request to
permit a zero (0) foot building setback from a public utility easement in
lieu of the minimum five (5) foot setback required pursuant to Section
9960.2(c) of the Huntington Beach Ordinance Code.
Location: 16891 Bolero Lane
Jane Madera, Staff Planner reported that this is a request to construct a 1,226 square foot first
floor addition to an existing two story home, as well as a 954 square foot second story addition.
This request also includes a request for a zero foot setback from a public utility easement where a
five foot setback is required by code. The lot is 50' X 100'. Staff recommended approval of the
project, in that all of the issues of the coastal act are being met and that the variance request is
justified by the unique situation that the lot is not a standard 60 X 100' lot and is physically
constrained by the 10 foot utility easement. Staff feels this is a land related hardship, and since
as Public Works, who maintains the storm drain easement has no problem with the addition right
ZA Minutes 3/16/94 11
up against the easement, staff recommends approval. This project will require additional parking
since there is a large demolition and remodel of the home layout and floor area. With a revision
on the floor plans showing the library wall open more than 50 percent, the project would meet
the required parking. Staff recommended approval with findings and conditions.
THE PUBLIC HEARING WAS OPENED.
The applicant, John Morgan was present and concurred with staff s recommendation.
No other persons were present to speak for or against this request.
COASTAL DEVELOPMENT PERMIT NO 94-2/CONDITIONAL EXCEPTION NO 94-2
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 - COASTAL DEVELOPMENT PERMIT NO 94-2:
1. The request to permit the remodel and 1,226 square foot first floor addition and 954
square foot second story addition to an existing two-story single family residence
conforms with the plans, policies, requirements and standards of the Coastal Element of
the General Plan. The proposed first and second story addition will not impact public
views or access.
2. Coastal Development Permit No. 94-2 is consistent with the CZ suffix zoning
requirements, the Rl Zoning District, as well as other provisions of the Huntington Beach
Ordinance Code applicable to the property, with the exception of the variance request for
a zero (0) foot setback adjacent to a public utility easement. The variance request has
been approved concurrently with the action by the Zoning Administrator. The proposed
development will conform with all applicable City codes.
3. At the time of occupancy, the proposed remodel and addition to an existing two-story
single family residence 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 1,226 square foot first floor addition and 954 square foot
second story addition to an existing two story single family residence conforms with the
public access and public recreation policies of Chapter 3 of the California Coastal Act.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 94-2:
1. The granting of Conditional Exception No. 94-2 for a zero (0) foot building setback from
a public utility easement in -lieu of the minimum five (5) foot setback required, will not
constitute a grant of special privilege inconsistent upon other properties in the vicinity
ZA Minutes 3/16/94 12
1
and under an identical zone classification. The property will still maintain the other
proper setbacks, building height, and site coverage requirements as required by code. In
addition, the structure will still be ten (10) feet away from the side property line because
the utility easement is ten (10) feet wide.
2. Because of special circumstances applicable to the subject property, including a ten (10)
foot wide storm drain easement located entirely on the subject property, 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 still a typical 60 feet wide by 100 feet deep lot as are other surrounding
properties in the neighborhood. The site is constrained, however, by the location of the
easement.
3. The granting of Conditional Exception No. 94-2 is necessary in order to preserve the
enjoyment of one or more substantial property rights. The zero (0) foot setback allows
the construction of additional square footage similar to what other properties in the
vicinity, without site constraints, would be permitted.
4. The granting of Conditional Exception No. 94-2 will not be materially detrimental to the
public welfare, or injurious to property in the same zone classifications. With the
conditions of approval imposed, the applicant will demonstrate that the building
foundation will not impose any additional loading on the storm drain pipe.
5. The granting of Conditional Exception No. 94-2 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. 94-2 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.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated January 24, 1994 shall be the
conceptually approved layout with the following modifications:
a. The entrance wall to the library shall be revised so that a minimum of fifty (50%)
percent of the wall length is open to the hallway.
ZA Minutes 3/16/94 13
2. A revised set of plans shall be submitted to the Community Development Department for
inclusion in the file.
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. All proposed dock and ramp improvements shall require separate permits for the
improvements located within the public waterways.
5. All proposed cantilevered deck improvements require separate permits for the
improvements.
6. 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.
7. Proposed structures shall be architecturally compatible with existing structures.
8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and
central heating units.
9. Low -volume heads shall be used on all spigots and water faucets.
10. The Public Works Department requirements are:
a. A water backflow device shall be installed.
b. Prior to occupancy, the applicant shall submit evidence that the building
foundation will not impose any additional loading on the storm drain pipe.
11. The Fire Department requirements are:
a. NOTE ON PLANS - Automatic sprinkler systems will be installed throughout to
comply with Huntington Beach Fire Department and Uniform Building code
standards. Shop drawings will be submitted to and approved by the Fire
Department prior to installation.
INFORMATION OF SPECIFIC CODE REQUIREMENTS:
1. The development shall comply with all applicable provisions of the Ordinance Code,
Building Division, and Fire Department.
ZA Minutes 3/16/94 14
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.
94-2 and Conditional Exception 94-2 if any violation of these conditions of the
Huntington Beach Ordinance Code occurs.
ITEM 6: USE PERMIT NO.93-98/COASTAL DEVELOPMENT PERMIT NO.93-
29/CONDITIONAL EXCEPTION NO.93-43
Applicant: Richard L. Anderson
128 S. Glassell Ave.
Orange, CA 92666
Property Owner: Mr. & Mrs. Thomas Glass
16521 Peale Lane
Huntington Beach, CA 92648
Request: To permit the construction of a 950 square foot first floor addition, a 2,458
square foot second story addition and a 495 square foot third story
addition to an existing single story single residence pursuant to Section
989.5.3 and 9110.4(b)(3)(i) of the Huntington Beach Ordinance Code. The
application also includes a variance request for a ten (10) foot front entry
garage setback in lieu of the code required twenty-two (22) foot setback
pursuant to Section 9110.6 of the Huntington Beach Ordinance Code.
Location: 16521 Peale Lane
Jane Madera, Staff Planner reported that this is an application for a coastal development permit,
use permit and variance on Peale Lane in the Huntington Harbour area. The coastal development
is requested because the addition is more than 10% of the existing floor area. This is a 950
square foot first floor addition, a 2,458 square foot addition and a 495 square foot third story
addition to the existing single story residence. The use permit is for a third story and the
variance request is for a ten (10) foot front entry garage setback (22 feet required). All the issues
of the Coastal Act requirements are being met by this project. The third story complies with the
City code requirements regarding height access, setbacks, and roof volume. The request also
includes a deck on the third floor in the center of the house. Staff supports both the coastal
development and use permit requests. Staff is not is support of the Conditional Exception
request of this project for a ten (10) foot entry garage setback. The lot is a standard 60 X 100
foot lot and the property is already receiving code considerations beyond other R-1 properties
within the city, because it is on the water and more square footage is allowed to be built. Staff
cannot make the adequate land related hardship findings for this property to support a ten (10)
foot setback for the garage. In addition, the reduced driveway length prohibits all parking on the
driveway and only two adequate enclosed spaces are provided as code does not permit tandem
parking stalls.
ZA Minutes 3/16/94 15
Staff also reported they had a telephone call from an adjacent property owner who attempted to
write a letter in opposition to this request, however, there were problems with the fax machine
and the letter did not get through to staff. His issues were with height of structure, view impacts,
reducing sunlight and water view to surrounding homes.
THE PUBLIC HEARING WAS OPENED
The applicant, Richard Anderson, was present and stated his opposition to staff s not supporting
the ten (10) foot garage setback. He also stated that front entry was proposed to make a better
entry in front and that ample on street parking was provided on Peale Lane as the homes are
constructed only on one side of the street.
John Satterthwaite spoke in opposition to this request in regards to height and view impact. He
also stated that they have been residents since the project was built.
Ginny Nesseth spoke in opposition to the request for third story in regards to view impact stating
that this project would completely destroy her water view. She also stated she had lived in this
residence for twenty-eight years.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO.93-98/COASTAL DEVELOPMENT PERMIT NO.93-29 WAS
APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING
FINDINGS AND CONDITIONS OF APPROVAL. CONDITIONAL EXCEPTION NO.
93-43 WAS DENIED WITH THE FOLLOWING FINDINGS FOR DENIAL. HE
STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE
APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING
DAYS.
FINDINGS FOR APPROVAL -USE PERMIT N0.93-98:
1. Use Permit No. 93-98 for the construction of the 495 square foot third story will not be
detrimental to:
a. The general welfare of persons residing or working in the vicinity. The third story
will be contained within the confines of the second story roof volume. In addition,
the proposed third level deck will be located between two roof slopes and facing
onto the water channel to protect the privacy of neighboring properties.
b. Property and improvements in the vicinity of such use or building. The 495 square
foot third story complies with code requirements regarding height, roof slope,
interior access, and privacy concerns.
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2. The granting of Use Permit No. 93-98 will not adversely affect the General Plan of the
City of Huntington Beach. The 495 square foot third level addition is consistent with the
goals and objectives of the Low Density Residential Land Use designation of the General
Plan.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 9 -2 :
1. The request to permit the remodel and 950 square foot first floor addition, 2,458 square
foot second floor addition, and 495 square foot third floor addition to an existing one-
story single family residence conforms with the plans, policies, requirements and
standards of the Coastal Element of the General Plan. The proposed 950 square foot first
floor addition, 2,458 square foot second floor addition, and 495 square foot third floor
addition will not impact public views or access.
2. Coastal Development Permit No. 93-29 is consistent with the CZ suffix zoning
requirements, the RI Zoning District, as well as other provisions of the Huntington Beach
Ordinance Code applicable to the property. With the conditions of approval imposed, the
proposed development will conform with all applicable City codes because Conditional
Exception 93-43 was denied.
3. At the time of occupancy, the proposed remodel and addition to an existing one-story
single family residence will be provided with infrastructure in a manner that is consistent
with the Coastal Element of the General Plan. All infrastructure currently exits to the
site.
4. The proposed remodel and 950 square foot first floor addition, 2,458 square foot second
floor addition, and 495 square foot third floor addition to an existing one-story single
family residence conforms with the public access and public recreation policies of
Chapter 3 of the California Coastal Act. No public access to the shore line currently
exists or is required at the site.
FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO 93-43:
The granting of Conditional Exception No. 93-43 will not constitute a grant of special
privilege inconsistent upon other properties in the vicinity and under an identical zone
classification. Other properties within the vicinity with the same lot configuration have
been required to provide proper front entry garage setbacks for ample enclosed and
driveway parking. The one exception to this circumstance is a neighboring property
which was granted a variance in 1980 for a reduced front garage setback. The home was
located at an intersection of two local streets and the variance was granted for traffic
safety.
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
ZA Minutes 3/16/94 17
properties in the vicinity and under identical zone classifications. The single family
residence would still be able to construct a substantial remodel and addition while
complying with all aspects of the Huntington Beach Ordinance Code;
3. The granting of Conditional Exception No. 93-43 is necessary in order to preserve the
enjoyment of one or more substantial property rights. The property could still construct a
substantial remodel and addition while complying with all aspects of the Huntington
Beach Ordinance Code.
4. The granting of Conditional Exception No. 93-43 will be materially detrimental to the
public welfare, or injurious to property in the same zone classifications. An adequate
number of parking spaces for the new construction will not be provided resulting in a
possible detrimental impact to on -street parking in the vicinity. In addition, the ten (10)
foot long driveway poses a health and safety threat to pedestrians and bicyclists because
the reduced setback does not provide adequate driveway space. A vehicle entering and
exiting the property would be forced to overhang the sidewalk for an extended period of
time.
5. The granting of Conditional Exception No. 93-43 will adversely affect the General Plan
of the City of Huntington Beach.
a. The location, site layout, and design of the proposed use does not properly adapt
to the proposed structures to streets, driveways, and other adjacent structures and
uses in a harmonious manner. The reduced driveway length will result in vehicles
blocking the public sidewalk while the garage door opens and will eliminate all
on -site open parking spaces.
b. The access to and parking for the proposed use creates an undue traffic problem.
No on -site open parking stalls are provided on -site and the reduced driveway
length creates circulation hazards in the public right-of-way.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated December 10, 1993 shall be
the conceptually approved layout with the following modifications:
a. The project shall provide the minimum number of enclosed and open parking stalls
required by Section 9602.3(1) of the Huntington Beach Ordinance Code.
b. The project shall provide the minimum garage setback as required by Section 9110.6
of the Huntington Beach Ordinance Code.
2. A revised site plan, floor plan and elevations depicting the modifications described above
shall be submitted.
ZA Minutes 3/16/94 18
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. All proposed dock and ramp improvements shall require separate permits for the
improvements located within the public waterways.
All proposed cantilevered deck improvements require separate permits for the
improvements.
6. 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.
7. Proposed structures shall be architecturally compatible with existing structures.
8. The Fire Department requirements are:
a. NOTE ON PLANS - Automatic sprinkler systems will be installed throughout to
comply with Huntington Beach Fire Department and Uniform Building Code
standards. Shop drawings will be submitted to and approved by the Fire Department
prior to installation.
b. NOTE ON PLANS - Two (2) inch water meter required for the sprinkler system per
Public Works standards.
INFORMATION OF 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. 93-98/Coastal
Development Permit No. 93-29 if any violation of these conditions of the Huntington
Beach Ordinance Code occurs.
ZA Minutes 3/16/94 19
THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 30,1994 AT 1:30 PM.
Mike trange
Zoning Administrator
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ZA Minutes 3/16/94 20
