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HomeMy WebLinkAbout1994-03-30MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMIMSTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 30,1994 -1:30 P.M. ZONING ADMIMSTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of the March 9, and March 16, 1994, Zoning Administrator Meetings were approved. ITEM 1: USE PERMIT NO.93-88 (Continued from March 9, 1994 Zoning Administrator Meeting) Applicant: Richard Armstrong Jodika Enterprises 1839-D W. Vista Way Vista, CA 92083 Request: To replace the non -audible drive-thru ordering system (previously required under Conditional Use Permit No. 88-57) with a low-level drive-thru speaker post and digital order confirmation board. Location: 818 Pacific Coast Highway Jane Madera, Staff Planner reported that this application was a request to amend a previous condition of approval imposed by the City Council for Taco Bell at the corner of 9th Street and Pacific Coast Highway. The applicant wishes to replace the existing non -audible ordering system with a low level audible speaker post. The existing system is a hand-held telephone ordering system which has created numerous problems for the applicant. The applicant submitted a sound study documenting the impacts of the request as requested by staff. The original request included a digital order confirmation board but the applicant recently stated that the technology for this system is not yet available.. The sound study revealed that the maximum sound transmitted would be 52 dBA which is an acceptable sound level. Staff recommended approval based on the information received from the applicant on the sound study. THE PUBLIC HEARING WAS OPENED The applicant Richard Armstrong was present and stated that information was given to staff to research different locations of the ordering system. The applicant also stated that he measured decible levels with a hand-held noise meter at the Taco Bell location at La Paz Road and Interstate 5, which had the same ordering system that he has requested. He explained the noise study as presented to staff, which was an acceptable noise level. Michael Thompson, owner of the apartment complex behind the Taco Bell, was present and spoke in opposition of this request stating that the noise from this system would directly effect his apartment building. He stated that he had a licensed noise study analyst review the noise study done by Taco Bell. He stated that the noise study done by the manufacturer was the best case scenario because they wanted to sell their product. Nan Patel, owner of the motel adjacent to Taco Bell, was present, and spoke in opposition of this request stating that the noise from this system would directly effect his patrons. He stated hat he has received complaints from his guests about noise from the Taco Bell parking lot. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.93-88 WAS DENIED BY THE ZONING ADMINISTRATOR 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) CALENDAR DAYS. FINDINGS FOR DENIAL -USE PERMIT NO.93-88: 1. Use Permit No. 93-88 to replace the non -audible drive-thru ordering system (previously required under Conditional Use Permit No. 88-57) with a low volume drive-thru speaker post will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed audible drive-thru ordering system is incompatible with surrounding residential properties in the area. There is an existing apartment building to the north and an existing hotel to the east of the subject property which will potentially be effected by noise produced at the restaurant. b. Property and improvements in the vicinity of such use or building. The noise emanating from the audible ordering system will have a negative effect on the surrounding property. 2. The granting of Use Permit No. 93-88 will adversely affect the General Plan of the City of Huntington Beach. The proposed audible drive-thru ordering system is inconsistent with the goals and objectives of the Commercial Visitor Serving Land Use designation of the General Plan. 1 ZA Minutes 3/30/94 2 ITEM 2: LOT LINE ADJUSTMENT NO.94-2 Applicant: Huntington Beach Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Request: To amend the lot lines between Lots 20 and 21 of Tract 6904 pursuant to Section 9811.3.1 of the Huntington Beach Ordinance Code. Location: 19762 Island Bay Lane and new proposed Tract 14244 Jane Madera, Staff Planner reported that this application was a request for a lot line adjustment on the newly proposed Tract 14244 which is proposed for the end of the Island Bay Lane in the Seacliff Area. She also stated that when the Tentative Tract Map was submitted the property in question had a radius curve, however, when the Final Map was submitted it did not conform with the Tentative Tract Map. Tract 14244 has been accepted by the City Council with the condition that the lot line adjustment be acted upon by the Zoning Administrator. Staff recommended approval of this request. Richard Loyd of Seacliff Partners, was present and concurred with staff s recommendation. There were no other persons present to speak for or against this request. LOT LINE ADJUSTMENT 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: 1. The lot line adjustment will not create a nonconforming parcel. Both parcels involved in the lot line adjustment will meet all aspects of the Huntington Beach Ordinance Code regarding lot width, lot size, etc. 2. The lot line adjustment will not create a nonconforming yard requirement. Lot 20 of Tract 6904 will gain more property with the lot line adjustment and will continue to meet all yard requirements. The area to the north and west of the lot line adjustment will become street right- of-way for the new Island Bay Lane. 3. The lot line adjustment will not sever existing structures on the two lots. The existing structure will be setback a minimum of fourteen (14) from the new property line. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed by the code prior to the adjustment. One (1) single family dwelling is currently permitted on Lot 20. The density will not change as a result of the lot line adjustment. ZA Minutes 3/30/94 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 March 21, 1994, shall be the approved layout with the following modifications: a. The legal descriptions and plat map information shall be revised to the satisfaction of the Public Works Department. 2. Monuments for 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. 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. ITEM 3: USE PERMIT NO.94-24 Applicant: Shawn Millbern Waterfront Construction #1 P. O. Box 8680 Newport Beach, CA 92658-8680 Request: To permit temporary use of three (3) existing parking lots for surplus parking for the Waterfront Hilton Beach Resort pursuant to Section 9730.52 of the Huntington Beach Ordinance Code. Location: 21100 Pacific Coast Highway (East of Waterfront Hilton Hotel) Mary Beth Ormsby, Staff Planner reported that this application was a request to have separate use of three existing commercial parking lots surrounding the Waterfront Hilton Hotel. These lots would be used for overflow parking for guests, employees, and valet parking in conjunction with the Waterfront Hilton Hotel activities. Staff recommended approval with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED The applicant, Shawn Milburn was present and concurred with staffs recommendation. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED ZA Minutes 3/30/94 4 USE PERMIT NO.94-24 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.94-24: 1. Use Permit No. 94-24 for the temporary use of three (3) existing parking lots will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions of approval imposed, the parking lots will be striped and paved for safe and adequate circulation in accordance with the Huntington Beach Ordinance Code. b. Property and improvements in the vicinity of such use of building because the parking lots are consistent with the Commercial Use of the Waterfront Hilton Beach Resort. The provision of the additional parking areas will relieve on -street parking in the surrounding vicinity. 2. The granting of Use Permit No. 94-24 will not adversely affect the Commercial/Support Recreation General Plan designation of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO.94-24: 1. The site plan received and dated March 21, 1994 shall be the conceptually approved layout for parking areas A, B and D. The site plan received and dated April 1, 1994 shall be the conceptually approved layout for parking area C. 2. Parking areas A, B and C stall comply with stall dimensions, striping, aisle widths and handicapped parking requirements, pursuant to Article 960 of the Huntington Beach Municipal Code. 3. Parking area D will be restricted in use for valet parking and Waterfront Hilton Beach Resort employees only. 4. Any improvements that are required to be made to comply with these conditions will be done between 7:00 a.m. and 8:00 p.m., Monday through Saturday. No improvements will be done on Sundays or federal holidays. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 2. The Zoning Administrator reserves the right to revoke Use Permit No. 94-24 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes 3/30/94 ITEM 3: USE PERMIT NO.93-99 Applicant: Shawn Millbern Waterfront Construction #1 P. O. Box 8680 Newport Beach, CA 92658-8680 Request: To permit the temporary installation of an approximately 5,000 square foot tent for business conventions and social gatherings adjacent to the Waterfront Hilton Beach Resort. The three (3) temporary events are proposed for April 17, April 20, and May 5, 1994 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 21100 Pacific Coast Highway (East of Waterfront Hilton Hotel) Mary Beth Ormsby, Staff Planner reported that this application was a request for a temporary outdoor event that involves a 5,200 square foot tent that would be erected on one of the parking lots that was discussed in the previous request. The tent will be constructed of a durable fabric. The main entrance to the tent will be glass and aluminum. Although three (3) events were advertised for the public hearing, one event has subsequently been cancelled. Therefore staff recommended that the Zoning Administrator act only on the April 20 and May 5 events. Staff stated that the two proposed events are due to end at approximately 8:00 p.m. at the latest and therefore would not impact the existing residents of Driftwood Mobile Home Park to the north. Staff recommended a condition of approval to insure that the tent not be used beyond the two events until an application for permanent use has been approved by the Planning Commission. Staff stated that the applicant has presented various provisions to comply with Fire Code Article 32. The staff recommended approval for the two events with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED The applicant, Shawn Milburn was present and reiterated location and uses of the tent. He concurred with staff s recommendation. Nancy Cohee, a resident living in the area, was present and spoke concerning the noise factor involved with the functions that will take place in the tent. She stated that the neighbors hear noise from the hotel at night although she was not opposed to the two proposed events. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED ZA Minutes 3/30/94 6 USE PERMIT NO.93-99 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.93-99: 1. Use Permit No. 93-99 for the temporary installation of a tent for two temporary outdoor events to be held April 20th and May 5th will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because the tent is consistent with commercial uses of hotel and will be adequately buffered from surrounding residential uses. In addition, the two events will end by 8:00 p.m., and with conditions of approval imposed, all clean-up activities will cease by 10:00 p.m. b. Property and improvements in the vicinity of such use of building because the use is an extension of existing activities at the Waterfront Hilton Beach Resort and is compatible with surrounding uses. 2. The granting of Use Permit No. 93-99 will not adversely affect the Commercial/Support Recreation General Plan designation of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO.93-99: 1. The site plan received and dated December 14, 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 detailed seating plan shall be submitted to the Huntington Beach Fire Department showing arrangement of tables, chairs, exits, etc. 4. The applicant shall obtain all necessary Fire Department permits. This permit will be issued for six (6) months maximum. 5. All parking shall be a minimum of forty (40) feet from the proposed tent. 6. The fabric material must comply with the Uniform Fire Code, Article 32. 7. "No Smoking" signs shall be posted in conspicuous locations. 8. Fire extinguishers shall be required per Uniform Fire Code, Article 32. 9. A minimum of two (2) exits shall be provided and maintained. ZA Minutes 3/30/94 7 Ile 10. Applicant shall comply with Chapter 8 Noise Control of the Huntington Beach Municipal Code. 11. Construction and disassembly of tent will not occur between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday nor on Sunday or federal holidays. 12. Clean-up activity subsequent to an event will cease by 10:00 p.m. 13. The tent will be disassembled and removed from the site within ninety (90) days of the final approved event (no later than August 3, 1994). However, in the event that Conditional Use Permit No. 94-8 for permanent installation is approved and no appeals are filed, the tent may remain on location. No additional events may be held in the tent, however, between May 6, 1994 and the close of the appeal period for Conditional Use Permit No. 94-8. 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. 93-99 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 ninety (90) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 4: USE PERMIT NO.94-5 Applicant: Eugene Springer Carl Brooks, Inc. 1366 Coronado Ave. Long Beach, CA 90804 Request: To permit an existing five (5) foot, six (6) inch tall solid masonry wall to remain within the front yard setback (zero foot setback in lieu of 15 foot setback required). The application includes a request to construct a six (6) foot tall wrought iron wall above an existing six (6) foot tall retaining wall approximately five (5) feet from the rear property line pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 4471 Los Patos ZA Minutes 3/30/94 8 Jane Madera, Staff Planner reported that this application was a two part request for a use permit to construct walls at a single family residential lot. The code permits retaining walls on a natural grade to be topped with a six (6) foot high wall but states that it should be constructed on the side or rear property line. The applicant is proposing to construct a combination six (6) foot retaining wall and top this wall with six (6) feet of wrought iron approximately five (5) feet from the rear property line. Staff recommended approval of this wall in the rear yard. The second part of the request is to allow an existing 5'6" solid masonry wall to remain on the front property line. Staff recommended the wall be relocated a minimum of three (3) feet back from property line and incorporate landscaping between the property line and the wall. On the downward slope toward the home, a retaining wall would be required if the six (6) foot height is retained. Staff reported that this wall as proposed is bulky and massive and does not match other walls in the neighborhood which have wrought iron and landscaping. Staff recommended denial of this portion of the Use Permit or an amendment that the applicant move it back and incorporate landscaping. THE PUBLIC HEARING WAS OPENED Eugene Springer, applicant was present and reiterated that the wall proposed was in keeping with the look of the home. Nancy Evancheck, property owner was present and reiterated that she wanted to keep the wall requested as proposed. She stated that the solid block was necessary for the family privacy and security reasons. Mike Strange, Zoning Administrator recommended that this wall incorporate some open wrought iron work to break up the massiveness of the wall in order to meet staff s concerns while still allowing the height of the wall to meet the applicant's privacy and security concerns. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED USE PERMIT NO.94-5 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.94-5: 1. Use Permit No. 94-5 to permit the existing 5'6" tall solid masonry wall to remain at a zero (0) foot front yard setback and to construct a six (6) foot tall wrought iron wall above an ZA Minutes 3/30/94 9 existing six (6) foot tall retaining wall approximately five (5) feet from the rear property line will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions of approval imposed, the front property line wall will be architecturally compatible with the existing property line wall to the south. The rear yard retaining wall with wrought iron will be architecturally compatible with the other existing retaining walls along Warner Avenue. b. Property and improvements in the vicinity of such use or building. The proposed walls will not alter the existing improvements in the area. 2. The granting of Use Permit No. 94-5 will not adversely affect the General Plan of the City of Huntington Beach. The proposed walls are consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated January 28, 1994 shall be the conceptually approved layout with the following modifications: a. The concrete block wall on the front property line shall be amended to include a four (4) foot wide by three (3) foot tall see -through wrought iron panel centered in the middle of the wall. b. The front property line wall shall be stuccoed to match the existing wall to the south. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes 3/30/94 10 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. 94-5 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO.94-11 Applicant: Tom Zanic Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Request: To permit two (2) nine (9) foot tall entry signage walls, for Seacliff, (in -lieu of the maximum six (6) foot tall permitted) at the northwest and southwest comers of Garfield Avenue and Goldenwest Street pursuant to Section 9771(1) of the Huntington Beach Ordinance Code. Location: 18988 Goldenwest Street Jane Madera, Staff Planner reported that this application was a request for a use permit that exceeds the permitted height for a wall which is six (6) feet. The application is to provide two (2) nine (9) foot high walls. The project is proposed to be an entry signage wall at the corner of Garfield and Goldenwest for the Seacliff area homes. Staff recommended denial of this request and recommended that the wall meet code standards of six (6) feet tall. Staff stated that the walls are massive and bulky, and would serve the same purpose at a six (6) foot height level. THE PUBLIC HEARING WAS OPENED Tom Zanic, applicant was present and stated that panels would be used in the wall that one could see through them. He stated that the Design Review Board wanted to review the wall but they did not approve or deny or recommend any action. Mike Strange asked the applicant if the homeowners in the area responded to this request. Tom Zanic stated that two individuals representing the association supported this request. There were no other persons present to speak for or against this request. Mike Strange stated that he would approve the walls at a maximum of eight (8) feet in height including the proposed decorative cap on the walls. THE PUBLIC HEARING WAS CLOSED ZA Minutes 3/30/94 11 USE PERMIT NO.94-11 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.94-11: 1. Use Permit 94-11 for the establishment of two (2), eight (8) foot tall tract entry signage walls which exceed the maximum six (6) foot height, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The maximum eight (8) foot tall wall will not unduly block any views, the center portion will be constructed with see -through wrought iron and the proposed dark green glazed tile material has been reviewed and approved by the Design Review Board. b. Property and improvements in the vicinity of such use or building. The wall colors and design will be architecturally compatible with other walls and improvements in the vicinity. 2.' The granting of Use Permit No. 94-11 will not adversely affect the General Plan of the City of Huntington Beach. The two (2), eight (8) foot tall walls are consistent with the goals and objectives of the General Commercial and Estate Residential Land Use designations of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated February 9, 1994 and the elevations received and dated March 8, 1994 shall be the conceptually approved layout with the following modifications: a. The elevations shall be revised so that the highest wall height, including cap, as measured from lowest grade, will be a maximum of eight (8) feet tall. b. The site plan and elevations shall not include any other walls or corner sites that are not part of this request for walls at the northwest and southwest corners of Garfield and Goldenwest. 2. A revised site plan and elevations shall be submitted depicting the modifications described above. 3. All proposed signs shall require a separate permit. 4. 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 ZA Minutes 3/30/94 12 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. 5. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 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. 94-11 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 3:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 6,1994 AT 1:30 PM. mace Strange Zoning Administrator :lp ZA Minutes 3/30/94 13