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HomeMy WebLinkAbout1994-04-06MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 6, 1994 -1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of the March 30, 1994, Zoning Administrator Meeting were approved. ITEM 1: USE PERMIT NO.94-29 (TEMPORARY OUTDOOR EVENT) Applicant: Mel Berkely 19316 Beach Blvd. Huntington Beach, CA 92646 Request: To permit a temporary three (3) day outdoor event with food and merchandise vending booths, vehicle displays, and celebrity guests on April 14, 15, and 16, 1994 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 19316 Beach Blvd. Jane Madera, Staff Planner reported that this application was a request to permit a three (3) day outdoor event involving the grand opening of a new auto repair center on Beach Blvd. Theevent will include food vending booths and celebrity appearances to coincide with the Long Beach Grand Prix. The event is proposed to be held on April 14, 15 and 16th from 9:00 a.m. to 4:00 p.m. The applicant has contacted Roger Miller Honda, property owners of a vacant lot about 100 feet away on Beach Blvd. to request use of the lot for overflow parking for the event. The Police Department has recommended that there be an attendant present to direct traffic towards the overflow parking lot. There will be no alcoholic sales at this event. Staff recommended approval of the project. The applicant, Mel Berkley was present and stated that they still needed to confirm with Roger Miller Honda the use of this lot for overflow parking. There were no other persons present to speak for or against this request. USE PERMIT NO.94-29 (TEMPORARY OUTDOOR EVENT) WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR 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. 94-29 for the three (3) day temporary outdoor event on April 14-16, 1994 will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The event will cease at an early hour (4:00 p.m.) each day so as not to disturb adjacent residential units to the east. In addition, the event is temporary in nature and will only last three (3) days. b. Property and improvements in the vicinity of such use of building. The applicant will secure overflow parking at the vacant Roger Miller Honda site to the north and will provide personnel to direct traffic flow in that direction. 2. The granting of Use Permit No. 94-29 (Temporary Outdoor Event) for a temporary three (3) day outdoor event will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated March 29, 1994 shall be the conceptually approved layout. 2. The applicant shall secure the use of the vacant Roger Miller Honda lot for overflow parking use. Written evidence of property owner approval for use of the lot shall be submitted to the Community Development Department prior to the beginning of the event. 3. The applicant shall provide a security guard or equivalent personnel to direct overflow traffic to the Roger Miller Honda site during all hours of the event. 4. 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. 5. Fire access lanes shall be a minimum with of (20) twenty feet. 6. The applicant's request shall include necessary permits for temporary signs. 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. ZA Minutes 4/6/94 2 The Zoning Administrator reserves the right to revoke Use Permit No. 94-29 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 2: LOT LINE ADJUSTMENT NO. 93-3 Applicant: Rick Wallace 28836 Via De Luna Laguna Niguel, CA 92668 Request: To permit a Lot Line Adjustment for an area between Lot 19 (single family residential lot) and Lot "F" (equestrian trail) of Tract 13439 pursuant to Section 9811.3.1 of the Huntington Beach Ordinance Code. Location: 18752 Jockey Circle Jane Madera, Staff Planner reported that this application was a request for a lot line adjustment between a residential property and a surrounding equestrian trail. Subsequent to that action by the Zoning Administrator, staff has done additional research and found that the Planning Commission had taken a number of actions since the original approval of the Tentative Tract Map. One was a one year extension of time for approval of that tract map. At that time the Planning Commission added additional conditions of approval that the tract comply with requirements for equestrian trails and that any deviation from those requirements shall be referred to the approval of the Zoning Administrator. Staff stated the application is now appropriate to be reviewed by the Zoning Administrator. One of the issues of this request was for adequate access for landscape maintenance vehicles to manuever around the corner. The City landscape architect has reviewed this request and has determined that there is sufficient area around this site to accommodate these vehicles. Staff recommended approval of this request with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED The applicant Richard Wallace 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 4/6/94 LOT LINE ADJUSTMENT NO.93-3 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: The lot line adjustment will not create a nonconforming parcel. The lot line adjustment will increase the residential lot square footage and decrease the equestrian trail neither of which will result in a non -conforming parcel. '2. The lot line adjustment will not create a nonconforming yard requirement. Both the residential lot and the equestrian trail will continue to meet the code requirements for yard and lot area. 3. The lot line adjustment will not sever existing structures on the two lots. The lot line adjustment area is not located in the vicinity of any existing structures. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed by the code prior to the adjustment. The residential lot will remain as a single family residential lot permitting one (1) dwelling unit. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S)p OF ANY PURPOSE: The Lot Line Adjustment received by the Department of Community Development on December 10, 1993, shall be the approved layout. 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. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 4. Said plat map shall be recorded with the County Recorder prior to the issuance of a certificate of compliance for the structure and/or structures upon subject properties. A copy of the recorded document shall be submitted to the Department of Community Development for the file. 5. Consent to the lot line adjustment by a party or entity holding a beneficial interest in the property shall be reflected in a modification of the deed of trust including, as appropriate, any partial reconveyance necessary to effect the intent of the lot ZA Minutes 4/6/94 4 line adjustment. The modifications and, if required, partial reconveyance shall be executed in the manner of a conveyance of real property and recorded concurrently with the deeds required by Subarticle 16.3 g(1)(2) of the Orange County Subdivision Manual. ITEM 3: CONDITIONAL EXCEPTION NO.94-5 Applicant: Jack and Kathy Hinsche 6781 Evening Hill Drive Huntington Beach, CA 92648 Request: To permit the construction of a second floor balcony with a six (6) foot setback from the front property line (minimum eleven [I I] feet required) and to permit second floor habitable room area with an eleven (11 foot setback from the property line (minimum fifteen [15] feet required) pursuant to Section 9110.6 of the Huntington Beach Ordinance Code. Location: 6781 Evening Hill Lane Jane Madera, Staff Planner reported that this application was a request for a variance to development standards regarding front yard setbacks. The property is an odd shaped lot, not a standard size lot. The existing home has a balcony at an eleven (11) foot setback and has a bonus room at a fifteen (15) foot setback, both of which are consistent with code requirements. The applicant's request is to add an additional four (4) foot area to the bonus room, which puts the dwelling area wall to an eleven (11) foot front setback and puts the balcony at six (6) foot setback. Staff supports the request in that it is an odd shaped lot, which presents a land related hardship, because of the corner cut off the developer could not place the home adequately toward the rear of the property. Staff recommended approval of the project with a modification that the additions on the second floor go no closer to the property line than an eight (8) foot setback, which would not extend beyond the existing garage wall. Staff reported that four letters of support were received from surrounding neighbors. Staff recommended approval of the project. THE PUBLIC HEARING WAS OPENED The applicant, Jack and Kathy Hinsche were present and reiterated their request for the eleven (11) foot setback as opposed to the eight (8) foot setback recommended by staff. Mike Strange asked staff about the surrounding properties and if there were additional balconies that projected over the front setback. Staff stated that they did not believe that the surrounding properties had balconies projecting over the front setback. Mike Strange determined that a continuance be granted for staff to do further research in the surrounding area for any variances granted for balconies projecting over the front setback. ZA Minutes 4/6/94 5 There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED CONDITIONAL EXCEPTION NO.94-5 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE APRIL 13, 1994 ZONING ADMINISTRATOR MEETING. ITEM 4: USE PERMIT NO.94-18 Applicant: Chuck Conner Beneto, Inc. 3201 E. 69th Street Long Beach, CA 90805 Request: To permit the installation of a 10' X 48' trailer for storage and office use pursuant to Section 9730.30 of the Huntington Beach Ordinance Code. Location: 17881 Gothard Street Jane Madera, Staff Planner reported that this application was a request to add a mobile trailer for storage and office use to an existing Chevron plant at Gothard and Talbert. The proposed trailer is 480 square feet in size. The trailer will be used for truck drivers coming into the site and storage of lockers for driver's rain gear, transportation receipts and forms, gloves, log books, truck maintenance logs and miscellaneous small truck parts, spare hoses and fittings. No hazardous material will be located in the trailer. Staff recommended approval of this request. The Huntington Beach Ordinance Code, however, classifies this as a commercial coach which is allowed on the site no longer than five years. Although the application is for a permanent location for this trailer, staff recommended that this request remain consistent with code and be approved for a five year period. At the end of the five year period, the applicant would have the option to apply for an extension with a new use permit application. THE PUBLIC HEARING WAS OPENED Bill Meyers representing the applicant, was present and concurred with staffs recommendation and stated that the maximum five (5) year approval was acceptable. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED USE PERMIT NO. 94-18 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. ZA Minutes 4/6/94 6 FINDINGS FOR APPROVAL -USE PERMIT NO. 94-18: 1. Use Permit No. 94-18 for the establishment, maintenance and operation of the 480 square foot trailer for storage and office use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The trailer will be screened from view from the surrounding properties by existing landscaping. In addition, the trailer will provide office and storage space necessary for employees and truck drivers contracting with Chevron Oil. b. Property and improvements in the vicinity of such use or building. With the conditions of approval imposed, the trailer will remain on the site a maximum of five (5) years and will not effect any existing property or improvements in the area. 2. The granting of Use Permit No. 94-18 will not adversely affect the General Plan of the City of Huntington Beach. The 480 square foot temporary trailer 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 February 18, 1994 shall be the conceptually approved layout. 2. There shall be no sleeping or cooking facilities or activities permitted within the trailer. 3. If the trailer is present on -site for more than six (6) months, the applicant shall obtain a building permit for the installation and shall comply with all aspects of the Uniform Building Code. 4. This use permit approval shall permit the use and operation of the trailer for a maximum five (5) years. The trailer shall either be removed or the applicant shall request an extension of time at the end of the five (5) year period. 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. ZA Minutes 4/6/94 7 7. Fire Department Requirements: a. Submit a list of materials that will be stored in the trailer to the Fire Department. b. The storage shall comply with all provisions of the Huntington Beach Fire Code including Article 80 of said code regarding hazardous materials. c. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers other than the permitted trailer. 9. 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. 10. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 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. The Zoning Administrator reserves the right to revoke Use Permit No. 94-18 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO.93-85/CONDITIONAL EXCEPTION NO.93-38 Applicant: Angelo Lardas 39 Rockingham Drive Newport Beach, CA 92660 Request: To permit the addition of 532 square foot outdoor children's playland with a twelve (12) foot front setback (minimum 25 foot landscaped setback required) pursuant to Section 9220.7 of the Huntington Beach Ordinance Code. Location: 20362 Beach Blvd. 1 ZA Minutes 4/6/94 8 Jane Madera, Staff Planner reported that this application was a request for a use permit for an expansion to an existing McDonald's restaurant. The use permit is for additional square footage for a children's playland and includes a variance request to encroach into the front setback. The request is to put the playland in front of the building, which results in a twelve (12) foot setback from Beach Blvd. The requirement is for a twenty-five (25) foot setback from Beach Blvd all of which is to be permanently landscaped. An architectural rendering was presented to show the playland, colors, etc. Staff recommended denial of the variance request because of encroachment into the existing landscaping. Staff does not feel it appropriate to reduce the front landscape by fourteen (14) feet and the playland is not in keeping with the character of the surrounding area as it will be massive and bulky. Staff recommended denial of the request with findings. THE PUBLIC HEARING WAS OPENED The applicant, Angelo Lardas, was present and stated that they were willing to change the playland in any way to blend in with the building. He also stated that the neighbors on either side have a fence that extends further than the proposed playland and blocks the view of the restaurant. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED USE PERMIT NO.94-11/CONDITIONAL EXPCEPTION NO.93-38 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. 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. 93-85: 1. Use Permit No. 93-85 for the establishment, maintenance and operation of the 532 square foot children's playland addition will be detrimental to: a. The general welfare of persons residing or working in the vicinity. The playland cannot be constructed in the proposed location without encroaching into the required 25 foot landscaped setback area. Encroachment into the setback reduces the aesthetic quality of the site. b. Property and improvements in the vicinity of such use or building. The requested encroachment into the 25 foot landscape is incompatible with other surrounding commercial and residential uses in the area. 2. The granting of Use Permit No. 93-85 will adversely affect the General Plan of the City of Huntington Beach. The 532 square foot children's playland is not consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. ZA Minutes 4/6/94 9 FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO. 93-38: The granting of Conditional Exception No. 93-38 for a fourteen foot encroachment into the required 25 foot landscape setback will constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Other properties in the vicinity along Beach Boulevard maintain the required landscaping and setback areas. 2. Although the rear portion of the property is located on a slope, the strict application of the Zoning Ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The property is already developed with a sit-down restaurant and provides drive-thru service. Intensification of the site cannot be constructed without encroaching into the required landscape setback area. 3. The granting of Conditional Exception No. 93-38 is not necessary in order to preserve the enjoyment of one or more substantial property rights. The site currently is fully developed with both a sit-down McDonald's Restaurant and a drive-thru service operation. 4. The granting of Conditional Exception No. 93-38 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 the proposed structure to streets, driveways, and other adjacent structures and uses in a harmonious manner. The fourteen (14) foot encroachment into the required 25 foot landscape setback with a children's playland is not architecturally compatible with the office building to the south or the Seabridge residential development to the north. The playland is constructed of bright colors and composed of many activities which result in a massive, bulky, and busy facade. The requested fourteen (14) foot reduction in landscape setback results in a further visual impact to the surrounding street scene. THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 13, 1994 AT 1:30 PM. r Mike Strange Zoning Administrator :lp ZA Minutes 4/6/94 10