HomeMy WebLinkAbout1994-04-131
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, APRILI3, 1994 - 1:30 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER:
Jane Madera
MINUTES: The Minutes of the March 30, 1994 Zoning Administrator
were approved and the minutes of April 6, 1994, Zoning
Administrator meeting were continued.
ITEM 1: 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 continued from the last meeting to
give staff an opportunity to further research building permits on some existing photographs that
were submitted by the applicant. The project is located in the upper Seacliff area. This request is
for an encroachment into the front yard setback. Staffs research concluded residences in the area
are consistent with the request of the applicant as other encroachments into the front setback have
been approved, therefore staff recommended approval of this request.
THE PUBLIC HEARING WAS OPENED
The applicant, Jack and Kathy Hinsche were present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
CONDITIONAL EXCEPTION NO.94-5 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 - CONDITIONAL EXCEPTION NO. 94-5:
The granting of Conditional Exception No. 94-5 for a six (6) foot front setback on the
second floor balcony and an eleven (11) foot front setback for the second floor room
addition will not constitute a grant of special privilege inconsistent upon other properties
in the vicinity and under an identical zone classification. The existing tract, including the
subject property, was constructed with many front entry garages at a seven and one-half
(7 1/2) foot front setback. In addition, another home in the vicinity received approval for
further encroachment into the front setback. This variance will not grant a special
privilege inconsistent with other properties in the area.
2. Because of special circumstances applicable to the subject property, including size, shape,
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 property is an odd -shaped lot which
restricts the normal development of additional square footage in the rear. In addition, the
structure was originally built with a reduced front entry garage setback.
3. The granting of Conditional Exception No. 94-5 is necessary in order to preserve the
enjoyment of one or more substantial property rights. The granting of the variance allows
the property owner to add additional square footage to the home and meet his needs for
more interior living space.
4. The granting of Conditional Exception No. 94-5 will not be materially detrimental to the
public welfare, or injurious to property in the same zone classifications. The addition with
encroachment into the front setback is designed in a harmonious manner with the existing
house and will be compatible with other homes in the area.
5. The granting of Conditional Exception No. 94-5 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. 94-5 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. The second story encroachment into the front setback will
not affect the existing reduced drivewaywidth and the addition will be harmonious
with the existing home.
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c. The combination and relationship of one proposed use to another on site are
properly integrated.
SPECIAL CONDITIONS OF APPROVAL:
The site plan, floor plans, and elevations received and dated February 14, 1994 shall be the
conceptually approved layout.
2. 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.
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.
2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances,
and standards.
The Zoning Administrator reserves the right to revoke Conditional Exception No. 94-5 if
any violation of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 2: USE PERMIT NO.94-31 (TEMPORARY OUTDOOR EVEN
Applicant: Andrew E. Bellisario, C.M.
8345 Talbert Avenue
Huntington Beach, CA 92646
Request: To permit a one (1) day Fun Festival at St. Vincent de Paul Church on
Saturday, April 16, 1994 from 9:00 a.m. to 4:00 p.m. pursuant to Section
9730.64 of the Huntington Beach Ordinance Code.
Location
8345 Talbert Avenue
ZA Minutes 4/13/94
Jane Madera, Staff Planner reported that this application was a request for a temporary outdoor
event at St. Vincent de Paul Catholic Church. This is an annual Fun Festival event that the
applicant has had for the past sixteen (16) years. The event will take place on the grounds of the
church, not in parking area. There will be a stage with live entertainment, facing toward the
church. The applicant has adequate parking available for this event both in the churh parking lot
and the lot at the adjacent cemetery. Staff recommended that on -site personnel be present to
direct traffic flow. The Fire Department recommended the canopy be flame retardant material,
and that it contain one fire extinguisher. Staff recommended approval of the one day temporary
outdoor event.
THE PUBLIC HEARING WAS OPENED
The applicant's represent Joe Truxaw, 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
USE PERMIT NO. 94-31 (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 TWO (2) CALENDAR DAYS.
FINDINGS FOR APPROVAL:
1. Use Permit No. 94-31 for a one (1) day temporary outdoor event will not be detrimental
to:
a. The general welfare of persons residing or working in the vicinity. With the conditions
of approval imposed, there will be on -site staff present to direct traffic in and out of
the site. The Fun Festival will take place on the grounds of the church leaving all on -
site parking available so as not to disrupt surrounding properties.
b. Property and improvements in the vicinity of such use of building. The event is one
(1) day only and will take place entirely on the church grounds.
2. The granting of Use Permit No. 94-31 will not adversely affect the General Plan Public -
Quasi -Public Institutional Land Use designation of the City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan received and dated April 4, 1994 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. Fire access lanes shall be a minimum with of (20) twenty feet.
ZA Minutes 4/13/94 4
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4. The applicant shall obtain all necessary Fire Department permits and comply with all
provisions of Article 32 of the Uniform Fire Code.
5. The applicant's request shall include necessary permits for temporary signs.
6. The proposed canopy shall be of fire retardant material. Proof of Certification shall be
submitted to the Fire Department for approval prior to the canopy's installation on the site.
7. One 2A-10BC fire extinguisher will be required for the canopy.
8. One identifiable staff or personnel member shall be on -site throughout the entire event to
direct traffic into and out of the site and to direct overflow traffic to the available lot at the
adjacent cemetery.
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. 94-31 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 3: LOT LINE ADJUSTMENT NO.94-4
Applicant: Richard Hagee
Seacliff Partners
520 Broadway, Suite 100
Santa Monica, CA 90401
Request: To adjust the lot lines between Lots 9 and 10 of Tract No. 14244 pursuant
to Section 9811.3.1 of the Huntington Beach Ordinance Code.
Location: Lots 9 and 10 of new proposed Island Bay Lane
ZA Minutes 4/13/94 5
Jane Madera, Staff Planner reported that this application was a request for a lot line adjustment
between Lots 9 and 10 on Island Bay Lane. The request is to move the existing lot line 2 1/2 feet
to the north in order to site different model homes further away from existing homes. In response
to neighbor concerns staff stated that although the size of Lot 9 would end up less than the
required 6,000 square feet, other adjacent lots could be used for average in and all the lots would
average more than 6,000 square feet each. Staff recommended that the pad of Lot 9 be lowered
six (6) inches which further reduces sight angle visibility between the existing residence and the
proposed residence. Staff also recommended that this lot line adjustment not be recorded at the
County until Tract 14244 is recorded.
Mike Strange, Zoning Administrator questioned the timine of the averaging and asked whether or
not that acould only occur at the time of subdivision which requires Planning Commission review.
Staff stated this is at the time of subdivision because the final map has not yet been recorded and
all actions are still within the window of the subdivision.
Mike Strange stated that he did not necessarily agree with that. He also questioned whether the
tract map had been recorded.
Staff stated that the tract map was not yet recorded.
Mike Strange also questioned if other lot line adjustments were done on this tract. He also
inquired why the staff did not take the tract map back to the Planning Commission since it was
not recorded.
Staff stated that the Zoning Administrator did have another lot line adjustment on Island Bay
Lane. Staff stated that this procedure saves time for the applicant and accomplishes the same goal
as returning to the tentative tract map stage.
Mike Strange questioned without a public hearing, how do we know if the neighbors agree to this
lot line adjustment.
Staff stated that a lot line adjustment does not require a public regardless of whether it occurs
now or is acted on at a later date.
The applicant, Richard Hagee was present and stated that they just found out about the lowering
of pad height on Lot 9 a few minutes before the meeting. They were not sure of the ramifications
of lowering the pad height for proper drainage to the street.
There were no other persons present to speak for or against this request.
LOT LINE ADJUSTMENT NO.94-4 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 4/13/94 6
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FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO. 94-4:
1. The lot line adjustment will not create a nonconforming parcel. Although the square
footage of Lot 10 of Tract 14244 will be decreased to 5,979 square feet (21 square feet
less than the minimum 6,000 square feet required), Lot 10 is one of four contiguous
parcels under the same ownership (SeacliffPartners) which, when averaged together, all
meet the minimum 6,000 square foot lot size as permitted by Section 9110.2(c) of the
Huntington Beach Ordinance Code. The four parcels and the results of the averaging are
as follows:
Lot
Square Footage
Width
9
6,490
76.76'
10
5,979
66.84'
11
6,180
60.0'
12
6,180
60.0'
Total 4 Lots
24,829 Sq. Ft.
Average
6,207.25 Sq. Ft.
65.9'
2. The lot line adjustment will not create a nonconforming yard requirement. Both involved
parcels will continue to meet the required yard sizes after the lot lines are adjusted.
3. The lot line adjustment will not sever existing structures on the two lots. There are no
existing structures on either of the two involved lots. No building permits for new
construction have been issued because Tract Map No. 14244 has not been recorded.
4. The lot line adjustment will not allow a greater number of dwelling units than allowed by
the code prior to the adjustment. Both lots are zoned RI (Low Density Residential) and
will continue to permit one single family dwelling each after the lot lines are adjusted.
CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO. 94-4:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) OF
ANY PURPOSE:
1. The Lot Line Adjustment received by the Department of Community Development
on March 25, 1994, shall be the approved layout.
2. The building pad on Lot #9 shall be lowered a minimum of six (6) inches unless it
is determined by the Public Works Department that it will exceed acceptable
design standards for on -site drainage; in which case the pad shall be lowered to an
acceptable level as determined by the Public Works Department. The intent of
lowering the pad is to decrease site distance visibility between the proposed name
and the existing single family residence to the west.
3. 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.
ZA Minutes 4/13/94
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4. 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.
5. 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 4: TENTATIVE PARCEL MAP NO. 94-101 (Revised)
Applicant: Metlife
24422 Avenida De La Carlota #300
Laguna Hills, CA 92653
Request: To revise a tentative parcel map previously approved by the Zoning
Administrator to subdivide one (1) parcel of land into three (3) parcels.
The previous approval required reciprocal parking and driveway easements
throughout the site, while, the revision depicts reciprocal access easements
on the entrance driveways only.
Location: 15622 to 15702 Producer Lane
Jane Madera, Staff Planner reported that this application was previously approved by the Zoning
Administrator for a three lot subdivision of industrial property. The application for a tentative
parcel map similar to the current layout and included conditions of approval to require reciprocal
access and parking easement agreements throughout all three parcels. The applicant subsequently
appealed that condition that required reciprocal parking and driveway easements as well as a
condition that prohibited fencing from restricting any reciprocal parking access. That appeal is
still pending. The applicant has submitted a revised tentative parcel map that shows reciprocal
driveway easements and a site plan that shows how parking requirements can be met on each
individual parcel. Staff recommended approval of the request, with the condition that there is a
covenant on each individual parcel that restricts the uses to a mix of warehouse, manufacturing
and office that continues to meet the required parking on each individual parcel.
The applicant, Don Donaldson, was present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
ZA Minutes 4/13/94
TENTATIVE PARCEL MAP NO. 94-101 (Revised) 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 - TENTATIVE PARCEL MAP NO. 94-101 (REVISED):
1. The proposed subdivision of one (1) parcel into three (3) parcels for purposes of industrial
use is in compliance with the size and shape of property necessary for that type of
development.
2. The General Plan has set forth provisions for this type of land use as well as setting forth
objectives for implementation of this type of use.
The property was previously studied for this intensity of land use at the time the land use
designation for 100-M1-A-20,000 allowing restricted manufacturing uses with a minimum
of 100 feet of lot frontage and a minimum of 20,000 square feet of lot area was placed on
the subject property.
4. The size, depth, frontage, street width and other design and improvement features of the
proposed subdivision are proposed to be constructed in compliance with standards plans and
specifications on file with the City as well as in compliance with the State Map Act and
supplemental City Subdivision Ordinance. Reciprocal driveway and access easements
between the parcels are provided on the map.
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 94-101 (REVISED)
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS(S)
FOR ANY PURPOSE
Tentative Parcel Map No. 94-101 (Revised) received by the Department of
Community Development on March 28, 1994 shall be the approved layout (with the
amendments as noted thereon).
2. A parcel map shall be filed with and approved by the Department of Public Works
and recorded with the Orange County Recorder. A copy of the recorded parcel map
shall be filed with the Department of Community Development.
3. Prior to final recordation of the parcel map, the subject property shall enter into
irrevocable reciprocal driveway easements between all three (3) parcels. A copy of
the legal instrument shall be approved by the City Attorney as to form and content,
and when approved, shall be recorded in the office of the County Recorder. A copy
shall be filed with the Department of Community Development prior to occupancy.
ZA Minutes 4/13/94 9
4. The properties shall be maintained in such a manner that no fencing shall be installed
that will preclude reciprocal driveway access unless approved by the City of
Huntington Beach.
5. The tenant parking, square footage, and use matrix received and dated March 28,
1994 shall be the conceptually approved allocation list. The applicant/property
owner shall submit a covenant for each of the three (3) parcels which restricts the
uses in compliance with City of Huntington Beach parking requirements. The
covenants shall be recorded at the County of Orange Recorder's office prior to
release of the final parcel map by the City of Huntington Beach. The property
owner shall be responsible for an update to the tenant allocation list (submitted to
the Community Development Department) each time a new Certificate of
Occupancy request for any of the buildings is made.
6. Prior to recordation of this parcel map, the surveyor/engineer preparing the map
shall tie the boundary of the map into the Horizontal Control System established by
the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the
Orange County Subdivision Code and Orange County Subdivision Manual,
Subarticle 18.
7. Prior to recordation of this parcel map, the surveyor/engineer preparing the map
shall submit to the County Surveyor a digital -graphics file of said map in a manner
described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code
and Orange county Subdivision Manual, Subarticle 18.
8. All vehicular access rights to Producer Lane shall be released and relinquished to
the City of Huntington Beach except at locations approved by the Zoning
ITEM 5: COASTAL DEVELOPMENT PERMIT NO.94-4
Applicant: Josef Baier
377 W. Baristo Road
Palm Springs, CA 92262
Request: To permit the remodel and 387 square foot first floor addition along with a
455 square foot second floor addition to an existing two (2) story single
family residence pursuant to Section 989.5.3(b) of the Huntington Beach
Ordinance Code.
Location:
16452 Barnstable Circle
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ZA Minutes 4/13/94 10
Jane Madera, Staff Planner reported that this application was a request for a Coastal Development
Permit to add more than ten (10%) to an existing home adjacent to the channel. The request
includes converting the existing side entry garage to a front entry garage. The additions include a
new proposed entry addition on the first floor, and some additions in the rear as well as additions
on the second story. The project meets open space and parking requirements. Staff
recommended approval with a minimum five (5) foot setback to the rear.
THE PUBLIC HEARING WAS OPENED
The applicant, Josef Baier was present and concurred with staffs recommendation with the
exception of the five (5) foot setback as opposed to four and one-half (4 1/2 ) foot setback. He
stated that residents in the area have already encroached upon the setback and built all the way to
the sea wall.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
COASTAL DEVELOPMENT PERMIT NO.94-4 WAS APPROVED 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) WORKING DAYS.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 94-4:
1. Coastal Development Permit No. 94-4 to permit the remodel and 387 square foot first
floor addition and 455 square foot second floor 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 floor additions will
not impact public views or access.
2. Coastal Development Permit No. 94-4 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 including Article 911 of
the Huntington Beach Ordinance Code.
3. At the time of occupancy, the proposed remodel and 842 square foot 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 842 square foot 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.
ZA Minutes 4/13/94 11
SPECIAL CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 94-4:
1. The site plan, floor plans, and elevations received and dated March 9, 1994 shall be the
conceptually approved layout with the following modifications:
a. The proposed additions in the rear yard shall maintain a minimum five (5) foot
setback from the property line.
2. A revised set of plans indicating the modifications above shall be submitted to the
Community Development Department.
3. All proposed dock and ramp improvements shall require separate permits for the
improvements located within the public waterways.
4. All proposed cantilevered deck improvements require separate permits for the
improvements.
5. 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.
6. Proposed structures shall be architecturally compatible with existing structures.
7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and
central heating units.
8. Low -volume heads shall be used on all spigots and water faucets.
9. The applicant shall install a backflow device.
10. 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.
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.
ZA Minutes 4/13/94 12
3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No.
94-4 if any violation of these conditions of the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 2:25 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 20, 1994 AT 6:00 PM.
Mike Strange
Zoning Administrator
:lp
ZA Minutes 4/13/94 13