HomeMy WebLinkAbout1994-07-13MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JULY 13, 1994 - 1:30 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER:
MINUTES:
ITEM 1: USE PERMIT NO.94-26
Jane Madera
The Minutes of the June 8, 15 and 22, 1994 Zoning
Administrator Meeting were approved.
Applicant: Lillian Connor
18021 Newland Street
Huntington Beach, CA 92646
Request: To permit an existing six (6) foot tall patio wall enclosure to remain within
six (6) feet of the front property line (maximum 42 inch height permitted or
15 foot setback required) pursuant to Section 9771 (1) of the Huntington
Beach Ordinance Code.
Location: 18021 Newland Street
Jane Madera, Staff Planner reported that this application was a request for a use permit to permit
an existing six (6) foot tall patio enclosure wall to remain within the front yard setback of a
property zoned RI which has a fifteen (15) foot setback requirement. The existing patio
enclosure received a code enforcement violation notice in September 1993. The property owner
was requested to comply with code and obtain a building permit. The applicant submitted for a
use permit request which would allow them to keep the wall in the front yard setback area. Staff
recommended denial of this request based on incompatibility with other surrounding properties in
the vicinity and stated it would set a precedent to permit setback encroachments in the area. Staff
reported that the applicant submitted signatures from approximately 35 people in the
neighborhood that support approval of the enclosure.
THE PUBLIC HEARING WAS OPENED.
The applicant's representative, James Foley was present and spoke in support of this request
stating that this wall was constructed because of noise and security for applicant's two (2) year
old child. He also stated that there is an eight (8) foot wall surrounding the condominiums across
the street and that the wall is located on the property line.
Lorili Fall, resident from across the street, spoke in favor of this request. She stated that before
the wall was constructed the applicant could view directly into her bedroom.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED.
USE PERMIT NO.94-26 WAS APPROVED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING FINDINGS AND CONDITIONS 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 -USE PERMIT NO. 94-26:
Use Permit No. 94-26 to permit an existing six (6) foot tall patio enclosure wall to remain
within six (6) feet of the front property line will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. There are no
driveways in front of the subject home or the adjacent properties, therefore the wall
within the front setback will not impede traffic or pedestrian visibility. Approval of
this request will permit the existing wall to remain and will increase the resident's
privacy, security and decrease noise impacts.
b. Property and improvements in the vicinity of such use or building. A petition signed
by approximately 35 adjacent property owners supported the request and a
condominium homeowner directly across Newland from the site supported the
request because the wall is aesthetically pleasing and protects her privacy as well.
2. The granting of Use Permit No. 94-26 will not adversely affect the General Plan of the
City of Huntington Beach. The patio enclosure within the front setback is 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, floor plans, and elevations received and dated June 15, 1994 shall be the
conceptually approved layout.
2. The six (6) feet of property between the patio enclosure wall and the front property line
shall be permanently landscaped and maintained in a neat and clean manner. The patio
ZA Minutes 7/13/94 2
enclosure wall shall be maintained in a compatible color consistent with the color of the
house.
3. The applicant shall submit for a building permit within 30 days of the end of the appeal
period. The building permit shall be finaled within 90 days of the end of the appeal period.
4. The Zoning Administrator shall be notified in writing if any changes in building height,
setbacks, or elevations 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.
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
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 94-26 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 2: USE PERMIT NO. 94-22 WITH SPECIAL PERMIT/CONDITIONAL
EXCEPTION (VARIANCE) No. 94-5/NEGATIVE DECLARATION NO. 94-5
Applicant: Louie Hernandez/The Louie Group
19312 Harding Lane
Huntington Beach, CA 92646
Request: USE PERMIT: To permit the construction of a new 7,000 square foot property
management office/distribution center pursuant to Section 9220.1 (c) R of the
Huntington Beach Ordinance Code. The use permit application includes a request
for a six (6) foot tall wrought iron perimeter fence with sliding electronic security
gate within the front setback pursuant to Section 9604.2. The application also
includes a special permit for twenty (20) percent of the parking stalls to be
compact in size pursuant to Section 9606.3.
ZA Minutes 7/13/94
CONDITIONAL EXCEPTION (VARIANCE): To permit an eight (8) foot, six
(6) inch wide landscape planter along the streetside property lines in -lieu of the ten
(10) foot wide planter required pursuant to Section 9607.3 of the Huntington
Beach Ordinance Code.
Location: 16862 A Street
Jane Madera, Staff Planner reported that this application was a request to construct a 7,000
square foot office building and property management business for G & M Oil. Staff reported that
associated with this request is a Negative Declaration for compliance with the California
Environmental Quality Act. The Environmental Assessment Committee recommended approval
of a Negative Declaration for the project. Staff reported that the use permit request includes a
special permit for compact parking for seven (7) parking stalls. Staff also reported that applicant
is requesting a conditional exception for reduced landscaping planters width along two (2)
property lines. Staff presented a site plan of the project which showed the areas that will be
dedicated to the City for street widening purposes. Staff also reported that applicant is requesting
a six foot tall wrought iron fence with sliding gate to surround the property. Staff supported
construction for the building and the Special Permit for compact parking stalls. Staff also
supported the variance for reduced landscaping along Rubidoux because of the substantial
dedication of the property to the City. Staff did not support the landscaping variance along "A"
Street. Staff also recommended denial of the wrought iron fence. Staff recommended approval
of the various aspects of the building construction as identified above including a condition of
approval to modify the building to meet the required corner cut-off at the intersection of the
driveway and the alley.
THE PUBLIC HEARING WAS OPENED
The applicant, Jim Gray, was present and spoke in opposition of staff recommended denial for
the wrought iron fence and sliding gate stating that because of the undeveloped surrounding area
they wanted this fence for security purposes.
Louie Hernandez, Applicant was present and spoke in opposition to staffs denial of the
landscaping variance on "A" Street stating that other businesses in the area also have reduced
landscaping.
Margie Hunt, property owner on `B" Street, questioned how much property would be required to
be dedicated on Rubidoux and was concerned that the street improvements would cause traffic
impacts to the existing house.
Tom Andrusky was present and spoke in support of the project.
There were no other persons present to speak for or against the request.
THE PUBLIC HEARING WAS CLOSED
ZA Minutes 7/13/94 4
USE PERMIT NO.94-22 WITH SPECIAL PERNIIT/CONDITIONAL EXCEPTION
(VARIANCE) NO.94-8/NEGATIVE DECLARATION 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. 94-22 WITH SPECIAL PERMIT:
1. Use Permit No. 94-22 for the establishment, maintenance and operation of the 7,000
square foot property management office with a five (5) foot tall sliding electronic wrought
iron security gate within the front setback, will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. Although
surrounding properties to the south and east are presently occupied with residential
uses, they are legal non -conforming uses as the current zoning is C4-Highway
Commercial. The wrought iron fence will provide security for the building in
evening hours as the area is undergoing a transition from residential to commercial
and the typical protection provided in a commercial center is not yet in place. The
special permit for compact parking will not impede traffic circulation or parking at
the site.
b. Property and improvements in the vicinity of such use or building. The property
owner will be required to dedicate and improve a substantial area adjacent to the
subject property. Robidoux Drive, A Street, and the alley will be widened and
curb and gutters will be constructed where there currently is none. The applicant
will comply with standard street improvement plans which require implementation
of barricades and reflectors in order to protect the adjacent property from vehicle
damage after the widening of Robidoux Drive. The special permit for compact
parking results in an approved project design as the shorter stalls allow greater
maneuverability adjacent to the truck roll -up door.
2. The granting of Use Permit No. 94-22 will not adversely affect the General Plan of the
City of Huntington Beach. The 7,000 square foot property management office is
consistent with the goals and objectives of the General Commercial Land Use designation
of the General Plan which permits this type of professional office development.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 94-8:
1. The granting of Conditional Exception No. 94-8 for a one (1) foot reduction in landscape
planter along the street -side property lines (nine [9] feet in lieu of ten [10] feet) will not
constitute a grant of special privilege inconsistent upon other properties in the vicinity and
under an identical zone classification. The landscaping will be consistent with other
properties in the vicinity.
ZA Minutes 7/13/94 5
2. Because of special circumstances applicable to the subject property, including size,
location and 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 property is required to dedicate a substantial
portion of land towards street widening purposes. Fourteen (14) feet will be dedicated off
a Robidoux Drive, five (5) feet off of A Street, and two and one-half (2 1/2) feet off of the
alley. Even though three (3) lots will be consolidated for this project, the required
dedications substantially reduces the flexibility of design. In addition, a flood control
channel is located to the north of the subject property across Robidoux. The reduction in
landscaping will not affect the aesthetic quality of the flood control channel.
The granting of Conditional Exception No. 94-8 is necessary in order to preserve the
enjoyment of one or more substantial property rights. With the approval of the variance,
the applicant will construct an approximately 7,000 square foot property management
office building. The owner and proposed tenant, G & M Oil, will be able to maintain their
business in Huntington Beach as they are currently located in the north west section of the
city.
4. The granting of Conditional Exception No. 94-8 will not be materially detrimental to the
public welfare, or injurious to property in the same zone classifications. The one (1) foot
reduction in landscape planter width will have no negative visual or safety impacts.
5. The granting of Conditional Exception No. 94-8 will not adversely affect the General Plan
of the City of Huntington Beach. The General Plan allows for this type of development
with landscape reductions.
SPECIAL CONDITIONS OF APPROVAL:
The site plan, floor plans, and elevations received and dated July 7, 1994 shall be the
conceptually approved layout with the following modifications:
a. A 7.5' X 7.5' corner cut-out for traffic visibility shall be designed into the building
at the intersection of the alley and the driveway for traffic safety and visibility.
b. An additional one-half foot landscape planter shall be included along A Street and
along Robidoux Drive. The total landscape planter width shall be nine (9) feet
wide allowing for a maximum two and one-half (2 1/2) foot vehicle overhang.
C. The height of the wrought iron fencing and security gate shall be a maximum of
five (5) feet tall. The security gates shall remain open during business hours.
d. The handicapped parking stall shall be relocated so that the special striping
matches up with the main entry on the west side of the building.
ZA Minutes 7/13/94 6
e. Special architectural treatment; such as `a reveal band or accent paint stripes shall
be incorporated on all four (4) sides of the building.
2. Revised site plan, floor plans, and elevations shall be submitted depicting the modifications
described above.
3. Prior to issuance of building permits, the following plans and items shall be submitted
and/or completed by the applicant:
a. A parcel map consolidating the three (3) subject lots to the Community
Development Department. Said map shall be recorded with the County of Orange
Recorder prior to the final inspection and a copy of the recorded map submitted to
the Department of Community Development for inclusion in the entitlement file.
b. Rooftop Mechanical Equipment Plan if any exterior equipment is proposed. Said
plan shall indicate screening of all rooftop mechanical equipment and shall
delineate the type of material proposed to screen said equipment.
c. A Landscape Construction Set submitted to the Department of Public Works. The
landscape construction set shall include a landscape plan prepared and signed by a
State Licensed Landscape Architect which includes all proposed/existing plant
materials (location, type, size, quantity), irrigation plan, grading plan and approved
site plan, and copy of conditions of approval. The landscape plan shall be in
conformance with Section 9607 of the Huntington Beach Ordinance Code. The
set must be complete and approved by both Community Development and Public
Works departments prior to issuance of building permits.
d. The subject property shall enter into an offer for irrevocable reciprocal driveway
and parking easement(s) between the subject site and adjacent properties. 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.
e. All utility apparatuses such as but not limited to backflow devices and Edison
transformers, shall be prohibited in the front yard and exterior sideyards unless
properly screened by approved landscaping or any other method approved by the
Director of Planning. In no case shall they be within the setback areas along
Pacific Coast Highway. All such apparatuses shall be depicted on the site plan
prior to issuance of building permits.
f. Colored elevations, a materials palette board, and a scale model shall be reviewed
and approved by the Design Review Board.
ZA Minutes 7/13/94 7
g. The applicant shall obtain final approval for the location and mechanism of the
sliding gate from the Traffic Division of the Public Works Department prior to
issuance of building permits. The five (5) foot tall wrought iron fence and security
gate shall remain open for access during business hours.
4. Installation of required landscaping and irrigation systems shall be completed prior to final
inspection.
5. Maximum separation between building wall and property line shall not exceed two inches
(211).
6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers.
7. 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.
8. Low -volume heads shall be used on all spigots and water faucets.
9. 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.
10. Public Works requirements:
a. A landscape and grading plan shall be submitted for review and approval prior to
issuance of building permits.
b. A parcel Map shall be required for the purpose of consolidating three lots into one
parcel.
C. The following dedications shall be required:
1. 14 feet off of Rubidoux St.
2. 5 feet off of "A" St.
3. 2 1/2 feet off of alley
4. 21 foot radius at the corner of "A" and Rubidoux Streets
d. Construct new curb, gutter, sidewalk, and paving to centerline of "A" St.,
Rubidoux St., and alley, adjacent to project. Pavement design shall be for a 20
year service life.
e. Construct one-half cross gutter on Rubidoux St.
f. Remove and relocate existing power poles as necessary.
ZA Minutes 7/13/94
g. Construct 27 foot wide'radius'typd`driveway on "A" St.
h. All Public Works fees to be paid prior to issuance of building permits.
The Traffic Impact Fee shall be paid at the time of final inspection or certificate of
occupancy.
11. Fire Department Requirements:
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 - A fire alarm system will be installed to comply with
Huntington Beach Fire Department and Uniform Fire Code Standards. Shop
drawings will be submitted to and approved by the Fire Department prior to
installation. The system will provide the following:
• Water flow, valve tamper and trouble detection
• 24 hour supervision
C. NOTE ON PLANS - Fire extinguishers will be installed and located in areas to
comply with Huntington Beach Fire Code Standards.
d. NOTE ON PLANS - One (1) fire hydrant will be installed prior to combustible
construction. Shop drawings will be submitted to the Public Works Department
and approved by the Fire Department prior to installation.
e. NOTE ON PLANS - Address numbers will be installed to comply with City
Specification #428. The size of the numbers will be the following:
The number for the building will be sized a minimum of ten (10) inches
with a brush stroke of one and one-half (1-1/2) inches.
f. NOTE ON PLANS - Exit signs and exit path markings will be provided in
compliance with the Huntington Beach Fire Code and Title 24 of the California
Administrative Code.
g. NOTE ON PLANS - The project will comply with all provisions of the Huntington
Beach Fire Code and City Specification #422 and #431 for the abandonment of oil
wells and site restoration.
ZA Minutes 7/13/94 9
h. NOTE ON PLANS - The project will comply with all provisions of Huntington
Beach Municipal Code Title 17.04.085 and City Specification #429 for new
construction within the methane gas overlay districts.
12. The Zoning Administrator shall be notified in writing if any changes in building height,
floor area, setbacks, building elevations or parking 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.
13. 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 applicant shall obtain any necessary permits from the South Coast Air Quality
Management District.
4. A review of the wrought iron fence and gate use shall be conducted within five (5) years
of the date of this approval to verify the appropriateness of the fence and gate at that time.
The gate and the property shall be compared with the use of the surrounding properties.
If substantial recycling from residential to commercial has taken place in the
neighborhood, then the security fence and gate shall be removed. The review and
determination shall be conducted by the Planning staff. The property owner shall retain
the right to appeal staff s decision to the Zoning Administrator.
5. The Zoning Administrator reserves the right to revoke Use Permit 94-22/Conditional
Exception No. 94-8/Negative Declaration 94-5 if any violation of these conditions of the
Huntington Beach Ordinance Code occurs.
ITEM 3: USE PERMIT NO. 94-44
Applicant: Keith Hatch
Commercial Services
2240 East Miraloma, Suite B
Anaheim, CA 92807
ZA Minutes 7/13/94 10
Request: To permit an eight "(8) foot tall wrought iron fence with brick pilasters
(maximum six foot tall wall permitted) around the perimeter of the Cabo
Del Mar Condominiums pursuant to Section 9771 (1) of the Huntington
Beach Ordinance Code.
Location: 5096 Tortuga Drive
Jane Madera, Staff Planner reported that this application was a request to permit an eight (8) foot
tall wrought iron fence with brick pilasters around the perimeter of the Cabo Del Mar
Condominiums to increase security provisions at the complex. Staff recommended approval of
the request.
THE PUBLIC HEARING WAS OPENED
There were no persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED
USE PERMIT NO. 94-44 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. 94-44:
1. Use Permit 94-44 for construction of an eight (8) foot tall wall around the south perimeter
of the Cabo Del Mar condominium complex will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The taller wall will
protect the security of the residents in the Cabo Del Mar condominium complex. The
wall will be constructed of see -through wrought iron with masonry pilasters and will
be compatible with other existing perimeter fencing at the complex.
b. Property and improvements in the vicinity of such use or building. The new wall will
not alter existing improvements in the area.
2. The granting of Use Permit No. 94-44 will not adversely affect the General Plan of the
City of Huntington Beach. The eight (8) foot tall perimeter wall is consistent with the
goals and objectives of the Medium High Density Residential Land Use designation of the
General Plan.
ZA Minutes 7/13/94 11
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated May 27, 1994 shall be the
conceptually approved layout.
2. The majority of the wall shall remain see -through wrought iron. No heavy landscaping or
solid material shall obstruct the visibility of the wall.
3. The maximum height of the wall at any point, including the masonry pilasters, shall be
eight (8) feet.
4. The Zoning Administrator shall be notified in writing if any changes in wall height or wall
elevations 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.
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
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 94-44 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, JULY 20, 1994 AT 6:00 PM.
Mike Strange
Zoning Administrator
:lp
ZA Minutes 7/13/94 12