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HomeMy WebLinkAbout1994-07-201 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DULY 20, 1994 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The Minutes of the July 6 and 13, 1994 Zoning Administrator meeting were approved. ITEM 1: NEGATIVE DECLARATION NO.94-6 Applicant: City of Huntington Beach Request: Acquisition of approximately 8,821 square feet of right-of-way and construction of street improvements including the installation of street, curb, gutter, and sidewalk along the street segments identified below. Location: South side of Garfield Avenue between Delaware Street and Safe Harbor Lane and the east side of Delaware Street from its intersection with Garfield Avenue approximately 125 feet to the north. Jane Madera, Staff Planner, reported that this request is for a Negative Declaration for the acquisition of approximately 8,821 square feet for street right-of-way and street improvements along Garfield. Staff reported that the Environmental Board submitted a written comment requesting further information about replacement of trees that will be removed within the right-of- way. Staff recommended a mitigation measure to require that any trees that are removed be replaced at a 2:1 ratio. Staff recommended approval with mitigation measures. The applicant, Tony Folaron was present and concurred with staff s recommendation. There were no other persons present to speak for or against this request. NEGATIVE DECLARATION NO.94-6 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MITIGATION MEASURES. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. MITIGATION MEASURES: 1. Prior to initiation of construction of street improvements, the Department of Public Works shall replace at a two to one (2:1) ratio all trees which will be removed as a result of the street improvement project. Replacement trees may be located on private property adjacent to the former tree locations or within the public right-of-way. 2. The applicant shall notify the City of Huntington Beach Fire and Police Departments of any street lane closures a minimum of 24-hours prior to initiation of street improvement activities. 3. The applicant shall submit and implement a construction traffic circulation plan identifying the routes which construction equipment and trucks will use to access and department from the area. The plan shall use routes which will generate the minimum number of circulation conflicts with residential, pedestrian, bicycle and vehicle traffic. ITEM 2: USE PERMIT NO.94-53 (TEMPORARY OUTDOOR EVENT) Applicant: Kenneth Tracy Request: To permit the temporary use of a 4,000 square foot tent for outdoor church services at Pacific Coast Community Church on August 19-21; August 26-28; and September 2-4, 1994 pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 17581 Newland Street Jane Madera, Staff Planner, reported that this request is for a temporary outdoor event to take place at Pacific Coast Community Church on Newland Street. This request is to have services in the tent during the summer months instead of the sanctuary to take advantage of the cool weather outside. Staff recommended approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. The applicant, David Rossi, with Pacific Coast Community Church 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.94-53 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. 94-53: 1. Use Permit No. 94-53 for the 21 day temporary outdoor church services in a 4,000 square foot tent will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The hours of services in the tent will occur no earlier than 10:00 a.m. and no later than 8:30 p.m. so as not to disrupt the adjacent residential homes to the west. In addition, the speakers located within the tent will be oriented east, as far away from the residences as possible. ZA Minutes 7/20/94 2 b. Property and improvements in the vicinity of such use of building. All parking for the church services will be provided on -site and personnel will be available to help direct traffic. 2. The granting of Use Permit No. 94-53 will not adversely affect the Medium Density Residential General Plan Land use Designation of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO. 94-53: 1. The site plan received and dated July 19, 1994 shall be the conceptually approved layout with the following modifications: a. The tent shall be located a minimum of twenty (20) feet from the front property line. 2. Use of the tent shall conform to the following: a. There shall be no concurrent use of the indoor church meeting rooms or sanctuary at the time services are held in the tent. b. All speakers shall be located inside the west end of the tent facing east. No speakers shall face the residential units to the rear. C. A minimum of three (3) personnel shall direct traffic from one-half hour before and after each service. One person shall be stationed at the entrance to the lot from Newland; one person shall be stationed at the entrance to the temporary lot; and one person shall be stationed within the temporary lot. d. All parking within thirty (30) feet of the tent shall be temporarily barricaded. e. 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 width of twenty-four (24) feet. 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 shall obtain all necessary electrical permits. 6. The applicant's request shall include necessary permits for temporary signs. 7. The proposed tent shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. 8. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. ZA Minutes 7/20/94 9. "No Smoking" signs shall be posted in conspicuous locations. 10. Four (4) 2a/10 be fire extinguishers shall be provided in locations specified by the Fire Department. 11. A minimum of two (2) exits shall be provided and maintained. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 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. 94-53 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 may result in denial of the request. ITEM 3: CONDITIONAL EXCEPTION (VARIANCE) NO.94-20 Applicant: James P. Gallagher Co., Inc. Request: To permit the construction of a 230 square foot room addition with a reduction in rear yard setback (10 foot minimum setback required, 9 foot setback proposed) and a reduction in open space (900 square foot minimum required, 717.5 square feet proposed) pursuant to Sections 9110.8 and 9110.9, respectively, of the Huntington Beach Ordinance Code. Location: 15472 Norwich Circle Jane Madera, Staff Planner, reported that this request is for an addition of a family room at the rear of a single family dwelling. Staff presented a site plan and floor plan of the project. The request proposes a reduction in the rear yard setback and also a reduction in open space. Staff reported that this house is unique, located on a cul-de-sac, and on an odd shaped lot. Staff stated that these conditions represent a hardship and recommended approval of the open space reduction. Staff does not feel, however, that the project warrants a reduction in the rear yard setback because a sizable room addition could be constructed in compliance with code. Staff recommended approval of the project with the condition that the addition be revised to meet the required rear yard setback of ten (10) feet. THE PUBLIC HEARING WAS OPENED. ZA Minutes 7/20/94 4 The applicant, David Gallagher was present and stated that there was a unique situation in this project. He also reported that the rear yard neighbors have twenty to twenty-five foot rear yard setbacks. The owners of the home, David and Liz Lucero were present and agreed with David Gallagher the applicant. Mr. Lucero stated that after several design revisions, the proposed family room addition must be constructed with the nine (9) foot rear yard setback in order to function as useable space. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL EXCEPTION (VARIANCE) NO.94-20 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 - CONDITIONAL EXCEPTION NO. 94-20: 1. The granting of Conditional Exception No. 94-20 for reduction in rear yard setback (9 feet in lieu of 10 feet) and reduction in open space (717.5 square feet in lieu of 900 square feet) will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Other properties in the area would be able to construct a similar or even larger room addition and still meet the code requirements. 2. Because of special circumstances applicable to the subject property, including size, shape, 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 located on a cul-de-sac and has an unusual shape. In order for the structure to meet the required garage setback, it was necessary to situate the house farther back on the lot than the surrounding residential homes. Because of the unique shape of the lot and the location of the residence, the property owner would not be able to construct the same improvements as other properties unless a variance is granted. 3. The granting of Conditional Exception No. 94-20 is necessary in order to preserve the enjoyment of one or more substantial property rights. The property owners will be able to construct a useable family room addition with the reduction in setback and open space. 4. The granting of Conditional Exception No. 94-20 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. An existing enclosed patio addition has been constructed in the same location as the proposed family room with a five (5) foot setback. However, no complaints from adjacent neighbors have been received regarding the existing structure and no adjacent property owners submitted any objections to this variance. ZA Minutes 7/20/94 5. The granting of Conditional Exception No. 94-20 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. 94-20 is sought and he will proceed to do so without unnecessary delay. b. The combination and relationship of one proposed use to another on site are properly integrated. The family room addition will be compatible with the existing home. c. Granting of reduction in open space minimum dimension and minimum open space area will not reduce the required total open space area (900 Square Feet). The subject property will provide 1,210 square feet of open space between the front and rear yard. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 29, 1994 shall be the conceptually approved layout. 2. 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. 3. The proposed addition shall be architecturally compatible with existing structures. 4. Low -volume heads shall be used on all spigots and water faucets. 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. 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 Conditional Exception No. 94-20 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 7/20/94 6 ITEM 4: USE PERMIT NO. 94-50 Applicant: Mark Shramek Request: To permit the construction of a rooftop deck above the second story plate line at an existing two-story single family dwelling pursuant to Section 9110.4 (b) (I) of the Huntington Beach Ordinance Code. Location: 6032 Jasonwood Drive Jane Madera, Staff Planner, reported that this request is to construct a third story deck above an existing two story home. The project includes a new entry way addition on the first floor, an extension to the garage, a new kitchen nook, and a second story addition above the garage with a two foot cantilever deck. Staff recommended approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. The applicant, Mark Shramek, was present and concurred with staff recommendation. Roger Norris and Martha Merritt, residents, asked if they could see the deck from their property. Staff invited the speakers up to view the site plan which showed the third story addition below the existing ridge line. Roger Norris and Martha Merrit had no objections to the third story addition after viewing the site plan. THE PUBLIC HEARING WAS CLOSED. There were no other persons present to speak for or against this request. USE PERMIT NO. 94-50 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. 94-50: 1. Use Permit No. 94-50, a request for a 306 square foot rooftop deck above the second story plate line, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The third story deck is set far enough forward on the lot so as not to impede privacy of the adjacent single family residences. The deck is set between two higher roof slopes and is surrounded by a 42" high solid masonry wall. The adjacent single family dwellings have no windows that will be affected by the third story deck. ZA Minutes 7/20/94 7 b. Property and improvements in the vicinity of such use or building. The third story deck will not decrease the value of adjacent properties and will not alter the existing improvements in the area. 2. The granting of Use Permit No. 94-50 will not adversely affect the General Plan of the City of Huntington Beach. The 306 square foot third story deck 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 8, 1994 shall be the conceptually approved layout with the following modifications: a. The note on the roof plan referencing, "deck above garage" shall be deleted. b. The plans shall include the following note: "Deck to be surrounded by a minimum 42" high solid stucco wall." 2. A revised site plan shall be submitted depicting the modifications described above. 3. 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. 4. Proposed additions shall be architecturally compatible with existing structures. 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. 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 94-50 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 11 1 ZA Minutes 7/20/94 1 THE MEETING WAS ADJOURNED AT 7:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY- SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DULY 27, 1994 AT 1:30 PM. Robert L. Franklin Acting Zoning Administrator 1p ZA Minutes 7/20/94 9