HomeMy WebLinkAbout1994-12-071
11
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DECEMBER 7, 1994 - 6:00 P.M.
ZONING ADMINISTRATOR: Michael Strange
STAFF MEMBER: Jane Madera, Wayne Carvalho
MINUTES: Approved November 9, 16 and 23, 1994 Minutes.
ITEM 1: SPECIAL SIGN PERMIT NO. 94-4
Applicant: Award Sign Company
19465 Brookhurst Street
Huntington Beach, CA 92648
Request: To allow Baskin Robbins existing sign faces to remain on an
existing 20 foot high, 56 square foot freestanding pole sign, and
in two (2), 45 square foot cabinet wall signs pursuant to Section
9610.7 of the Huntington Beach Ordinance Code. The new
sign faces incorporate Baskin Robbins most recent corporate
logo/design change.
Location:
19465 Brookhurst Street
(west side, north of Yorktown Avenue)
Wayne Carvalho, staff planner, stated that this was a request to allow Baskin Robbins existing
sign faces to remain on an existing pole sign. This request is a result of a code enforcement
violation for necessary permits. Staff recommended that the pole sign remain for a two year
period and then to be incorporated into the existing multi -tenant sign within the center.
THE PUBLIC HEARING WAS OPENED.
The applicant, Dennis Stout, was present and spoke in opposition to removing the pole sign in
two years since they have maintained this sign over a period of years.
The owner of the business, Stan Burdoux, spoke in opposition to removing the sign.
Tom Andrusky, Economic Development, was present and spoke in favor of the applicant and
owner of the business and stated that the City should do all they can to support the business of
Huntington Beach.
Barry Elderbrook, business owner, was present and was concerned about limited signage in the
future for his business.
Dick Harlow, Chamber of Commerce Sign Committee, spoke in favor of the applicant keeping
this sign and stated that this was a critical issue for the City Council Sign Code Sub -Committee.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED.
SPECIAL SIGN PERMIT 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.
FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 94-4:
1. Due to the unique circumstances applicable to the sign, immediate alteration, removal or
replacement of the sign will result in an economic hardship. The existing sign is located in a
three (3) foot wide landscape planter which precludes a monument type sign.
2. Strict compliance with Chapter 233 will result in a substantial economic hardship to the
applicant. With the conditions imposed, the existing sign will be removed or modified to
comply with code within a five (5) year period.
3. The existing 20 foot high, 56 square foot pole sign will not adversely affect other signs in the
area. Furthermore, the proposed sign identifying Baskin Robbins will not obstruct pedestrian
or vehicular traffic vision.
4. The existing pole sign will not be detrimental to property located in the vicinity of such sign;
and will be compatible with the surrounding area. The sign will be in keeping with the
character of the surrounding neighborhood.
CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO.94-4:
1. The site plan and sign elevations received and dated September 21, 1994 shall be the approved
layout.
ZA Minutes 12/7/94 2
2. The existing 20 foot high freestanding pole identifying "31 Baskin Robbins" shall be removed
within five (5) years from the date of this approval. All signs shall be required to comply with
the Huntington Beach Ordinance Code in effect at the time.
3. Building and electrical permits shall be obtained within 21 days from the date of this approval;
all permits shall be finalized within 30 days from the date of permit issuance.
4. A planned sign program shall be submitted within one (1) year from the date of this approval
to incorporate the design of all freestanding and wall signs into a coordinated sign program.
The proposed sign criteria shall be submitted to the Department of Community Development
for review and approval.
5. The Zoning Administrator reserves the right to rescind Special Sign Permit No 94-4 in the
event of any violation of the terms of the applicable zoning laws. Any such decision shall be
preceded by notice to the applicant and a public hearing, and shall be based on specific
findings.
ITEM 2: SPECIAL SIGN PERMIT NO.94-5
Applicant: Patrick Faranal
13489 Slover, Bldg. B
Fontana, CA 92337
Request: To permit the installation of a 19 foot high, 45 square foot free-standing
pole sign to identify "Used Cars" in addition to the existing 20 foot high
free-standing identification sign ("Toyota") pursuant to Chapter
233.06(c) of the Huntington Beach Zoning Sign Ordinance.
Location: 18921 Beach Blvd.
Staff Planner, Wayne Carvalho, stated that this was a request to permit installation of a 19 foot
high, 45 square foot freestanding pole sign for Bill Maxey Toyota on Beach Blvd. Staff presented
a site plan and pictures of the project. Design Review Board recommended approval of a 12 foot
high sign. Staff recommended approval of a 7 foot high monument sign with findings and
conditions.
THE PUBLIC HEARING WAS OPENED
The applicant, Pat Faranal, was present and reiterated that he would like the request to remain as
originally requested with a 19 foot high pole sign.
Roy Richardson was present and concurred with applicant's request.
ZA Minutes 12/7/94 3
Jack Caswell, manager of Bill Maxey Toyota, Huntington Beach, was present and stated that they
would prefer to remove the temporary signs and replace them with a 19 foot high pole sign.
Dick Harlow, Chamber Commerce Sign Committee, spoke in favor of the applicant.
Dave Garfalo was present and spoke in favor of applicant's request.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED.
SPECIAL SIGN PERMIT NO. 94-5 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION
WITHIN TEN (10) CALENDAR DAYS.
FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO.94-5:
1. The proposed 15 foot high, 45 square foot freestanding pole sign will not be detrimental to
property located in the vicinity of such sign; and will be compatible with the surrounding area.
The pole sign will be located in a ten foot wide landscape planter and is designed to be
compatible with the existing Toyota pole sign.
2. The proposed pole sign identifying "Toyota Used Cars" will not adversely affect other signs in
the area. The sign will be in keeping with the character of the surrounding neighborhood and
is compatible with other car dealerships on Beach Boulevard.
3. Strict compliance with Chapter 233 will result in a substantial economic hardship to the
applicant. With the conditions imposed, the new freestanding sign will replace the temporary
signage for the Toyota dealership.
4. The proposed sign at 18921 Beach Boulevard will not obstruct pedestrian or vehicular traffic
vision. In addition, the proposed sign will not impact other signs on adjacent properties.
CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 94-5:
1. The site plan and site elevations received and dated October 25, 1994 shall be the approved
layout with the following modifications:
a. The maximum height of the sign shall not exceed 15 feet measured from the adjacent
sidewalk.
b. The sign shall be located 20 feet from the southerly property line.
ZA Minutes 12/7/94 4
2. All temporary signs including banners, pennants, flags and car top signs shall be permanently
removed.
3. The Planning Commission reserves the right to rescind Special Sign Permit No. 94-5 in the
event of any violation of the terms of the applicable zoning laws. Any such decision shall be
preceded by notice to the applicant and a public hearing and shall be based on specific
findings.
ITEM 3: TENTATIVE PARCEL MAP NO.94-193
Applicant/ Seacliff Development Company
Property Owner: P.O. Box 269
Huntington Beach, CA 92648
Request: To subdivide one (1) parcel of land into two (2) parcels for residential
purposes pursuant to Section 9930 of the Huntington Beach Ordinance
Code.
Location: 1101 Alabama Street
Jane Madera, staff planner, stated that this was a request to subdivide one (1) parcel of land into
two (2) parcels for residential purposes. Staff presented site plan and pictures of the subject
property. Staff explained that the stub of Knoxville Avenue had been vacated to the adjacent
property owners by the city. In order to reestablish the subject property as two (2) distinct lots
the property owner applied for the subdivision. Staff recommended approval with findings and
conditions.
The applicants, Robert and Pamela Corona, were present and concurred with staffs
recommendation.
TENTATIVE PARCEL MAP NO. 94-193 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.
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO. 94-193:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS(S)
FOR ANY PURPOSE
1. Tentative Parcel Map No. 94-193 received by the Department of Community
Development on October 13, 1994 shall be the approved layout.
ZA Minutes 12/7/94 5
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 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.
4. 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.
ITEM 4: WAIVER OF PARCEL MAP NO.94-194
Applicant/
Ron Beard
Property Owner:
5120 Birch Street, First Floor
Newport Beach, CA 92660
Request:
Waiver of Parcel Map No. 94-194 which includes the consolidation of four
(4) parcels of land into one (1) parcel for commercial purposes pursuant to
Section 9920.1 of the Huntington Beach Ordinance Code.
Location:
16091 Beach Boulevard
Jane Madera, staff planner, stated that this was a request to comply with a previous use permit
condition of approval and consolidate four parcels of land into one parcel for commercial
purposes. The applicant/property owner complies with the standards to waive the final map
process as all dedications and improvements have been completed. Staff recommended approval
with findings and conditions.
WAIVER OF PARCEL MAP NO. 94-194 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 - WAIVER OF PARCEL MAP NO. 94-194:
1. The proposed consolidation of four (4) lots into one (1) for commercial purposes complies
with the requirements as to area, improvements and design, flood and water drainage
control, appropriate and approved public roads, sewer and water facilities, environmental
protection, and other requirements of Article 992 of the Huntington Beach Ordinance
Code.
ZA Minutes 12/7/94 6
CONDITIONS OF APPROVAL - WAIVER OF PARCEL MAP NO. 94-194:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS(S)
FOR ANY PURPOSE
1. Waiver of Parcel Map No. 94-194 received by the Department of Community
Development on October 11, 1994 shall be the approved layout.
2. A plat 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 plat map shall
be filed with the Department of Community Development.
3. The applicant shall record a Certificate of Compliance, a "Covenant to hold
properties as one parcel, " and the approved plat map with the Orange County
Recorder's Office. A copy of the recorded covenant shall be filed with the
Department of Community Development prior March 27, 1995 (in accordance with
conditions of approval of Use Permit 94-46/Conditional Exception 94-25).
4. All vehicular access rights along Beach Boulevard shall be released and relinquished
to the City of Huntington Beach except at locations approved by the Zoning
Administrator.
ITEM 5: USE PERMIT NO. 94-83
Applicant: Michael Kramer
Taste and See, Inc.
19674 Beach Boulevard
Huntington Beach, CA 92647
Request: To permit the establishment of two (2) outdoor tables at an existing frozen yogurt
and coffee shop pursuant to Section 9220.1 (c)(r) of the Huntington Beach
Ordinance Code.
Location: 19674 Beach Boulevard
Jane Madera, staff planner, stated that this was a request to permit the establishment of two (2)
outdoor tables at an existing frozen yogurt and coffee shop. Staff presented a site plan and
pictures of the location and stated the tables would have no effect on sidewalk/pedestrian
circulation and would not block access to other businesses in the area. Staff recommended
approval with findings and conditions.
THE PUBLIC HEARING WAS OPENED.
Applicant, Michael Kramer, was present and concurred with staffs recommendation.
There were no other persons present to speak for or against this request.
ZA Minutes 12/7/94 7
THE PUBLIC HEARING WAS CLOSED.
USE PERMIT NO. 94-83 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. 94-83:
1. Use Permit No. 94-83 for the establishment, maintenance and operation of the two (2)
outdoor tables with ten (10) chairs at an existing shopping center will not be detrimental
to:
a. The general welfare of persons residing or working in the vicinity. There will be
substantial area between the edge of the tables/chairs and the curb to maintain
adequate pedestrian circulation and emergency personnel access. Adequate
parking can be provided for the two (2) outdoor tables as the center has a surplus
of parking available. (898 spaces required; 921 spaces provided). The two (2)
tables will not block or impede access to any other business in the center.
b. Property and improvements in the vicinity of such use or building. The two (2)
outdoor tables will not alter or affect any existing improvements in the vicinity.
2. The granting of Use Permit No. 94-83 will not adversely affect the General Plan of the
City of Huntington Beach. The establishment of two (2) outdoor tables is consistent with
the goals and objectives of the General Commercial Land Use designation of the General
Plan.
SPECIAL CONDITIONS OF APPROVAL:
The site plan and floor plan received and dated October 25, 1994 shall be the conceptually
approved layout.
2. A maximum of two (2) tables and ten (10) chairs may be provided.
3. The Zoning Administrator shall be notified in writing if any changes in building height,
floor area, setbacks, building elevations or open space are proposed as a result of the plan
check process. Building permits shall not be issued until the Zoning Administrator has
reviewed and approved the proposed changes. The Zoning Administrator reserves the
right to require that an amendment to the original entitlement be processed if the proposed
changes are of a substantial nature.
4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing
sets submitted for plancheck.
ZA Minutes 12/7/94
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 94-83 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 6: USE PERMIT NO.94-71
Applicant: Pete and Gail Wachob
19412 Surfdale Lane
Huntington Beach, CA 92648
Request: To permit a six (6) foot tall wrought iron fence within seven (7) feet of the
front property line in lieu of the required fifteen (15) foot setback pursuant
to Section 9971 (1) of the Huntington Beach Ordinance Code.
Location: 19412 Surfdale Lane
Jane Madera, staff planner, stated that this was a request to permit a six (6) foot tall wrought iron
fence within seven (7) feet of the front property line in lieu of the required fifteen (15) foot
setback. Staff presented a site plan, pictures of the location and explained that the subject parcel
functions as a utility easement which will be acquired from Seacliff Partners by the applicant.
Staff recommended approval with findings and conditions.
THE PUBLIC HEARING WAS OPENED.
The applicant, Pete Wachob, was present and concurred with staffs recommendation.
Dick Hagee, Seacliff Partners, 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. 94-71 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 12/7/94 9
FINDINGS FOR APPROVAL -USE PERMIT NO. 94-71:
1. Use Permit No. 94-71 for the establishment of a six (6) foot tall wrought iron fence within
seven (7) feet of the front property line (15 foot setback required) will not be detrimental
to:
a. The general welfare of persons residing or working in the vicinity. The wrought
iron fence will be setback a minimum of seven (7) feet from the intersection of
driveways and the public right-of-way so as not to impede visual clearance of the
street and sidewalk when backing out of a driveway.
b. Property and improvements in the vicinity of such use or building. Private use of
the public utility easement can be accomplished with restrictions on landscaping,
insuring access to the easement with a gate, and providing a see -through wrought
iron so that maintenance/utility workers can maintain a visual survey of the
easement.
2. The granting of Use Permit No. 94-71 will not adversely affect the General Plan of the
City of Huntington Beach. The six (6) foot tall wall 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 December 16, 1994 shall be
the conceptually approved layout with the following modifications:
a. The site plan shall clearly show the existing walls to be removed and the ultimate
layout of the property.
2. A revised site plan shall be submitted depicting the modifications described above prior to
submittal for building permits.
3. The color of the wrought iron fence shall be painted to match the color of the house for
the life of the fence.
4. Prior to submittal of building permits for the wrought iron fence, applicant shall file a parcel
map to consolidate Lot 39 of Tract 7656 and Lot A of Tract 14044 or a covenant to hold
the parcels as one. Said map or covenant shall be recorded with the County of Orange
Recorder prior to the final inspection and a copy of the recorded map or covenant shall be
submitted to the Department of Community Development for inclusion in the entitlement file
within 120 days of this approval action (by April 6, 1995).
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
ZA Minutes 12/7/94 10
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. Vegetation or solid materials shall not be placed on the wrought iron fence so as to
obstruct site visibility.
7. 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 94-71 if any violation
of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 7: COASTAL DEVELOPMENT PERMIT NO. 94-3/USE PERMIT NO.94-9/
CONDITIONAL EXCEPTION (VARIANCE) NO.94-34
Applicant:
Karen Otis
16871 Sea Witch Lane
Huntington Beach, CA 92649
Property Owner:
Paul and Joyce Nikolau
1240 Masters Lane
Anaheim, CA 92804
Request:
Coastal Development Permit: To permit the remodel and new construction
of a 4,825 square foot two-story single family dwelling pursuant to Section
989.5.3 of the Huntington Beach Ordinance Code. Use Permit: To permit
the construction of a third story deck above the second story living area
pursuant to Section 9110.4 (b) (i) of the Huntington Beach Ordinance
Code. The application includes a request to construct a six (6) foot tall
wall within four (4) feet of the front property line in lieu of the fifteen (15)
foot setback required pursuant to Section 9771 (1) of the Huntington Beach
Ordinance Code. Conditional Exception: To permit an exterior staircase
from the ground to the third story roof deck where no exterior access is
permitted pursuant to Section 9110.4 (b) (3) of the Huntington Beach
Ordinance Code.
Location:
3382 Gilbert Street
ZA Minutes 12/7/94 11
Jane Madera, staff planner, reported that this was a request to construct a new 4,825 square foot
two-story single family dwelling, a third story deck and permit an exterior staircase from the
ground to the third story roof deck. Staff presented a site plan, pictures, and a model of the
proposed home. Staff recommended approval of the coastal development permit and use permit
and denial of the conditional exception. Staff recommended denial of the request for an outside
staircase to the third floor deck because of a lack of land related hardship findings.
THE PUBLIC HEARING WAS OPENED.
The applicant, Karen Otis, was present and disagreed with stafTs recommendation for denial of
the outside stairway. She explained that the open staircase would actually have less of a visual
impact on the adjacent neighbor because of the height and bulk of the structure that would be
required to enclose it. Ms. Otis, explained that the deck is required to provide a secondary exit
for health and safety reasons by the Building Department.
Fred Caper, resident, was present and questioned the reason for the outside stairs. His concern
was as to what his view of the stairs would be from his stairway which is located across the street
and at an angle from the subject's home.
Ruth Otis, resident, was present and opposed the project because she felt the area of the deck
should be reduced to eliminate the need for the secondary exit.
Mr. and Mrs. Nikolau, property owners, were present and discussed the merits of the project.
There were no other persons present to speak for or against this request.
THE PUBLIC HEARING WAS CLOSED.
COASTAL DEVELOPMENT PERMIT NO. 94-3/USE PERMIT NO. 94-9/
CONDITIONAL EXCEPTION (VARIANCE) NO. 94-34 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 - COASTAL DEVELOPMENT PERMIT NO. 94-3:
The request to permit the remodel and new construction of a 4,825 square foot two-story
single family residence with third story deck conforms with the plans, policies,
requirements and standards of the Coastal Element of the General Plan. The proposed
new construction of a 4,825 square foot two-story single family residence with third story
deck will not impact public views or access.
2. Coastal Development Permit No. 94-3 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. The proposed development will conform with
all applicable City codes.
ZA Minutes 12/7/94 12
3. At the time of occupancy, the proposed remodel construction of a 4,825 square foot two-
story single family residence with third story deck will be provided with infrastructure in a
manner that is consistent with the Coastal Element of the General Plan. All infrastructure
currently exists to the site.
4. The proposed remodel and construction of a 4,825 square foot two-story single family
residence with third story deck conforms with the public access and public recreation
policies of Chapter 3 of the California Coastal Act.
FINDINGS FOR APPROVAL -USE PERMIT NO. 94-9:
Use Permit 94-9 for the establishment, maintenance and operation of a third story deck
and a six (6) foot tall wall with a ten (10) foot front setback will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity. The third story
deck is compatible with other third story uses in Huntington Harbour and the deck
incorporates five (5) foot setbacks from the sides of the structure so as not to
infringe upon the privacy of adjacent residences. With the conditions of approval
imposed, the wall will be setback ten (10) feet from the front property line. The
wall will not impede visual clearance of the street and sidewalk when backing out
of the garage and it will be compatible with existing side entry garages that are
setback ten (10) feet from the front property line.
b. Property and improvements in the vicinity of such use or building. The new
structure with third story deck and the wall within the front setback will be
compatible with older and recently remodeled homes in the area.
2. The granting of Use Permit No. 94-9 will not adversely affect the General Plan of the City
of Huntington Beach. The third story deck and wall within the front setback is consistent
with the goals and objectives of the Low Density Residential Land Use designation of the
General Plan.
FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 94-34:
The granting of Conditional Exception No. 94-34 for an exterior staircase from the
ground to a third story deck will not constitute a grant of special privilege inconsistent
upon other properties in the vicinity and under an identical zone classification.
2. Because of special circumstances applicable to the subject property, including size, shape,
topography, 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.
ZA Minutes 12/7/94 13
3. The granting of Conditional Exception No. 94-34 is necessary in order to preserve the
enjoyment of one or more substantial property rights.
4. The granting of Conditional Exception No. 94-34 will not be materially detrimental to the
public welfare, or injurious to property in the same zone classifications.
The granting of Conditional Exception No. 94-34 will not adversely affect the General
Plan of the City of Huntington Beach.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated November 15, 1994 shall be
the conceptually approved layout with the following modifications:
a. The wall within the front yard shall be setback a minimum of ten (10) feet from the
front property line.
2. All proposed dock and ramp improvements shall require separate permits for the
improvements located within the public waterways.
3. All proposed cantilevered deck improvements require separate permits for the
improvements.
4. 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.
Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and
central heating units.
6. Low -volume heads shall be used on all spigots and water faucets.
7. The Public Works Department requirements are:
a. Install a backflow device.
b. The applicant shall pay all applicable Public Works fees.
8. The Fire Department requirements are:
a. Automatic sprinkler systems will be installed throughout to comply with Huntington
Beach Fire Department and Uniform Building code standards if the total square
footage of the house and the garage exceeds 5,000 square feet.
9. The Zoning Administrator shall be notified in writing if any changes in building height,
floor area, setbacks, building elevations or open space are proposed as a result of the plan
check process. Building permits shall not be issued until the Zoning Administrator has
ZA Minutes 12/7/94 14
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.
10. Conditions of approval shall be printed verbatim on the cover sheet of all working
drawings.
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.
3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No.
94-3/Use Permit No. 94-9/Conditional Exception No. 94-34 if any violation of these
conditions of the Huntington Beach Ordinance Code occurs.
THE MEETING WAS ADJOURNED AT 8:00 P.M. BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 14,1994 AT 1:30 PM.
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Mike Strange
Zoning Administrator
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ZA Minutes 12/7/94 15