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HomeMy WebLinkAbout1994-12-14MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 14, 1994 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera, Kim Langel MINUTES: The December 7, 1994 Minutes were continued to the December 21, 1994, Zoning Administrator meeting.. ITEM 1: USE PERMIT NO. 94-67/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-27 Applicant: Glenn Barr 6331 Athena Drive Huntington Beach, CA 92647 Request: UP: To permit a remodel and addition to an existing single family dwelling with non -conforming setbacks pursuant to Section 9652 (b) of the Huntington Beach Ordinance Code. CE: To permit construction of a new garage with a three (3) foot front entry setback in lieu of the required twenty-two (22) foot minimum setback and to permit the existing building to encroach into the required site angle visibility area between the property line and the alley pursuant to Sections 9130.6 and 9773 (a), respectively, of the Huntington Beach Ordinance Code. Location: 223 Hartford Avenue Jane Madera, staff planner, stated that this was a request to demolish the existing garage and construct a new two (2) car garage and addition at an existing single family dwelling. Staff presented site plan and pictures of project and explained that the room addition would be constructed along existing non -conforming setbacks. In addition, the present configuration of the house requires access from Huntington Street and only a three (3) foot setback can be maintained. Staff recommended approval with findings and conditions.0 z t& taR— A4AL VVAA) 0.d lb"- -- W �VDWAIt `t� 0.1 ww_�_ kk Oki U" MU-4-1 �Mv>ti- 0_ �;- 5 w �V WunA'L' _40, vo"" et *I- 3vevt&�J . THE PUBLIC HEARING WAS OPENED. Glenn Barr, applicant, was present and concurred with staff recommendation. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO. 94-67/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-27 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. 94-67: Use Permit No. 94-67 for the establishment, maintenance and operation of the addition to an existing home with non -conforming setbacks will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The new addition will be constructed to meet current code required setbacks with the exception of the garage which was approved with a variance for a three (3) foot front setback. The new addition will not infringe upon the privacy of the adjacent neighbor because the only windows proposed on the north side of the house are in the hallway and the bathroom. b. Property and improvements in the vicinity of such use or building. The property owner will be required to dedicate two portions of the property for street improvements and alley widening. The property owner will also construct a sidewalk along Hartford where none currently exists and will make improvements to the curb and gutter. 2. The granting of Use Permit No. 94-67 will not adversely affect the General Plan of the City of Huntington Beach. The addition to an existing home with non -conforming setbacks 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. 94-27: The granting of Conditional Exception No. 94-27 for a three (3) foot setback for a front entry garage and encroachment into the site angle visibility area will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. There are other homes on corner lots in the area that have side entry garages with reduced setbacks, therefore, the variance will not be a special privilege. ZA Minutes 12/14/94 2 (NIIN1214) 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 property is a corner lot with an existing one -car front entry garage and a bedroom adjacent to the alley. In order to demolish the existing garage and build a new two (2) car garage without restructuring the entire house, it is necessary to encroach into the required setback area. 3. The granting of Conditional Exception No. 94-27 is necessary in order to preserve the enjoyment of one or more substantial property rights. The variance for reduced garage setback will enable the property owner to add living area to the existing house and to construct a new two (2) garage. 4. The granting of Conditional Exception No. 94-27 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The existing garage setback is currently less than the proposed three (3) feet so this request constitutes an improvement to the subject and surrounding properties. In addition, two (2) off-street parking spaces will be provided where only one (1) parking space currently exists. 5. The granting of Conditional Exception No. 94-27 will not adversely affect the General Plan of the City of Huntington Beach which promotes and encourages residential development in the area. SPECIAL CONDITIONS OF APPROVAL -USE PERMIT NO.94-67/ CONDITIONAL EXCEPTION NO. 94-27: The site plan, floor plans, and elevations received and dated October 21, 1994 shall be the conceptually approved layout. 2. There shall be no fencing over 42 inches tall within the area formed by measuring a ten (10) foot by ten (10) foot triangular area from the intersection of the exterior side and rear property lines. There shall be no landscaping between 42 inches and seven (7) feet tall within the same corner visibility area. The garage shall be provided with a roll -up door for the life of the structure. 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A grading plan shall be submitted for review and approval. b. All Public Works fees to be paid. ZA Minutes 12/14/94 3 (MIN1214) The following Public Works requirements shall be completed prior to final building inspection: a. The following dedications shall be required: 1. 2 1/2 feet off of alley. 2. 15 foot radius at the corner of Huntington St. and Hartford Ave. b. Remove existing curb on Huntington St. and replace with curb and gutter adjacent to project. Remove and replace existing sidewalk on Huntington St. adjacent to project. d. Construct sidewalk on Hartord Ave. adjacent to project. Remove and replace existing curb return with a 25 foot radius and install wheelchair ramp. 6. 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. 7. Proposed structures shall be architecturally compatible with existing structures. Low -volume heads shall be used on all spigots and water faucets. 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 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 drawing sets submitted for plan check. 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 94-67 and Conditional Exception No. 94-27 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 12/14/94 4 (MIN1214) ITEM 2 - COASTAL DEVELOPMENT PERMIT NOS. 93-25 AND 93-26/NEGATIVE DECLARATION NO. 94-17: Applicant/ Seacliff Partners Property Owner: Bill Holman 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 Request: To permit an "after the fact" excavation of hydrocarbon impacted soils from two different areas within the future Bolsa Chica Linear Regional Park. Coastal Development Permit No. 93-25 (Project Area 1) of the request includes excavation of approximately 22,500 cubic yards of hydrocarbon contaminated soil and debris from an approximately 60,800 square foot area within Parcel 2 of the future park. Coastal Development Permit No. 93-26 (Project Area 2) includes excavation of approximately 10,000 cubic yards of contaminated soil and debris from an area of approximately 54,000 square feet within Parcel 4 of the future park. Both portions of the project include hauling and stockpiling of the excavated soils to an adjacent site (outside of the Coastal Zone) for further screening, testing, and remediation and backfilling of the excavated areas to existing grade with clean fill material. Location: Project Area 1: 7.68 acre site west of Seapointe Street and south of future Garfield Avenue extension. (CDP 93-25) Project Area 2: 7.43 acre site west of Seapointe Street and north of future Garfield Avenue extension. (CDP 93-26) Jane Madera, staff planner, stated that the request was to permit an "after the fact" excavation of hydrocarbon impacted soils from two (2) different areas within the future Bolsa Chica Linear Regional Park. The two areas are located in the coastal zone and one excavation area is in a designated wetlands. Staff presented site plans of the project and stated that the applicant has received approval for the work already completed from the Regional Water Quality Control Sk-a-. Board, Army Co s of Engineers and Department of Fish and Game. 5ka �In� �NpjQ cx WLVl rot Qw UL Vq � q ��rwa '1 THE PUBLIC HEARING WAS OPENED'4ktO SW��l1 �DLCICItio�kivi, Bill Holman, applicant, was present and concurred with staff s recommendation. �Prlc4g THE PUBLIC HEARING WAS CLOSED A-Kj- COASTAL DEVELOPMENT PERMIT NOS. 93-25 AND 93-26 AND NEGATIVE DECLARATION NO.94-17 WERE 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 12/14/94 5 (MIN1214) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-25: 1. The request to permit an "after the fact" excavation of approximately 22,500 cubic yards hydrocarbon contaminated soil and debris from an approximately 60,800 square foot area within Parcel 2 of the future Bolsa Chica Linear Park conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed excavation and backfill project will not impact public views or access. No structures are proposed as part of this project as the land will eventually be incorporated into the future park. 2. Coastal Development Permit No. 94-25 is consistent with the CZ suffix zoning requirements, the Holly-Seacliff Specific Plan, 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. 3. At the time of project completion, the excavation and backfill project will not require any infrastructure inconsistent with the Coastal Element of the General Plan. No new structures are proposed as part of the soil clean-up project and no infrastructure currently exists to the site. 4. The proposed excavation and backfill conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project is necessary prior to acceptance and inclusion of the land into the Bolsa Chica Linear Park. Ultimately, the dedicated park land will serve to promote public recreational opportunities within the Coastal Zone. SPECIAL CONDITIONS OF APPROVAL: The site plan received and dated November 10, 1993 shall be the conceptually approved layout. 2. All excavation 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 Zoning Administrator shall be notified in writing if any changes in excavation or backfill are proposed as a result of the project completion 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. ZA Minutes 12/14/94 6 (MIN1214) 4. Mitigation Measures: A. During earthmoving, backfilling, and soil remediation activities, the applicant shall comply with the following provisions: Apply water 3 times per day or non -toxic soil stabilizers, according to the manufacturer's specifications, to all unpaved parking or staging areas and road surfaces. 2. Soil hauling trucks and equipment shall be washed down prior to departure from the project site to prevent fugitive dust emissions along surrounding streets. 3. Traffic speeds on all unpaved roads or circulation routes shall be restricted to 15 miles per hour to minimize dust generation. 4. Use low sulfur fuel (.05% by weight) for equipment. 5. Use low -emission mobile and on -site stationary construction equipment engines in proper tune. 6. Suspend use of all equipment operations during second stage smog alerts. B. Suspend earthmoving activities during windy conditions where winds exceed 15 miles per hour locally and when blowing dust becomes a nuisance as determined by the Director of Public Works. C. Any further ground disturbing activities within the study area should be monitored by a qualified observer assigned by the Principle Investigator/Archaeologist to determine if significant historic deposits have been exposed. This mitigation measure shall not apply if the project applicant submits appropriate written documentation that a qualified archeologist was present on -site to observe all contaminated soil excavation, that no archeological sites were disturbed, and that backfilling and revegetation activities will not occur in any archeological or cultural resources site. Written documentation shall be submitted to the Community Development Department prior to any additional work at the project site. D. The site shall be inspected immediately by representatives from the City of Huntington Beach Fire and Public Works Departments to determine the integrity of the stockpiling site and to ensure that no immediate action regarding storing of contaminated soils needs to be taken. INFORMATION OF SPECIFIC CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ZA Minutes 12/14/94 7 (MIN1214) 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. 93-25/ Negative Declaration No. 94-17 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.93-26: 1. The request to permit excavation of approximately 10,000 cubic yards of contaminated soil and debris from an area of approximately 54,000 square feet within Parcel 4 of the future Bolsa Chica Linear Park conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed excavation and partial backfill will not impact public views or access. No structures are proposed as part of this project as the land will eventually be incorporated into the future park. 2. Coastal Development Permit No. 93-26 is consistent with the CZ suffix zoning requirements, the Holly-Seacliff Specific Plan, 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. 3. At the time of project completion, the proposed soil excavation and partial backfill will not require infrastructure that is inconsistent with the Coastal Element of the General Plan. No infrastructure currently exist to the site. 4. The proposed soil excavation and partial backfill conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project is necessary prior to acceptance and inclusion of the land into the Bolsa Chica Linear Park. Ultimately, the dedicated park land will serve to promote public recreational opportunities within the Coastal Zone. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 10, 1993 shall be the conceptually approved layout 2. All excavation 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 Zoning Administrator shall be notified in writing if any changes in excavation or backfill are proposed as a result of the project completion 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. ZA Minutes 12/14/94 8 (MIN1214) 4. Mitigation Measures: A. During earthmoving, backfilling, and soil remediation activities, the applicant shall comply with the following provisions: 1. Apply water 3 times per day or non -toxic soil stabilizers, according to the manufacturer's specifications, to all unpaved parking or staging areas and road surfaces. 2. Soil hauling trucks and equipment shall be washed down prior to departure from the project site to prevent fugitive dust emissions along surrounding streets. 3. Traffic speeds on all unpaved roads or circulation routes shall be restricted to 15 miles per hour to minimize dust generation. 4. Use low sulfur fuel (.05% by weight) for equipment. Use low -emission mobile and on -site stationary construction equipment engines in proper tune. 6. Suspend use of all equipment operations during second stage smog alerts. B. Suspend earthmoving activities during windy conditions where winds exceed 15 miles per hour locally and when blowing dust becomes a nuisance as determined by the Director of Public Works. C. Any further ground disturbing activities within the study area should be monitored by a qualified observer assigned by the Principle Investigator/Archaeologist to determine if significant historic deposits have been exposed. This mitigation measure shall not apply if the project applicant submits appropriate written documentation that a qualified archeologist was present on -site to observe all contaminated soil excavation, that no archeological sites were disturbed, and that backfilling and revegetation activities will not occur in any archeological or cultural resources site. Written documentation shall be submitted to the Community Development Department prior to any additional work at the project site. D. The site shall be inspected immediately by representatives from the City of Huntington Beach Fire and Public Works Departments to determine the integrity of the stockpiling site and to ensure that no immediate action regarding storing of contaminated soils needs to be taken. ZA Minutes 12/14/94 9 (MIN1214) 5. The applicant/property owner shall comply with the Department of the Army Corps of Engineers Restoration Order as follows: a. Re -vegetation with emergent vegetation native to the local region for the affected zone surrounding the excavated areas. The excavated wetland shall not be backfilled. b. Removal of exotic plant species (including Arundo donax and palm trees) within the project site using methodology established by Team Arundo to prevent re -infestation. c. Submission of a report to the Corps describing the completed restoration activities within 90 days of receipt of this order. 6. The applicant/property owner shall comply with all conditions of approval as described in Department of Fish and Game Streambed Alteration Agreement No. 5-210-94. INFORMATION OF SPECIFIC CODE REOUIREMENTS: 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. 93-26 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM NO.3: COASTAL DEVELOPMENT PERMIT NO. 94-7/NEGATIVE DECLARATION NO. 94-8 Applicant/ City of Huntington Beach Property Owner: Public Works Department 2000 Main Street Huntington Beach, CA 92648 Request: To permit construction of a new 1,360 foot long pedestrian trail adjacent to the existing dual path on the beach to separate bicycle and foot traffic between Seventh and Ninth Streets. Construction will consist of new pedestrian trail and sand/seat wall encroaching between nine (9) and ten (10) feet into existing sand area. Location Coastal side of Pacific Coast Highway between Seventh and Ninth Streets. ZA Minutes 12/14/94 10 (NM214) Jane Madera, staff planner, stated that the request is to permit construction of a new 1,360 foot long pedestrian trail adjacent to the existing dual path on the beach to separate bicycle and foot traffic between Seventh and Ninth Streets. This separation will reduce conflicts between the two (2) paths and allow greater enjoyment of the beach amenities in the area. Construction will consist of a new pedestrian trail and a 36 inch high sand/seat wall encroaching between nine (9) and ten (10) feet into existing sand area. The project also consists of improvements to the existing trail in the same area. Jane Madera stated a portion of the project may be seaward of the mean high tide line in which case it would come under original permit jurisdiction of the California Coastal Commission. Staff recommended approval of the proposed project with findings and conditions of approval and stated that any portion of the project seaward of the mean high tide line would be "approval in concept" only. THE PUBLIC HEARING WAS OPENED. e Dave Webb, Public Works, stated that he would recheck the mean high tid� line overlay to determine jurisdiction of the proposed project. John Richter, resident in the adjacent condominiums, spoke in opposition to the request. Mr. Richter's main concern was the increased possibility of people loitering on the wall in the evening. He stated that there is currently excessive noise from people using the bike path and that the proposed expansion will only worsen it. He is also concerned with increased vandalism and stated that he speaks for many of the condominium residents. Mike Strange questioned Dave Webb about the purpose and necessity of the wall. Mr. Webb stated that it may not be an absolute necessity but was essential for protection of the trails from being undermined by the sea. Discussion ensued among staff and Mr. Richter in an effort to reach a compromise on the proposed sand/seat wall. The Zoning Administrator concluded that the sand/seat wall was adequate and necessary, and stated he would approve it as submitted. THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO.94-7 AND NEGATIVE DECLARATION NO. 94-8 WERE APPROVED BY THE ZONING ADMINISTRATOR, AS SUBMITTED, 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 12/14/94 11 (MIN1214) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 94-7: 1. The request to permit the construction of a new 1,360 foot long pedestrian trail adjacent to the existing dual path on the beach to separate bicycle and foot traffic between Seventh and Ninth Streets conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed pedestrian trail will not impact public views or access. The new trail will serve as an improvement to public use of the beach and recreation amenities by allowing the separation of wheeled and non -wheeled traffic along the shore. The proposed project will increase safety for beachgoers while promoting use of the beach trail. 2. Coastal Development Permit No. 94-7 is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan District 11, 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. 3. At the time of project completion, the construction of a new 1,360 foot long pedestrian trail 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 construction of a new 1,360 foot long pedestrian trail conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. While the project does include a loss of sand, the relatively passive use of such beach space will be replaced with active use of beach trail. This project will increase public access and recreational opportunities by introducing a safer environment for wheeled and non - wheeled traffic utilizing the public beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated October 5, 1994 shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to depict the portion of the beach trail improvements which lie seaward of the mean high tide line and therefore qualify for "approval in concept" only by the City of Huntington Beach. The areas within original permit jurisdiction shall be subject to review and approval by the California Coastal Commission. 2. The applicant shall apply for a Coastal Development Permit from the California Coastal Commission for the portion of the project which lies within the original permit jurisdiction area (seaward of the mean high tide line). 3. The maximum height of the sand/seat wall above grade shall be 36 inches. ZA Minutes 12/14/94 12 (MIN1214) 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. The Zoning Administrator shall be notified in writing if any changes in wall height, trail width or materials 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 REOUIREMENTS: 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. 94-7/ Negative Declaration No. 94-8 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:40 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 21, 1994 AT 6:00 PM. Mike Strange Zoning Administrator :kjl ZA Minutes 12/14/94 13 (MIN1214)