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HomeMy WebLinkAbout1995-03-15MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 15, 1995 - 6:00 P.M. ZONING ADMINISTRATOR: Julie Osugi, Acting STAFF MEMBER: Jane Madera, Kim Langel MINUTES: The August 24, September 7 and December 7, 1994 Minutes were continued to the March 22, 1995 Zoning Administrator meeting. ORAL COMMUNICATIONS: (3 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) ITEM 1: CONDITIONAL USE PERMIT NO. 95-10 (CONTINUED FROM THE MARCH 8, 1995 ZA MEETING) Applicant: Robert M. Blum, PO Box 1400, Huntington Beach, CA 92647 Property Owner: Richard Nerio, Bolsa Realty, 9340 Bolsa Avenue, Westminster, CA 92683 Request: To allow a game center consisting of a maximum of seven (7) video games, in conjunction with an existing restaurant known as "Classic Pizza" pursuant to Section 230.38 of the Huntington Beach Zoning and Subdivision Ordinance Code. Location: 5205 Warner Jane Madera, staff planner stated that this was a request to allow a game center consisting of a maximum of seven (7) video games, in conjunction with an existing restaurant known as "Classic Pizza" pursuant to Section 230.38 of the Huntington Beach Zoning and Subdivision Ordinance Code at 5205 Warner. Staff explained that the code specifies that a manager, 18 years or older, must be present during game operation hours. Code also specifies that the games may not be operational during school hours. Staff stated that they had received one (1) letter of opposition from an adjacent neighbor who raised concerns regarding increased noise, youths gathering and outside loitering after hours. Staff feels that the distance of the proposed game use site to the adjacent residents is great enough that the residents will not be negatively impacted. Staff also stated that the Police Department had no concerns regarding the proposed games. Staff is recommending approval of the request with findings and suggested conditions. THE PUBLIC HEARING WAS OPENED. Robert Blum, 6451 Glenfox Drive, applicant, stated that the game area would be enclosed, sound proofed and the volume would be off on the machines so no negative noise impacts should occur. He also stated that his primary business was the restaurant, and was concerned that having seven (7) machines put him in the category of a game center. Julie Osugi, Acting Zoning Administrator, stated that the code considers a use with four (4) or more games a game center. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 95-10 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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 USE PERMIT NO. 95-10: Conditional Use Permit No. 95-10 for the establishment, maintenance and operation of the game center with seven (7) video games will not be detrimental to: The general welfare of persons residing or working in the vicinity. The video game center with a maximum of seven (7) games is ancillary to the "Classic Pizza" restaurant. With the conditions of approval imposed and compliance with the code requirements, the owner/manager will be responsible to maintain restricted hours of operation for minors under 18 years of age. The restricted hours will prohibit use of video games during school hours and the owner/manager will be on -site to monitor noise issues. The ancillary game center in conjunction with the restaurant is compatible with other retail uses within the shopping center. b. Property and improvements in the vicinity of such use or building. The video game center will be contained entirely within the existing restaurant building and will have no impact on improvements in the area. ZA Minutes 3/15/95 2 (MIN0315) 2. The granting of Conditional Use Permit No. 95-10 will not adversely affect the General Plan of the City of Huntington Beach. The video game arcade in conjunction with the permitted restaurant use is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan which promotes and encourages commercial ventures of this nature. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated November 14, 1994, shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in floor area or building 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. 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 video game center shall comply with all provisions of Section 230.38 of the Huntington Beach Zoning and Subdivision Ordinance including the following: a. At least one adult manager shall be present at all times the game center is open. b. The manager shall not allow a minor under eighteen (18) years of age to play video games during public school hours, or after 9:00 PM on nights preceding school days, or after 10:00 PM on any night. The business owner/manager shall be responsible for obtaining a current schedule of school hours from the school district in which this business is located. c. A maximum of seven (7) games are permitted at the subject site. Any increase in the number of video games or electronic amusement devices shall be subject to review and public hearing by the Zoning Administrator. 3 The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. ZA Minutes 3/15/95 3 (MIN0315) 4. The applicant shall obtain permits from the South Coast Air Quality Management District, if necessary. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-10 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 2: TEMPORARY USE PERMIT NO. 95-2 Applicant: St. Simon and Jude (Patricia Kramer), 20444 Magnolia, Huntington Beach, CA 92646 Property Owner: Roman Catholic Bishop of Orange, 20444 Magnolia, Huntington Beach, CA 92646 Request: To erect a 100 foot by 100 foot canopy to be used for Easter services on April 16, 1994, pursuant to Section 241.20 of the Huntington Beach Zoning and Subdivision Ordinance. Location: 20444 Magnolia Street Jane Madera, staff planner, stated that this was a request to erect a 100 foot by 100 foot canopy to be used for Easter services on April 16, 1994, pursuant to Section 241.20 of the Huntington Beach Zoning and Subdivision Ordinance at 20444 Magnolia Street. Staff stated that this is a one (1) day event, held on an annual basis with no problems, complaints or concerns received from past occurrences. Adjacent residents were notified of the request and staff received no negative comments. Staff stated that the applicant must obtain a Fire Department Permit and is recommending approval with findings and suggested conditions. THE PUBLIC HEARING WAS OPENED. A representative for the applicant was present and stated that the hours of operation would be from 6:00 AM to 12:00 PM. THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.95-2 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes 3/15/95 4 (MIN0315) FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO. 95-2: Use Permit No. 95-2 to erect a 100 foot by 100 foot canopy to be used for Easter Services will not be detrimental to: a, The general welfare of persons residing or working in the vicinity. Because the canopy will be located on the playing field and all of the parking will remain open, the event will not impact on -site circulation. Furthermore, with the conditions imposed, the event will not impact the surrounding residents because the speakers in the canopy will be oriented away from the adjacent residential neighbors. b. Property and improvements in the vicinity of such use of building. The event is a temporary use and will not alter existing improvements. 2. The granting of Temporary Use Permit No. 95-2 will not adversely affect the General Plan of the City of Huntington Beach. The temporary canopy is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: The site plan received and dated February 1, 1995 shall be the conceptually approved layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. A detailed site plan shall be submitted to the Huntington Beach Fire Department for approval (show location of platform, seating, etc.) 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 proposed canopy shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the canopy's installation on the site. 6. The proposed canopy shall be secured against collapsing to the satisfaction of the Fire Department. 7. Smoking shall be prohibited under the canopy and "No Smoking" signs shall be posted in conspicuous locations. Fire extinguishers shall be provided in number and locations specified by the Fire Department. 9. Speakers shall be directed away from the surrounding residences. .ZA Minutes 3/15/95 5 (MIN0315) 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. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 95-2 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of ninety (90) days prior to the event. Failure to provide adequate notice shall result in denial of the request. ITEM 3: CONDITIONAL USE PERMIT NO. 95-11 Applicant: Environmental Products/Christy Rael, 4775 Brookhollow Circle, Riverside, CA 92509 Property Owner: Huntington Beach Company, c/o Huntington Seacliff Corporation, Attn: Larry Cubit, 2124 Main Street, Suite 130, Huntington Beach, CA 92648 Request: To establish a manned recycling facility in the parking lot which will use four (4) parking spaces, pursuant to the Holly-Seacliff Specific Plan, mixed -use. Location: 708 Yorktown Avenue (Seacliff Village Shopping Center) Jane Madera, staff planner, stated that this was a request to establish a manned recycling facility in the parking lot which will use four (4) parking spaces, pursuant to the Holly-Seacliff Specific Plan, mixed -use at 708 Yorktown Avenue. Staff stated that there is currently a coin operated recycling facility at the center, and the applicant is requesting to replace this with a manned facility. The applicant is also requesting that the container be allowed to occupy a maximum of 684 square feet in lieu of the code required 500 square feet. Staff does not support the extra square footage, and recommends that it not exceed 500 square feet. The Police Department has no significant concerns but requested conditions be added to assure that the area is well light and the containers be locked when personnel are not on - site. ZA Minutes 3/15/95 6 (MIN0315) Staff is recommending that if the Zoning Administrator approves the request, the following conditions be established. The collection containers shall be located in the parking spaces adjacent to the northwest corner of the Lucky's building. A maximum of one (1) parking space shall remain open between the containers and the most northerly side of the building. The containers shall be painted to match the same color as the Lucky grocery store building. The containers shall be posted with a clearly visible sign that dumping of trash, debris, or recyclable is prohibited after operating hours. The containers shall be locked after hours. The hours of operation shall be from 10:00 AM - 4:00 PM. Staff is recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Christy Rael, 4775 Brookhollow Circle, Riverside, applicant, stated that she agreed with staff s report and the conditions to be established. THE PUBLIC HEARING WAS CLOSED. Julie Osugi, Acting Zoning Administrator, asked staff if any letters or phone calls of opposition had been received. Staff stated that there had been none. Ms. Osugi also asked staff if there would be any impacts to the current parking, circulation or aesthetics of the building. Staff stated that there would be no negative impacts caused by these issues. CONDITIONAL USE PERMIT NO.95-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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 USE PERMIT NO. 95-11: Conditional Use Permit No. 95-11 for the establishment, maintenance and operation of the manned recycling facility at the Seacliff Shopping Center will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. There are no residents within the immediate vicinity of the recycling containers and with the conditions of approval imposed, the use will be compatible with other retail uses in the shopping center. The proposed container location will be relocated towards the rear of the Lucky's building to decrease potential impacts to vehicular and pedestrian circulation. b. Property and improvements in the vicinity of such use or building. The collection containers will be installed within the existing parking lot, will not take up any required parking as there is currently a 191 space surplus, and will not alter existing improvements in the area. ,ZA Minutes 3/15/95 7 (MIN0315) 2. The granting of Conditional Use Permit No. 95-11 will not adversely affect the General Plan of the City of Huntington Beach. The manned recycling facility is consistent with the goals and objectives of the Mixed Use Land Use designation of the General Plan which promotes and encourages commercial ventures of this nature. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated January 30, 1995 shall be the conceptually approved layout with the following modifications: a. The collection containers shall be located in the parking spaces adjacent to the northwest corner of the Lucky's building. A maximum of one (1) parking space shall remain open between the containers and the most northerly side of the building. b. The containers shall be located so that they do not project into the required 26 foot wide drive aisle. The containers may occupy a maximum area of 500 square feet. The required attendant parking space shall be included within the 500 square feet. d. The following note shall be listed on the site plan: "Containers shall be painted to match the same color as the Lucky grocery store building." 2. A revised site plan shall be submitted depicting the modifications described above. The use shall conform to the following: a. Hours of operation: Thursday - Monday 10:00 AM - 4:00 PM. b. The operator shall be responsible for maintaining the area around the containers in a clean manner free of trash, debris, and recyclable at all times. c. The containers shall be locked after operating hours. d. The container shall be posted with a clearly visible sign that dumping of trash, debris, or recyclables is prohibited after operating hours. e. The containers shall be permanently painted the same color as the Lucky grocery store building. 4. 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. zA Minutes 3115195 8 (MIN0315) 5. The Zoning Administrator shall be notified in writing if any changes in container location, parking, setbacks, or colors 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 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-11 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 4: CONDITIONAL USE PERMIT NO. 94-42NARIANCE NO. 95-1 Applicant/ Property Owner: Mike Kaser, 5942 Edinger Avenue, #113, Huntington Beach, CA 92649 Request: CUP: To construct a new single family dwelling with a third story deck pursuant to Section 210.06(L) of the Huntington Beach Zoning and Subdivision Ordinance. VARIANCE: To construct a third story deck which opens directly onto adjacent property, with no upper story setback, and is not contained within the confines of the second story roof volume pursuant to section 210.06(L) of the Huntington Beach Zoning and Subdivision Ordinance. Location: 323-15th Street Jane Madera, staff planner, stated that this was a request for a conditional use permit to construct a new single family dwelling with a third story deck pursuant to Section 210.06(L) of the Huntington Beach Zoning and Subdivision Ordinance, and a variance to construct a third story deck which opens directly onto adjacent property, with no upper story setback, and is not contained within the confines of the second story roof volume pursuant to section 210.06(L) of the Huntington Beach Zoning and Subdivision Ordinance. The subject site is located at 323-15th Street. ZA Minutes 3/15/95 9 (MIN0315) Staff stated that the subject site is a 25 foot lot, which is smaller than most lots thereby, creating design problems and special circumstances. The house is located in the Harbour area where most of the adjacent properties are three (3) stories. Staff stated that the adjacent properties on both sides of this site are currently vacant. Staff feels that this request is compatible with the surrounding residential uses, is consistent with the limitations placed upon other properties in the vicinity and will not be detrimental to the surrounding properties. Staff is recommending approval with findings and conditions of approval. CONDITIONAL USE PERMIT NO. 94-42 AND VARIANCE NO. 95-1 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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 USE PERMIT NO. 94-42: Conditional Use Permit No. 94-42 for the establishment, maintenance and operation of the new single family dwelling with a third story deck will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. Even with the variance granted to relieve the applicant from the design standards of third stories, this structure will have no impact on adjacent properties because they are currently vacant. b. Property and improvements in the vicinity of such use or building. The three (3) story home is consistent with other similarly developed units in the area and all necessary code required improvements will be made during construction. 2. The granting of Conditional Use Permit No. 94-42/Variance No. 95-1 will not adversely affect the General Plan of the City of Huntington Beach. The new single family dwelling with a third story deck is consistent with the goals and objectives of the Medium Density Residential Land Use designation of the General Plan. FINDINGS FOR APPROVAL - VARIANCE NO. 95-1: The granting of Variance No. 95-1 to construct a third story deck (which opens directly onto adjacent property, with no upper story setback, and is not contained within the confines of the second story roof volume) will not constitute a grant of special privilege inconsistent with other properties in the vicinity. Prior to the adoption of new development standards in November 1994, the proposed design of this single family dwelling with a third story was a permitted use. The proposed structure is consistent, compatible, and similar to the majority of three (3) story single family homes in the area. ,ZA Minutes 3/15/95 10 (MIN0315) 2. Because of special circumstances applicable to the subject property, including size, 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. Many properties within the vicinity have existing three (3) story homes. The subject property owner's right to construct a third story of useable size and similar to existing third stories is precluded under strict compliance with the code. The granting of Variance No. 95-1 is necessary in order to preserve the enjoyment of one or more substantial property rights. This variance will permit the property owner to exercise his property rights and construct a new single family dwelling with a third story deck. 4. The granting of Variance No. 95-1 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The two (2) properties on either side of the subject property are currently vacant and will not be effected by the new construction. 5. The granting of Variance No. 95-1 will not adversely affect the General Plan of the City of Huntington Beach. The applicant is willing and able to carry out the purposes for which Variance No. 95-1 is sought and he will proceed to do so without unnecessary delay. b. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. Most other single family residences in the neighborhood are designed similar to the proposed structure. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 6, 1995, shall be the conceptually approved layout. 2. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A landscape and grading plan shall be submitted to the Department of Public Works for review and approval. b. The following dedications shall be required: 1. 2.50 feet of alley dedication across the entire width of the property. ZA Minutes 3/15/95 11 (MIN0315) Prior to final inspection, the following shall be completed by the applicant: a. Remove and replace existing sidewalk. b. Remove existing curb and replace with curb and gutter. c. Remove and replace one half (1/2) alley. 4. Fire Department requirements: a. The project shall 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. b. The project shall 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. c. Address numbers will be installed to comply with City Specification #428. The size shall be minimum four (4) inches with a brush stroke of one-half (1/2) inch. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Natural Gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 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. 9. 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. ZA Minutes 3/15/95 12 (MIN0315) All applicable Public Works fees shall be paid. 4. Traffic Impact Fees shall be paid at the time of final inspection or certificate of occupancy. 5. An encroachment permit shall be required for all work within public right-of-way. 6. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 7. Landscaping shall comply with Chapter 232 of the Huntington Beach Ordinance Code. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 94- 42/Variance No. 95-1 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 22, 1995 AT 1:30 PM. Julie Osugi, Acting Zoning Administrator :kjl ZA Minutes 3115195 13 (MIN0315)