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HomeMy WebLinkAbout1995-10-18MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 18, 1995 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Mary Beth Broeren, Lisa Koch MINUTES: September 27, 1995 Minutes Approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 95-62 VARIANCE NO. 95-23 Applicant/ Property Owner: L.D. Zehnder, 206 15th Street, Huntington Beach, CA 92648 Request: To permit the construction of a 5,631 square foot, three story single family residence. Variance requested for a reduced interior side yard setback (3.5 feet and five feet in lieu of five feet and eight feet, respectively). Location: 201 18th Street (northwest corner of 18th Street and Walnut Avenue) Mary Beth Broeren, staff planner, stated that this petition was a request to permit the construction of a new three (3) story, single family residence. The subject house will be approximately 5,631 square feet and the construction will be on two (2) lots which will be consolidated. Ms. Broeren stated that a variance for reduced interior side yard setbacks is part of this request. It was noted that the property is zoned RMH-A (medium -high density residential -small lot) and is required to comply with standard interior side yard setbacks which are ten percent of lot width. The consolidated lot is 50 feet wide, therefore a five (5) foot interior side yard setback is required. Ms. Broeren stated that the variance request consists of two parts: the first request being that at the rear of the dwelling the garage and second story portions of the house show a 3 1/2 foot interior side yard setback where a five (5) foot interior side yard setback is required; the second request being the portion of the house showing a five (5) foot setback whereas the zoning code requires that if a building wall is greater than 25 feet in height, an additional three (3) foot setback October 18, 1995 Zoning Administrator Meeting Minutes Page 2 is required. Ms. Broeren stated that the applicant is required to have three (3) enclosed parking spaces and three (3) open parking spaces. The site plan, as presented, shows four (4) enclosed parking spaces and two (2) open parking spaces. In terms of compatibility issues with the surrounding area, there are three story, single family homes in the neighborhood. Ms. Broeren stated that the site plan shows a greater exterior side -yard setback than is required, having seven (7) feet in lieu of the required five (5) feet. The front yard setback shows 15 feet in lieu of the required 12 feet and the rear yard setback shows 9 feet whereas only three (3) feet are required. Staff recommended approval of the second variance request because the additional setback is only required because of the lot consolidation. Staff recommended denial of the first variance request because the additional parking space on the exterior side yard that is created by reducing the interior side yard setback is not required by code. Recommended conditions include those from Public Works (submittal of the parcel map, infrastructure improvements, dedication of 2 1/2 feet off the alley, and installation of the sidewalk, curb and gutter, as required). Because the house is over 5,000 square feet, the Fire Department requires that sprinklers be provided throughout the home. Ms. Broeren stated that one (1) phone call had been received for clarification purposes only. THE PUBLIC HEARING WAS OPENED. L.D. Zehnder, applicant, was present to speak on this request. Mr. Zehnder questioned the zoning code regarding setbacks. It was noted that the 3 1/2 foot side yard setback at the two story section of the house (by the garage) is very important to Mr. Zehnder so that additional parking can be provided on -site. He added that if the variance was not approved by the Zoning Administrator he would either appeal to the Planning Commission or build two (2) houses instead of one, in which case only a three (3) foot setback would be required. He believed the variance request in question is minor and not approving the variance would create many structural inconsistencies in the site plan. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 95-62 / VARIANCE NO. 95-23 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR. 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 - VARIANCE NO. 95-23: 1. The granting of Variance No. 95-23 for a reduced interior side yard setback of 3.5 feet in lieu of five (5) feet on the ground floor and five (5) feet in lieu of eight (8) feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Properties in the RMH-A (medium - high density residential -small lot) zone are typically less than 5,000 square feet with lot widths between 25 and 45 feet. These lots would be required to have interior side yard setbacks between three (3) and five (5) feet. Because the project is proposing the (g:za:min: 10 18) October 18, 1995 Zoning Administrator Meeting Minutes Page 3 consolidation of two (2) 25 foot wide lots, it is required to provide a five (5) foot setback and an eight (8) foot setback for walls higher than 25 feet. The setback of 3.5 feet for the garage portion of the subject building is not inconsistent with that required of most properties in this zone classification. The setback of five (5) feet in lieu of eight (8) feet is also not an inconsistent special privilege on the same grounds and an amendment to the zoning code is proposed for this provision. 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 classification. The consolidation of two (2) 2,500 square foot lots creates a special circumstance in this zone whereby it requires the project to provide greater setbacks than other three story residences developed on smaller lots. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance allows the applicant to provide an additional parking space on the lot. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The portion of the building at the 3.5 foot setback has minimal windows on the first floor and will not be detrimental to the public welfare. The second floor, with a deck, will be setback five (5) feet from the property line and will not affect the privacy of the adjacent unit. The remainder of the building at the five (5) foot setback also has minimal windows and will therefore not adversely impact the adjacent property. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-62: Conditional Use Permit No. 95-62 for the establishment, maintenance and operation of the new three-story single family residence will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The use is compatible with other single family residences in the vicinity and will be required to comply with the City of Huntington Beach infill ordinance. The property owner will be required to construct infrastructure improvements and dedicate a portion of the property for alley widening. 2. The granting of Conditional Use Permit No. 95-62 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the goals and objectives of the Medium -High Density Residential land use designation of the General Plan. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. (g:za:min: 10 18) October 18, 1995 Zoning Administrator Meeting Minutes Page 4 SPECIAL CONDITIONS OF APPROVAL - VARIANCE NO. 95-23 / CONDITIONAL USE PERMIT NO. 95-62: 1. The site plan, floor plans, and elevations received and dated September 18, 1995 shall be the conceptually approved layout with the following modifications: a. The garage and elevator shaft will be set back 3.5 feet from the interior side property line. The habitable area, including decks, above the garage will be set back five (5) feet from said property line. 2. A revised site plan shall be submitted to the Community Development Department depicting the modifications described above. Prior to issuance of building permits, applicant shall complete the following (PW): a. file a parcel map consolidating the two lots. Said map shall be recorded with the County of Orange Recorder prior to the final inspection and a copy of the recorded map submitted to the Department of Community Development for inclusion in the entitlement file. b. Submit a grading plan to Department of Public Works for review and approval. c. Submit a Landscape Construction Set to the Department of Public Works. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The set must be complete and approved by both departments of Public Works and Community Development prior to issuance of building permits. d. Dedicate: i. 2.50 feet off the alley. ii. 15.00 foot radius at the corner of Walnut Avenue and 18th Street. 4. Prior to final inspection, the applicant shall complete the following (PW): a. Remove existing curb on 18th Street. b. Widen existing alley, as required by the City Engineer. c. Install sewer lateral. d. Install water service. e. Install CATV (cable antenna television). f. Construct curb, gutter and sidewalk on Walnut Avenue and 18th Street. g. Construct 25.00 foot curb return. h. Construct wheelchair ramp at curb return. i. Remove and replace existing paving on Walnut Avenue, as required by the City Engineer. j. Widen existing alley apron, as required by the City Engineer. (g:za:min: 10 18) 1 October 18, 1995 Zoning Administrator Meeting Minutes Page 5 5. Fire Department Requirements: a. A two (2) inch water service shall be required. b. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 6. 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. 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 The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. All applicable Public Works fees shall be paid. 4. The applicant shall be responsible for payment of Traffic Impact fees prior to final inspection. 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-62 / Variance No. 95-23 if any violation of these conditions of the Huntington Beach - Zoning and Subdivision Ordinance occurs. ITEM 2: CONDITIONAL USE PERMIT NO. 95-16 COASTAL DEVELOPMENT PERMIT NO.95-23 Applicant: Barry Ellerbrook, 101 Main Street, #410, Huntington Beach, CA 92648 Property Owner: Mike Abdelmuti, 101 Main Street, Huntington beach, CA 92648 (g:za:min:1018) October 18, 1995 Zoning Administrator Meeting Minutes Page 6 Request: To allow existing outdoor dining in conjunction with Burger King Restaurant. The dining area is located on private property. Location: 101 Main Street, Suite 410 (northwest corner of Main Street and Pacific Coast Highway) CONDITIONAL USE PERMIT NO. 95-16 / COASTAL DEVELOPMENT PERMIT NO. 95-23 WAS CONTINUED TO A FEBRUARY 1996 ZONING ADMINISTRATOR MEETING (DATE UNCERTAIN) BY THE ZONING ADMINISTRATOR. ITEM 3: CONDITIONAL USE PERMIT NO. 95-17 COASTAL DEVELOPMENT PERMIT NO. 95-22 Applicant: Philip and Christina Glasgow, 115 1Oth Street, Huntington Beach, CA 92648 Property Owner: Mike Abdelmuti, 101 Main Street, Huntington Beach, CA 92648 Request: To allow existing outdoor dining in conjunction with Bagelmania Coffee House. The dining area is located in the public right-of-way. Location: 101 Main Street, Suite 113 (west side of Main Street, approximately 150 feet north of Pacific Coast Highway) CONDITIONAL USE PERMIT NO. 95-17 / COASTAL DEVELOPMENT PERMIT NO. 95-22 WAS CONTINUED TO A FEBRUARY 1996 ZONING ADMINISTRATOR MEETING (DATE UNCERTAIN) BY THE ZONING ADMINISTRATOR. ITEM 4: CONDITIONAL USE PERMIT NO. 95-32 COASTAL DEVELOPMENT PERMIT NO. 95-21 Applicant: Pedro C. Ambriz, 213 5th Street, Huntington Beach, CA 92648 Property Owner: Coastline Partners, 220 5th Street, Huntington Beach, CA 92648 Request: To allow existing outdoor dining in conjunction with Pete's Mexican Food Restaurant. The dining area is located in the public right-of-way. Location: 213 5th Street (west side of 5th Street, approximately 150 feet north of Walnut Avenue) CONDITIONAL USE PERMIT NO.95-32 / COASTAL DEVELOPMENT PERMIT NO. 95-21 WAS CONTINUED TO A FEBRUARY 1996 ZONING ADMINISTRATOR MEETING (DATE UNCERTAIN) BY THE ZONING ADMINISTRATOR. (g:za:min: 10 18) October 18, 1995 Zoning Administrator Meeting Minutes Page 7 1 ITEM 5: CONDITIONAL USE PERMIT NO. 95-39 COASTAL DEVELOPMENT PERMIT NO. 95-19 Applicant: Jan Gaffney and Aaron Pai, 300 Pacific Coast Highway, #104, Huntington Beach, CA 92648 Property Owner: Ox Pierside Corporation, c/o HDMC, 18101 Von Karman, #100, Irvine, CA 92715 Request: To allow existing outdoor dining in conjunction with Jan's Health Bar. The outdoor dining is located on private property. Location: 300 Pacific Coast Highway, #104 (northeast corner of Main Street and Pacific Coast Highway) CONDITIONAL USE PERMIT NO.95-39 / COASTAL DEVELOPMENT PERMIT NO. 95-19 WAS CONTINUED TO A FEBRUARY 1996 ZONING ADMINISTRATOR MEETING (DATE UNCERTAIN) BY THE ZONING ADMINISTRATOR. ITEM 6: CONDITIONAL USE PERMIT NO. 95-41 COASTAL DEVELOPMENT PERMIT NO.95-15 Applicant: Joe Rivello, 17322 Chapparal Lane, Huntington Beach, CA 92649 Property Owner: Ben Trainer, 2364 3rd Street, San Francisco, CA 94107 Request: To establish outdoor dining in conjunction with Pacific Coast Cafe and Ritmos. The outdoor dining area will be located within the public right-of- way. Location: 221 Main Street, Suite A and B (southwest corner of Main Street and Olive Avenue) CONDITIONAL USE PERMIT NO. 95-41 / COASTAL DEVELOPMENT PERMIT NO. 95-15 WAS CONTINUED TO A FEBRUARY 1996 ZONING ADMINISTRATOR MEETING (DATE UNCERTAIN) BY THE ZONING ADMINISTRATOR. ITEM 7: LOT LINE ADJUSTMENT NO. 95-1, 95-2, 95-3 Applicant/ Property Owner: Greystone Homes, 7 Upper Newport Plaza, Newport Beach, CA 92660 Request: To permit lot line adjustments between lots one (1) and two (2), 11 and 12, and 22 and 23 of Tract 15033. (g:za:min: 10 18) October 18, 1995 Zoning Administrator Meeting Minutes Page 8 Location: Southwest corner of Memphis and Beach Boulevard (Tract 15033) Mary Beth Broeren, staff planner, stated that this was a request to permit lot line adjustments on the recently approved Tract 15033. The lot line adjustments are being requested to ensure that the landscaping on the effected parcels be maintained. Plat maps were shown. Ms. Broeren stated that by moving the lot line in relation to where the driveways are located, the landscaping on each lot would be better defined and would be maintained. Staff recommended approval of this request based on the following: the lot line adjustment would not create a non -conforming parcel and the lot frontages and minimum lot area would be maintained. LOT LINE ADJUSTMENT NO. 95-1, 95-2, 95-3 WAS APPROVED AS REQUESTED BY THE ZONING ADMINISTRATOR. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. THE MEETING WAS ADJOURNED AT 6:45 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 25, 1995. Mike Strange Zoning Administrator MS:MBB:Iek :min1018 (g:za:min: 10 18)