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HomeMy WebLinkAbout1995-11-01MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 1, 1995 - 1:30 P.M. .ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Susan Pierce, Jane Madera, Mary Beth Broeren, Lisa Koch MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 95-77 Applicant/ Property Owner: Delma Corporation, 18800 Delaware Street, Suite 1000, Huntington Beach, CA 92648 Request: To construct a 1,730 square feet physical therapy pool enclosure for the Pacifica Medical campus. Location: 18800 Delaware Street (east side of Delaware Street, 300 feet south of Main Street) Susan Pierce, staff planner, stated that this was a request to take an area located at the Pacifica Medical campus and add a facility that will be both recreational and medical. The facility will be 1,730 square feet and will house a physical therapy pool to be used by medical patients of the hospital, the staff, and senior citizens within the area. It was noted that the pool will accommodate approximately five (5) patients at a time and appointments will be necessary. There will be an office for the therapist, a treatment area, and dressing rooms located within the facility. Ms. Pierce stated that the subject space is currently being used as a park for the campus and there is the possibility that trees will be removed. Staff recommended that there be an inventory of any trees removed and that they be replaced on a two (2) to one (1) ratio with a 36 inch box tree or a palm equivalent. Conditions of approval would include that grading and landscape plans be submitted and that the subject facility be re -addressed so as not to share the address of Pacifica Medical. Ms. Pierce stated that because the patients, therapists, and doctors come from within the medical facility to begin with, additional parking requirements are not necessary. Staff recommended approval of this request. November 1, 1995 Zoning Administrator Meeting Minutes Page 2 THE PUBLIC HEARING WAS OPENED. Cory Zinngrabe, representative of the Delma Corporation, was present and asked for clarification regarding the need to re -address the subject facility. Mr. Zinngrabe stated that they considered the subject facility an extension of Pacifica Medical and would prefer to share the 18800 Delaware Street address. Dick Harlow was present and stated that although a separate address would be required by the Building Department, perhaps the applicant could use the 18800 Delaware Street address for mailing purposes. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-77 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 - CONDITIONAL USE PERMIT NO. 95-77: 1. The establishment, maintenance and operation of the physical therapy enclosure 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 facility will primarily be used by patients of the hospital staff. Approximately 5 patients at a time will use the pool. During off hours, the pool will be available to senior citizens within the community for exercise therapy. 2. The granting of the conditional use permit will not adversely affect the General Plan. The Mixed Development land use designation in the Land Use Element provides for this type of use as an recreational use and as an extension of office -professional use. 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. The proposed physical therapy pool enclosure complies with the Pacifica Community Plan standards as authorized by Chapter 215, Specific Plans, of the Huntington Beach Zoning and Subdivision Ordinance. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-77: 1. The site plan, floor plans, and elevations received and dated August 22, 1995, shall be the conceptually approved layout. 2. 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 (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 3 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. 3. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Four sets of landscape and irrigation plans to the Department of Community Development and Public Works for review and approval. Said landscape plan shall include an inventory of trees proposed to be removed with the trunk diameter at 4 ft.-6 in. above grade, quantity, and type of tree indicated. Any existing mature tree removed shall be replaced at a 2 to 1 ratio with 36 inch box trees or palm tree equivalent. 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 landscape plan shall be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be complete and approved by both departments prior to issuance of building permits. b. The following Fire Department requirements shall be noted on the building plans: (1) Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. (2) Fire extinguishers shall be installed and located in areas to comply with the Huntington Beach Fire Code standards. (3) Address numbers will be installed to comply with City Specification No. 428. c. The applicant shall submit a request to the Planning Division for new address assignment. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. 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. (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 4 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-77 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. 4. All applicable Public Works fees shall be paid. 5. The Traffic Impact Fee shall be paid at the time of certificate of occupancy. ITEM 2: USE PERMIT NO.94-81 Applicant: Pamela Hunt, Seawind Cove H.O.A., 2112 E. 4th Street, Santa Ana, CA 92705 Property Owner: Seawind Cove Homeowners Association, 2112 E. 4th Street, Santa Ana, CA 92705 Request: To permit the installation of electronic sliding security gates at the Seawind Cove Condominiums. Location: 8105 Surfline Drive (south side of Garfield Avenue, east of Beach Boulevard) Jane Madera, staff planner, stated that this was a request for an electronic sliding security gate system at an existing condominium complex. Ms. Madera noted that the request is labeled as a use permit because the application was submitted before the code requirements changed. The subject condominium of 109 units is located at the south-east corner of Garfield Avenue and Beach Boulevard. There is one (1) entrance from Garfield Avenue into the project area. Site plans were shown. Ms. Madera stated that the security gates would slide towards the middle of the drive aisle and would cross. Staff recommended that there be an additional five (5) feet of wrought iron on each side for aesthetic purposes. In addition, staff recommended that a loop system be provided so that upon exiting the site the gate would automatically open. Ms. Madera stated that the applicant has proposed to install a telephone entry system to the right of the driveway. Such system would necessitate a car to stop and the guest to get out to call the tenant. Ms. Madera noted that there would be enough room for another automobile to open the gate and go around the stopped guest. Both the Fire Department and Public Works have reviewed the application. Public Works required that the plans be able to demonstrate that a large truck could turn around and exit the property if unable to gain access to the interior of the project. In response, the applicant has proposed to cut the existing landscaping on both sides of the entryway to widen the driveway. Ms. Madera stated that cutting the existing landscaping does not effect the existing units, however there are trees that may be removed as a result. The Fire Department recommends that the applicant comply with Fire Specification 403 for the necessary widths for emergency vehicle access. The Opticom System must be installed for emergency vehicle access, as well. Staff recommended approval of this request with the condition that any trees removed be replaced within the immediate vicinity on a one (1) to one (1) ratio. In addition, it was recommended that a landscape plan be submitted to Public Works, if deemed necessary, to depict (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 5 how any of the existing irrigation systems would be altered or would need to be amended as a result of cutting. THE PUBLIC HEARING WAS OPENED. Paul Cook, who worked on the supplemental application and traffic issues, was present and stated that he concurred with Ms. Madera's presentation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.94-81 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 - USE PERMIT NO. 94-81: 1. The establishment, maintenance and operation of the sliding electronic security gates 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 security gates will be setback a substantial distance from the public right-of-way (approximately 75 feet) in order to provide sufficient stacking area for vehicles entering the site. In addition, the landscaping and curbing adjacent to the drive aisle will be modified to permit a large truck to perform a three point turn -around to exit the site without backing into Garfield in the event that access to the complex is denied. 2. The granting of Use Permit No. 94-81 will not adversely affect the General Plan of the City of Huntington Beach which promotes and encourages safe and viable residential developments in the Medium Density Residential land use designation. 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 including provision of a landscape plan for replacement of trees at a one to one (1:1) ratio and an Opticom receiver for emergency personnel access. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT 94-81: The site plan, floor plans, and elevations received and dated October 18, 1995 shall be the conceptually approved layout with the following modifications: a. The site plan shall be revised to provide clear dimensions on the proposed gates and fences. The plans shall depict how the gates will open, the width of the open gates, and the specific location of the telephone entry system. (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 6 b. Gates must comply with Fire Department City Specification #403, c. Turning radius must comply with City Specification #401. d. Gates shall have an Opticom receiver that will open the gates by means of strobe light on fire apparatus. 2. A revised site plan shall be submitted depicting the modifications described above. Any trees removed as a result of the security gates and/or proposed curb -cuts shall be relocated or replaced at a one to one (1: 1) ratio. All trees shall be relocated or replaced with a tree equal in size and maturity within the immediate vicinity of the proposed gates. Any trees that cannot be relocated/replaced within the immediate vicinity of the gates shall be placed elsewhere within the complex subject to approval of the City Landscape Architect. 4. The gate shall be equipped with sensors so that it automatically opens upon exiting. No key, remote control, or any other special knowledge shall be required to exit the complex. 5. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Landscape and irrigation plan to the Department of Public Works for review and approval. Said landscape plan shall include one (1) replacement tree for each one (1) tree removed as a result of the security gates and curb cuts. The set must be complete and approved by both the Departments of Public Works and Community Development prior to issuance of building permits. 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. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. (g:zamin: 110 1) November 1, 1995 Zoning Administrator Meeting Minutes Page 7 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. The Zoning Administrator reserves the right to revoke if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 3: NEGATIVE DECLARATION NO.95-1 Applicant: City of Huntington Beach, Larry Taite-Public Works Department, 2000 Main Street, Huntington Beach, CA 92648 Property Owner: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 CALTRANS, District 12, 2501 Pullman Street, Santa Ana, CA 92705 Attn: Mr. Al Fisher, Chief Environmental Planning City of Westminster, 8200 Westminster Blvd., Westminster, CA 92683 Attn: Mr. Marwan Youssef, City Engineer [bequest: To permit construction of a new bridge to widen the overcrossing of the I- 405 freeway at McFadden Avenue. The construction of a new two (2) lane bridge will serve eastbound traffic while the existing bridge will be retained to serve westbound traffic. No ramp connection to the I-405 freeway exists or is proposed at this location. The project includes widening the existing approach along the south side of McFadden Avenue and construction of a retaining/sound wall. Location: McFadden bridge crossing at I-405 freeway Jane Madera, staff planner, stated that this is a request by the Public Works Department to widen an existing freeway overpass. Aerial pictures were shown. Ms. Madera stated that McFadden approaching the overpass is a two (2) lane road in each direction. Once McFadden reaches the overpass, it narrows to one (1) lane. The request proposes to build a new bridge to the south of the existing bridge for eastbound traffic. Ms. Madera stated that this request has gone before the Environmental Assessment Committee who recommended that the application be processed with mitigation measures. It was noted that all trees removed as a result of the project must be replaced on a two (2) to one (1) ratio. If the applicant cannot replace the trees within the project vicinity, a tree voucher program must be offered to the adjacent property. Public Works requires that a traffic management plan be submitted to demonstrate how all vehicles, pedestrians, and bicyclists would be rerouted in an appropriate manner during construction. In addition, if the staging area for the construction project is located within the City, it must be located as far away (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 8 from residential areas as possible. Ms. Madera stated that a sound wall is also proposed between the mobile home park and the new bridge. It was noted that a final noise study must be submitted at the end of the project to determine what decibel level these homes will be affected by and to make sure that the level falls within the CNEL guidelines for noise impacts. Regarding lighting on the new bridge, Ms. Madera stated that low wattage lighting directed toward vehicle travel lanes will be provided. Ms. Madera noted that the project will also occur in the City of Westminster. The City of Westminster has reviewed the application and has no comment; they recognize that the City of Huntington Beach is the lead agency for this project. Staff recommended approval of this request. Mike Strange, Zoning Administrator, asked for clarification on the boundaries between the City of Huntington Beach and the City of Westminster. In addition, he questioned how the residents of the mobile home park would be notified of the project. Ms. Madera presented site maps which indicated the boundaries in question. It was noted that this negative declaration is not a public hearing. Because the applicant would be importing more than 25,000 cubic yards of soil for the project, they will have to go before the Planning Commission for approval. Ms. Madera stated that the Planning Commission hearing will be public and that the residents will be notified at that time. NEGATIVE DECLARATION NO. 95-1 WAS APPROVED WITH MITIGATION MEASURES 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. MITIGATION MEASURES - NEGATIVE DECLARATION NO. 95-1: A Water Quality Control Plan shall be required and approved by the Public Works Department prior to issuing grading permits. The plan shall indicate specific means of reducing sedimentation including but not limited to the following: a. The project shall provide appropriate sediment traps in open channels and energy dissipaters in stormwater conduits and storm drain outlets. b. Surplus or waste material from construction shall not be placed in drainage ways or within the 100-year floodplain of surface waters. c. All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate any discharge to waters of the State. d. Dewatering shall be done in a manner so as to eliminate the discharge of earthen material from the site. e. All non -construction areas shall be restricted by fencing, signage or other means to prevent unnecessary disturbance. (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 9 f. During construction, temporary gravel or sandbag dikes shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. g. Stabilizing agents such as straw, wood chips and/or hydroseeding shall be used during the interim period after grading in order to strengthen slopes while ground cover takes hold. h. Impervious areas shall be constructed with infiltration trenches along the downhill edges to dispose of all drainage emanating from them. i. Revegetated areas shall be continually maintained in order to assure adequate growth and root development. j. Physical erosion control facilities shall be checked by a routine maintenance and inspection program to provide continued erosion control integrity. 2. Construction of the proposed project shall be required to be in compliance with SCAQMD Rule 403, which shall reduce fugitive dust amounts by up to 50 percent. Dust reducing measures shall be noted on the grading plans, and shall, at minimum, include regular watering of graded surfaces, restriction of all construction vehicles and equipment to travel along established and regularly watered roadways, and requiring operations that tend to create dust be suspended during windy conditions. The City shall ensure that the project shall also comply with SCAQMD Rule 402 to reduce potential nuisance due to odors from construction activities. Compliance with Rules 402 and 403 will be the responsibility of the project contractor and will be monitored by the Public Works Department. 3. Mature trees impacted by the project shall be replaced at a minimum 2:1 ratio with 36-inch box tree specimens, in the immediately affected area. If the number of trees required through 2:1 replacement exceed the number that can be accommodated within the project site, the City shall implement a "tree voucher program" which allows adjacent residents or property owners to plant "surplus" trees along their property and the project perimeter. Prior to issuance of a grading permit, a landscape and irrigation plan shall be submitted to the City for review and approval. 4. Project construction activities on the overcrossing approaches shall be limited to 8:00 a.m. to 8:00 p.m., Monday through Saturday, excluding federal holidays. 5. A final noise study will be conducted as part of the final design plan preparation to determine the precise location and height of sound walls to be constructed adjacent to the Driftwood Mobile Home Park. The sound wall shall be designed such that the rear yards of mobile home park residents does not exceed 65 CNEL, and the interior of mobile home units does not exceed 45 CNEL. To the extent possible, existing mature trees and other vegetation between the mobile homes and McFadden Avenue shall be retained or replaced to afford additional aesthetic relief and noise attenuation for mobile home residents. The (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 10 final noise study shall also consider other adjacent residential areas, and confirm that no additional project -related noise mitigation is necessary. 6. A final noise study shall be conducted following construction to determine the adequacy of location and height of the constructed sound wall(s). The final noise study shall be prepared within 30 days of project completion and reviewed by the Planning Department. 7. Prior to installation of lighting, a lighting plan shall be submitted to the City for review and approval. All new street lighting shall be of sufficient wattage for public safety, and shall be directed toward vehicle travel lanes so as to prevent incidental spillover into adjacent residential areas. 8. The Construction Manager or designee should be knowledgeable in pertinent regulatory and procedural matters relative to hazardous materials. If unknown waste/underground tanks are discovered during construction by the contractor which he/she believes may involve hazardous waste/materials, the contractor shall: a. Immediately stop work in the vicinity of the suspected contaminant, removing workers and the public from the area; b. Notify the Project Engineer of the implementing agency; c. Secure the area as directed by the Project Engineer; and d. Notify the implementing agency's Hazardous Waste/Materials Coordinator. The implementing agency's Hazardous Waste/Materials Coordinator shall follow procedures for site assessment, initiate coordination with local, state and regulatory agencies as required, and take remedial action as appropriate. 9. The responsible agency shall notify contractors performing the construction activities, and the construction manager, that detectable concentrations of lead are present at the site and necessary health and safety measures should be taken to minimize potential exposure of persons to lead during construction of the project. 10. Soil excavated between ground surface and 1.5 feet below surface (bgs) shall be stockpiled separately and shall be placed in the interior part of earth fills and/or hauled to an appropriate off -site location for disposal. 11. Short-term construction impacts on traffic flow in the affected area shall be mitigated by a Traffic Management Plan to be established prior to construction of any improvements. This Plan shall consist of prior notices, adequate sign -posting, detours, phased construction and temporary driveways where necessary. The Plan shall specify implementation timing of each plan element (prior notices, sign -posting, detours, etc.) as determined appropriate. Adequate access shall be provided at all times to and from businesses. Proper detours and warning signs shall be established to ensure public safety. The Traffic Management Plan (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 11 shall be devised so that construction will not interfere with any emergency response or evacuation plans. Construction activities shall proceed in a timely manner to reduce impacts. 12. Any impacted utility lines or related facilities shall be relocated or replaced in accordance with the local utility agency requirements, prior to issuance of grading permits. 13. The contractor shall provide opaque screening around any construction staging area to the satisfaction of the Planning Department, prior to storing any construction materials or vehicles in the staging area. In addition, if located within the City, the staging area shall be as far away from residential areas as practical. ITEM 4: VARIANCE NO.95-22 Applicant: Michael Del Monaco, 9910 Camrose Circle, Fountain Valley, CA 92708 Property Owner: Harvey A. Greenleaf, 7702 Yukon Drive, Huntington Beach, CA 92648 Request: To permit an existing carport to remain at a zero (0) side yard setback (minimum five (5) feet setback required). Location: 7702 Yukon Drive (north of Ellis Avenue and east of Huntington Street) Mary Beth Broeren, staff planner, stated that this is a request to permit an existing carport structure at a zero (0) side yard setback where a minimum five (5) foot setback is required. The carport was built without the benefit of a building permit and the request is the result of code enforcement activity. Photographs of the subject property were shown. Ms. Madera stated that the applicant has requested the carport remain at the zero (0) side yard setback for two reasons: there is only 14 feet of usable street frontage in front of the subject lot where 19 feet is the standard length for a parking space; the applicant has a vehicle that is too tall for the existing garage therefore the need for additional covered parking. It was noted that the carport is setback 40 feet from the public right-of-way and that the carport was built with rain gutters to ensure that drainage would not fall onto the adjacent property. The Building Division has reviewed the application and stated that for the building permit the site plans must show the drainage system and one -hour construction due to its proximity to the property line. Ms. Madera stated that this can be achieved by providing stucco underneath the entire roof of the carport as well as the connecting beams. Staff recommended that a covenant be recorded on the property stating that the carport not be enclosed for a living area. Planning staff recommended approval of this request on the basis that there is limited street frontages and that, given the configuration of the particular tract, approximately one-half of the applicant's parcel is not accessible by a vehicle. THE PUBLIC HEARING WAS OPENED. Michael Del Monaco, applicant, was present and stated that he would comply with all conditions of approval. (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 12 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO 95-22 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. 95-22: The granting of Variance No. 95-22 for a carport at a zero (0) side yard setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject property has reduced street frontage compared to most properties in this zone classification with only 14 feet available for on -street parking (19 feet is standard length for a parking space). 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 classification. Because of the street and lot configuration in the area, one half of the subject property is not accessible to vehicles. Thus, the only area where a carport could be located results in the zero (0) side yard setback. In addition, the lot has reduced street frontage limiting on -street parking to a 14 foot long area. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. A zero (0) side yard setback is allowed in this zone classification under certain conditions. Additionally, the owner is deprived of adequate on -street parking. 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 area of the other property that is adjacent to the carport is occupied by a garage and does not affect the living area of the associated unit. The carport will be setback 40 feet from the public right-of-way. SPECIAL CONDITIONS OF APPROVAL - VARIANCE NO. 95-22: The site plan, floor plans, and elevations received and dated September 18, 1995 shall be the conceptually approved layout. 2. Prior to issuance of building permits, the following plans and items shall be submitted by the applicant: a. A covenant precluding the enclosure of the carport area to living space to the Department of Community Development. (g:zamin:1101) November 1, 1995 Zoning Administrator Meeting Minutes Page 13 3. The applicant/property owner shall apply for all necessary building permits within 30 days of this approval action. The building permit shall be finaled within 90 days of this approval action. All building permit requirements, including one -hour construction, proper drainage via gutters, and/or other modification, shall be completed without increasing the size or height of the structure. 4. All gutters on the carport shall be maintained such that there is no drainage onto the adjacent property. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the 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. The Zoning Administrator reserves the right to revoke Variance No. 95-22 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. THE MEETING WAS ADJOURNED AT 2:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 8, 1995. Mike Strange, Zoning Administrator MS:MBB:Iek (g:zamin:1101)