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HomeMy WebLinkAbout1996-03-20MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 20, 1996 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Susan Pierce, Wayne Carvalho, Mary Beth Broeren, Lisa Koch MINUTES: March 6, 1996 Zoning Administrator meeting minutes approved. ORAL COMMUNICATION: None Herb Fauland, Zoning Administrator, ruled to trail Item #1 to give the applicant additional time needed to be present. ITEM 2: SPECIAL SIGN PERMIT NO. 95-13 PLANNED SIGN PROGRAM NO. 95-11 Applicant: Robert H. Lee and Associates Request: To retain an existing five (5) foot seven (7) inch high, 42 square foot freestanding monument sign and install an identical sign within the same landscape planter which will be oriented toward Adams Avenue. Location: 9001 Adams Avenue (northeast corner at Magnolia Street) Wayne Carvalho, project planner, stated that this was a request for an additional freestanding sign to be located in the landscape planter oriented toward Adams Avenue. It was noted that currently there is an existing five (5) foot seven (7) inch high, 42 square foot freestanding monument sign within the same landscape planter, The Design Review Board reviewed the application and recommended that this request be approved with the condition that the signs be consolidated into one (1) sign structure. In addition, it was recommended that the property's address be placed on the consolidated sign. Mr. Carvalho stated that the Zoning Code would allow two (2) options. The first option would allow one (1) 20 square foot monument sign with pricing elsewhere on the site. The second option would allow a 50 square foot monument sign which would include the pricing. March 20, 1996 Zoning Administrator Meeting Minutes Page 2 Because this particular service station is in close proximity with other service stations that have additional signage, it was noted that staff would support this request with the modification that the signs be consolidated into one (1) sign structure and that the address be displayed on the sign. Mr. Fauland, Zoning Administrator, questioned whether or not the surrounding service stations had obtained building permits for their additional signage. Mr. Carvalho stated that building permits were on file for the surrounding service stations but that Special Sign Permits had not been obtained for the additional signage. THE PUBLIC HEARING WAS OPENED. Emilia Lau -Leon, representative for the applicant, was present and requested approval of the application. Ms. Lau -Leon stated that the intent of the additional signage was to allow exposure to both Adams Avenue and Magnolia Street. It was noted that the 76 station directly across the street currently has three (3) separate signs within the same landscape planter. Ms. Lau -Leon presented to the Zoning Administrator a second option that would be acceptable to the applicant; elevations were not available. Mohammed Zwayne, employee of Mobil Oil Corporation, was present and requested approval of the application. Mr. Zwayne stated that currently the service station has very low visibility and the additional signage would increase business. It was noted that the subject service station contributes a portion of its gas proceeds to neighboring schools and that the increased business would, in turn, increase contributions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, questioned whether or not the proposed changes to the sign regulations would allow additional signage or modifications to service station signs that would accommodate such a request. Wayne Carvalho stated that currently the proposed changes would not allow additional signage or modifications. Mr. Fauland stated that in his opinion the existing monument sign, if correctly placed, would provide adequate visibility for motorists on both Adams and Magnolia Streets. He indicated that the site currently provides adequate signage and the proposal for two (2) identical signs at the corner is not in keeping with the existing and proposed Sign Code. He noted that the staff and ]Design Review Board's recommendations would provide the site with improved visibility. SPECIAL SIGN PERMIT NO.95-13/PLANNED SIGN PROGRAM NO.95-11 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. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 3 ]FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO. 95-13/PLANNED SIGN ]PROGRAM NO. 95-11: 1. The modification of the existing five foot, six inch high, 42 square foot monument sign to allow additional sign faces allowing for exposure onto both Magnolia Street and Adams Avenue is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The modified monument sign allowing sign copy perpendicular to Adams Avenue will provide business exposure to motorists traveling on both streets, similar to service stations located directly across the street. 2. The proposed monument sign will not adversely affect other signs in the area. The sign meets the maximum height limit and will not block the vision to other signs in the area. 3. The proposed monument sign will not be detrimental to properties located in the vicinity. The location and design of the sign is similar to other business identification/pricing signs in the immediate vicinity, and will not adversely effect adjacent properties. 4. The proposed monument sign at 9001 Adams will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The sign will not be located within the site angle visibility area of the corner landscape planter. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO. 95-131PLANNED SIGN ]PROGRAM NO.95-11: 1. The site plan and sign elevations received and dated March 18, 1996 shall be the approved layout with the following modifications: a. The existing monument and proposed sign copy shall be consolidated into one (1) monument sign. b. The monument sign shall be located within the corner landscape planter outside of the 25 foot site angle visibility area. c. No signs shall be permitted within the 10 foot wide planters located along Magnolia Street and Adams Avenue. d. The sign shall include the address with minimum six inch numerals. 2. A revised site plan shall depicting the revisions above shall be submitted to the Community Development Department for inclusion in the entitlement file prior to issuance of permits. 3. All conditions of approval shall be printed verbatim on the coversheet of all plans submitted for plan check. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 4 4. The Zoning Administrator reserves the right to rescind Special Sign Permit No. 95-13 and Planned Sign Program No. 95-11 in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. INFORMATION ON 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 Special Sign Permit No. 95-13 and Planned Sign Program No. 95-11 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 3: SPECIAL SIGN PERMIT NO. 96-1 PLANNED SIGN PROGRAM NO.96-1 Applicant: San Pedro Sign Company Request: To permit three (3) wall signs totaling 314 square feet in lieu of maximum 168 square feet and a six (6) foot high, 24 square foot monument sign identifying Blockbuster Video. The request includes revising the Center's Planned Sign Program to allow an additional monument sign and to allow wall signs with 24 inch high letters for businesses occupying 3,000-5,000 square feet and 36 inch high letters for businesses occupying over 5,000 square feet. Location: 5141 Warner Avenue (Meadowlark Plaza) Wayne Carvalho, project planner, stated that the applicant has requested a continuance of this application for two (2) weeks to the April 3, 1996 Zoning Administrator meeting so that the property owner may be present. THE PUBLIC HEARING WAS OPENED. Mrs. Bowers, adjacent resident, was present to express concern over the applicant's request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE ]REQUEST AND THE PUBLIC HEARING WAS CLOSED. SPECIAL SIGN PERMIT NO.96-1/PLANNED SIGN PROGRAM NO.96-1 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE APRIL 3, 1996 ZONING ADMINISTRATOR MEETING. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 5 Herb Fauland, Zoning Administrator, stated that he would act on Item #1 on the agenda at this time. ITEM 1: CONDITIONAL USE PERMIT NO.95-104 VARIANCE NO.95-38 Applicant: Jeff Bergsma Request: To permit a three (3) car garage with dwelling unit above at a nonconforming three (3) foot setback in lieu of five (5) feet and variances to allow tandem parking, an eight (8) foot six (6) inch building setback and a three (3) foot nine (9) inch deck setback in lieu of nine (9) foot two (2) inches. Location: 924 Main Street (southeast corner of Main Street and Eleventh Street) Susan Pierce, project planner, stated that the subject property is zoned RM(Q), Medium Density Residential -Qualified, which limits building height to two (2) stories. It was noted that the property is irregular in shape. Ms. Pierce stated that the applicant proposes to remove the existing garage and curb cut on Eleventh Street and build a new garage with alley access and a one-story bedroom unit above the garage. Staff recommended that the plans be modified to provide a 24 foot garage setback which would shift the corner of the building up approximately five (5) feet. With modified plans, there would be an encroachment of a corner of the garage (roughly five [5] square feet) and one-half of the upstairs deck in the side setback. Ms. Pierce stated that the applicant has also requested that the parking provided in the garage be tandem parking. It was noted that staff supports the tandem garage parking. Staff was concerned, however, with the elevation of the proposed unit as well as the outer stairway being located so close to the right-of-way on Eleventh Street and referred these concerns to the Design Review Board. At the Design Review Board meeting, the applicant presented an elevation that he felt was more in keeping with the architectural style of the home. The elevation has added siding along the decking and glass block above the siding and along the block wall. Staff recommended approval of this application with conditions such as a noise study requirement, a Covenant to Hold as One Parcel, street improvements along Eleventh Street and Main Street and dedication for the alley widening of two (2) and one-half (1/2) feet along the rear. Herb Fauland, Zoning Administrator, questioned whether or not the proposed unit would be for rental purposes. Ms. Pierce stated that the proposed unit could be used for rental purposes. Mr. Fauland indicated that he felt the site is unusual in shape and that it warranted consideration for the requests as modified by staff. THE PUBLIC HEARING WAS OPENED. Jeff Bergsma, applicant, stated that the encroachment of the garage is minimal. In addition, Mr. Bergsma stated that he would have control over the tandem parking and that there would not be any related conflicts. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 6 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 95-104NARIANCE NO.95-38 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.95-38: The granting of a variance for an eight (8) foot six (6) inch building setback and a three (3) foot nine (9) inch deck setback in lieu of nine (9) feet two (2) inches and tandem parking will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The building and deck encroachments are less than five (5) square feet (building) and 36 square feet (deck). The majority of properties in the vicinity are rectangular in shape and would allow parking and projections compliance. The proposed project requires five parking spaces and three enclosed and three open parking spaces are provided. 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. The 0.37 gross acre site tapers and narrows toward the rear, adjacent to the alley. The shape and width of the parcel limits placement of on -site parking with alley access. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The site is zoned and general planned to allow two (2) residential units. 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 variance removes a curb cut on Eleventh Street, provides six on -site parking spaces, and allows an additional on -street parking space. ]FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-104: Conditional Use Permit No. 95-104 for the establishment, maintenance and operation of a three (3) car garage with a dwelling unit above at a nonconforming three (3) foot setback 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. a. The architectural design is consistent with the main building. b. The project site is located in a multi -family zone. (g:za:min:0320) 1 March 20, 1996 Zoning Administrator Meeting Minutes Page 7 c. The design complies with construction requirements of the Uniform Building Code. 2. The granting of a three (3) car garage with a dwelling unit above at a nonconforming three (3) foot setback will not adversely affect the General Plan of the City of Huntington Beach. The proposed two (2) units on 0.37 gross acres is consistent with the Residential Low Density land use designation which allows seven (7) units per gross acre. 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 project complies with development standards and parking requirements, except as granted by Variance No. 95-38. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-104 / VARIANCE NO.95-38: The site plan and floor plans received and dated December 19, 1995, and the elevations received February 2, 1996 shall be the conceptually approved layout with the following modification: a. The garage shall be set back 24 feet from the alley ultimate right-of-way. 2. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. b. Elevations shall depict colors and building materials proposed, as approved by the Design Review Board. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Alley dedication of 2.5 feet along the rear of the subject property. (PW) b. A grading plan shall be submitted to the Department of Public Works for review and approval. (PW) A Covenant To Hold As One Parcel request shall be submitted to the Department of Community Development to consolidate portions of Lots 26 and 22 and Lot 24, Block 910 of Wesley Park Tract. Following approval, the covenant shall be recorded with the Orange County Recorder and a copy of the recorded covenant with the Department of Community Development prior to final inspection or occupancy. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 8 4. Prior to final inspection or Certificate of Occupancy: a. Remove and replace existing sidewalk on Main and Eleventh Streets. (PW) b. Remove existing curb and replace with curb and gutter. (PW) c. Remove and replace one-half alley (asphalt to concrete). (PW) d. Install sewer lateral. (PW) e. Install water service. (PW) f. Remove and replace the existing half round drains, at the corner of Main and Eleventh Streets, to the satisfaction of the Department of Public Works. (PW) g. Construct full concrete alley apron. (PW) h. Remove existing driveway on Eleventh Street and replace with curb, gutter and sidewalk. (PW) 5. Prior to final building permit approval, the following shall be completed: a. 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. b. Compliance with all conditions of approval specified herein shall be accomplished. 6. The proposed structure shall be architecturally compatible with the existing structure. 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. 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. ]INFORMATION ON SPECIFIC CODE REQUIREMENTS: I . The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. (g:za:min:0320) March 20, 1996 Zoning Administrator Meeting Minutes Page 9 2. All applicable Public Works fees shall be paid. 3. Traffic Impact fees shall be paid at the time of issuance of a Certificate of Occupancy or final inspection. 4. An encroachment permit shall be required for all work within the City right-of-way. 5. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experiences in the field of acoustical engineering, with the application for building permit(s). 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. Park and Recreation fees shall be paid at issuance of building permits. 8. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 9. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-104 and Variance No. 95-38 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, MARCH 27, 1996. c-- Herb Fauland Zoning Administrator (g:za:min:0320)