HomeMy WebLinkAbout1996-04-03MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, California
'WEDNESDAY, APRIL 3, 1996 - 1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBERS: Wayne Carvalho, Mary Beth Broeren, Lisa Koch
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: SPECIAL SIGN PERMIT NO.96-1
PLANNED SIGN PROGRAM NO. 96-1
(BLOCKBUSTER VIDEO -CONTINUED FROM 03/20/96)
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 request was to permit three (3) wall signs on a
freestanding pad located just off of Warner Avenue. It was noted that the wall signs would
identify Blockbuster Video on the south, west and north elevations. Mr. Carvalho stated that the
request, in terms of letter height, has been modified from the original request on March 20, 1996,
to 30 inch channel letters on the north and south elevations with 18 inch letters on the west
elevation. In addition, the applicant has requested a six (6) foot high monument sign, 24 square
feet in area, to be located adjacent to the building. The request includes revising the Center's
Planned Sign Program. The Design Review Board reviewed the original application submittal
and recommended that the letter height be limited to 30 inches on the north and south elevations
and the west elevation and freestanding sign be deleted. It was noted that staff does not
April 3, 1996 Zoning Administrator Meeting Minutes
Page 2
support the request for the additional freestanding sign based on the fact that the center has
approval for only three (3) freestanding signs and this would be the fourth. Regarding letter
height, staff recommended that the applicant stay within the 24 inch height limit for the south and
north elevations and recommended approval of 18 inch letters on the west elevation.
THE PUBLIC HEARING WAS OPENED.
:Mark Frank, representative of San Pedro Sign Company, presented photographs of other
Blockbuster locations within the area for comparison. Mr. Frank requested that this application
be approved and that the Planned Sign Program be amended. It was noted that the applicant's
intention is to allow higher profile advertising, thus increasing exposure. Mr. Frank stated that 30
inch letters are acceptable but smaller letters would create a hardship.
]David Powell, representative for the owners of the property, was present and stated that prior to
the center opening, the original sign criteria that was approved included a monument sign for this
particular building. Mr. Powell requested approval of this application as submitted.
Annette Bowers, adjacent resident, questioned whether or not the signs would be internally
illuminated. It was noted that the signs would be internally illuminated. Ms. Bowers voiced
concern that neighboring stores would request to increase their signage.
Ed Flick, adjacent resident, stated that he did not support the applicant's request.
Sam Saul, employee of Blockbuster Real Estate, was present and stated that signs perpendicular
to vehicular traffic are more visible to the human eye; thus, the request for the monument sign.
Mr. Saul requested approval of this application as submitted.
Mark Wendel, construction manager for Blockbuster, was present and stated that the exterior
design of the subject building differs from the surrounding buildings. It was noted that Mr.
Wendel believes the request to be in balance with the architecture of the building and is in
character with the building's facade.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Herb Fauland, Zoning Administrator, questioned the original intent of the number of monument
signs for the subject center, Mr. Powell stated that the intent was to allow maximum flexibility
due to the fact that it was uncertain when the building was built as to whether or not the center
would be an individual or multi -tenant building.
Mr. Fauland questioned Mr. Carvalho as to the number of suites that would be affected if he
allowed 30 inch letters. Mr. Carvalho stated that only two (2) other stores, Ralph's and Longs,
occupy over 5,000 square feet.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 3
Mr. Fauland indicated that the building identification signs, as revised, provided the business with
adequate visibility and identification. He further indicated that the proposed monument sign does
not present any special circumstances for approval. He felt that the proposed building
identification signs provide the necessary signage along Warner Avenue and the proposal for
another monument sign would clutter the Warner Avenue frontage and would not be aesthetically
pleasing. He stated he would deny the request for the additional monument sign.
SPECIAL SIGN PERMIT NO. 96-1 WAS DENIED WITH FINDINGS. PLANNED SIGN
PROGRAM NO. 96-1 WAS CONDITIONALLY APPROVED AS AMENDED WITH THE
FINDINGS AS OUTLINED BY STAFF 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 DENIAL - SPECIAL SIGN PERMIT NO. 96-1:
1. Strict compliance with Chapter 233 will not result in a substantial economic hardship to the
applicant. The business will have sufficient business exposure with 175 square feet of wall
signage on the building. Furthermore, the other retail pad adjacent to Warner is not provided
with a separate freestanding sign.
2. The proposed six foot high, 24 square foot monument sign identifying Blockbuster Video may
adversely affect other signs in the area. The additional monument sign will create sign clutter
with the other three approved freestanding signs fronting Warner Avenue. The proposed sign
exceeds the maximum number of freestanding signs allowed by code.
The proposed six foot high, 24 square foot monument sign identifying Blockbuster Video may
obstruct vehicular or pedestrian traffic visibility and may be a hazardous distraction. The
proposed sign is located adjacent to a building setback approximately 25 feet from Warner
Avenue. With wall signs proposed on three elevations of the building, together with the other
freestanding signs, the proposed monument sign may be a hazardous distraction to motorists.
]FINDINGS FOR APPROVAL - PLANNED SIGN PROGRAM NO. 96-1:
The planned sign program to allow 30 inch high letters for tenants occupying over 5000
square feet will incorporate similar design elements in terms of materials, colors, illumination,
and sign type.
2. Planned Sign Program No. 96-1 provide for signs that will be compatible with architectural
style and colors of the building.
3. The proposed wall signs are compatible with the style and character of existing signs and
improvements on the site and are well -related to each other, reflecting a common theme and
design style.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 4
CONDITIONS OF APPROVAL - PLANNED SIGN PROGRAM NO.96-1:
1. The site plan and sign elevations received and dated March 18, 1996 shall be the approved
layout with the following modifications:
a. The monument sign shall be omitted.
2. Prior to issuance of building permits, Planned Sign Program No. 92-9 shall be modified to
address the changes in sign criteria for Meadowlark Plaza. The approved changes include the
following:
a. Tenants occupying a minimum of 5000 square feet of floor area shall be allowed 30 inch
high letters provided the letters do not exceed 75% of the fascia height.
3. The Zoning Administrator reserves the right to rescind this special sign permit approval 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 REQUIREMENTS:
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. 96-1 if any
violation of these conditions of the Huntington Beach Ordinance Code occurs.
ITEM 2: CONDITIONAL USE PERMIT NO. 96-1
VARIANCE NO. 96-6
(HUNTINGTON VISTA APARTMENT COMPLEX)
Applicant: Steve Nagel
Request: To permit the installation of security fencing at two (2) vehicular driveways and a
pedestrian walkway at the Huntington Vista Apartment complex. The request
includes a variance for a four (4) space parking reduction.
Location: 21551 Brookhurst Street (west side, south of Hamilton Avenue)
Wayne Carvalho, project planner, stated that this was a request to permit a security fencing
system at the Huntington Vista Apartment complex located at 21551 Brookhurst Street. The
security fencing would be located at the north and south entrances to the complex. It was noted
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 5
that the proposal includes installing a sliding gate, approximately 38 feet from the sidewalk, at the
north entrance restricted to residents only. At the south entrance, the proposal would include
installing a sliding gate as well as a separate drive aisle to be accessible for guests. It was noted
that management for the apartment complex has received numerous requests to secure the
property from criminal activity. The Public Works and Fire Departments reviewed the subject site
plans and recommended the following modifications. The Public Works Department
recommended that the north entrance include a sign identifying that it is restricted to residents
only, the south driveway be modified to include a radius curb, the loop system be implemented in
lieu of the pressure pad system, and that the island medians be enlarged. The Fire Department
recommended that the 30 foot approach and departure be provided for the guest drive aisle and
that a strobe system be installed at the security gates for emergency entry. Mr. Carvalho stated
that the request includes a reduction in the parking requirement for this project. Currently there
are 434 parking spaces; the requirement for the complex is 432 parking spaces. The applicant has
requested a six (6) space reduction, thus resulting in a four (4) space deficit. It was noted that no
letters or telephone calls have been received. Staff recommended approval of the project with
modifications.
Herb Fauland, Zoning Administrator, stated that he did inspect the subject property and found
potential locations for providing the four (4) parking spaces that would be lost. Mr. Fauland
suggested restriping an area on the north side of the complex to regain the lost spaces. In
addition, Mr. Fauland voiced concern over where visitors would park due to the fact that the
rental office is located well within the subject property.
THE PUBLIC HEARING WAS OPENED.
Nancy Arnold, representative of the property management company for Huntington Vista
Apartments, was present and stated that a gated community is desirable by both current renters
and prospective renters. It was noted that there are restriping possibilities within the complex in
order to regain the four (4) parking spaces that would be lost by this project. She indicated that
play areas would be displaced if the areas proposed by the Zoning Administrator were to be
parking spaces.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
]REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO. 96-1 / VARIANCE NO.96-6 WAS
CONDITIONALLY APPROVED WITH THE FINDINGS AS OUTLINED BY STAFF 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. 96-1:
1. Conditional Use Permit No. 96-1 for the installation, maintenance and operation of
security fencing and 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
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 6
improvements in the neighborhood. With the conditions imposed, the fencing will not
impact the minimum emergency access requirements specified by the Fire Department.
2. The granting of Conditional Use Permit No. 96-1 will not adversely affect the General
Plan of the City of Huntington Beach. The proposed security fencing is consistent with
the Medium High Residential Land Use designation of the General Plan.
The proposed fencing and gates 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. Furthermore, the fencing and
gates will comply with the requirements set forth by the Fire and Public Works
Departments.
FINDINGS FOR APPROVAL - VARIANCE NO. 96-6:
The granting of a variance for a four (4) space parking reduction will not constitute a
grant of special privilege inconsistent with limitations upon other properties in the vicinity
and under an identical zone classification. The reduction in parking to provide a security
fencing system for a 220 unit apartment complex represents less than a 1% parking
shortfall for the project.
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 property's shape is elongated with
two vehicular access points on the north and south property lines which restrict the
physical design of the property.
3. The granting of a variance is necessary to preserve the enjoyment of one or more
substantial property rights. The granting of the variance will provide added security to the
project's tenants and their private property, similar to the apartment project located
directly to the south. Furthermore, the gates will prevent guests from the adjacent
apartment complex from parking on the subject property.
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 reduction in parking will occur partially to provide a van accessible handicap
stall. The reduction in parking to provide additional security for the apartment project is
consistent with the Medium High Density Land Use designation of the General Plan.
SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-1 /
`VARIANCE NO. 96-6:
1. The site plan, and fencing/gate elevations received and dated January 12, 1996 shall be the
conceptually approved layout with the following modifications:
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April 3, 1996 Zoning Administrator Meeting Minutes
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a. The south entrance shall be modified to its full aisle width, and the north side of
the driveway shall be modified to a 12 foot radius per City Standard Plan No. 211
(PW).
b. The guest drive aisle shall be minimum 14 feet wide with a minimum 30 foot
approach and 30 departure, for a total of 60 in a straight line. (FD)
C. The proposed medians shall be enlarged to protect the center posts. (PW)
2. A sign identifying "Residents Only" readable from 150 feet shall be placed in a
conspicuous location at the north driveway. An additional sign identifying
"Guest/Delivery Entrance" shall be placed at the south driveway. (PW)
3. A inductive loop vehicle detector system shall be used in lieu of pressure pads. (PW)
4. An approved fire department key switch and an approved strobe light receiver shall be
installed on all gates and tested by the Fire Department. (FD)
5. In the event of power failure, the gate shall be automatically transferred to a fail safe mode
allowing the gate to be pushed open without the use of special knowledge or any
equipment. (FD)
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.
]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. An encroachment permit shall be required for all work within the City right-of-way.
4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-1
and Variance No. 96-6 if any violation of these conditions or the Huntington Beach
Zoning and Subdivision Ordinance occurs.
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April 3, 1996 Zoning Administrator Meeting Minutes
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ITEM 3: CONDITIONAL USE PERMIT NO. 96-7
(7144 EDINGER AVENUE)
Applicant: Yoshinori Ishii
Request: To establish a 1,200 square foot restaurant in an existing commercial building and
request a reduced parking ratio for the shopping center.
]Location: 7144 Edinger Avenue (southeast corner of Edinger Avenue and Goldenwest
Street)
Mary Beth Broeren, project planner, stated that this was a request to establish a Japanese
restaurant of approximately 1,200 square feet in an existing suite in a commercial shopping center.
The center has approximately 183,000 square feet of commercial space and was approved in 1977
with a use permit. Staff recommended approval of this request to establish a restaurant based on
its compatibility with the other uses in the center. However, because the applicant is moving into
a space that was formerly occupied by a travel agency, parking is an issue. The former occupant
was required to have one (1) parking space for every 200-250 square feet. The restaurant will be
required to have one (1) parking space for every 100 square feet. After examining the parking for
the entire center, staff recommended that a reduced parking ratio be adopted for some of the uses
within the center. While it was recommended that restaurants within the center remain at a one
(1) parking space for every 100 square feet, it was suggested that all of the other uses within the
center be evaluated upon a ratio of one (1) parking space for every 241 square feet. It was noted
that there were no significant concerns from other departments. Ms. Broeren stated that the
hours of operation, 10:00 AM to 8:00 PM six (6) days a week, are consistent with the center.
The conditions of approval consist of providing fire extinguishers, an automatic fire protection
system for the commercial cooking appliances, address numbers on the suite consistent with Fire
Department requirements, and a Certificate of Occupancy. Ms. Broeren stated that one (1)
telephone call was received regarding this application from an adjacent restaurant. The caller
voiced no opposition to the proposed restaurant.
Under the rationale to utilize a reduction in the overall parking ratio for the center, Herb Fauland,
Zoning Administrator, questioned whether or not the Huntington Beach Zoning and Subdivision
Ordinance would allow such a reduction. Ms. Broeren stated that the ordinance has a provision
that states if a specific use is not listed, the department may look at other parking ratios. It was
noted that restaurants are a specific use listed, however, staff determined that the situation where
there is a large amount of square footage operating as an integrated center is not addressed in the
code.
THE PUBLIC HEARING WAS OPENED.
Youssef Ibrahim, Property Manager, was present and requested approval of the application.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 9
Mr. Fauland stated his concern for the revised parking ratio for the commercial center. He felt
that this rationale would lead to a proliferation of such requests if it was successful. He felt,
however, that proper monitoring of the site and uses would be necessary to allow the use to
occupy the suite. He also stated that the use will help the center revitalize an area of the center
which has a large vacancy rate. He stated he would approve the request as proposed by staff.
CONDITIONAL USE PERMIT NO. 96-7 WAS CONDITIONALLY APPROVED WITH
THE FINDINGS AS OUTLINED BY STAFF 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. 96-7:
1. Conditional Use Permit No. 96-7 for the establishment, maintenance and operation of a
1,200 square foot restaurant and a reduced parking ratio for the shopping center 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
restaurant will occupy an existing suite in a retail shopping center and will not require any
alterations beyond tenant improvements. The reduced parking ratio of one (1) space for
every 241 square feet of commercial space, excluding restaurants at one (1) space for
every 100 square feet, recognizes the complementary mix of uses in the shopping center
and the fact that the center operates similar to centers with shared parking. The parking
ratios will provide for sufficient parking for the center's tenants.
2. The granting of Conditional Use Permit No. 96-7 will not adversely affect the General
Plan of the City of Huntington Beach. The restaurant use is consistent with the goals and
objectives of the Commercial General land use designation of the General Plan and
adequate parking will be provided.
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.
SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-7:
The site plan, floor plans, and elevations received and dated February 21, 1996 shall be the
conceptually approved layout.
2. Prior to submittal for building permits, conditions of approval shall be printed verbatim on
the cover sheet of all working drawing sets submitted for plancheck.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 10
3. Prior to issuance of building permits, the following plans and items shall be submitted
and/or completed by the applicant:
a. Note on plans: Fire extinguishers shall be installed and located to comply with the
Huntington Beach Fire Code standards.
b. Note on plans: All commercial cooking appliances shall be provided with
automatic fire protection systems.
c. Note on plans: Address numbers shall be installed to comply with City
Specification #428.
4. Prior to final inspection or Certificate of Occupancy, compliance with all conditions of
approval specified herein shall be accomplished.
5. The Zoning Administrator shall be notified in writing if any changes in use or floor area
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.
l[NFORMATION 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 applicant shall obtain the necessary permits from the South Coast Air Quality
Management District.
4. A Certificate to Operate shall be issued by the Department of Community Development.
4.5. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM.
Construction shall be prohibited Sundays and federal holidays.
6. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-7 if
any violation of these conditions of the Huntington Beach Zoning and Subdivision
Ordinance occurs.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 11
ITEM 4: CONDITIONAL USE PERMIT NO. 96-9
VARIANCE NO. 96-5
(JENKINS RESIDENCE)
Applicant: The Louie Group
Request: To permit the remodel of an existing single family dwelling, including the addition
of 470 square feet on the second floor above the garage and a new 532 square foot
third story. A variance is requested to allow 52 percent site coverage in lieu of 50
percent maximum.
Location: 517 14th Street
Mary Beth Broeren, project planner, stated that the subject location consists of an existing two
story home zoned RMH-A (Medium High Density Residential -Small Lot). The request is to
permit a remodel of the home which would include a 470 square foot addition on the second floor
above the garage and a new 532 square foot third story. A variance is also requested to allow 52
percent site coverage in lieu of 50 percent maximum. Staff recommended approval of this
request. In terms of the conditional use permit, the home is compatible with the surrounding area
as there are multi -story homes throughout the general vicinity. In terms of the variance request, it
represents a very minor deviation from the Zoning Code, staff does not feel it would be harmful to
the surrounding property owners, and granting the variance would allow the applicant to more
fully develop the subject property. The Public Works Department recommended that a street
improvement plan be prepared, that one-half (1/2) of the alley be removed and replaced with a
concrete alley, and that the ficus tree from the parkway be removed and replaced with an
approved 24 inch box tree or palm equivalent in the front yard. It was noted that one telephone
call and one letter were received regarding this application. The telephone call was by an adjacent
neighbor who was concerned by whether or not the subject homeowners would be able to see into
their bedroom window from the proposed third floor. The letter received was from the property
owners of 501 14th Street who were opposed to the requested project, believing it would not be
in keeping with the surrounding homes.
THE PUBLIC HEARING WAS OPENED.
Louie Hernandez, applicant, was present and requested approval of this application.
Jim Fike, adjacent neighbor, voiced concern over the potential loss of privacy. In addition, Mr.
Fike requested clarification regarding the third story as to how far back the south wall would
extend. It was noted that Mr. Fike was concerned that one would be able to see into his bedroom
window.
The Zoning Administrator had no questions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
]REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 12
CONDITIONAL USE PERMIT NO. 96-9 / VARIANCE NO. 96-5 WAS
CONDITIONALLY APPROVED WITH THE FINDINGS AS OUTLINED BY STAFF 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. 96-5:
The granting of a variance to allow 52 percent site coverage in lieu of the 50 percent
maximum will not constitute a grant of special privilege inconsistent with limitations upon
other properties in the vicinity and under an identical zone classification. The request
represents a minimum deviation from the Zoning Code.
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 subject property was built when the
Zoning Code required a certain minimum size area as open space and is required to take
access off the alley. These conditions resulted in the garage being separated from the
dwelling unit when built originally. In order to have direct access to the garage and be
able to add a room above the garage, design amenities enjoyed by other more recent
properties, a walkway between the garage and dwelling unit is necessary. The walkway
connecting the two buildings causes the project to exceed site coverage by approximately
44 square feet, a three (3) percent increase above the site coverage allowed by Code.
3. The granting of a variance is necessary to preserve the enjoyment of one or more
substantial property rights. The variance to exceed site coverage by three (3) percent
enables the property owner to more fully develop the property by adding an additional
bedroom.
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 additions will not impact the privacy of the adjacent units. The additions made
at the zero (0) property line will not have windows.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 96-9:
1. Conditional Use Permit No. 96-9 for the establishment, maintenance and operation of the
remodel and addition to an existing 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
residences in the vicinity.
2. The granting of Conditional Use Permit No. 96-9 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 Density Residential land use designation of the General Plan.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 13
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. The structure will meet minimum setbacks, provide
sufficient on -site parking and meet all other aspects of the Code with the exception of the
requested variance for site coverage.
SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-9 /
'VARIANCE NO. 96-5:
The site plan, floor plans, and elevations received and dated February 26, 1996 shall be the
conceptually approved layout.
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. Depict utility apparatuses, such as but not limited to backflow devices and Edison
transformers on the site plan. They shall be prohibited in the front yard and
exterior sideyards unless properly screened by approved landscaping or any other
method approved by the Community Development Director.
3. The use shall comply with the following: the glass block windows on the zero (0)
property line shall be non -transparent.
4. Prior to issuance of building permits, the following plans and items shall be submitted
and/or completed by the applicant:
a. A street improvement plan, prepared by a registered civil engineer, shall be
submitted to the Department of Public Works for review and approval. This plan
shall include all of the required off -site improvements.
5. Prior to final inspection or Certificate of Occupancy:
a. Remove one-half (1/2) of existing asphalt alley and replace with concrete half
alley, per City standards.
b. 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.
c. Compliance with all conditions of approval specified herein shall be accomplished.
d. Remove ficus tree from parkway and replace with approved 24 inch box tree or
the palm equivalent in the front yard.
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April 3, 1996 Zoning Administrator Meeting Minutes
Page 14
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.
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.
The applicant shall obtain the necessary permits from the South Coast Air Quality
Management District.
4. All applicable Public Works fees shall be paid.
Traffic Impact fees shall be paid at the time of issuance of a Certificate of Occupancy or
final inspection.
6. An encroachment permit shall be required for all work within the City right-of-way.
7. Landscaping shall comply with Chapter 232 of the Huntington Beach Zoning and
Subdivision Ordinance.
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. 96-9 /
Variance No. 96-5 if any violation of these conditions of the Huntington Beach Zoning
and Subdivision Ordinance occurs.
THE MEETING WAS ADJOURNED AT 3:00 P.M. BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 10,1996.
Herb Fauland
Zoning Administrator
(g:za:min:0403)