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HomeMy WebLinkAbout1996-05-29r 1 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 29, 1996 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBERS: Scott Hess, Susan Pierce, Wayne Carvalho, Jane Madera, Mary Beth Broeren, Lisa Koch (Recording Secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: VARIANCE NO.96-7 (TRAN ROOM ADDITION) CONTINUED FROM MAY 22, 1996 Applicant: Cuong Viet Tran .Bequest: To allow a 360 square foot room addition to encroach five (5) feet into the required 10 foot exterior side yard setback. .Location: 6701 Pimlico Circle (at terminus of cul-de-sac, southeast of Ellis Avenue and Edwards Street) Project Planner: Laura Phillips Scott Hess, Senior Planner, presented this item in the absence of the project planner. He stated 'that this item was continued from the May 22, 1996, Zoning Administrator meeting to allow the issues of setbacks to be clarified in conformance with the Ellis-Goldenwest Specific Plan. It was noted that the site was part of an original tract that was approved in 1988 that was submitted by Southwest Diversified. The request is to permit a 360 square foot room addition to encroach five (5) feet into the required 10 foot exterior side yard setback. Adjacent to the property on Quarterhorse Lane is a 15 foot wide setback from curb -face which includes landscaping and an eight (8) foot wide equestrian trail. The applicant, in his narrative, has indicated that a variance is necessary due to the configuration of the parcel and the location of the parcel adjacent to Quarterhorse Lane. Mr. Hess stated that the proposed structure would be compatible with the May 29, 1996 Zoning Administrator Meeting Minutes Page 2 surrounding land uses. Staff recommended approval of the request based upon the following findings: the proposed structure is architecturally compatible with the existing residence; the proposed structure would be adequately setback from surrounding residences; the proposed structure would be adjacent to an existing right-of-way; unique circumstances exist due to the size and shape of the parcel; the open space easement restricts the usable area of the lot; the proposed structure would not be detrimental to surrounding properties; and the request is not adverse to the goals and objectives of the General Plan. Herb Fauland, Zoning Administrator, stated that continuation of this item on May 22, 1996, was partly to clarify the consistency of setbacks with the master conditional use permit. Mr. Fauland questioned whether or not the determinations regarding exterior and rear yard setbacks were consistent with what was approved with the master conditional use permit. Mr. Hess confirmed that the determinations were consistent with what was originally approved. It was noted that the subject lot exceeds 15,000 square feet which would require it to have a 50 foot rear yard setback. At the time the tract was approved, prior to the equestrian trail dedication, the setbacks were measured from the subject property line and the property met the required 50 foot rear yard setback. Mr. Fauland requested clarification regarding the habitable floor area in a setback from an equestrian trail. Mr. Hess stated that under the open space corridor provisions of the Ellis- Goldenwest Specific Plan (Section III.C.1), there is a requirement that an equestrian trail be setback a minimum of 20 feet from any habitable floor area. He indicated that the Specific Plan refers to Exhibit 8 which depicts the open space corridors and trail system. He noted Exhibit 8 indicates a trail along the north property line but not along Quarterhorse Lane, adjacent to the proposed room addition. THE PUBLIC HEARING WAS OPENED. Gerald Chapman, representative for Country View Estates Homeowners Association, was present and requested denial of this application. Mr. Chapman stated that the setbacks of the subject lot should have been measured after the equestrian trail dedication and not before. In addition, Mr. Chapman disputed staffs determination that the proposed structure would be located in the exterior side yard setback. Mr. Chapman stated that the subject area is actually the rear yard setback. Mr. Fauland questioned whether or not the subject property was within the jurisdiction of Country View Estates Homeowners Association. Mr. Chapman stated that the subject residence was not within their jurisdiction but directly adjacent to it. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. :Mary Beth Broeren, staff planner, stated that the applicant called and was unaware of the specific time and date of the meeting. She stated, however, that the applicant would attempt to make today's meeting. It was noted that the applicant was not yet present. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 3 Mr. Fauland questioned whether or not an existing detached structure complied with setback requirements for an accessory structure. Mr. Hess stated that the gazebo complies with the requirements. Mr. Fauland requested clarification on why the proposed structure could not be moved within the required exterior yard setback area and comply with Code. Mr. Hess stated that redesigning the structure would make it closer to the existing residence, blocking both sunlight and direct access into the adjacent side entryway of the main residence. It was noted that the applicant had arrived and was present to address the request. Mr. Fauland allowed the applicant to speak on behalf of his request. Cuong Viet Tran, applicant, requested approval of the subject application. Mr. Tran stated that the addition would be aesthetically pleasing and would not be detrimental to the neighborhood. Mr. Fauland stated that staff presented adequate findings for the approval of a variance. In addition, he believed staff to be consistent with the Ellis-Goldenwest Specific Plan in determining the setbacks for the subject location. VARIANCE NO. 96-7 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF, 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. 96-7: The granting of a variance for a five ft. (5') exterior side yard building setback (along Quarterhorse Lane) in lieu of minimum ten ft. (10') pursuant to Section IV.C.5.b. of the Ellis - Golden West Specific Plan will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The variance allows for a 67 sq. ft. portion of the proposed 360 sq. ft., octagon shaped room addition to encroach into the exterior side yard setback. If the proposed 360 sq. ft addition to the existing single family residence were not attached to the single family residence, it would be considered an accessory structure and permitted with a five ft. exterior side yard setback. The addition is attached to the residence by an eight ft. (8') wide corridor. The portion of the building that actually encroaches into the setback area represents only 19% of the total room addition. 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 is 18,619 sq. ft. in size, an irregular shaped cul-de-sac lot, has an exterior side yard adjacent to Quarterhorse Lane, and is encumbered by equestrian trail and open space easements along the rear yard. Also, the property is conditioned to provide additional parking on -site (Condition Number 6 of Conditional Use (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 4 rl 1 Permit Number 88-36) which further reduces the buildable area. In addition, the exterior side yard is perpendicular to Churchill Drive and the addition will block vehicle headlight glare from vehicles traveling eastbound on Churchill Drive to the rear of the residence. 3. The granting of a variance for a five ft. (5) exterior side yard setback (along Quarterhorse Lane) in lieu of minimum ten ft. (10') pursuant to Section IV.C.5.b. of the Ellis -Golden West Specific Plan, which will allow for a 67 sq. ft. portion of the 360 sq. ft. room addition to encroach into the exterior side yard building setback, is necessary to preserve the enjoyment of one or more substantial property rights. The property is encumbered by equestrian trail and open space easements along the rear yard that significantly reduce the property's buildable area. In addition, the property is conditioned by project entitlement to provide additional parking on -site above the minimum required by the Huntington Beach Zoning and Subdivision Ordinance. 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 proposed room addition encroaches into the exterior side yard setback area adjacent to Quarterhorse Lane, which is a public street. It is partially screened from public view by a wall and trees along the Quarterhorse Lane right-of-way property line. The room addition will be architecturally compatible with the existing residence. CONDITIONS OF APPROVAL - VARIANCE NO,16-7: 1. The site plan, floor plans, and elevations received and dated April 1, 1996 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. The proposed room addition shall be constructed in compliance with the State acoustical standards set 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 experienced in the field of acoustical engineering, with the application for building permit(s). b. Complete design calculations for wind, seismic, and dead and live loads shall be submitted with the working drawings. Such calculations shall include the interconnection between buildings or provide seismic isolation to allow for relative movements between buildings during an earthquake event. (BD) c. Elevations shall depict colors and building materials proposed and shall be compatible with the existing residence. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 5 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards. 2. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 3. Variance No. 96-7 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. ITEM 2: TEMPORARY USE PERMIT NO. 96-5 (JACK'S SURFBOARDS) Applicant: Jack's Surfboards Request: To permit a temporary use permit for outdoor sales during the following dates in 1996: July 26-31, August 1-11, September 7 and 8, October 5-13, November 29 and 30, December 21-23 and 26-30. Location: 101 Main Street (corner of Main Street and Pacific Coast Highway) Wayne Carvalho, project planner, stated that this was a request to permit a temporary use permit for outdoor sales at Jack's Surfboards located at the corner of Main Street and Pacific Coast Highway. The request includes two (2), eight (8) foot long tables on private property adjacent to the subject business. It was noted that such outdoor sales are an annual event for Jack's Surfboards; the only variation is the specific dates requested. Staff recommended approval of this request with conditions. Conditions of approval include exiting requirements, as recommended by the Departments of Public Works and Fire. Herb Fauland, Zoning Administrator, questioned whether or not there have been Code Enforcement issues in the past as a result of these events. Mr. Carvalho stated that there have not been any Code Enforcement issues resulting from such outdoor sales events at the subject location. THE PUBLIC HEARING WAS OPENED. .Ron Abdel Fattah, brother of the property owner, was present and stated that there have been no Code Enforcement issues resulting from the said outdoor sales events. Mr. Abdel Fattah requested approval of this application. (g:za:min:0529) May 29, 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. TEMPORARY USE PERMIT NO. 96-5 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - TEMPORARY USE PERMIT NO.96-5: Temporary Use Permit No. 96-5 for temporary outdoor sales on July 26-31, August 1-11, September 7 and 8, October 5-13, November 29 and 30, December 21-23 & 26-30, 1996, 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. There will be no additional noise generated by the event and the sale tables will not block any entrances to existing businesses in the vicinity. Furthermore, adequate circulation for pedestrian traffic will be maintained between the sale tables and the curb edge during the events. 2. The granting of Temporary Use Permit No. 96-5 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor sales events are consistent with the goals and objectives of the Visitor Serving Commercial 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. The outdoor sales events are consistent with the Downtown Specific Plan District No. 3 Visitor Serving Commercial zoning designation. SPECIAL CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO. 96-5: The site plan received and dated March 28, 1996 shall be the conceptually approved layout. 2. The dates of the 1996 temporary outdoor events shall be as follows: July 26-31 August 1-11 September 7 and 8 October 5-13 November 29-30 December 21-23, 26-30 Any requested changes to the approved dates shall be made in writing and approved by the Zoning Administrator. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 7 3. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 4. The event shall be limited to two (2), eight foot long tables, and they shall not block any exiting corridors from the building. The applicant's request shall include necessary permits for temporary signs. 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. 3. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 96-5 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum ninety (90) days prior to the event. Failure to provide adequate notice may result in denial of the request. ITEM 3: TEMPORARY USE PERMIT NO.96-7 (HUNTINGTON FURNISHINGS MART) Applicant: Huntington Furnishings Mart Request: To permit a third annual outdoor furniture sale in the parking lot at Huntington Furnishings Mart from June 22 through July 8, 1996. Location: 7227 Edinger Avenue (north of Edinger, approximately 500 feet west of Gothard) Project Planner: Jane Madera Maree Hager, planning intern, presented this item for the project planner. Ms. Hager stated that this was a request to permit a two (2) week outdoor furniture sale in the parking lot of Huntington Furnishings Mart located at 7227 Edinger Avenue. The request includes covering a 120 foot by 170 foot portion of the parking lot with an eight (8) foot high tent. Ms. Hager stated that this would be the third annual outdoor furniture sale for the applicant. It was noted that there have been no Code Enforcement incidences at this site as a result of the outdoor sales. Staff recommended approval of this application based on the findings that the use is consistent with the General Plan and General Commercial land use designation; the use will not be detrimental to the (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 8 property, general public, or persons residing or working in the vicinity; and the outdoor sale will not block access to the site. The Fire Department reviewed the request and recommended that they receive from the applicant proof of certification that the tent is fire retardant as well as any necessary fire permits. The Building Division recommended that the applicant obtain any necessary permits should any electrical devices be used at the sale. It was noted that staff did address the issue of parking. The subject site has a total of 212 parking spaces, including four (4) handicapped spaces. The sale will cover 76 parking spaces leaving a total of 136 available parking spaces (including four (4) handicapped spaces). Staff determined this to be adequate parking for the site. THE PUBLIC HEARING WAS OPENED. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO. 96-7 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - TEMPORARY USE PERMIT NO.96-7: 1. Temporary Use Permit No. 96-7 for the establishment, maintenance and operation of the outdoor furniture sale in the parking lot from June 22, 1996 to July 8, 1996 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. Furniture sales in the parking lot will not block entrances or accessibility to the businesses in the center and ample parking will be provided. In addition, there are no residences within the vicinity. The event is temporary in nature and security personnel will be present to protect merchandise left out overnight. 2. The granting of Temporary Use Permit No. 96-7 will not adversely affect the General Plan of the City of Huntington Beach because the General Commercial land use designation promotes various types of retail activities. 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 - TEMPORARY USE PERMIT NO. 96-7: 1. The site plan, floor plans, and elevations received and dated April 12, 1996 shall be the conceptually approved layout. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 9 u [I 2. The use shall comply with the following; a. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. b. The proposed tent shall be of fire retardant material. Proof of certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. c. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. d. Fire extinguishers shall be provided in number and locations specified by the Fire Department. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. f. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. g. This action will include necessary permits for temporary signs. h. An overnight security guard shall be provided to protect merchandise left overnight. The Huntington Beach Police Department shall be notified 24 hours prior to the event. 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 Zoning Administrator reserves the right to revoke Temporary Use Permit No. 96-7 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 10 ITEM 4: CONDITIONAL USE PERMIT NO, 96-16 (TO -US RESIDENCE) Applicant: Raymond Tous Request: To permit an existing eight (8) foot high wall that does not provide a required five (5) foot by five (5) foot corner cut-off for visibility between the wall and the adjacent driveway. Location: 20292 Adrian Circle Jane Madera, project planner, stated that the subject property is located in a tract of homes that were built with very high walls in the front portion of the yards. In 1966 an area -wide variance for the subject tract was approved to allow an eight (8) foot tall wall across the front of the properties. In April of 1995, the applicant requested approval of a building permit to replace the original fence on his property with a block wall. The project was approved and a building permit was issued based upon the variance granted for the tract in 1966. Since that time, the applicant replaced the original fence in front of his home with a block wall. Recently, a complaint was filed with the Code Enforcement Division stating that the wall was not constructed in the same location as the original fence and that it did not have the required five (5) foot by five (5) foot corner notch. Ms. Madera stated that the wall was constructed as approved by the Community Development Department. The plans submitted, however, did not present all of the required information. It was noted that the submitted plans failed to indicate the neighboring driveway located directly adjacent to the subject block wall. The applicant received a notice of violation from the Code Enforcement staff indicating that the block wall was not built according to Code requirements for the corner visibility area adjacent to the neighboring driveway; thus, the applicant has requested a conditional use permit for the existing wall. In addition to the application, the applicant submitted photographs of various properties within the subject vicinity that have walls constructed in the front portion of the yards that do not meet the required five (5) foot by five (5) foot corner visibility. Ms. Madera stated that three (3) letters have been received in opposition to the request. After thorough research of the project, as well as the original tract approval, staff determined that the five (5) foot by five (5) foot corner notch was a requirement at the time of the original tract approval and should have been included in the subject wall. Staff recommended denial of the conditional use permit on the basis that the existing wall compromises the safety and general welfare of persons residing or working in the vicinity and is detrimental to the value of the property and improvements in the neighborhood. Herb Fauland, Zoning Administrator, questioned whether the five (5) foot by five (5) foot corner notch was a requirement per the Huntington Beach Zoning and Subdivision Ordinance or the CC&R's of the applicant's homeowner's association. Ms. Madera clarified that both require the corner visibility. Mr. Fauland further questioned whether or not any other variances have been granted for similar requests within the subject tract. Ms. Madera stated that there have been no variances granted for similar requests. THE PUBLIC HEARING WAS OPENED. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 11 John Vozenilek, attorney for the applicant, was present and questioned why the subject residence was cited and not the other numerous homes within the tract that lack the five (5) foot by five (5) foot corner notch. In addition, Mr. Vozenilek questioned why the applicant was not told of the said requirement when the wall was in the process of being built (i.e. during building inspection). Mr. Vozenilek requested that the City pay for all fees involved should the Zoning Administrator deny this request. Raymond Tous, applicant, stated that the City advised him what drawings were necessary when he requested approval to replace his front fence with a wall. Mr. Tous further stated that he complied, received approval to build the wall, and built it according to plan. It was noted that Mr. Tous questioned several times whether or not the corner notch was necessary. The City advised him to proceed with the wall as he requested, according to plan. Harriet Osborne, secretary of the tract's homeowner's association, was present and reiterated that according to their CC&R's the wall must be rebuilt in the same location as the original fence. Ms. Osborne requested denial of the application. Al Nusenow, adjacent property owner, stated that he was in support of the request. Mr. Nusenow clarified that all of the homes within the tract have double driveways and that no logical placement of corner notches exist (to the line of traffic). Mr. Nusenow stated that many exceptions exist throughout the tract and that it is an assumption that corner notches are specifically for line of sight. Robert Vanderboss, adjacent property owner, was present and stated that his driveway has been impacted by the subject wall. Mr. Vanderboss further stated that the wall creates a hazard to residents and visitors within the tract, as well as impacts his view while backing out of his driveway onto the street. Mr. Vanderboss requested denial of the application. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland clarified that the City does not enforce CC&R's and that he did not determine that the subject wall was detrimental to the general welfare of persons within the vicinity. It was noted that Mr. Fauland determined that there is adequate visibility provided to the sidewalk when backing out of the adjacent driveway and that there are a number of other similar situations in the tract in which existing walls encroach into the site angle visibility area. Mr. Fauland noted that he drove through the tract and specifically looked at all of the walls that have been built. He noted that a number of walls were constructed in the exact fashion as the applicant's wall. He also indicated that a number of walls do not conform to the five (5) foot by five (5) foot corner vision clearance requirement. He stated he would approve the request because he felt that a number of similar situations exist in the immediate area, the wall will be compatible in color and materials and the wall will not be a detriment or safety issue. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 12 CONDITIONAL USE PERMIT NO. 96-16 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH FINDINGS, AGAINST STAFF' S RECOMMENDATION FOR DENIAL. 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. 96-16: 1. Conditional Use Permit No. 96-16 for the establishment, maintenance and operation of the eight (8) foot high wall within the five (5) foot by five (5) foot corner cut-off area between the wall and the adjacent driveway 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 wall will not be detrimental because there is an existing 22 inch wide planter between the adjacent driveway and the wall which, when combined with the six (6) inch side setback of the eight (8) foot high wall, provides adequate visibility to the sidewalk when backing out of the adjacent driveway. Also, there are a number of other similar situations in the tract in which existing walls encroach into the site angle visibility area. The proposed request is consistent with those other existing similar situations and is compatible in materials, colors, and aesthetic design of other homes and fences in the immediate neighborhood. 2. The granting of Conditional Use Permit No. 96-16 will not adversely affect the Low Density Residential land use designation of the General Plan of the City of Huntington Beach. The wall is compatible in materials, colors, and location with many other existing and similar walls in the immediate neighborhood and with the Low Density Residential 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 with the exception of height and location which have been approved under Use Variance No. 66-69 and Conditional Use Permit No. 96-16. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-16: The site plan, floor plans, and elevations received and dated March 8, 1996 shall be the conceptually approved layout. 2. The Zoning Administrator shall be notified in writing if any changes in wall height, setbacks, elevations or location are proposed. 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. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 13 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. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-16 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 5: COASTAL DEVELOPMENT PERMIT NO. 96-8 VARIANCE NO. 96-10 (MOSS RESIDENCE) Applicant: Otis Architecture Request: To permit construction of a new two (2) story 3,470 square foot home with a 588 square foot garage. A variance is requested for a 16 foot front entry garage setback in lieu of the 20 foot setback required by code. The existing single family unit will be demolished. Location: 16251 San Clemente Circle (between Humboldt Drive and Santa Barbara Lane, west of Saybrook Lane) Project Planner: Mary Beth Broeren Mary Beth Broeren, project planner, stated that this was a request to permit construction of a new two (2) story 3,470 square foot home with a 588 square foot garage. A variance is also requested for a 16 foot front entry garage setback in lieu of the 20 foot setback required by code. It was noted that the existing single family unit will be demolished. Staff recommended approval of the coastal development permit on the basis that the request is compatible with surrounding properties. Due to the unique tract and odd -shaped lot, staff recommended approval of the variance request with the modification that the front entry garage setback be 18 feet in lieu of the requested 16 feet and required 20 feet. Ms. Broeren stated that no communication has been received regarding this application. THE PUBLIC HEARING WAS OPENED. Karen Otis, applicant, stated that there would be a roll -up garage door installed to allow maximum use of the driveway, as well as a three (3) car garage for sufficient on -site parking. It was noted that the homeowner's association for the subject tract has reviewed the plans and has no objections to the proposed construction. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 14 THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, determined that there would be sufficient on -site parking at the proposed home. Mr. Fauland stated that a condition of approval shall be added requiring a roll -up garage door. Mr. Fauland stated he felt the 16 foot front setback would not be detrimental to the area. He felt that only a small portion of the front setback requires the 16 foot requested variance. He also stated that the area would provide adequate setbacks for on -site parking. COASTAL DEVELOPMENT PERMIT NO. 96-8 / VARIANCE NO. 96-10 WAS CONDITIONALLY APPROVED BY THE ZONING ADMINISTRATOR AS MODIFIED WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - COASTAL DEVELOPMENT PERMIT NO. 96-8: 1. Coastal Development Permit No. 96-8 to permit the reconstruction of a two-story single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed project will not impact public views or access as none exist in the vicinity. 2. Coastal Development Permit No. 96-8 is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Local Coastal Program applicable to the property. The proposed development will conform with all applicable City codes with the exception of the variance request for front entry garage setback. 3. At the time of occupancy, the proposed two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The proposed reconstruction of a two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. FINDINGS FOR APPROVAL - VARIANCE NO. 96-10: 1. The granting of Variance No. 96-10 for a 16 foot setback for a front entry garage will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. At the time the tract was originally approved, the zoning regulations allowed 25 percent of the units to have reduced setbacks at 7.5 feet. The existing residence on this lot was one of the 25 percent. Other homes in (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 15 the tract still have the 7.5 foot setback and have also been rebuilt with the reduced setback. 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 is an odd -shaped lot with a narrow width in the front which constrains the location of the unit on the lot. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance will enable the property owner to provide a usable rear yard area which otherwise would not be available because of a five (5) foot easement for the adjacent property along the eastern side property line and the odd shape of 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 existing garage setback is currently 7.5 feet thus, the requested variance constitutes an improvement to the subject property and surrounding properties. The applicant is also providing a three (3) car garage where only a two (2) car garage is required and roll -up doors which will minimize delays in the driveway for cars entering the garage. SPECIAL CONDITIONS OF APPROVAL: 1, The site plan, floor plans, and elevations received and dated May 21, 1996 shall be the conceptually approved layout. 2. The use shall comply with the following: a. Roll -up doors (sectional or otherwise) shall be installed in the garage for all three (3) parking stalls. 3. Prior to issuance of building permits, the following shall be completed by the applicant: a. A grading plan shall be submitted to the Department of Public Works for review and approval. (PW) b. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and shall be approved by the Department of Public Works and the Department of Community Development. One (1) 36 inch tree or the palm equivalent is required in the front yard. (PW) 4. Prior to final inspection, automatic fire sprinklers shall be installed in the unit if the total square footage including the garage and attic is greater than 5,000 square feet. (FD) (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 16 5. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. 6. All proposed cantilevered deck improvements require separate permits for the improvements. 7. 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. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. 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: 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. The applicant shall pay all applicable Public Works fees. 4. An encroachment permit shall be required for any work within the public right-of-way. 5. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 6. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 96-8 / Variance No. 96-10 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 17 ITEM 6: LOT LINE ADJUSTMENT NO. 96-1 (MOUNTFORD RESIDENCE) Applicant: James F. Gillen Request: To adjust the lot line between Lot 89, Tract 9221 and two (2) vacant irregular parcels adjacent to the Bolsa Chica. Location: 6232 Dolphinwood Project Planner: Susan Pierce Susan Pierce, project planner, stated that this was a request to adjust the lot line between Lot 89, Tract 9221 and two (2) vacant irregular parcels adjacent to the Bolsa Chica. It was noted that conditions cannot be imposed on a lot line adjustment. However, the request may be approved by the Zoning Administrator. Staff recommended approval of the request on the basis that the lot line adjustment does not sever any existing structure on either of the two parcels, it does not allow a greater number of dwelling units than allowed prior to the adjustment, and a plat map showing the lot line adjustment has been prepared and will be filed for recordation in the Office of the Orange County Recorder. Herb Fauland, Zoning Administrator, had no comments or questions. It was noted that the subject application did not require a public hearing. However, Mr. Fauland stated that he would allow public comment. Edward Mountford, property owner, was present but had no comments. LOT LINE ADJUSTMENT NO. 96-1 WAS APPROVED BY THE ZONING ADMINISTRATOR AS SUBMITTED BY THE APPLICANT WITH THE FINDINGS AS OUTLINED BY STAFF. 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 - LOT LINE ADJUSTMENT NO.96-1: The lot line adjustment reconfigures Lot 89, Tract 9221 (Parcel 1) and two (2) remnant parcels (Parcels 2 and 3) which were created by the recordation of Certificate of Compliance No. 92-01 issued by the County of Orange. The remnant parcels are substandard in area, width, and/or frontage and are not considered as legal building sites. The resulting configuration creates a larger legal building site (Parcel 1) and modifies the area, width and frontage of Parcels 2 and 3 which will continue to be substandard parcels. 2. The lot line adjustment does not sever any existing structure on either of the two parcels. The lot line adjustment does not allow a greater number of dwelling units than allowed prior to the adjustment. Lot 89 Tract 9221 will continue to allow a maximum of one dwelling unit on the site pursuant to Article 911 of the Local Coastal Program. The (g:za:min:0529) May 29, 1996 Zoning Administrator Meeting Minutes Page 18 applicant has indicated that the increase in lot area on Parcel 1 will be used for recreational purposes. Parcels 2 and 3 will be incorporated into the open space complex within the adjacent unincorporated areas as designated on the recently approved Bolsa Chica land use plan. 4. A plat map showing the lot line adjustment has been prepared and will be filed for recordation in the Office of the Orange County Recorder in accord with the provisions of Section 253.24. THE MEETING WAS ADJOURNED AT 3:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 5, 1996. Herb Fauland Zoning Administrator (g:za:min:0529)