HomeMy WebLinkAbout1996-12-041
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MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DECEMBER 4,1996 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Hannah L. Brondial Bowen, Wayne Carvalho, Jane Madera, Mary
Beth Broeren, Kim Langel (recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: CONDITIONAL USE PERMIT NO.96-69 (HYDROSPIN OUTDOOR STORAGE)
CCO.NTINUED FROM THE NOVEMBER 27,1996, ZONING ADMINISTRATOR MEETING)
APPLICANT: Hydrospin, Inc., 5281 Research Drive, Huntington Beach, CA 92649
PROPERTY OWNER: Jens Jensen, 5992 Manorfield Drive, Huntington Beach, CA 92648
REQUEST: To permit outdoor storage and to approve a parking area plan.
LOCATION: 5281 Research Drive (including parcels 145-461-9, -10, -11; 145-462-5; 145-
511-4) (west of Graham Street)
PROJECT PLANNER: Hannah L. Brondial Bowen
Hannah L. Brondial Bowen, Staff Planner, stated this was a request to permit outdoor storage and to
approve a parking area plan at 5281 Research Drive. Ms. Bowen stated the request was continued from
last week's meeting because the applicant felt that the Zoning Administrator's condition to fence the front
of the outdoor storage area was unnecessary. Staff continues to recommend approval of the project as
originally conditioned.
Herb Fauland, Zoning Administrator, stated he had visited the site and met with Mr. Grupenhagen,
walked the site and looked at all the areas associated with the outside storage.
THE PUBLIC HEARING WAS RE -OPENED.
Dave Grupenhagen, 5281 Research Drive, applicant, thanked the Zoning Administrator for his visit to the
site and discussed the modifications to the conditions he was requesting.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS RE -CLOSED.
Herb Fauland, Zoning Administrator, stated that he had discussed the issues with the applicant at the site.
He stated that all perimeter fencing is in place. The fencing is provided with metal/wood slates and based
upon his visit he believes the perimeter fencing adequately screens all the outside storage. One exception
was noted, the fence known as the "death fence" off of Chemical Lane will need to be provided with
compatible screening material. Mr. Fauland indicated that the screen slates need to be maintained in order
to provide continuous screening of the outside storage areas. The maintenance of the fencing shall be
made a condition of approval. Mr. Fauland also stated that Condition No. 6 will be modified to read that a
public hearing will be held as part of the six month review. He noted, modifications to the conditions of
approval may be made by the Zoning Administrator at that time.
CONDITIONAL USE PERMIT NO.96-69 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. 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.96-69•
1. Conditional Use Permit No. 96-69 for the establishment, maintenance and operation of outdoor
storage and off -site parking will not be detrimental to the general welfare of persons working or
residing in the vicinity or detrimental to the value of the property and improvements in the
neighborhood. The subject site has enough area to accommodate the proposed outdoor storage areas
and still provide the eight -five (85) parking spaces required for the subject site. Most of the off -site
parking would be located across the street from the main building (5281 Research Drive), which is a
distance of less than 200 feet. Research Drive is not a major arterial.
2. The granting of Conditional Use Permit No. 96-69 will not adversely affect the General Plan of the
City of Huntington Beach. The proposed use is consistent with the goals and objectives of the land
use designation for the property.
3. The proposed use will comply with the provisions of the base district and other applicable provisions
in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition
required for the proposed use in the district in which it would be located.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-69:
1. The site plan received and dated October 21, 1996, shall be the conceptually approved layout with the
following modifications:
a. Six (6) parking spaces shall be designated on the site plan for the exclusive use of K-Lin
Specialties (Building 3, APN # 145-461-9). The applicant shall draw the spaces on the
conceptually approved site plan.
b. The identification of the Proposed Heat Treat Facility on APN # 145- 511-4 shall be deleted from
the site plan. That structure shall not be included with this approval.
ZA Minutes - 12/4/96 2 (MIN1204)
c. All parking areas shall be accessible at all times.
d. One 18 foot high, 674 sq. ft. storage shed shall be permitted on APN# 145-511-04 located in the
rear of the property with a zero foot setback along the rear and side property lines.
2. The following conditions shall be completed within 30 days from the date of this approval:
a. All parking areas designated on the site plan received and dated October 21, 1996 shall be
restriped in accordance with the standards set forth in Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code.
3. The following conditions shall be completed within 90 days from the date of this approval:
a. All perimeter fencing shall include metal slats for screening and shall be maintained in good
working order. Metal slats shall be added to the perimeter fencing along Chemical Lane.
b. Minimum site landscaping shall be installed and maintained in accordance with the standards and
requirements set forth in Chapter 232 of the Zoning and Subdivision Ordinance.
c. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s)
between the subject site and adjacent properties. The owner shall be responsible for making
necessary improvements to implement the reciprocal driveway. The legal instrument shall be
submitted to the Department of Community Development a minimum of 30 days prior to building
permit issuance. The document shall be approved by the Department of Community Development
and the City Attorney as to form and content and, when approved, shall be recorded in the Office
of the County Recorder. A copy of the recorded document shall be filed with the Department of
Community Development. '
d. The applicant shall provide a document indicating that APN# 145-461-11, 145-461-10, 145-461-9,
145-462-5 and 145-511-4 is in the applicant's possession either by deed or long-term lease,
approved as to form by the City Attorney and recorded in the Office of the County Recorder,
stipulating the reservation of the parking areas shown on the site plan dated October 21, 1996, for
parking purposes only. No use shall be continued if the parking is removed from the adjacent
lot(s) unless substitute parking is provided.
e. The applicant shall submit a letter identifying the parking spaces designated for employees, guest
spaces, customers, car-poolers and K-Lin Specialties.
4. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the
working drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
b. All Fire Department requirements shall be noted on the building plans.
ZA Minutes - 12/4/96 3 (MIN1204)
5. The use shall comply with the following:
a. Any outdoor storage of combustible materials must comply with section 1103.3.5 of the
Huntington Beach Fire Code.
b. Required fire access to exterior walls must be maintained.
c. All required exits must not be blocked. An exit plan for all buildings must be provided.
d. Any future outdoor storage, structures or fences shall be subject to City approval.
e. All improvements to the property shall be completed in accordance with the approved plans and
conditions of approval.
6. Staff review of the use shall be conducted within six (6) months to verify compliance with all
conditions of approval and applicable Chapters of the Huntington Beach Zoning & Subdivision
Ordinance. At that time, a public hearing will be held and the Zoning Administrator may consider
modifications to the conditions of approval.
7. This approval for outdoor storage and off -site parking applies to this applicant (Hydrospin) only.
Any future tenants of any of the buildings discussed herein do not have automatic approval for
outdoor storage or off -site parking. If any of the parcels are sold, the leaseholders and property
owners must obtain City approval for a similar use. Furthermore, all the outdoor storage areas and
off -site parking spaces approved and identified with CUP 96-69 must revert back to their original uses
and/or approved parking spaces for each building.
8. This Conditional Use Permit No. 96-69 shall not become effective for any purpose until an
"Acceptance of Conditions" form has been properly executed by the applicant and an authorized
representative of the owner of the property and returned to the Planning Division for inclusion in the
project file.
9. The Community Development Director ensures that all conditions of approval herein are complied
with. The Community Development Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process. Building permits
shall not be issued until the Community Development Director has reviewed and approved the
proposed changes for conformance with the intent of the Zoning Administrator's action and the
conditions herein. If the proposed changes are of a substantial nature, an amendment to the original
entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 96-69 shall not become effective until the ten day appeal period has
elapsed.
ZA Minutes - 12/4/96 4 (MIN 1204)
2. Conditional Use Permit No. 96-69 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.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-69, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington Beach
Zoning and Subdivision Ordinance or Municipal Code occurs.
4. 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, except as noted herein.
5. Development shall meet all local and State regulations regarding installation and operation of all
underground storage tanks.
6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
Orange and submitted to the Department of Community Development within two (2) days of the
Zoning Administrator's action.
ITEM 2: VARIANCE NO.96-24 ()YIGNEY RESIDENCE
APPLICANT/
PROPERTY OWNER: David & Jill Wigney, 15051 Sussex Circle, Huntington Beach, CA 92647
REQUEST: To construct a single family residence with a 27 foot front setback and a 24 foot
front setback for an entry porch structure in lieu of minimum 30 feet.
LOCATION: 6881 Derby Circle (northwest corner at Saddleback Lane)
PROJECT PLANNER: Wayne Carvalho
Wayne Carvalho, Staff Planner, displayed a site plan stating this was a request to construct a single family
residence with a 27 foot front setback and a 24 foot front setback for an entry porch structure in lieu of a
minimum 30 feet pursuant to the Ellis Golden West Specific Plan. The project is located at 6881 Derby
Circle. Mr. Carvalho stated the tract was originally approved with variances for cut and fill and special
permits for reduced front setbacks on two (2) homes. These were approved for the purpose of varying the
street scene and to provide additional setbacks to the rear property.
Staff is recommending approval of the request based on the findings that the subject tract contains other
properties that have received exceptions for reduced front setbacks and that the property, when developed,
will be compatible with the adjacent property. Staff recognizes that this lot is the smallest lot in the tract
and based on that does not have the rear yard of other homes. Finally, even with the reduced front setback
the house will meet the minimum setback in terms of radius for corner cut-off visibility.
ZA Minutes - 12/4/96 5 (MIN 1204)
Staff has received three (3) letters in opposition to the request. In summary the letters state that the
quartersection had developed the criteria for the 30 foot front setback to maintain an open feeling in the
quartersection. The variance may cause a hazardous situation and may impact view corridors.
Addressing those issues staff has noted that in typical tracts throughout the City the minimum setback is
15 feet for the home and 10 feet on the sideyard and the subject site exceeds those. One (1) special
condition that staff is recommending is that the two (2) west facing windows on the second story be made
of translucent materials to protect the privacy of the adjacent property owner.
Herb Fauland, Zoning Administrator, stated he did visit the site and drove through the quartersection. Mr.
Fauland stated that his initial review of the site is that it is a small lot with some site constraints. He noted
that the site constraints could be associated with the necessary findings for a variance.
THE PUBLIC HEARING WAS OPENED.
Jill Wigney, 15051 Sussex, applicant, stated that she concurs with staff s report. She questioned how the
requirement to use translucent materials on the windows ties into the variance. Staff explained it is a
Code Requirement to an infill lot where there is existing development around a vacant lot.
THE PUBLIC HEARING WAS CLOSED
Herb Fauland, Zoning Administrator, stated that he supports staff s findings and recommendation.
VARIANCE NO.96-24 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE
FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. 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.96-24:
The granting of Variance No. 96-24 for a new single family residence with a 27 foot front setback, and
a 24 foot front setback for an entry structure in lieu of minimum 30 feet, will not constitute a grant of
special privilege inconsistent with limitations upon other properties in the vicinity and under an
identical zone classification. The subject tract contains other properties which were granted
exceptions for reduced front yard setbacks due to unusual lot depths, and for providing variations in
the street scene. The subject property will be compatible with the adjacent residence built at a reduced
front 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 property is the smallest lot in the tract and is located on a corner with a smaller lot
depth than other properties in the tract.
ZA Minutes - 12/4/96 6 (MIN 1204)
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property
rights. The reduced front setback will provide a deeper rear yard and a compatible front setback with
the adjacent residence.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. The reduced front setback will not impact the surrounding
properties or circulation on the adjacent streets. In addition, the property will still provide the required
number of open parking spaces on the driveway.
5. The granting of the variance will not adversely affect the General Plan. The new single family home
with reduced front setback is consistent with the Land Use Element designation of Residential Low
Density on the subject property and the surrounding area by providing for estate residential
development.
CONDITIONS OF APPROVAL - VARIANCE NO.96-24:
1. The site plan, floor plans, and elevations received and dated August 30, 1996, shall be the
conceptually approved layout with the modifications noted thereon.
2. Prior to of submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the
working drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
b. Second story west facing windows in bedroom no. 2 and bathroom no. 2 shall consist of
translucent material to protect the privacy of the adjacent property owners.
c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of
clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters
and central heating units.
3. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to
prevent dust raised when leaving the site;
b. Wet down areas in the late morning and after work is completed for the day;
c. Use low sulfur fuel (.05%) by weight for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog
alerts);
e. Discontinue construction during second stage smog alerts.
ZA Minutes - 12/4/96 7 (MIN 1204)
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4. Compliance with all conditions of approval specified herein shall be accomplished and verified by the
Community Development Department.
5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall
be disposed of at an off -site facility equipped to handle them.
6. The Community Development Director ensures that all conditions of approval herein are complied
with. The Community Development Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process. Building permits
shall not be issued until the Community Development Director has reviewed and approved the
proposed changes for conformance with the intent of the Zoning Administrator's action and the
conditions herein. If the proposed changes are of a substantial nature, an amendment to the original
entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Variance No. 96-24 shall not become effective until the ten day appeal period has elapsed.
2. Variance No. 96-24 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.
3. The Zoning Administrator reserves the right to revoke Variance No. 96-24, pursuant to a public
hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and
Subdivision Ordinance or Municipal Code occurs.
4. State -mandated school impact fees shall be paid prior to issuance of building permits.
5. 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, except as noted herein.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
Orange and submitted to the Department of Community Development within two (2) days of the
Zoning Administrator's action.
ZA Minutes - 12/4/96
(MIN 1204)
ITEM 3: CONDITIONAL USE PERMIT NO.96-85 (THOMPSON RESIDENCE).
APPLICANT: Kanan Hussni, 2361 Caper Tree Drive, Tustin, CA 92780
PROPERTY OWNER: Betty Ann Thompson, 21392 Green Cove Circle, Huntington Beach, CA 92646
REQUEST: To permit the construction of a 160 square foot addition to an existing condominium.
LOCATION: 21392 Green Cove Circle (northwest of Brookhurst and Hamilton)
PROJECT PLANNER: Jane Madera
Jane Madera, Staff Planner, displayed a site plan and photographs stating this was a request to permit the
construction of a 160 square foot addition to an existing condominium at 21392 Green Cove Circle. Ms.
Madera stated the addition is proposed to the rear of the property which is surrounded by a fence. The
proposed library/study room addition will be built adjacent to the existing dining room. Two (2) dining
room windows will be relocated to the side of the library/study room and one (1) window will be
converted to french doors connecting the dining room and the proposed library/study room addition.
The subject site is an existing two (2) bedroom house. The project was built in the 1970's which had
different code requirements and standards than what are currently in effect. Staff stated it was difficult to
determine the condominium standards this project was originally built to. Staff concluded that the
setbacks were measured from the exterior of the tract boundary, rather than by unit, because they are
sitting on zero lot lines between the units.
Staff is recommending approval because it will be consistent with the existing condominiums and will not
require any additional parking. Staff has received five (5) letters from the adjacent property owners all in
support of the request. Staff suggested a modification to Condition No. Lb., adding that the plans be
revised to show that the colors and materials for the addition match the existing colors and materials of
the existing home.
THE PUBLIC HEARING WAS OPENED
James Shenold, 21391 Green Cove Circle, stated that the CC&R's for the association prohibit an exterior
modification without Board of Director/Architectural approval, and asked staff if that has been sought and
received. Staff stated that the applicant has talked to the Homeowners' Association and they are
recommending approval of the request as long as the applicant meets the City code requirements and
obtains City permits. Mr. Shenold stated that if it meets with the Association's approval he has no
objections.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED
CONDITIONAL USE PERMIT NO.96-85 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN
(10) CALENDAR DAYS.
ZA Minutes - 12/4/96 9 (MIN 1204)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96- 85•
1. Conditional Use Permit No. 96-85 for the construction of a 160 square foot addition will not be
detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the
value of the property and improvements in the neighborhood. The new addition will not be
detrimental because all infrastructure necessary to serve the new addition is currently in place, the
addition will be architecturally compatible with other units, and the addition will be used as a
library/study for the owners.
2. The conditional use permit will be compatible with surrounding uses because the addition will be
constructed of the same materials and will be painted the same color as the existing units.
3. The proposed 160 square foot addition will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and
any specific condition required for the proposed use in the district in which it would be located. The
property will continue to provide adequate private open space and will meet adequate setbacks from
the exterior of the project area. In addition, no parking is required for the library addition.
4. The granting of the conditional use permit will not adversely affect the General Flan. It is consistent
with the Land Use Element designation of RM on the subject property. In addition, it is consistent
with the following goals and policies of the General Plan:
a. Policy LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
b. Policy LU 9.1.1: Accommodate the development of single and multi- family residential units in
areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedules.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-85:
The site plan, floor plans and elevations received and dated September 23, 1996, shall be the
conceptually approved layout with the following modifications:
a. Room uses of the proposed addition and the rooms adjacent to the addition shall be clearly labeled
on the floor plan.
b. Colors and materials to match the existing building shall be clearly labeled on the elevations.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the
working drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
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3. Prior to issuance of building permits, the following shall be completed:
a. Submit one copy of the revised site plan, floor plans and elevations pursuant to Condition No.
for review and approval and inclusion in the entitlement file to the Department of Community
Development.
4. Prior to final building permit inspection the following shall be completed:
a. Compliance with all conditions of approval specified herein shall be accomplished and verified by
the Community Development Department.
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.
5. The Community Development Director ensures that all conditions of approval herein are complied
with. The Community Development Director shall be notified in writing if any changes to the site
plan, elevations and floor plans are proposed as a result of the plan check process. Building permits
shall not be issued until the Community Development Director has reviewed and approved the
proposed changes for conformance with the intent of the Zoning Administrator's action and the
conditions herein. If the proposed changes are of a substantial nature, an amendment to the original
entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
Conditional Use Permit No. 96-85 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 96-85 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.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-85, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington Beach
Zoning and Subdivision Ordinance or Municipal Code occurs.
4. 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, except as noted herein.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
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11
(MIN 1204)
6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
Orange and submitted to the Department of Community Development within two (2) days of the
Zoning Administrator's action.
ITEM 4: CONDITIONAL USE PERMIT NO.96-84 (VENZKE RESIDENCE)
APPLICANT/
PROPERTY OWNER: Gene A. & Rosemary L. Venzke, 612 Ninth Street, Huntington Beach, CA
92648
REQUEST: To permit a four (4) foot, eight (8) inch (4.8 ft.) high wall (combination of an
approximate 19 inch high retaining wall and a 39 inch high wall extension) on the
front property line in lieu of minimum three (3) foot front setback for the 39 inch high
wall extension.
LOCATION: 613-9th Street (between Palm and Acacia Avenues)
PROJECT PLANNER: Mary Beth Broeren
Mary Beth Broeren, Staff Planner, displayed an assessors parcel map and photographs of the subject
property stating this request is located at 613-9th Street between Palm and Acacia Avenues. Ms. Broeren
stated there is an existing retaining wall in place and the applicant has also constructed brick pillars at
various intervals along the retaining wall. The applicant is intending to attach white wooden pickets to
the brick pillars. The pickets would be rounded slats.
The request is a result of Code Enforcement activity. There are no building permits for the pillars. The
building permits that are on file for this residence are for the home in 1984 when it was built. It is very
common on these lots, in this area of the City, to have a retaining wall on the front property line. The
code currently allows three (3) feet of retaining wall on the front property line and an additional 42 inch
extension three (3) feet behind the retaining wall to minimize any massing adjacent to the public sidewalk.
Staff has reviewed the application, conducted a field visit and could not find any grounds on which to
support the request and is recommending denial. There are particular findings that are required to be met
to support the request. Staff needs to show that the wall will be compatible with the surrounding area,
however, there are not any other properties on this block of 9th Street which have what the applicant is
requesting. The applicant has cited their reasons for the wall extension include the need for privacy.
They cited the recent July 4th incidents where people were cited when they were on their front yard
because it was a question as to what was public space versus private space. The applicants have indicated
that they feel this fence extension clearly defines what is private space and, therefore, they would not have
to worry about getting cited on their own property.
They also have indicated that as it is presently constructed, somebody could fall off onto the public right-
of-way and injure themselves. Staff stated that the concern is not with the aesthetics of the wall but the
location of wall. Staff has not received any calls or comments from any of the surrounding property
owners other than the initial complaint which was anonymous.
ZA Minutes - 12/4/96 12 (MIN1204)
Herb Fauland, Zoning Administrator, stated that he did visit the site and drove the street and a number of
the other streets within the area. He asked staff if any other conditional use permits had been granted in
the vicinity of this residence or within the RMH districts of the numbered streets area. Staff stated that in
past years there have been conditional use permits granted for deviations to walls on front property line.
Staff could not locate any where there was a situation with a retaining wall and then an extension on top
of the retaining wall. Staff stated that other properties in the City, not necessarily the small lot properties,
that have RMH zoning have been granted approvals for a wall on front property line. However, they were
required to have pop outs with landscaping so there would not be a straight wall on the front property line.
In cases where the conditional use permits have been granted there may have been a street that would be
intersecting in front of the home causing light to come into the home from the street.
THE PUBLIC HEARING WAS OPENED
Gene Venzke, 613-9th Street, applicant, gave a brief history of the project. The front area, formerly a
garden, was converted to a patio for ease of maintenance and better enjoyment. The construction was
started with the belief that the design was in compliance with City code. Code Enforcement then received
a complaint and they were issued a citation. At that time the pillars were already in place. They stopped
work at that point and had a series of discussions with Code Enforcement. Mike Strange encouraged them
to apply for a conditional use permit implying it might meet the intent of the general goals of the city.
Mr. Venzke submitted a letter with 25 signatures from residents in the area in support of the request. He
stated that he could move the pillars back because that would greatly reduce his usable space in the front
yard.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED
Herb Fauland, Zoning Administrator, stated that he had seen a variety of fencing styles on his drive
through the surrounding area. With regards to this property, he stated he would be approving the request.
He stated that he feels the fence will be in keeping with the area, especially with the addition of the picket
fence. Mr. Fauland made the findings that there is precedent within this RMH zone of walls higher than
what the code allows and a number of different styles of fences that do not meet the exact intent of the
code. He stated that this will not set a precedent inconsistent with the neighborhood as the evidence has
shown that there are a number of existing fences that exceed the height limit. The fence will comply with
Titles 20 and 25 because it is compatible in the design, colors and materials of the area and by granting
this request it will be a nice addition to the area.
CONDITIONAL USE PERMIT NO.96-84 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING
ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN
(10) CALENDAR DAYS.
ZA Minutes - 12/4/96 13 (MIN1204)
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96- 84:
1. Conditional Use Permit No. 96-84 for the establishment, maintenance and operation of the fence
extension on the front property line will not be detrimental to the general welfare of persons working
or residing in the vicinity or detrimental to the value of the property and improvements in the
neighborhood. The proposed fence extension is compatible with the existing residence and will not
detract from the aesthetics of the neighborhood. The proposed fence extension is a picket fence (non -
solid) that will not significantly add to massing adjacent to the public sidewalk.
2. The conditional use permit will be compatible with surrounding uses. The fence extension will
consist of white wood pickets which are also located on other properties in the immediate vicinity.
3. The proposed fence extension will comply with the provisions of the base district and other applicable
provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any
specific condition required for the proposed use in the district in which it would be located. The
proposed wall is allowed with* a conditional use permit.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-84:
1. The site plan and elevations received and dated September 23, 1996, shall be the conceptually
approved layout.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the
working drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
3. Building permits shall be obtained for the wall segments installed without permits or shall be removed
within 90 days from effective date of this approval.
4. Prior to final building permit inspection and approval the following shall be completed:
a. Compliance with all conditions of approval specified herein shall be accomplished and verified by
the Community Development Department.
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.
ZA Minutes - 12/4/96
14
(MIN1204)
5. The Community Development Director ensures that all conditions of approval herein are complied
with. The Community Development Director shall be notified in writing if any changes to the site
plan or elevations are proposed as a result of the plan check process. Building permits shall not be
issued until the Community Development Director has reviewed and approved the proposed changes
for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the
proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by
the Zoning Administrator may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 96-84 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 96-84 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.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-84, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington Beach
Zoning and Subdivision Ordinance or Municipal Code occurs.
4. 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, except as noted herein.
5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of
Qr0 anae and submitted to the Department of Community Development within two (2) days of the
Zoning Administrator's action.
THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY,SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, DECEMBER 11,1996 AT 1:30 PM.
Mary th roeren, Acting
Zoning Administrator
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