HomeMy WebLinkAbout1997-01-29MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JANUARY 29,1997 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Susan Pierce, Mary Beth Broeren, Kim Langel (recording
secretary)
MINUTES: Approved November 6, 1996 Minutes
ORAL COMMUNICATION: None
ITEM 1: CONDITIONAL USE PERMIT NO.96-54/VARIANCE NO.96-22
(ADDITION/ROOFTOP DECK)
APPLICANT/
PROPERTY OWNER: Marty Sundy, 410 Seventh Street, Huntington Beach, CA 92648
REQUEST: To permit a third level deck on a two (2) story addition with variances to_
allow 57 percent site coverage in lieu of 50 percent and a three (3) foot side
yard building setback in lieu of three (3) feet, nine (9) inches.
LOCATION: 410 Seventh (east side of Seventh Street, 100 feet north of Orange Avenue)
PROJECT PLANNER: Susan Pierce
Susan Pierce, Staff Planner, displayed a site plan and elevations stating this request was continued
from the January 22, 1997, meeting to allow the applicant time to revise the plans to indicate 55
percent net site coverage (post dedications). Staff stated that since the last meeting the applicant has
met with other staff members who have reviewed the request and come to an agreement that staff
would recommend approval for the project with modifications. The modifications include removing
the projection along the rear of the building. Staff stated the reasons for recommending approval are
that this lot is in an area of primarily 25 foot wide lots, many of the lots were developed with
structures of 55 percent net site coverage, they provided additional open space in the form of roof top
decks, the proposal provides additional off street parking, the proposal increases the value of the
property, it enhances the street scene, is located at the rear of the property, and maintains a structure
of historical significance.
Staff is recommending approval with the modified findings and conditions of approval.
Herb Fauland, Zoning Administrator, asked staff what the revised net site coverage would be. Staff
stated that there will be 57.2 percent site coverage pre dedication and 55.9 percent site coverage post
dedication. Mr. Fauland stated that he is concerned because at the last meeting he gave direction to
the applicant and staff to work within the 55% net site coverage standard. He also expressed concern
that the site is being over built and that a precedent will be set over and beyond the 55 percent net site
coverage.
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THE PUBLIC HEARING WAS OPENED.
Marty Sunday, 410-7th Street, applicant, stated that he had met with Scott Hess, Senior Planner, and
compromised on the plan to shave 44 square feet off the structure bringing it to exactly 55 percent
site coverage post dedication.
Dan Gurzi, 3497 Braeman Lane, Corona, representing the applicant, stated that 55 percent of the
gross property area ends up being a square footage of 24 by 24. He stated that he has modified the
plan to accommodate this. With that modification the sideyard to the southeast will be four (4) feet,
seven (7) inches.
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 his concerns are that this will set a precedent in the
area of exceeding 55 percent net site coverage and that this property will gain a special privilege that
the other properties in the immediate .area did not receive. He stated that he will approve the request
at 55 percent net site coverage (post dedications) with findings and conditions as outlined by staff.
CONDITIONAL USE PERMIT NO.96-54 AND VARIANCE NO.96-22 WERE 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- 54:
1. Conditional Use Permit No. 96-54 to allow a two story addition with a rooftop deck above the
second floor top plate 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 addition with a rooftop deck is located at the rear of an existing structure
constructed in 1920 and considered as historically significant to the City of Huntington Beach.
The rooftop deck affords on -site recreational opportunities for the residents.
2. The conditional use permit will be compatible with surrounding uses because rooftop decks exist
on adjacent properties, and the deck is located in the rear one-third of the lot.
3. The proposed two story addition with a rooftop deck above the second floor top plate 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 except as granted by Variance No. 96-22.
ZA Minutes 1/29/97 2 (97ZM0129)
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4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Medium High on the subject
property. In addition, it is consistent with the following goals and policies of the General Plan:
LU 9.1.2 Require that single-family residential units be designed to convey a high level
of quality and character considering the following guidelines:
a. Modulate and articulate building elevation, facades, and masses (avoiding
undifferentiated "box -like" structures).
b. Avoid building materials, colors, and construction elements that visually
dominate their setting and contrast significantly with the character of their
neighborhood.
d. Encourage innovative and creative design concepts.
LU9.2 Provide for the preservation of existing residential neighborhoods.
FINDINGS FOR APPROVAL - VARIANCE NO.96-22:
The granting of Variance No. 96-22 to allow 55 percent site coverage based on net site area in
lieu of 50 percent net site area will not constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification.
Construction in the immediate vicinity includes single family dwellings with 55% net site
coverage. A rooftop deck is provided to offset open space lost on the ground level. In addition,
the plans have been revised to reflect minimum required sideyard setbacks for additional open
areas.
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 consists of a lot and one-half in an area consisting
predominately of single 25 ft. wide lots. Other properties (412 7th, 414 7th, 416 7th) have been
developed with 55% net site coverage which is in excess of the current maximum 50% net site
coverage allowed. An historically significant structure is sited on the subject property which is
also being preserved as part of the overall project.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. In addition to complying with all other applicable development standards the
project provides three enclosed parking spaces and the living area is in compliance with the
maximum floor area ratio permitted for this site.
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 project complies with all other development
standards except for maximum site coverage. In addition, the project provides additional off-
street parking over and above the code required. The addition, which is located in the rear half of
the lot, complies with maximum floor area ratio and minimum setbacks. The project as proposed
improves the value of the existing site and surrounding property and enhances the 7th street
scene.
ZA Minutes 1/29/97
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5. The granting of the variance will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of Residential Medium High on the subject property because the
approved site coverage is consistent with adjacent properties, additional parking is provided, open
space is provided on the rooftop deck, the property remains a single family residential use, and
the historic structure is preserved.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 54:
1. The site plan, floor plans, and elevations received and dated January 16, 1997, shall be the
conceptually approved layout with the following modifications:
a. The second floor projection into the rear yard setback shall be deleted. (Code Requirement)
b. Reduce the site coverage to a maximum 55 percent site coverage based on net site area (after
dedication).
c. Depict 2-1/2 ft. alley dedication along the rear of the subject property. (Code Requirement)
d. Depict rooftop deck exiting in compliance with Building Division requirements. (BD)
e. Elevations shall depict colors and building materials proposed.
f. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public rights -
of -way. Electric transformers in a required front or street side yard shall be enclosed in
subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement)
2. Prior to of submittal for building permits, the 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. Prior to issuance of building permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department
of Public Works for review and approval. (PW)
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Community Development. The Landscape
Construction Set shall include a landscape plan prepared and signed by a State Licensed
Landscape Architect which identifies the location, type, size and quantity of all existing plant
materials to remain, existing plant materials to be removed and proposed plant materials; an
irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions
of approval.
ZA Minutes 1/29/97 4 (97ZM0129)
The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision
Ordinance. The plans shall depict a minimum of 40% of the front yard in planting area as
required by Chapter 210 of the Zoning and Subdivision Ordinance. The existing parkway
shall be improved with landscaping and irrigation and the existing tree shall remain. (PW)
(Code Requirement)
c. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1
for review and approval and inclusion in the entitlement file to the Department of Community
Development.
d. Dedicate 2.50 feet along the rear of the subject property adjacent to the alley to the City of
Huntington Beach. (PW) (Code Requirement)
e. The property owner shall sign, notarize, submit a Covenant to Hold the Property as One to the
Department of Community Development for approval. When approved, the property owner
shall record the Covenant with the County Recorder. (Code Requirement
f. The property owner shall sign, notarize, and submit a Covenant to the Department of
Community Development for approval assuring that the single family residence will be
maintained as one (1) dwelling unit. When approved, the property owner shall record the
Covenant with the County Recorder.
g. The property owner shall sign, notarize, and submit a Covenant to the Department of
Community Development for approval assuring that any future modifications to the historic
dwelling will retain the historic integrity of the structure (e.g., architectural design, porch, roof
pitch, similar materials). When approved, the property owner shall record the Covenant with
the County Recorder.
4. Prior to final building permit inspection, the following shall be completed:
a. Remove one half of existing asphalt alley and construct a new one-half concrete alley. (PW)
b. Remove and replace existing sidewalk. (PW)
c. Remove existing curb and replace with concrete curb and gutter. (PW)
d. All improvements to the property shall be completed in accordance with the approved plans
and conditions of approval specified herein.
e. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Community Development Department.
f. 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 1/29/97 5 (97ZM0129)
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:
1. Conditional Use Permit No. 96-54 and Variance No. 96-22 shall not become effective until the
ten day appeal period has elapsed.
2. Conditional Use Permit No. 96-54 and Variance No. 96-22 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. 96-54 and
Variance No. 96-22, 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. All applicable Public Works fees shall be paid. (PW)
5. An encroachment permit shall be required for all work within the right-of-way. (PW)
6. State -mandated school impact fees shall be paid prior to issuance of building permits.
7. 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.
Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
9. 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 1/29/97 6 (97ZM0129)
ITEM 2: CONDITIONAL USE PERMIT NO.96-94 (AMERICAN STORAGE)
APPLICANT: Gerald Lamb, 29841 Monarch Drive, San Juan Capistrano, CA 92645
PROPERTY OWNER: Luigi Canale, 901 Dove Street, #150, Newport Beach, CA 92660
REQUEST: To permit vehicle storage, use of 1,120 square feet of storage containers for
self storage, and conversion of 1,232 square feet of warehouse space to self
storage.
LOCATION: 7676 Slater Avenue and 17575 Morgan Lane (south side of Slater Avenue,
west side of Morgan Lane)
PROJECT PLANNER: Susan Pierce
Susan Pierce, Staff Planner, displayed a site plan, District Zoning Map, and photographs stating that
this is a request to permit vehicle storage, use of 1,120 square feet of storage containers for self
storage, and conversion of 1,232 square feet of warehouse space to self storage. Staff stated that the
property consists of two (2) legal parcels, and is adjacent to properties owned and controlled by the
applicant. Currently, the southern property is used as mini -storage. The request is to permit the
consolidate the properties that the applicant has recently acquired and allow mini -storage and vehicle
storage on the entire site.
Staff stated that they support the application because all of the proposed storage is confined to the
interior of the property and is screened from view by fencing or existing buildings. It has access and
security gates, and the only access to the entire site will be from Slater Avenue. Staff does not
believe there will be additional traffic noise to the surrounding area and it will be consistent with the
General Plan because it provides safe convenient parking with minimal impacts to the City and
continues to provide the diversity of land uses. Staff stated that they have received one (1) letter from
a neighbor regarding traffic increase and landscaping deficiencies. Staff is recommending approval
with the findings and conditions outlined in the staff report.
THE PUBLIC HEARING WAS OPENED.
Gerald Lamb, 7676 Slater Avenue, applicant, asked staff for clarification on which gate was to be
removed. Staff pointed out the gate on the site plan.
John Vaughan, 7621 Reynolds Circle, concerned with the auto storage area becoming an impound
storage yard. Staff stated that it would be for storage of cars, boats and trailers, and would not
include impounded, dismantled or inoperable vehicles.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.96-94 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 1/29/97 7 (97ZM0129)
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-94:
1. Conditional Use Permit No. 96-94 for the establishment, maintenance and operation for vehicle
storage and use of 1,120 square feet of storage containers, and conversion of 1,232 square feet of
warehouse space to self storage 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 vehicle storage and self -storage use is confined within the interior
of the subject property and are screened from view by existing fencing, buildings, and security
gates. Access to the site is proposed only on Slater Avenue.
2. The conditional use permit will be compatible with surrounding uses because the project does not
generate significant traffic or noise impacts in excess of ambient noise levels.
3. The proposed vehicle storage and use of 1,120 square feet of storage containers, and conversion
of 1,232 square feet of warehouse space to self storage 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.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Industrial General on the subject property.
In addition, it is consistent with the following goals and policies of the General Plan:
a. Achieve a diversity of land uses that sustain the City's economic viability, while maintaining
the environmental resources and scale and character. (LU7)
b. Provide safe and convenient parking that has minimal impacts on the natural enviromnent, the
community image, or quality of life. (CE5.1.2)
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-94:
1. The site plan and floor plans received and dated November 4, 1996, shall be the conceptually
approved layout with the following modifications:
a. Fencing and storage located on the west side of the Slater Avenue building shall be removed
to provide a minimum of four parking spaces (three standard spaces and one handicap space).
Any remaining outdoor storage area shall be screened from view and located 50 feet
minimum from Slater Avenue.
b. All storage within the parking area adjacent to the north side of the Morgan Lane building
and the security gate shall be removed and restored to parking area. The parking area shall
include a turn -around space, and a minimum of one handicap parking space shall be
provided.
c. All public parking spaces within the storage yard shall be double striped and signed
"customer parking."
ZA Minutes 1/29/97 8 (97ZM0129)
d. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision
Ordinance and Title 24, California Administrative Code. (Code Requirement)
e. Outdoor lighting shall be provided in the vehicle storage area. Energy saving lamps shall be
used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and
shall be shown on the site plan and elevations.
2. Within 60 days of Conditional Use Permit approval, a Landscape Construction Set must be
submitted to the Department of Public Works and approved by the Departments of Public Works
and Community Development. The Landscape Construction Set shall include a landscape plan
prepared and signed by a State Licensed Landscape Architect which identifies the location, type,
size and quantity of all existing plant materials to remain, existing plant materials to be removed
and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy
of the entitlement conditions of approval.
The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision
Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed
shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be
incorporated into the project's landscape plan. (PW) (Code Requirement)
3. The use shall comply with the following:
a. The operator shall provide 24-hour security and may utilize the existing manager/security
personnel who lives on the adjoining site. (PD)
b. The project shall comply with the Huntington Beach Fire Code. This may include but is not
limited to 24-foot wide fire lanes, automatic fire sprinklers in tenant improvement areas, knox
key installations on gates. (FD)
If fire lane violations occur and the services of the Fire Department are required, the applicant
will be liable for expenses incurred. (FD)
d. All planting and irrigation depicted on the approved landscaping plan shall be installed and
completed within six months of Conditional Use Permit approval.
e. The vehicle storage shall not include parking tow-aways, impounded vehicles, or vehicle
dismantling.
4. 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.
ZA Minutes 1/29/97 9 (97ZM0129)
j[NFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 96-94 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 96-94 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. 96-94
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.
Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
6. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign
faces, a building permit shall be obtained from the Department of Community Development.
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.
THE MEETING WAS ADJOURNED AT 1:58 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNES Y, FEBRUARY 5,1997 AT 1:30 PM.
Herb Fauland
Zoning Administrator
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ZA Minutes 1/29/97
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