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HomeMy WebLinkAbout1998-01-14i I'] MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 14,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Kim Klopfenstein, Wayne Carvalho, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.97-94NARIANCE NO. 97-25 (PLUNKETT RESIDENCE) APPLICANT/ PROPERTY OWNER: Michael Plunkett, 413 Detroit Avenue, Huntington Beach, CA 92648 REQUEST: A conditional use permit to allow an existing garage with a two foot (2) and six (6) inch setback in lieu of seven feet and six (6) inches from the rear property line to be expanded along the alley toward Detroit Avenue; and allow a 1,633 square foot addition/remodel of the first floor; and a new 1,088 square foot second floor addition to the existing non conforming single family residence. A variance is requested to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit Avenue in lieu of alley access to the garage; and allow the existing driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet. LOCATION: 413 Detroit Avenue (northwest corner of Detroit and Delaware) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan stating the request is to allow an existing garage with a two foot (2, six (6) inch setback in lieu of seven feet, six (6) inches from the rear property line along the alley toward Detroit Avenue; allow a 1,633 square foot addition/remodel of the first floor; and a new 1,088 square foot second floor addition to the existing non conforming single family residence. A variance is requested to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit Avenue in lieu of alley access to the garage; and allow the existing driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet. The subject site is located at 413 Detroit Avenue. The request was continued from the January 17, 1998 meeting to allow staff to research any similar projects in the area. Staff stated that the turning radius is inadequate to obtain access from the alley. There is a conflict with a telephone pole in the alley and there are no immediate plans to underground the utilities in this area. Staff is recommending approval of the project based upon the findings that the subject property is an odd shaped lot corner lot. Given the existing location of the residence on the lot, the property owner is constrained due to the shape and size of the lot and the non -conforming location of the existing structure. The existing garage, located adjacent to the alley, will be expanded toward Detroit Avenue and will not impact the adjacent residence's privacy or habitable rooms. Herb Fauland, Zoning Administrator, asked staff if they had found any examples of garages in the immediate area being accessed from the street in lieu of the alleyway. Staff stated that they had found a few, but were not aware if they had city approval. THE PUBLIC HEARING WAS RE -OPENED. Michael Plunkett, 413 Detroit Avenue, applicant, was present but had no comment. Art Kent, 325 A 2"a Street, architect, stated that he concurred with staff s report and recommendation. 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 received further information on the history of the project from staff since the previous meeting. Mr. Fauland stated that he does not feel there are adequate findings to approve the request. He stated that he found nothing unusual about the configuration or topography of the subject lot and found the variance to constitute a special privilege to the property owner. In addition, in his opinion, he felt that the proposal was more of a new home rather than an addition. Because of this, he felt the structure should be built to conform to code by providing access from the alley, comply with setbacks, and be designed in such a manner as to protect the health and safety of the neighborhood. He concluded by stating his understanding of Mr. Plunkett's concerns regarding the process to date, and expressed the city's efforts to resolve the processing issues in the future. CONDITIONAL USE PERMIT NO.97-74 AND VARIANCE NO.97-25 WERE DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS 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 DENIAL - CONDITIONAL USE PERMIT NO.97-94: Conditional Use Permit No. 97-74 for the establishment, maintenance and operation of an existing garage with a two foot (2) six (6) inch non conforming setback in lieu of a seven (7) feet six (6) inch setback from the rear property line; expand the garage at the setback along the alley toward Detroit Avenue; allow a 1,633 square foot addition/remodel of the first floor; and a 1,088 square foot second floor addition to the existing non conforming single family residential structure will be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. Since the addition and remodel is not designed to integrate with the existing neighborhood or the existing residence and because the site is physically suitable for this type of development, the request to add to a non conforming structure is not compatible with the surrounding neighborhood and does not provide proper access, circulation and safety for the site. ZA Minutes — 1/14/98 (98ZM0114) I f�: 0 2. The request for the conditional use permit to allow an addition to a non conforming single family residential structure will not be compatible with surrounding residential development because the addition of 2,721 sq. ft. to the approximately 700 sq. ft. single family residence will impact circulation, access, safety and compatibility concerns to the adjacent alley and properties. The addition will reduce an interior sideyard setback, maintain and expand an existing non conforming rear yard setback, add to an existing garage creating an inadequate driveway setback, and retain an existing driveway from a collector street in lieu of providing access from the adjacent alley. The lot width of 54 feet at the rear of the property with alley access can be developed to conform to the RMH-A code requirements and be compatible with the surrounding neighborhood. The proposed addition and remodel will not comply with the provisions of the RMH-A 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 addition will reduce an interior sideyard setback, maintain and expand an existing non conforming rear yard setback, add to an existing garage creating an inadequate driveway setback, and retain an existing driveway from a collector street in lieu of providing access from the adjacent alley. The lot width of 54 feet at the rear of the property with alley access can be developed for proper access, circulation and safety concerns. In addition, the proposal could be redesigned to conform to the RMH-A code requirements and be compatible with the surrounding neighborhood. 4. The granting of the conditional use permit to allow an addition to a non -conforming structure will adversely affect the General Plan. The addition is not consistent with the Land Use Element designation of Medium High Density Residential -Small Lot Subdivision (RMH-A) on the subject property. In addition, it is not consistent with the following goals and policies of the General Plan: a. Require that all new residential development within existing neighborhoods be compatible with existing structures (LU 9.1.2). b. Ensure that structures and sites are designed and constructed to maintain their long- term quality (LU 4.2). c. Locate and design garages so that they do not dominate the street frontage (LU 9.1.2.) ZA Minutes — 1/14/98 3 (98ZM0114) FINDINGS FOR DENIAL - VARIANCE NO. 97-25: 1. The granting of Variance No. 97-25 to allow a three (3) foot interior side yard setback in lieu of five (5) feet; to maintain the existing driveway on Detroit in lieu of alley access to the garage; and allow the driveway with a maximum depth of eighteen (18) feet in lieu of twenty (20) feet from the garage will constitute a grant of a special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Because of no special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The existing non -conforming residence is located on a RMH-A zoned corner lot with a lot width of 54 feet along the rear portion of the lot. The lot width is greater than the typical twenty-five (25) feet wide RMH-A lots and therefor can accommodate the development in compliance with the code requirements. The encroachment of the proposed 2,721 sq. ft. addition into the required interior side yard setback area and reducing the driveway setback is major considering the existing home is only approximately 700 sq. ft. and single story. In addition, adequate lot depth is provided to redesign the interior yard setback, provide adequate rear yard turning radius, and gain alley access for proper and safe circulation. 2. The granting of the variance is not necessary to preserve the enjoyment of one or more substantial property rights. The garage could be redesigned and relocated as part of the remodel of the existing residence to meet the required rear yard setback and the required twenty five (25) foot turning radius necessary to provide safe and proper access to the garage from the alley. The existing driveway which provides access to the garage from Detroit Avenue (street side yard) could be converted to additional garage storage space, guest parking or landscaping. The reduced interior sideyard setback increases the non conformity and is inadequate for the newly remodeled residence located on a 54 feet wide parcel. The request is not necessary to preserve one or more property rights. 3. The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed expansion and remodel of the non conforming residence and garage will not be architecturally compatible with the development in the surrounding neighborhood since there would be an increase to the non -conformity of the residential structure by encroachment into a required interior side yard and driveway setbacks. The existing driveway which is proposed to be reduced to eighteen (18) feet in lieu of twenty (20) feet from the garage to the property line, could be removed and access to the garage could be provided from the alley. The redesign of the garage will eliminate the potential access, circulation and safety concerns along the local collector frontage and not be materially detrimental to the public welfare or injurious to the neighborhood. 4. The granting of the variance will adversely affect the General Plan. It is inconsistent with the Land Use Element designation of Medium High Density Residential on the subject property. The additions and remodel will not meet the required setbacks and access requirements for the zoning district and the non -conforming portion of the structure and access will be maintained and increased. ZA Minutes—1/14/98 4 (98ZM0114) lY ITEM 2: CONDITIONAL USE PERMIT NO.97-99 (OUIKSILVER PARKING 0 APPLICANT: Bruce Bearer/Sares Regis Group, 18802 Bardeen Avenue, Irvine, CA 92612 PROPERTY OWNER: West County Commerce Center LLC, 18802 Bardeen Avenue, Irvine, CA 92612 REQUEST: To allow a reduced parking requirement based on a specific industrial user (Quiksilver) proposed to occupy approximately 305,000 sq. ft. in two buildings. LOCATION: 15202 Graham and 5600 Argosy (North of McFadden Ave.) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and photographs stating the request is to allow a reduced parking requirement based on a specific industrial user (Quiksilver) proposed to occupy approximately 305,000 square feet in two (2) buildings at 15202 Graham and 5600 Argosy. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request based on data and conclusions in a parking study prepared by an independent engineering firm and because the use does not demand the same number of parking spaces specified for typical office and manufacturing uses. Staff noted that the probable long-term occupancy of the building based on its design, will not generate additional parking. Furthermore, the projected number of employees for the facility will not exceed the total number of on -site parking spaces. Herb Fauland, Zoning Administrator, asked staff if the request for approval is for the use or just the parking study. Staff stated it is for the use and the parking based on the use and the associated parking study. He explained if a new user occupies the building they will have to comply with parking based on the new use and it may become a future parking problem. Mr. Fauland stated that in the Parking Study on Page No. 6 he wanted the text to identify that 680 spaces are provided. He also wants the Parking Study to reflect the actual number of deficit spaces. Mr. Fauland concluded by stating he welcomes Quicksilver to Huntington Beach and hopes the new building will provide them with needed space. THE PUBLIC HEARING WAS OPENED. Bruce Bearer, 18802 Bardeen, Irvine, applicant, stated that he concurred with staff s report and recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.97-99 WAS APPROVED AS MODIFIED 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 — 1/14/98 5 (98ZM0114) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-99: 1. Conditional Use Permit No. 97-99 for a reduced parking requirement for the Quiksilver headquarters and warehousing facility occupying a total of 330,313 square feet in two buildings 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. Based on data and conclusions in a parking study prepared by an independent engineering firm (Kimley-Horn and Associates, Inc. dated January 12, 1998) as amended and clarified in the summary, Quiksilver will not demand the same number of parking spaces specified for typical office and manufacturing uses. 2. Based on Quiksilver's operation, 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. The probable long-term occupancy of the building, based on its design, will not generate additional parking demand. Furthermore, the projected number of employees for the Quiksilver facility will not exceed the total number of on -site parking spaces. 3. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of General Industrial on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-99: 1. The site plan, floor plans, and elevations received and dated December 5, 1997 shall be the conceptually approved layout. 2. All previous conditions of approval on Conditional Use Permit No. 97-26, Tentative Parcel Map No. 97-168 and Variance No. 97-17 shall still apply. 3. A revised copy of the Kimley-Horn & Associates Parking Study dated January 12, 1998, shall be submitted to the Department of Community Development for inclusion in the entitlement file prior to issuance of permits. The following modifications shall be made: a. Page 6, Paragraph 2, add a sentence that indicates the correct total parking spaces provided for Bldg A at 680 spaces. b. Page 10, Summary and Conclusions, add bullets that state (1) adequate parking will be provided for the proposed Quicksilver use and buildings based upon the study and (2) that adequate parking will be provided for both buildings with the restriction of warehouse use only for the remainder of Bldg A based upon the study. 4. The operation of Quiksilver shall comply with the facts and conclusions stipulated in the parking study prepared by Kimley-Horn & Associates dated January 12, 1998, including maximum number of employees, multiple shifts, etc. Significant changes to the projected parking demand and Quiksilver operation described in the parking study will require further review and approval by the City. ZA Minutes — 1/14/98 6 (98ZM0114) 5. Prior to vacating the building or occupancy of any future tenant, the building at 15202 Graham Street shall be provided with the required number of parking spaces specified in the Huntington Beach Zoning and Subdivision Ordinance in effect at that time. Based on the finite number of parking spaces on site, the removal of office and/or manufacturing area may be required. 6. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s), between the two properties occupied by Quiksilver. The property 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 on the new building. 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. 7. Any proposal for gated entryways (access control devices) shall be reviewed and approved by the Community Development, Fire and Public Works Departments. 8. 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. 97-99 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-99 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. 97-99, 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. 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 — 1/14/98 7 (98ZM0114) THE MEETING WAS ADJOURNED AT 2:35 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 21,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kj 1 ZA Minutes—1/14/98 8 (98ZM0114)