Loading...
HomeMy WebLinkAbout1998-09-02MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 2,1998 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren, Acting STAFF MEMBER: MINUTES: ORAL COMMUNICATION: Ricky Ramos, Peter Vanek None None ITEM 1: VARIANCE NO.98-10 (GERGEN GARAGE) CONTINUED FROM THE AUGUST 5,1998 MEETING) APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: Joseph Gergen, 927 loth Street, Huntington Beach, CA 92648 To allow the construction of a 1,320 square foot detached garage which exceeds ten (10) percent of the lot size. 927 1 Oth Street (north side of 101h Street, 200 feet east of Main Street) Ricky Ramos Ricky Ramos, Staff Planner, displayed a site plan stating that the subject garage has already been constructed because a permit was issued in error. The request is to exceed ten (10) percent of the lot size, the garage as constructed exceeds 10.49 percent of the lot size. The building has had final inspection approval from the Building & Safety Department. Staff has received two (2) phone call inquiries and one (1) letter in opposition. Staff is recommending approval of the proposed request with the suggested findings and conditions of approval as outlined. THE PUBLIC HEARING WAS OPENED. Marguerite Galich, 939-1 Oth Street, would like a stipulation to the approval that no commercial vehicles be parked in the garage that would exceed normal weight limits that may damage the alley. Arline Howard, 917-101h Street, feels that the garage was not built in malicious attempt, but since the error was not caught by city, the city should be held accountable. She requested that the application be denied. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Acting Zoning Administrator, asked staff if the applicant has proposed parking the commercial vehicles in the garage. Staff stated that they do not have a home occupation permit and do not plan to in the future. Ms. Broeren asked staff if any complaints have been received regarding commercial vehicles parking in the area. Staff stated that they did not know of any but would have to research further. Ms. Broeren stated that she had visited the site and did not see any signs of commercial vehicles in the area. In reviewing the request Ms. Broeren stated that she will find in favor of the applicant as it is a slight increase and will not be detrimental to the property or the surrounding area. However, she would like to put in the conditions of approval that if the home were rebuilt they would be responsible for complying with site coverage requirements for all structures on the site. VARIANCE NO.98-10 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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.98-10: 1. The granting of Variance No. 98-10 to allow a 1,320 square foot detached garage which is 10.4 percent of the lot size in lieu of the maximum 10 percent (1,271 square feet) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. There are other existing detached garages developed on properties in the area under an identical zone which are comparable in size to the subject garage. 2. Because of special circumstances applicable to the subject property, including location and 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 site is located in an older under - parked neighborhood fully developed with residential uses, including several multi- family developments. Approval of the request is beneficial because it provides more off-street parking for this older neighborhood. ZA Minutes — 9/2/98 2 (98ZM0902) 1 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The garage was issued a permit and is already constructed. Reconstructing the existing garage to reduce its size by approximately 49 square feet will result in a much greater cost than the benefit that would be gained. Attaching the garage to the existing house to comply with code is impractical based on the applicant's plans to construct a new house in the near future. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification because the subject site is one of the larger properties in the area and the excess garage space of approximately 49 square feet is negligible in relation to the property and overall garage size. Attaching the garage to the house to comply with code will result in more building mass which could be more detrimental to the area. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the goals and policies of the General Plan including: a. LU 9.2.1 — Require that all new residential development within existing residential neighborhoods be compatible with existing structures, including the use of complimentary building materials and forms. CONDITIONS OF APPROVAL — VARIANCE NO.98-10: 1. The site plan, floor plan, and elevations received and dated April 7, 1998 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. 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 — 9/2/98 3 (98ZM0902) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No: 98-10 shall not become effective until the ten day appeal period has elapsed. 2. Variance No. 98-10 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. 98-10, 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. ITEM 2 COASTAL DEVELOPMENT PERMIT NO 98-19 (ROBEL ADDITION APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: COASTAL STATUS: James Robel, 7071 Warner Avenue, #17711, Huntington Beach, CA 92649 To permit an 1,874 square foot first and second story addition to an existing two-story single family dwelling. 16741 Bolero Lane (north side, west of Baruna Lane) Peter Vanek APPEALABLE Peter Vanek, Staff Planner, displayed a site plan stating that the addition is in compliance with all development standards for the residential low density zone and will not impact any public view or access to any coastal resources as none exist. Subject to the standard conditions of approval staff is recommending approval of the addition as proposed. No calls or letters have been received. ZA Minutes — 9/2/98 4 (98ZM0902) 1 THE PUBLIC HEARING WAS OPENED. Gerald Urner, Huntington Harbour Property Owners Association, stated that the Architectural Review Committee of the Association has reviewed and approved the request. James Robel, 16741 Bolero Lane, applicant, stated that he concurred with staff s recommendation and conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Acting Zoning Administrator, asked staff if Public Works Department had any comments regarding the proposed setbacks. Staff stated that they only required that no part of the building encroach into the easement. COASTAL DEVELOPMENT PERMIT NO.98-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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.98-19: 1. Coastal Development Permit No. 98-19 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed addition will not impact public views or access to coastal resources. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development will conform to all applicable development standards including building setbacks, lot coverage and landscaping. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure currently exists at the site. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access currently exists at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-19: 1. The site plan, floor plans and elevations received and dated July 15, 1998, shall be the conceptually approved layout. ZA Minutes — 9/2/98 5 (98ZM0902) 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printe`'i verbatim on the second 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. 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. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 98-19 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 98-19 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 30 days prior to the expiration date. Community Development a minimum 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 98-19, 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. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 5. State -mandated school impact fees shall be paid prior to issuance of building permits. ZA Minutes — 9/2/98 6 (98ZM0902) r 6. 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. 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 3: COASTAL DEVELOPMENT PERMIT NO. 98-20 (KROLL ADDITION) APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: COASTAL STATUS: Stephen Kroll, 3591 Courtside Circle, Huntington Beach, CA 92649 To permit a 435 square foot second story addition and a 120 square foot second story deck to an existing two-story single family dwelling. 3591 Courtside Circle (west side, north of Coral Cay Lane) Peter Vanek APPEALABLE Peter Vanek, Staff Planner, displayed site plan stating that the project is in compliance with all the development standards for the residential low density zone, will not impact any public views and no correspondence has been received regarding this item. Staff is recommending approval of the proposed request with the suggested findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO.98-20 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes — 9/2/98 7 (98ZM0902) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-20: 4' 1. Coastal Development Permit No. 98-20 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed addition will not impact public views or access to coastal resources. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed development will conform to all applicable development standards including building setbacks, lot coverage and landscaping. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure currently exists at the site. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access currently exists at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.98-20: 1. The site plan, floor plans and elevations received and dated July 17, 1998, shall be the conceptually approved layout. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on the second 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. 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 — 9/2/98 8 (98ZM0902) L 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 98-20 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 98-20 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 Coastal Development Permit No. 98-20, 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. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (PW) 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 — 9/2/98 9 (98ZM0902) NON PUBLIC HEARING ITEMS ITEM 4: LOT LINE ADJUSTMENT NO.98-3 APPLICANT: Gary Dysart, City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: City of Huntington Beach, 2000 Main Street, Huntington Beach, CA 92648 Stephen J. Barker, Douglas Realty Company, Inc., 4060 Lakewood Boulevard, Long Beach, CA 90808-1700 REQUEST: To adjust a common lot line between three contiguous parcels. LOCATION: Northwest corner of the intersection of Springdale Street and Skylab Road PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed a site plan stating that the request is to allow for the reservoir expansion. The adjustment will not create any additional parcels or building sites and complies with the requirements for minimum area, width, and frontage. Staff is recommending approval of the proposed request with the suggested findings and conditions of approval. LOT LINE ADJUSTMENT NO.98-3 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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.98-3: 1. The granting of Lot Line Adjustment No. 98-3 for the adjustment of a lot line between the three existing industrial parcels will not create any additional parcels or building sites. 2. The resulting parcels from the lot line adjustment will conform to Titles 20-24 of the Huntington Beach Zoning and Subdivision Ordinance and Specific Plan No. 11 (McDonnell Centre Business Park) because the adjusted lots comply with the requirements for minimum area, width, and frontage. 3. The lot line adjustment will not sever any existing structure on any of the three parcels. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed prior to the adjustment. The subject lots are zoned for industrial use and do not contain any residential units. ZA Minutes — 9/2/98 10 (98ZM0902) 5. A plat map showing the lot line adjustment has been prepared and approved and will be filed in accordance with the provisions of Section 253.24. CONDITIONS OF APPROVAL — LOT LINE ADJUSTMENT NO.98-3: The lot line adjustment received and dated August 26, 1998 shall be the conceptually approved layout. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Lot Line Adjustment No. 98-3 shall not become effective until the ten-day appeal period has elapsed. 2. Lot Line Adjustment No. 98-3 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 Lot Line Adjustment No. 98- 3, 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. THE MEETING WAS ADJOURNED AT PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 9,1998 AT 1:30 PM. Mar Beth roeren, Acting Zoning Administrator :kjl ZA Minutes — 9/2/98 11 (98ZM0902)