HomeMy WebLinkAbout1998-09-30MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, SEPTEMBER 30,1998 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Ricky Ramos, Joe Thompson, Peter Vanek, Kim Langel
(recording secretary)
MINUTES: None
ORAL COMMUNICATION: None
ITEM 1: CONDITIONAL USE PERMIT NO.97-67/COASTAL DEVELOPMENT PERMIT
NO.98-10/TENTATIVE PARCEL MAP NO.98-114NARIANCE NO.98-7 (CAVIOLA
CONDOMINIUM CONVERSION) (CONTINUED FROM THE SEPTEMBER 9,1998
MEETING)
APPLICANT/
PROPERTY OWNER:
REQUEST:
LOCATION:
PROJECT PLANNER:
James Caviola Jr., 1008 Ocean Avenue, #4, Seal Beach, CA 90740
1) To convert an existing 3-unit apartment complex into
condominiums; 2) A one -lot parcel map; 3) A variance to reduce
required parking by one (1) space which would maintain the
preexisting nonconforming parking for the development (nine (9)
parking spaces are required and eight (8) parking spaces are existing).
16672 Pacific Coast Highway (north side, west of 16'' Street)
Ricky Ramos
Ricky Ramos, Staff Planner, stated the request was continued from the September 9, 1999
meeting to get a better idea when the methane gas extraction system would be in place. The
applicant is now requesting a continuance to prepare the information requested by staff.
CONDITIONAL USE PERMIT NO.97-67/, COASTAL DEVELOPMENT PERMIT NO.
98-10, TENTATIVE PARCEL MAP NO.98-114 AND VARIANCE NO.98-7 WERE
CONTINUED BY THE ZONING ADMINISTRATOR WITH PUBLIC HEARING
OPENED TO THE OCTOBER 14,1998 MEETING.
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ITEM 2• CONDITIONAL USE PERMIT NO.98-65 ()YILSON ADDITION)
APPLICANT: Maddux Construction, 14736 Beach Boulevard, Westminster, CA
92683
PROPERTY OWNER: Annette Wilson, 15951 Carrie, Huntington Bach, CA 92647
REQUEST: To permit the addition of a 419 square foot accessory dwelling unit to
an existing 1,932 square foot single family residence.
LOCATION: 15951 Carrie Drive (west side, north of Edinger)
PROJECT PLANNER: Joseph Thompson
Joe Thompson, displayed a site plan and photographs stating the proposed request is located in
the Low Density Residential zone. The request complies will all applicable city codes and will
not be detrimental to the value of the property and improvements in the neighborhood. The
addition will be utilized to house a mother and her son. The accessory dwelling unit will not
create any additional traffic beyond that typical of a single family residence. No correspondence
has been received regarding the proposed request.
Staff is recommending approval of the proposed request based upon the findings and conditions
of approval as outlined in the staff report.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Herb Fauland, Zoning Administrator, stated he did not have enough information regarding the
potential inhabitants of the proposed unit. His is concerned that the unit will become a rental
unit. Staff stated that per code requirement the unit must be owner occupied.
The applicant arrived.
THE PUBLIC HEARING WAS RE -OPENED.
Jim Maddux, 14736 Beach Boulevard, applicant, stated that the property owner's son, who is in
need of medical supervision, will utilize the addition. The property owner is living in the main
dwelling.
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 would be approving the request with a
modification to Finding No. 1 to include who would be living in the accessory unit and why.
ZA Minutes — 9/30/98 2 (98ZM0930)
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CONDITIONAL USE PERMIT NO.98-65 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.98-65:
1. Conditional Use Permit No. 98-65 for the establishment, maintenance and operation of the
accessory dwelling unit 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 property owner's son, who is in need of medical supervision, will utilize
the addition. The property owner is living in the main dwelling.
2. The conditional use permit will be compatible with surrounding uses because the accessory
dwelling unit will be architecturally integrated with the existing dwelling and will not create
any additional traffic beyond that typical of a single family residence.
3. The proposed accessory dwelling unit 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 addition complies with the minimum development standards,
including setbacks, parking, lot coverage and building height.
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 Low Density on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Achieve the development of a range of housing units that provide for the diverse
economic physical and social needs of existing and future residents of Huntington Beach.
(LU 9)
b. Require that all new residential development within existing residential neighborhoods be
compatible with existing structures. (LU 9.2.1)
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-65:
1. The site plan, floor plans, and elevations received and dated August 6, 1998 shall be the
conceptually approved layout.
ZA Minutes — 9/30/98 3 (98ZM0930)
2. Prior to submittal for building permits, the following shall be completed:
a. 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 grading 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 plan for silt control for all water runoff from the property during construction and
initial operation of the project may be required if deemed necessary by the Director of
Public Works. (PW)
5. 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.
6. 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.
7. 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 — 9/30/98 4 (98ZM0930)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 98-65 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 98-65 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. 98-65,
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. A parkland dedication in -lieu assessed at 25 percent of the fee for a single family residence
shall be paid prior to issuance of the building permit.
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: VARIANCE NO.98-9 (CHIECHI SHED
APPLICANT: Larry Chiechi, 6521 Cadiz Circle, Huntington Beach, CA 92647
REQUEST: To permit an existing 90 square foot storage shed zero (0) feet from
the property line in lieu of five (5) feet.
LOCATION: 6521 Cadiz Circle (south side, west of Vintage Lane)
PROJECT PLANNER: Joseph Thompson
Joe Thompson, Staff Planner, displayed a site plan and photographs, stating that the request is a
result of a code violation. The subject site is located in the Low Density Residential zone. Staff
feels approval of the request will constitute a grant of special privilege inconsistent with
limitations upon other properties in the vicinity and under an identical zone classification.
Variances to permit accessory structures within the minimum five (5) foot side setback and
ZA Minutes — 9/30/98 5 (98ZM0930)
minimum 15 foot front setback have not been granted to properties under a similar zoning
classification. 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 subject property is located on a corner and is flat and rectangular in shape,
with street frontages on the south and east sides. Also, the rear yard of the existing home can
accommodate the existing 90 square foot storage shed if it were moved to another location on the
site without encroaching into the required setbacks. No correspondence has been received
regarding the proposed request.
Staff is recommending denial based upon the findings for denial as outlined in the staff report.
Herb Fauland, Zoning Administrator, stated that he feels the subject request had not been noticed
for a public hearing properly. He stated that the variance for the front yard setback was omitted,
however, he would hear public testimony and continue the item to correctly re -notify the
variance.
THE PUBLIC HEARING WAS OPENED.
Nancy Chisnall, 6501 Cadiz Circle, stated that she had to follow the code required setbacks when
she had the addition to her home constructed, and feels the applicant should also have to follow
the code requirements. Ms. Chisnall stated that she feels the adjacent fence is a fire hazard.
Karen Chiechi, 6521 Circle, applicant, stated that the subject shed was constructed to house their
desert tortoise. She stated the shed is not an eyesore and urged approval of the proposed request.
Herb Fauland, Zoning Administrator, asked the applicant how long the structure has been in
place. Ms. Chiechi stated that the structure has been there for seven (7) years.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN.
VARIANCE NO.98-9 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO
THE OCTOBER 21,1999 MEETING.
ITEM 4: CONDITIONAL USE PERMIT NO.98-59 (TAXI'S TAVERN)
APPLICANT: Emil Varona, 318 Main Street, Huntington Beach, CA 92648
REQUEST: To permit the consumption of alcohol within an existing outdoor patio
at the rear of an existing tavern.
LOCATION: 318 Main Street (east side, south of Orange Avenue)
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner, displayed a site plan stating that the request is located on the third
block of Main Street in the Downtown Specific Plan Area. Staff stated that the proposed
temporary patio is at the rear of the existing establishment and will be enclosed by an eight (8)
ZA Minutes — 9/30/98 6 (98ZM0930)
foot high wood fence painted to match the building. No surrounding uses will be impacted by
the consumption of alcohol within the temporary outdoor patio. No correspondence has been
received regarding the proposed request.
Staff is recommending approval of the proposed request with findings and conditions of approval
as outlined in the staff report.
Herb Fauland, Zoning Administrator, stated that if approved he would require a condition that in
the event that the outdoor patio is removed, the consumption of alcohol in the patio area shall be
prohibited.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.98-59 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.98-59:
1. Conditional Use Permit No. 98-59 for the establishment, maintenance and operation of a
temporary outdoor patio with alcohol consumption in conjunction with an existing restaurant
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 temporary patio is at the rear of the existing establishment and will be enclosed by
an eight (8) foot high wood fence painted to match the building.
2. The conditional use permit for alcohol consumption within a temporary outdoor patio will be
compatible with surrounding uses as the existing restaurant is surrounded by retail
establishments. No surrounding uses will be impacted by the consumption of alcohol within
the temporary outdoor patio.
3. The consumption of alcohol within a temporary outdoor patio 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 with the exception of parking.
The patio is in compliance with all setback requirements, but will occupy one parking space.
The removal of one parking space for a temporary period of one year will not significantly
impact the supply of parking on site. No additional parking is required for the proposed
patio.
ZA Minutes — 9/30/98 7 (98ZM0930)
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 Mixed -Use on the subject property. In
addition, it is consistent with the following goals and policies of the General Plan:
a. Require the incorporation of adequate onsite open space and recreational facilities to
serve the needs of the residents. (LU 11.1.4)
b. Require that mixed -use developments be designed to mitigate potential conflicts between
the commercial and residential uses. (LU 11.1.5)
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-59:
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, the following shall be completed:
a. 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).
b. A patio seating plan shall be approved by the Fire Department.
c. All Fire Department requirements shall be noted on the building plans including the
following: (FD)
1) Fire extinguishers will be installed and located in areas to comply with Huntington
Beach Fire Code Standards.
2) Exit signs and exit path markings will be provided in compliance with the
Huntington Beach Fire Code and Title 24 of the California Administrative Code.
Low level exit signs will be included.
d. A $500 bond shall be posted with the Department of Community Development
to ensure the removal of the outdoor patio upon the expiration of the temporary time
period.
3. 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 — 9/30/98 8 (98ZM0930)
4. The use shall comply with the following:
a. Hours of operation for the outdoor patio shall be limited to the hours between 8:00 a.m.
and 12:00 a.m. daily.
b. Tables and chairs shall not block required exits.
c. The doors between the existing establishment and the outdoor patio shall remain closed at
all times during live performances or amplified music within the existing establishment.
d. All conditions of the Entertainment Permit as approved by the Police Department.
e. The doors between the outdoor patio and the parking lot shall be utilized for emergency
exiting purposes or vendor deliveries only. No entry to the establishment shall be
permitted from the rear patio doors.
f. If outdoor lighting is included, 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.
g. No outdoor live performances or amplified music shall be permitted as part of the
outdoor patio.
5. The use shall be valid for one (1) year from the date of approval. The temporary outdoor
patio enclosure shall be removed by August 6, 1999. At that time, the applicant shall either
apply for extension of the temporary use; upon which the Community Development Director
has the discretion to approve or deny the extension of the temporary use, remove the outdoor
patio, apply for participation in the In -Lieu Fee Parking Program or submit a variance to the
parking requirements per Chapter 241 of the Zoning and Subdivision Ordinance.
6. In the event that the outdoor patio is removed, the consumption of alcohol in the patio area
shall be prohibited.
7. 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 — 9/30/98 9 (98ZM0930)
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 98-59 shall not become effective until the ten day appeal
period has elapsed.
2. Conditional Use Permit No. 98-59 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. 98-59,
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. 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 1:55 PM BY THE ZONING
ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE
ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 14,1998 AT 1:30 PM.
Herb Fauland
Zoning Administrator
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ZA Minutes — 9/30/98 10 (98ZM0930)