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HomeMy WebLinkAbout1998-10-21® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California • U WEDNESDAY, OCTOBER 21, 1998 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joe Thompson, Bob Goldin, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO. 98-113/CONDITIONAL USE PERMIT NO. 98-21/NEGATIVE DECLARATION NO. 98-3 (PICOZZI INDUSTRIAL BUILDINGS) (CONTINUED FROM THE OCTOBER 14, 1998 MEETING) APPLICANT: Burke Real Estate Group, 1805 E. Garry Avenue, #100, Santa Ana, CA 92705 PROPERTY OWNER: Parkview, Edward M. Picozzi, 31480 Nicolas Road, Temecula, CA 92591 REQUEST: To develop eight (8) industrial buildings ranging in size from 5,230 square feet to 6,504 square feet, totaling 49,236 square feet on two (2) adjacent lots with a combined land area of 2.85 acres. LOCATION: 18241 and 18251 Gothard Street (west side of Gothard Street between Talbert and Ellis Avenues) PROJECT PLANNER: Joseph Thompson Joe Thompson, Staff Planner, stated that the Fire Department would not approve the proposed project until an acceptable gas mitigation plan has been submitted and approved. Staff stated that the County of Orange agreed that the methane level is too high and that the current extraction process will take one -and -a -half years. Staff recommended a continuance to a date uncertain in order to address the aforementioned concerns. Staff stated that the applicant has reviewed the suggested conditions of approval and requests approval from the Zoning Administrator today. 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 that he was going to continue the request to a date uncertain, with re -notification, in order to allow time to address the County of Orange and Fire Department's methane contamination concerns. TENTATIVE PARCEL MAP NO. 98-113/CONDITIONAL USE PERMIT NO. 98-21/ NEGATIVE DECLARATION NO. 98-3 WERE CONTINUED TO A DATE UNCERTAIN. ITEM 2• CONDITIONAL USE PERMIT NO. 98-60 (SCHMIDT FENCE AND PATIO COVER) (CONTINUED FROM THE OCTOBER 14, 1998 MEETING) APPLICANT/ PROPERTY OWNER: Patti Schmidt, 8532 Oxley Circle, Huntington Beach, CA 92646 REQUEST: To permit a existing eight foot high patio cover and 6 foot fence that is located in the front yard setback to exceed the maximum allowable height of 42 inches. LOCATION: 8532 Oxley Circle, (near Adams and Vintage Lane) PROJECT PLANNER: Bob Goldin • Bob Goldin, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the request was continued from the October 14, 1998, meeting to allow time to research other fences in the vicinity of the proposed project. He stated that out of the eight homes researched only three are properly permitted. Staff recommended denial of the proposed project and stated that alternatives were discussed with the applicant. THE PUBLIC HEARING WAS OPENED. Patti Schmidt, 8532 Oxley Circle, applicant, spoke in favor of the request, disagreed with the setback requirements and stated that a precedent was set when the fence was originally built. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that he did visit the site and looked at the surrounding area. Mr. Fauland explained the criteria applied by the City when consideration is given to exceeding the height requirements for a fence. He stated that there were no specific circumstances in this particular case and that to approve the request would set a precedent. Mr. Fauland stated that he was going to approve staffs recommendation for denial. • ZA Minutes — 10/21/98 2 (98ZM1021) Mr. Fauland asked staff to add the following to the findings for denial: 4.b. avoiding undifferentiated "box -like" structures (LU 9.1.2.a), 4.c the avoidance of building materials, colors and construction elements that visually dominate their setting and contrast significantly with the charter of the neighborhood (LU 9.1.2.b). CONDITIONAL USE PERMIT NO. 98-60 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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. 98-60: Conditional Use Permit No. 98-60 for the establishment, maintenance and operation of the existing fence and patio cover 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 existing wall and patio cover were built without City approvals and as currently constructed, encroach in the required front yard setback area and exceed the height allowed by Code. 2. The existing fence and patio cover will be not compatible with surrounding uses, because there are no other fences and patio covers of similar design and height that are in similar locations on ® adjacent properties in the area that encroach into the required front yard setback. 3. The wall and patio cover cannot comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance as currently constructed. 4. The granting of the conditional use permit will adversely affect the General Plan. The patio cover and fence are inconsistent with the Land Use Element goals and policies of the General Plan that require the following: a) non residential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures (LU 9.3.3), b) avoiding undifferentiated "box -like" structures (LU 9.1.2.a), c) the avoidance of building materials, colors and construction elements that visually dominate their setting and contrast significantly with the charter of the neighborhood (LU 9.1.2.b). • ZA Minutes — 10/21/98 3 (98ZM1021) ITEM 3• VARIANCE NO 98-9 (CHIECHI SHED) (CONTINUED FROM THE SEPTEMBER 30, 1998 MEETING) • APPLICANT/ PROPERTY OWNER: 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 and 14 feet from the front property line in lieu of 15 feet. LOCATION: 6521 Cadiz Circle (south side, west of Vintage Lane) PROJECT PLANNER: Joseph Thompson Joseph Thompson, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the request was continued from the September 30, 1998, meeting in order to correct and re -notify the front yard variance. Staff recommended denial of the request based upon the suggested findings for denial as outlined in the staff report and because the granting of a variance will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. One letter dated September 30, 1998 was received from Nancy Chisnall, 6501 Cadiz Circle, neighboring property owner, opposing the proposed project. Herb Fauland, Zoning Administrator, confirmed with staff that the request was re -noticed to include the front yard setback. THE PUBLIC HEARING WAS OPENED. Karin Chiechi, 6521 Cadiz Circle, applicant, stated that they inquired and received agreement from neighboring residents prior to building the shed seven years ago. Nancy Chisnall, 6501 Cadiz Circle, neighboring property owner, spoke in opposition to the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that he was going to deny the request based upon the goals and policies of the General Plan and Zoning Codes, and as set forth in the suggested findings for denial in the staff report. Mr. Fauland asked staff to modify the findings for denial as follows: 5.c Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. VARIANCE NO. 98-9 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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. r ZA Minutes—10/21/98 4 (98ZM1021) FINDINGS FOR DENIAL - VARIANCE NO. 98-9: ® 1. The granting of a variance to permit an existing ninety (90) square foot storage shed zero (0) feet from the side property line in lieu of five (5) feet and fourteen (14) feet from the front property line in lieu of fifteen (15) feet 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 minimum fifteen (15) foot front setback have not been granted to properties under a similar zoning classification. 2. There are no special circumstances applicable to the subject property, including size, shape topography and 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 subject property is located on a corner and is flat and rectangular in shape, with street frontages on the south and east sides. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The rear yard of the existing home can accommodate the existing ninety (90) square foot storage shed if it were moved to another location on the site without encroaching into the required setbacks. 4. The granting of the variance would be materially detrimental to the public welfare or injurious to property in the same zoning classification. The storage shed, if approved at its present location, would set precedence for other property owners to build within minimum setbacks which have been established to provide buffering between structures on adjacent properties. ® 5. The granting of the variance would adversely affect the General Plan. It is inconsistent with the Land Use Element designation of Residential Low Density on the subject property. The storage shed is not compatible with the existing dwelling and is not consistent with the following goals and policies of the General Plan: C a. Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re -used, and renovated buildings. (LU 4.2.1) b. Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. (LU 4.2.4) c. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. ZA Minutes — 10/21/98 5 (98ZM1021) ITEM 4: COASTAL DEVELOPMENT PERMIT NO. 98-22/CONDITIONAL USE PERMIT NO 98-71 (NICHTER ADDITION) • APPLICANT: Richard Anderson, 128 S. Glassell Avenue, Orange, CA 92866 PROPERTY OWNER: Larry Nichter, 16771 Coral Cay Lane, Huntington Beach, CA 92649 REQUEST: To permit a 1,221 square foot addition including a third story to an existing two (2) story single family residence. LOCATION: 16771 Coral Cay Lane (west side of Coral Cay, near Bayshore Lane) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed site plans, elevations and photographs, stating the purpose, location and zoning of the requested project. Staff stated that the proposed request is currently under review by the Homeowner's Association. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Richard Anderson, 128 S. Glassell Avenue, Orange, applicant, stated that the Homeowner's Association has reviewed and approved the proposed request and a letter of approval from the Association was forthcoming. Mr. Anderson stated that they concur with the staff report. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked staff to add the following to the findings for denial: 2.c. The owner shall submit evidence to the City that the project has received approval from the Coral Cay Homeowner's Association. COASTAL DEVELOPMENT PERMIT NO.98-22 AND CONDITIONAL USE PERMIT NO. 98-71 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-22: 1. Coastal Development Permit No. 98-22 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. • ZA Minutes — 10/21/98 6 (98ZM1021) 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. ® 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-71: Conditional Use Permit No. 98-71 for the establishment, maintenance and operation of the addition to the existing residence 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, in that the addition is designed to integrate with the existing neighborhood and will comply with all development standards. 2. The proposed addition will be compatible with surrounding uses because the proposed colors, materials and design of the addition will be compatible with the existing dwelling and the surrounding neighborhood. 3. The proposed addition to the existing residence 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. No special considerations or variances are requested. 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 (RL) on the subject property. In addition, it is 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). Identify and reinforce a distinctive architectural and environmental image of each district in Huntington Beach (UD 1.1). CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-22/ CONDITIONAL USE PERMIT NO. 98-71: The site plan, floor plans and elevations received and dated August 24, 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). ZA Minutes — 10/21/98 7 (98ZM1021) b. The following Fire Department requirements shall be noted on the building plans: 1) A fire alarm system shall be installed and provide the following: • Water flow, valve tamper and trouble detection Audible alarms • Smoke detectors 2) Automatic sprinkler systems shall be installed throughout, including existing structural areas. Shop drawings shall be submitted and approved by the Fire Department prior to the system installation. (FD) c. The owner shall submit evidence to the City that the project has received approval from the Coral Cay Homeowner's Association. 3. Prior to issuance of grading permits, a grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. 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. • 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 REOUIREMENTS: 1, Coastal Development Permit No. 98-22 and Conditional Use Permit No. 98-71 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 98-22 and Conditional Use Permit No. 98-71 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. 98-22 and Conditional Use Permit No. 98-71, 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. ZA Minutes — 10/21/98 8 (98ZM1021) 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. An encroachment permit shall be required for all work within the right-of-way. (PW) CJ 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. 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 Count/ 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 2:01 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNE DAY, OCTOBER 28, 1998 AT 1:30 PM. Herb Fauland Zoning Administrator rmk ZA Minutes — 10/21/98 9 (98ZM1021)