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Home My WebLink About1998-10-28• 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 28, 1998, 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1 • CONDITIONAL USE PERMIT NO. 98-73 (CHAPMAN FENCE) APPLICANT/ PROPERTY OWNER: Pam Chapman, 9062 Niguel Circle, Huntington Beach, CA 92646 REQUEST: To permit a maximum six (6) foot high fence in lieu of 42 inches within the front yard setback. LOCATION: 9062 Niguel Circle (east of Magnolia Street, west of Polynesian 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 is the result of a Code Enforcement violation for non -permitted construction of the proposed fence. Staff stated that similar walls exist in the neighborhood. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. No written or verbal comments were received in response to the public notification. Herb Fauland, Zoning Administrator, stated that he had visited the site and questioned staff concerning similar permitted structures in the area. THE PUBLIC HEARING WAS OPENED. John Oschman, 9032 Niguel Circle, neighboring property owner, questioned the 12-foot setback from the sidewalk. James Young, 9031 Niguel Circle, neighboring property owner, asked what the City requirement was concerning the setback. Mr. Young stated that he was not in opposition to the proposed project. Pam Chapman, 9062 Niguel Circle, applicant, supported staff recommendation. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-73 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. 98-73: Conditional Use Permit No. 98-73 for the establishment, maintenance and operation of the existing fence 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, since the fence is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. 2. The existing fence will be compatible with surrounding uses because ther are other walls and fences of similar design and height in similar locations on other properties in the area, the design and color of fence and lattice is compatible with the residence and the fence will not create any sight distance problems. 3. The fence 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 approval of the conditional use permit. 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 Low Density Residential (RL) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that 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. Ensure that structures and sites are designed and constructed to maintain their long term quality. (LU 4.2) • ZA Minutes 10/28/98 2 (98zm1028) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 98-73: • 1. The site plan, floor plans, and elevations received and dated September 9, 1998 shall be the conceptually approved layout with the added requirement that landscaping be installed in front of the fence to help screen the fence as viewed from the street. 2. Prior to submittal for building permits, the 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 final building permit inspection and approval, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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. Conditional Use Permit No. 98-73 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-73 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 Planning a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 98-73, 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 Department, 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. ZA Minutes 10/28/98 (98=1028) 6. 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 Planning within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:47 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 4, 1998 AT 1:30 PM. -4 Herb Fauland Zoning Administrator ;rmk • • Z,A Minutes 10/28/98 4 (98zm1028)