HomeMy WebLinkAbout1998-11-12•
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MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
THURSDAY, NOVEMBER 12, 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. 98-67 (MARIO'S OUTDOOR DINING)
APPLICANT:
Mario Valenzuela, 15964 Springdale, Huntington Beach, CA 92647
PROPERTY OWNER:
Robert Chan, P.O. Box 861056, Los Angeles, CA 90086-1056
REQUEST:
To permit a 600 square foot outdoor dining area on the west side of an
existing restaurant.
LOCATION:
15964 Springdale Street (northeast corner of Edinger Avenue and
Springdale Street)
PROJECT PLANNER:
Bob Goldin
Bob Goldin, Staff Planner, stated that the applicant has requested a continuance to a date uncertain.
Staff stated that the continuance is to accommodate a change in the request to include the sale of
alcohol in the outdoor dining area. Staff stated that the request would be re -advertised.
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 item to a date uncertain.
Mr. Fauland stated that the item is to be re -advertised when the public hearing date is scheduled.
CONDITIONAL USE PERMIT NO.98-67 WAS CONTINUED TO A DATE UNCERTAIN AT
THE APPLICANT'S REQUEST.
ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 98-2/CONDITIONAL USE PERMIT •
NO 984/VAR.IANCE NO. 98-2 (ANDREWS RESIDENCE)
APPLICANT/
PROPERTY OWNER: James & Katherine Andrews, 17041 Bolero Lane, Huntington Beach,
CA 92649
REQUEST: To permit the demolition of an existing residence and construction of a
new 3,479 square foot, two (2) story single family residence with a third
story deck. The request includes two (2) variances: 1) A maximum lot
coverage of 54% in lieu of 50%; and 2) A minimum rear setback of five
(5) feet in lieu of ten (10) feet.
LOCATION: 17041 Bolero Lane (south side, west of Sirius Drive)
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner, displayed project plans stating the purpose, location and zoning of the
requested project. Staff presented a review of the staff report and recommended approval of the
request based upon the findings and subject to the conditions as outlined in the staff report.
Herb Fauland, Zoning Administrator, staff and the applicant reviewed the plans. Mr. Fauland
confirmed with staff that the proposed project complies with the Infill Lot Ordinance, and confirmed
with staff that no written or verbal comments were received in response to the public notification.
Mr. Fauland asked if the homeowner's association (HOA) architectural committee has submitted
approval of the proposed project. A member of the HOA stated that they have received and approve •
the proposed project.
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.98-2/CONDITIONAL USE PERMIT
NO. 984/VARIANCE NO. 98-2 WERE 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) WORKING DAYS.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-2:
1. Coastal Development Permit No. 98-2 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.
ZA Minutes 11/12/98 2 (98zm1112)
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 with all applicable development standards with the exception of the variances proposed
for increased lot coverage and the decreased rear setback.
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 with the public access and public recreation policies of Chapter 3 of
the California Coastal Act. No public access currently exists at the site.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-4:
1. Conditional Use Permit No. 98-4 for the establishment, maintenance and operation of a new two
story single family residence with a third story deck 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 residential development is designed to integrate with the
existing neighborhood and the site is physically suitable for single family residential development.
2. The new two story single family residence with a third story deck will be compatible with
surrounding uses. There are several homes in the immediate vicinity that are multi -story and
incorporate third story decks. The colors and materials proposed for the new residence are
compatible with those of the adjacent residences and surrounding properties.
3. The new two story single family residence with third story deck will comply with the provisions of
the base district and any specific conditions required for the proposed use in the district in which it
would be located, with the exception of the proposed variances to reduce the rear setback and
exceed the maximum lot coverage. With the exception of these two variances, the structure meets
the minimum setbacks, provides sufficient off-street parking and meets all other aspects of the
Zoning and Subdivision Ordinance.
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-7) on the
subject property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Require that single family residential units be designed to convey a high level of quality and
character. (LU 9.1.2)
b. Require that all new residential development within existing residential neighborhoods (i.e.,
infill) be compatible with existing structures. (LU 9.2.1)
FINDINGS FOR APPROVAL - VARIANCE NO. 98-2:
1. Because of special circumstances applicable to the subject property, including size, shape,
0 topography, location or 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
ZA Minutes 11/12/98 3 (98zm1112)
identical zone classification. The property is of a similar size and shape of properties in the general
vicinity which have been granted variances to exceed the required lot coverage. In addition,
several properties in the immediate area were built under a previous code requirement which •
permitted lot coverage up to 55%. Properties within the immediate area also have solariums
which extend beyond the bulkhead. The proposed five (5) foot rear yard setback is also consistent
with a setback variance granted for one home in the area under an identical zoning classification.
Therefore, granting of this variance is not inconsistent with other properties in the vicinity.
2. The granting of Variance No. 98-2 to permit a rear setback of five (5) feet in lieu of ten (10) feet
and to permit a maximum lot coverage of 54% in lieu of 50%, 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 several homes in the immediate vicinity which have been granted
variances to the maximum lot coverage, including 16941 Bolero (57%) and 16791 Bolero
(58.7%). In addition, there are residences which have been built to a maximum 55% lot coverage
under previous code requirements, including 16721 and 16981 Bolero. A residence at 4082
Shorebreak was granted a variance for a five (5) foot setback in lieu of the required ten (10) feet.
3. The granting of the variances is necessary to preserve the enjoyment of one or more substantial
property rights. By constructing the home with a maximum lot coverage of 54%, the property
owner will enjoy the same benefits imparted to the surrounding properties. In addition, the
reduced rear setback will provide additional views from the interior of the residence and would be
similar in design to the approved solariums in the immediate vicinity.
4. The granting of the variances will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. The additional lot coverage will not result in a structure 16
that would be incompatible with the surrounding neighborhood and will not result in a mass and
bulk that is inconsistent with the surrounding residences. The four (4) percent increase in lot
coverage represents a small increase to the overall development of the lot. The breakfast nook'
provided at the rear of the house at a reduced setback constitutes less than 30% of the width of the
residence, and will be less obtrusive than a solarium which could be built up to five feet beyond the
bulkhead. In addition, the rear of the property is adjacent to a navigable water way which imparts
additional usable open space to the property. The proposed nook is one story in design and is
integrated into the rear elevation.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-2/
CONDITIONAL USE PERMIT NO. 984/VARIANCE NO.98-2:
1. The site plan, floor plans, and elevations received and dated September 24, 1998 shall be the
conceptually approved layout with the following modifications:
a. Elevations shall depict colors and building materials proposed.
b. Depict all utility apparatus, such as but not limited to back flow devices and Edison
transformers on the site plan. Utility meters shall be screened from view from public rights -of -
way. Electric transformers in a required front or street side yard shall be enclosed in
subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback
and shall be screened from view. (Code Requirement) 0
ZA Minutes 11/12/98 4 (98zm1112)
c. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities
• and similar items on the site plan and elevations. If located on a building, they shall be
architecturally designed into the building to appear as part of the building. They shall be
architecturally compatible with the building and non -obtrusive, not interfere with sidewalk
areas and comply with required setbacks. (Code Requirement)
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. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of
clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water
heaters and central heating units.
3. Prior to issuance of building 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 Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be
submitted to the Department of Public Works for review and approval by the Park, Tree and
Landscape Division. One (1) 36" box tree or the Palm equivalent is required by Code to be
Is provided within the front yard. (PW)
c. The following shall be noted on the plans: Address numbers will be installed to comply with
City Specification #428. The size of the numbers will be a minimum of four (4) inches with a
brush stroke of one-half (1/2) inch. (FD)
4. 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.
5. Prior to final building permit inspection and approval, the following shall be completed:
® a. Backflow protection shall be installed per the City of Huntington Beach Water Division
Standards for domestic/irrigation water service. Backflow device shall be painted to match
ZA Minutes 11/12/98 5 (98zm1112)
surrounding aesthetics, and be screened from view to the satisfaction of the City of Huntington
Beach Landscape Architect and Water Division. The markings indicating the size, model
number and serial number shall be affixed to the body of the backflow device and must remain •
visible after painting. (PW)
b. If the existing water meter does not meet current Water Division standards and/or is not of
adequate size, a new meter shall be installed and sized in accordance with the UPC and
requirements of the City of Huntington Beach Building and Fire Department. (PW)
c. Compliance with all conditions of approval specified herein shall be accomplished and verified
by the Community Development Department.
d. 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.
6. 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. 98-2/Conditional Use Permit No. 98-4/Variance No. 98-2 shall
not become effective until the ten day appeal period has elapsed.
2. Coastal Development Permit No. 98-2/Conditional Use Permit No. 98-4/Variance No. 98-2 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. 98-2/Conditional Use Permit No. 98-4/Variance No. 98-2, 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. (PW)
Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of
Occupancy. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. State -mandated school impact fees shall be paid prior to issuance of building permits. •
ZA Minutes 11/12/98 6 (98zm1112)
8. 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.
9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
10. The applicant shall submit a check in the amount of $3 8.00 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.
NON-PUBLIC HEARING ITEM:
ITEM 1• CONDITIONAL USE PERMIT NO. 98-60 (SCHMIDT FENCE AND PATIO
COVER) (DENIED FROM THE OCTOBER 21, 1998 MEETING)
APPLICANT/
PROPERTY OWNER: Patti Schmidt, 8532 Oxley Circle, Huntington Beach, CA 92646
REQUEST: To permit a 50 inch high fence in lieu of 42 inches within the front yard
setback. The existing eight (8) foot high patio cover within the front
setback will be relocated to comply with code.
LOCATION: 8532 Oxley Circle (near Adams and Vintage Lane)
• PROJECT PLANNER: Bob Goldin
Bob Goldin, Staff Planner, stated that the applicant requests a reconsideration of the October 21, 1998
decision by the Zoning Administrator. Staff stated that the applicant has submitted revisions to the
patio cover as well as a reduction in the height of the fence in order to comply with code.
Herb Fauland, Zoning Administrator, stated that based upon prior discussions he was going to accept
the request for reconsideration. Mr. Fauland stated that the request would have to be re -advertised
when a public hearing date is scheduled.
AS THIS IS A NON-PUBLIC ITEM, THE PUBLIC HEARING WAS NOT OPENED.
RECONDISERATION OF CONDITIONAL USE PERMIT NO. 98-60 WAS ACCEPTED BY
THE ZONING ADMINISTRATOR.
THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDN SDAY, NOVEMBER 19, 1998, AT 1:30 PM.
Herb Fauland
Zoning Administrator
: rmk
ZA Minutes 11/12/98 7 (98zm1112)