HomeMy WebLinkAbout1999-07-28MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JULY 28, 1999 - 1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Joe Thompson, Jane James, Sandra Thornton, Ricky Ramos,
Ramona Kohlmann (recording secretary)
MINUTES: July 1, 8, 15, and 29, 1998 Minutes and
June 23 and July 7, 1999 Minutes were approved
ORAL COMMUNICATION: None
ITEM 1• CONDITIONAL USE PERMIT NO.98-92 / VAR 99-12 (ADAM'S SHANGRILA)
(CONTINUED FROM THE JULY 7, 1999 MEETING)
APPLICANT: Dominic Adams, 224 Crest Ave., Huntington Beach, CA 92648
PROPERTY OWNER: Neria Yomtoubian, P.O. Box 3595, Newport Beach, CA 92660
REQUEST: Establish a 4,000 sq.ft. restaurant with alcohol sales in an existing
commercial center. A variance is requested to allow 28 parking spaces
in lieu of 40 (a 12 space reduction).:
LOCATION: 714 Adams Avenue (south side of Adams, west of Beach)
PROJECT PLANNER: Joe Thompson
Joe Thompson, Staff Planner, displayed site plans stating that the item was continued from the July 7,
1999, Zoning Administrator meeting to afford the applicant the opportunity to meet with many
concerned residents opposing this request.
Staff stated that, at the Zoning Administrator's direction, the applicant held a community meeting,
attended by staff.
Staff stated that the project is inconsistent with the General Plan. Staff recommended denial of the
proposed project.
Staff stated that a letter was received, since the last Zoning Administrator hearing, from several of the
neighbors, including a petition signed by the members of the neighborhood opposing the project.
Herb Fauland, Zoning Administrator, confirmed with staff the date and events of the community
meeting. A discussion ensued with Mr. Fauland and staff regarding the revised plan and related
issues.
THE PUBLIC HEARING WAS OPENED.
Lyn Nacif Adams, 224 Crest Avenue, the applicant, presented explanations to the request.
Dominic Adams, 224 Crest Avenue, the applicant, addressed the issues presented by staff. At the
request of Mr. Fauland, Mr. Adams explained the details of the proposed project as well as a
summary of the concerns addressed at the community meeting.
Donna Jensen, 709 Oceanhill Drive, neighboring property owner, opposed the proposed project
expressing concerns regarding devaluation of property, overflow parking in the neighborhood, noise,
and questioned the applicant's intent in possibly creating a bar with live entertainment.
Rachel Randel, 711 Oceanhill Drive, neighboring property owner, opposed the proposed project
expressing concerns such as property value, vector control, odor, overflow parking, noise,
circumstances created in the neighborhood by inebriated customers, and unresolved issues resulting
from the community meeting.
Gilbert Flores, 815 Oceanhill Drive, neighboring property owner, opposed the project, displayed a
large poster of the proposed site and presented a history of current commercial establishments and
resulting problems. In particular, he addressed noise, security lights in parking lots at night shining
into his home, overflow parking, noise from inebriated customers at 2:00 a.m., police helicopters at
night resulting from problems with the current establishments, and safety issues.
Mr. and Mrs. Adams proposed amendments to the project, and responded to the issues presented
above by the members in the audience.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Fauland addressed the applicant's proposed amendments and stated that he did visit the subject
site as well as the surrounding neighborhood. Mr. Fauland stated that he received and reviewed a
letter dated July 23, 1999, from the Mayor, Council members, and City Administrator with a petition
signed by 71 residents in opposition to the project, as well as a letter from Century 21 Beachside
Realty dated July 20, 1999, from Earl and Judy Taylor.
Mr. Fauland stated that the project's incompatibility with the area coupled with inadequate parking
are not within the City's goals. The building was originally designed as an office building and
therefore had insufficient parking, which is an important factor in his decision. Also, the close
proximity of the building to the adjacent homes makes the proposal incompatible.
Mr. Fauland stated that he was going to deny the request based on the revised findings presented by
staff today.
CONDITIONAL USE PERMIT NO.98-92 / VAR 99-12 WERE DENIED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS. HE STATED
THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED
TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS.
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FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO.98-92
1. Conditional Use Permit No. 98-92 for the establishment, maintenance and operation of the 4,000
square foot restaurant with alcohol sales will 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 restaurant will impact surrounding businesses in a negative manner.
The restaurant would be located within an existing commercial center, which has limited space
available for parking. Other than LA Boxing, tenants within the commercial center would be
restricted to the number of parking spaces available to them at any time during the day or
evening.
2. The conditional use permit will not be compatible with surrounding commercial and residential
uses. Sufficient parking will not be provided for the proposed restaurant, thereby making less
parking available for existing and future tenants of the commercial center. Additionally, the ten -
foot buffer adjacent to the residential neighborhood would be decreased to allow the maximum
number of parking spaces to be placed on the lot. This decrease in buffering would cause an
adverse noise impact on the residents.
3. The proposed 4,000 square foot restaurant with alcohol sales will not comply with the provisions
of the base district and other applicable provisions in Titles 20-21 of the Huntington Beach
Zoning and Subdivision Ordinance. Although the parking lot can be re -stripped to maximize the
number of parking spaces, the parking lot will maintain a deficiency of 12 spaces for the
restaurant use.
4. The granting of the conditional use permit will adversely affect the General Plan. It is
inconsistent with the Land Use Element designation of CG (Commercial General) on the subject
property. In addition, it is inconsistent with the following goals and policies of the General Plan:
a. Goal LU 10.1.6: Require that commercial projects abutting residential properties adequately
protect the residential use from the excessive or incompatible impacts of noise, light,
vehicular traffic, visual character, and operational hazards..
b. Goal LU 4.2.4: Require that all developments be designed to provide adequate space for
access, parking, supporting functions, open space, and other pertinent elements..
FINDINGS FOR DENIAL VARIANCE NO.99-12
1. The granting of Variance No. 99-12 to allow 28 parking spaces in lieu of 40 parking spaces (a
reduction of 12 spaces) will constitute a grant of special privilege inconsistent with limitations
upon other properties in the vicinity and under an identical zone classification. The City has not
previously granted a variance to parking when possible noise or other adverse impacts would
impact adjacent residential neighborhoods or tenants within the same commercial center.
ZA Minutes 07/28/99 3 (99ZM0728)
2. Because of special circumstances applicable to the subject property, including size, shape,
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
identical zone classification. The site is flat and rectangular and able to accommodate the
required number of parking spaces for the existing uses. Establishing a 4,000 square foot
restaurant at this site would intensify the demand for parking on a site that cannot be increased in
size.
3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial
property rights. The establishment of a restaurant in the commercial center would intensify
parking demand on a parking lot that had been previously designed to accommodate office type
uses. If established, parking availability would be restricted to existing and future office tenants
within the center
4. The granting of the variance will be materially detrimental to the public welfare or injurious to
property in the same zone classification. Expansion of the parking lot to allow the maximum
number of spaces and reduce the variance amount to a 12 parking space deficiency will cause a
decrease in noise buffering to the adjacent residential neighborhood.
5. The granting of the variance will adversely affect the General Plan. It is inconsistent with the
Land Use Element designation of CG (Commercial General) on the subject property. In addition,
it is inconsistent with the following goals and policies of the General Plan:
a. Goal CE 5: Provide sufficient, well designed and convenient on and off-street parking
facilities throughout the City.
b. Goal CE 5.1.2: Provide safe and convenient parking that has minimal impacts on the natural
environment, the community image, or quality of life..
ITEM 2• CONDITIONAL USE PERMIT NO.99-15 (MC GRATH WALL) (CONTINUED
FROM THE JULY 14,1999 MEETING)
APPLICANT/
PROPERTY OWNER: Bart McGrath, 21051 Leasure Lane, Huntington Beach, CA 92646-
7136
REQUEST: To permit a 7 foot 2 inch high wall/fence in the front yard setback in
lieu of a maximum height of 3.5 feet.
LOCATION: 21051 Leasure Lane (west side of Leasure Lane, ± 240 feet south of
Atlanta Avenue)
PROJECT PLANNER: Ricky Ramos
Ricky Ramos, Staff Planner, displayed site plans and photographs stating that the request is the result
of a Code Enforcement complaint.
Staff stated that he does not support the project as proposed because the findings can not be met.
However, staff recommended approval of a modified plan as reflected in the conditions for approval.
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Staff outlined conditions La and Lb. and recommended that the overall height be reduced to a
maximum 6 feet and setback 5 feet with landscaping.
Staff stated that the findings for approval could be met for this modified plan, specifically, that the
reduction in height and the provision of landscaping would help to soften the appearance of the wall.
In addition, the driveway corner visibility requirements will be complied with.
Herb Fauland, Zoning Administrator, asked staff if the filing of the conditional use permit by the
applicant was the result of Code Enforcement investigations. Staff confirmed and stated that the
Code Enforcement activity began approximately six months ago. Staff stated that building permit
records and entitlement records for the immediate vicinity and neighborhood do not indicate previous
actions or previously approved walls compatible with this type of proposal.
Mr. Bart McGrath, applicant, interjected that a neighbor 3 homes down has a similar wall as his and it
has been there for approximately 20 years while his has been there for 11 years. Staff stated that their
research indicates that there are no building permits or entitlement records for the neighbor's wall.
Mr. Fauland stated the possiblity that both walls were built without permit. Mr. McGrath stated he
brought a copy of a permit for the neighbor's wall.
Mr. Fauland and staff discussed the building permit and entitlement records of similar type walls for
the immediate vicinity and neighborhood.
Mr. Fauland and staff reviewed the current permit for the proposed project and reviewed photographs
of the wall.
THE PUBLIC HEARING WAS OPENED.
Ms. Diana McGrath, 21051 Leasure Lane, the applicant, presented her reasons for building the fence.
Ms. McGrath presented examples of fund raising community activities both she and her husband have
been involved in for the part 15 years, in particular the Huntington Beach Concourse de Elegance
auto show. Ms. McGrath outlined past instances of security problems prior to building the fence such
as neighborhood robberies. Ms. McGrath stated that since the addition of the fence she has a good
sense of security and safety when she is at home alone. Ms. McGrath presented petitions signed by
neighbors supporting the existing fence and she urged that they be allowed to keep the existing fence
as presented.
Mr. Bart McGrath, 21051 Leasure Lane, the applicant, expressed a desire to defend his position and
presented his case. Mr. McGrath displayed large poster boards with pictures of homes in the
immediate area and throughout the City with fencing similar to the subject property. He described
the fences, their locations and condition. Mr. McGrath stated that they have contributed many
volunteer hours to the City and felt it unfair that after 11 years a complaint is filed and now they have
to defend themselves. He stated that he consulted an attorney on this matter, and he quoted advice
given to him on how to proceed in defending this case.
Ms. McGrath emphasized her statement that they are committed to the City and would not build a
fence that is detrimental or harmful to the immediate community or the community at large. Ms.
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McGrath expressed her concern for the expense involved in the possible removal or altering of the
fence. Ms. McGrath strongly urged that they be allowed to keep the existing fence.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Fauland stated that the issue of existing structures such as an existing blockwall is always a
difficult issue. Mr. Fauland noted that he recollects helping Mr. McGrath with this issue when he
first began working for the city.
Mr. McGrath stated that his contractor was told that the wall could be built no more than 3 feet 6
inches high with an engineered foundation. Mr. McGrath stated that they built the wall at 3 feet 4.
At that time they were told that the wrought iron fence on top of the wall had to be 80% open for
visibility purposes. Mr. McGrath stated they complied with the requirements obtained from the city.
Mr. Fauland asked the applicant what the front yard is used for? Mr. McGrath stated that on occasion
it is used to park a couple of automobiles, which are always covered and the area is maintained in a
neat and clean manner. Mr. McGrath stated that there are numerous properties in the immediate and
surrounding area where cars are kept on properties surrounded by trash and debris. Mr. McGrath
stated that because he does keep his area neat and clean, 22 neighbors have signed a petition on his
behalf.
Mr. Fauland asked if Mr. McGrath has given any consideration to staff s recommendation. Mr.
McGrath described the labor and expense involved in having to break down an engineered wall and
re -engineer a new wall and set it back 5 feet. Mr. McGrath compared his fence to others located
throughout the City stating that he photographed over 150 properties. He noted that some may or
may not have obtained proper city approvals. Mr. McGrath defended his case by the fact that he did
seek information from the City 11 years ago. He indicated he would have preferred a taller wall if
permitted.
Mr. Fauland stated that he has reviewed the issue very carefully, along with the photographs and
noted that some of the examples presented may be legal and some may be illegal. Mr. Fauland stated
that he did visit the site and neighborhood to see if examples of this type of fencing exist. Mr.
Fauland stated that the illegal fence extensions located throughout the city on the arterial streets are a
problem that the city is attempting to address. He stated that most are not attractive or compatible
with the existing fences.
Mr. Fauland stated that the City and staff are attempting to address the issue and take into account the
wishes of new homeowners who wish more privacy by fencing in their front yards. Mr. Fauland
explained that staffs job is to try to come up with a design that is the most aesthetically pleasing not
only for the homeowner but also for the neighborhood. Mr. Fauland stated that staff s
recommendation is to try to eliminate blank walls and setbacks without landscaping.
Mr. Fauland stated that staff has presented a fair recommendation, however, based upon today's
testimony presented by Mr. and Mrs. McGrath, he was going to override staff s recommendation for
denial and approve the conditional use permit. Mr. Fauland noted his findings that a precedent has
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been set in the neighborhood and the design of the wall in conjunction with the color of the wrought
iron fencing is compatible with the existing structure.
Mr. McGrath stated that he would add some attractive greenery around the area to make a more
pleasant looking environment. Mr. Fauland stated that he would add a condition of approval for
additional landscaping. He directed staff to work with Mr. McGrath in designing a plan to soften the
appearance of the wall and front yard.
CONDITIONAL USE PERMIT NO.99-15 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 PROJECTS EXEMPT FROM
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15303, Class 3 of the CEQA Guidelines, because it involves the construction of
an accessory structure for an existing use.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-15:
1. Conditional Use Permit No. 99-15 for the establishment, maintenance and operation of the 7 foot-
2 inch high combination slump stone wall/wrought iron fence in the front yard setback in lieu of a
maximum height of 3.5 feet 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 slump stone wall/wrought iron fence is similar to an existing wall/fence
located on another property three lots away from the subject site. It is designed to be compatible
with the appearance of the single family dwelling. Landscaping of sufficient height to be visible
from the street will be provided behind the wall/fence to further soften its appearance.
2. The conditional use permit will be compatible with surrounding uses because the massing of the
combination wall/fence is minimized by the use of open wrought iron fencing placed above a low
(3 foot-4 inch high) slump stone wall. Additionally, the color of the wall/fence is compatible with
the dwelling.
3. The proposed combination wall/fence as modified by conditions 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 project is allowed by approval of a conditional use
permit.
4. The granting of the conditional use permit as modified by conditions will not adversely affect the
General Plan. It is consistent with the Land Use Element designation of Residential Low Density
on the subject property which permits single family residences and approved accessory structures.
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CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-15
1. The site plan and wall/fence elevations received and dated April 9, 1999 shall be the conceptually
approved layout with the following modification:
a. Provide landscaping behind the wall in the existing planter area or by means of newly placed
potted plants. The landscaping shall be of sufficient height so as to be visible from the street
to the approval of Planning staff.
b. The color of the wall/fence shall continue to match the dwelling.
2. The applicant shall obtain a building permit for the combination wall/fence within 60 days of the
final approval of this entitlement. Installation of the landscaping required under Condition 1(a)
shall be completed within 90 days of the final approval of this entitlement.
3. 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.
b. Note on the site plan any proposed landscaping to be provided in the existing planter area or
by means of newly placed potted plants behind the wall to the approval of Planning staff.
This landscaping shall be of adequate height so as to be visible from the street to the approval
of Planning staff.
c. Submit plans and engineering calculations for the combination wall/fence. (BD)
d. Provide test data to show construction to be consistent with plans. (BD)
4. 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, including the landscaping required under
Condition l (a).
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.
5. Vehicle parking is only permitted in the garage or on the driveway leading to the garage. Parking
on the paved area behind the combination wall/wrought iron fence is prohibited.
6. 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 and wall/fence
elevations 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
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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. Conditional Use Permit No. 99-15 shall not become effective until the ten day appeal period has
elapsed.
2. Conditional Use Permit No. 99-15 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 Planning Department a minimum 30 days prior to
the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-15,
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. 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 Planning Department within two (2) days of the
Zoning Administrator's action.
ITEM 3: CONDITIONAL USE PERMIT NO.99-33NARIANCE NO.99-13 (HABITAT FOR
HUMANITY):
APPLICANT:
Habitat for Humanity, Mike Bekins, 2165 So. Grand Avenue, Santa
Ana, CA 92705
PROPERTY OWNER:
City of Huntington Beach, Redevelopment Agency, c/o David Biggs,
2000 Main Street, Huntington Beach, CA 92648
REQUEST:
To permit the construction of three single-family residences on three
separate substandard lots. Each lot is substandard in width and size due
to a recent street -widening project on Yorktown Avenue. The Variance
is requested to allow one residence (2501 England) to provide 2
enclosed parking spaces in lieu of 2 enclosed and 2 open driveway
spaces as required by code.
LOCATION:
Property 1: 2422 England Street (southeast corner of Yorktown and
England); Property 2: 2419 Florida Street (southwest corner of
Yorktown and Florida); Property 3: 2501 England Street (northwest
corner of Yorktown and England)
PROJECT PLANNER:
Jane James
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Jane James, Staff Planner, displayed site plans stating that the applicant constructs affordable housing
projects for Orange County.
Staff recommended approval of the request primarily because the CUP and variance can be supported
as follows:
1. The lots are substandard in size because of the street -widening project undertaken by the City,
and a denial of the project would result in vacant property.
2. The proposed development may increase the neighborhood property values.
3. The two -car garage proposed on the north side of Yorktown does provide sufficient parking
because it is a two -bedroom residence.
4. A private alley easement, which serves properties to the north of the subject property, does
impact the sizability of the project to meet code requirements, and therefore serves to support
the variance.
Herb Fauland, Zoning Administrator, confirmed with staff that the homes will be affordable.
THE PUBLIC HEARING WAS OPENED.
Greg Brown, representing the Huntington Beach Redevelopment Agency, stated that the residences
will be homeownership opportunities for very low income households (50% of the median income or
below).
Ronald Blake, 2165 South Grand Ave., Santa Ana, President of Habitat for Humanity, stated their
concurrence with staff s recommendation. Mr. Blake presented an overview of the project and the
timeframe for completing the project.
Mike Bekins, 2165 South Grand Ave., Santa Ana, the applicant, confirmed that he has reviewed the
conditions and stated that he concurs with staff s recommendation.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO.99-33NARIANCE NO.99-13 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) CALENDAR DAYS.
FINDINGS FOR PROJECTS EXEMPT FROM CEOA:
The Zoning Administrator finds that the project will not have any significant effect on the
environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to Section 15303, Class 3 of the CEQA Guidelines, because the project involves
construction of three (3) single family residences on three (3) separate lots. The homes will not have
any adverse individual or cumulative impacts on the environment.
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FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-33:
1. Conditional Use Permit No. 99-33 for the establishment, maintenance and operation of the three
(3) single family residences on three (3) separate substandard lots 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 substandard lots were created as a result of
street widening on Yorktown Avenue and otherwise would not be developable. Approval of the
conditional use permit will allow development of the substandard lots, will improve the aesthetics
of three vacant properties, and will potentially add value to the neighborhood.
2. The conditional use permit will be compatible with surrounding uses because the Residential
Medium density neighborhood is primarily developed with single family and multi -family
residential units. The three proposed one-story residences will be harmonious with other one,
two, and three story residential structures in the area. In addition, the proposed structures are
scaled proportionately to the size of the substandard lots.
The proposed construction of three single family residences on three substandard lots 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, except for the variance requested for two
(2) open driveway parking spaces at 2501 England Street. The projects meet or exceed all other
code requirements and developments such as, setbacks, building height, site coverage, etc.
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 Medium Density on the subject
property. In addition, it is consistent with the following goals and policies of the General Plan:
a. Goal LU 9: Achieve the development of a range of housing units that provides for the diverse
economic, physical, and social needs of existing and future residents of Huntington Beach.
b. Policy LU 9.1.2: Require that single family residential units be designed to convey a high
level of quality and character.
c. Policy LU 9.2.1: Require that all new residential development within existing residential
neighborhoods (i.e., infill) be compatible with existing structures.
The three single family homes are proposed by Habitat for Humanity, a non-profit organization,
that constructs affordable housing projects. The proposed housing units are desirable because
they will help meet the diverse needs of Huntington Beach residents. The proposed residences
are well designed, contain landscaping, private garages accessed from the alley, wood fencing,
and front porches which are all elements of new urban design trends. The new residences will be
compatible with existing structures because they are unobtrusive single story, meet all required
setbacks, do not exceed site coverage, and will be provided with sufficient parking for the
potential number of residents.
FINDINGS FOR APPROVAL - VARIANCE NO.99-13:
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1. The granting of Variance No. 99-13 for provision of two enclosed garage spaces in lieu of two
enclosed and two open driveway spaces at 2501 England Street will not constitute a grant of
special privilege inconsistent with limitations upon other properties in the vicinity and under an
identical zone classification. Variances for reduced parking have been granted throughout the City
for similarly zoned properties.
2. Because of special circumstances applicable to the subject property, including size 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 lot is severely undersized because of a street widening project
conducted by the City of Huntington Beach. In addition, the lot is encumbered by a private alley
easement providing access to the subject lot as well as numerous residential properties to the
north. The combination of reduced lot size, the private alley easement, and the necessary setback
from the easement make it difficult to design a residential project which meets all development
regulations. The strict application of the zoning ordinance would result in a substantially smaller
residence that would not be able to provide the necessary comforts of a standard residence in
Huntington Beach.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The applicant proposes to construct a single story, two -bedroom home with a two
car garage. If the project was required to provide two (2) open driveway spaces in addition to the
two (2) car garage, the proposed residence and private yard area would be severely hampered.
Granting of the variance will allow the applicant to construct a viable two -bedroom home that can
be provided with sufficient parking, sufficient open space, and sufficient floor area similar to
other properties in the vicinity.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious
to property in the same zone classification. The reduction of two (2) open driveway parking
spaces will not adversely impact the adjacent properties because sufficient parking for the two (2)
bedroom house is provided within the two (2) car garage and guest parking is available on
England Street.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of Residential Medium Density on the subject property because it
will permit the development of a single family residence that will serve the needs of a diverse
section of Huntington Beach citizens and will not be detrimental to the quality and character of
the surrounding neighborhood.
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CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-33NARIANCE NO
99-13:
1. The site plan, floor plans and elevations received and dated May 28, 1999 shall be the
conceptually approved layout with the following modifications:
a. All three site plans shall be revised to demonstrate compliance with the 10 ft by 10 ft corner
cut-off required at the intersection of the alley and driveway and also at the intersection of the
alley and public street. (Code Requirement)
b. The site plan for 2501 England Street shall be revised to depict a seven foot, six inch private
alley easement on the rear (westerly) portion of the lot. In addition, the garage shall be
setback a minimum of five (5) feet from the private alley easement. (Code Requirement)
c. The site plan for 2501 England Street shall be revised to depict either a 10 foot separation
between the garage and main dwelling or the garage and main dwelling shall be permanently
attached. If the applicant chooses to permanently attach the two structures, the applicant shall
demonstrate compliance with maximum site coverage (50%) requirements. (Code
Requirement)
d. The elevations shall be revised to depict building height from the highest adjacent sidewalk to
the top of slab, and from top of slab to peak of roof, (Code Requirement)
e. 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 cover page of all
the working drawing sets used for issuance of building permits (architectural, structural,
electrical, mechanical and plumbing).
b. The applicant shall demonstrate compliance with the Infill Ordinance -Section 230.22 of the
Huntington Beach Zoning and Subdivision Ordinance. (Code Requirement)
c. All Fire Department requirements shall be noted on the building plans. (FD).
d. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie within
the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of
an acoustical analysis report and plans, prepared under the supervision of a person
experienced in the field of acoustical engineering, with the application for building permit(s).
(Code Requirement)
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e. An engineering geologist shall be engaged to submit a report indicating the ground surface
acceleration from earth movement for the subject property. All structures within this
development shall be constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural members to withstand anticipated
g-factors shall be submitted to the City for review prior to the issuance of building permits.
(Code Requirement)
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 for each lot. (PW)
b. The applicant shall submit a complete set of landscape plans to the Park, Tree, and
Landscape Division for their approval, prepared by a licensed Landscape Architect, showing
all proposed plantings. (PW)
A Street Improvement Plan, prepared by a Registered Civil Engineer, shall be submitted for
review and approval. (PW)
d. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with
the building permit application. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations regarding: grading,
foundations, retaining walls, streets, utilities, and chemical and fill properties. (PW) (Code
Requirement)
4. Prior to issuance of building permits, the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1
for review and approval and inclusion in the entitlement file to the Planning Department.
b. All Public Works fees shall be paid. (PW)
c. A grading permit shall be issued. (PW)
d. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement):
1) 20.00 feet off the north side of Yorktown Avenue between England Street and the private
alley. (PW)
2) 20.00 off the south side of Yorktown Avenue between England Street and Florida Street.
(PW)
3) 27.00 foot radius at the southeast corner of Yorktown Avenue and England Street. (PW)
4) 27.00 foot radius at the southwest corner of Yorktown Avenue and Florida Street. (PW)
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5) 27.00 foot radius at the northwest corner of Yorktown Avenue and England Street. (PW)
e. The project shall comply with all provision of the Huntington Beach Fire Code and City
specification 422, Well Abandonment. The applicant shall locate former well "Potts
Coupland" Red Star Oil which appears on Fire Department's Oil Map. (FD)
f. Address number shall be installed to comply with City Specification 428. (FD)
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 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, including:
1) Landscaping;
2) A new, separate domestic water meter service shall be installed to each residence per
Water Division standards, and size to meet the minimum requirements set by the uniform
Plumbing Code (UPC) and Uniform Fire Code (UFC), if applicable. Minimum water
meter lateral size shall be one -inch. Meters shall be touch -read type. (PW)
3) Although the meter must be replaced with a touch -read meter, the existing water service
serving 2501 England Street may potentially be utilized for domestic/irrigation purposes,
if it is of adequate size, conforms to current standards, and is in working condition as
determined by the Water Division. If this service cannot be utilized, it shall be abandoned
per City standards, and a new service shall be installed. (PW)
4) The existing 6-inch water pipeline in Yorktown Avenue is undersized. The developer
shall provide a hydraulic network analysis to determine if this pipeline requires
replacement to meet the demands of the proposed development. Any improvements to the
City's water system (including water pipeline replacement) necessary to support the
proposed development shall be borne by the developer, at no cost to the City. (PW)
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5) The applicant shall remove the existing AC berm located on the north side of Yorktown
Avenue and construct new curb, gutter, and sidewalk per Public Works requirements.
(The new curb alignment shall be 42 feet north of centerline). (PW)
6) A guardrail/signing treatment for 2501 England is required immediately west of the
project site to clear the existing residence. (PW)
7) A 35.00 foot curb return with wheelchair ramp shall be constructed at the northwest corner
of Yorktown Avenue and England Street. (PW)
8) The existing fire hydrant located on the north side of Yorktown Avenue shall be relocated.
(PW)
9) All new and existing overhead utilities shall be undergrounded. (PW)
10) The existing street light located on the north side of Yorktown Avenue shall be relocated.
(PW)
11)New street lighting shall meet Public Works requirements. (PW)
12) The existing grated storm drain inlet located a the northwest corner of Yorktown Avenue
and England Street shall be removed and replaced with a catch basin per Public Works
requirements. (PW)
13) The existing driveways located on the west side of England Street, north of Yorktown
Avenue shall be removed and replaced with curb, gutter, and sidewalk. (PW)
14) New sewer laterals shall be installed. (PW)
15) The rear yard setback at 2501 England Street shall be measured from the edge of the 7.50
foot wide private alley. (PW)
16) Signing and striping of Yorktown Avenue to be re -installed as required by Public Works.
(PW)
b. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
c. 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 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
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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. Conditional Use Permit 99-33/Variance No. 99-13 shall not become effective until the ten day
appeal period has elapsed.
2. Conditional Use Permit 99-33/Variance No. 99-13 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 Planning Department a minimum 30 days
prior to the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit 99-33/Variance
No. 99-13, 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)
5. Traffic Impact Fees shall be paid at the time of final inspection. (PW)
6. An encroachment permit shall be required for all work within the right-of-way. (PW)
7. Park and Recreation fees shall be paid prior to issuance of building permits.
8. State -mandated school impact fees shall be paid prior to issuance of building permits.
9. 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.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
11. All landscaping shall be maintained in a neat and clean manner, and in conformance with the
HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained
from the Departments of Planning and Public Works. Substantial changes shall require approval
by the Zoning Administrator.
12. 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 Planning Department within two (2) days of the
Zoning Administrator's action.
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ITEM 4: PETITION DOCUMENT: COASTAL DEVELOPMENT PERMIT NO.99-11
(GINN RESIDENCE)
APPLICANT: Richard Anderson, 128 South Glassell, Orange, CA 92866
PROPERTY OWNER: Rob and Anita Ginn, 16992 Marina Bay Drive, Huntington Beach, CA
92649
REQUEST: To remodel an existing single family dwelling and construct a 651
square foot 2"d story addition and two 2"d story decks.
LOCATION: 16992 Marina Bay Drive (north of Coral Cay Lane, east of Pacific
Coast Highway)
PROJECT PLANNER: Sandra Thornton
Sandra Thornton, Staff Planner, displayed site plans stating that she is recommending approval of the
project with the conditions as outlined in the staff report. Staff stated that a letter was received from
the Homeowner's Association (HOA) indicating preliminary approval; however, the HOA requested
that final approval be obtained from the HOA before construction begins.
Staff stated that the project will not impact public views or access to coastal resources. The project
meets all development regulations for the Low Density Residential Zoning district including building
heights, setbacks and site coverage. All necessary infrastructure is provided for the project. No
public access or recreactional opportunities exist at the site, and no letters or phones calls were
received regarding the request.
THE PUBLIC HEARING WAS OPENED.
Richard Anderson, 128 South Glassell, Orange, the applicant, stated that he concurred with the
conditions.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
COASTAL DEVELOPMENT PERMIT NO.99-11 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 - COASTAL DEVELOPMENT PERMIT NO.99-11:
1. Coastal Development Permit No. 99-11 for the development project, as proposed or as modified
by conditions of approval, conforms with the General Plan, including the Local Coastal Program.
The project is an addition to an existing single family residence, which conforms to the General
Plan Land Use designation of Residential Low Density. The project will not impact public views
or access to coastal resources.
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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 project meets all
development regulations for the Low Density Residential zoning district, including building
height, setbacks, and site coverage.
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 is
provided for the project.
4. The development conforms with the public access and public recreation policies of Chapter 3 of
the California Coastal Act. No public access or recreational opportunities exist at the site.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-11:
The site plan, floor plans and elevations received and dated June 24, 1999 shall be the
conceptually approved layout with the following modifications:
a. 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)
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. Please include the following issues in the design of your project: (BD)
• Methane barrier: Contact Fire Department for requirements.
c. Plans shall be prepared to show compliance with 1997 Uniform Building Code if submitted
for plan check after July 1, 1999. (BD)
d. All Fire Department requirements shall be noted on the building plans. (FD).
Final approval shall be received from the Homeowners Association.
3. Prior to issuance of building permits:
a. Smoke detectors shall be installed throughout bedrooms and adjacent hallways and must
provide the following: (FD)
• Smoke detection
• Audible alarms
b. Address numbers shall be installed to comply with city specification 428. (FD)
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4. Prior to final building permit inspection and approval, the following shall be completed:
a. The existing domestic water meter shall be replaced with a touch read meter, and shall be
sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and the
Uniform Fire Code (UFC). The irrigation service may be combined with the domestic
service, which shall be a minimum of 1 inch in size. (PW)
b. The existing water service serving the site may potentially be utilized for
domestichrrigation/fire protection services if it is of adequate size, conforms to current
standards, and is in working conditions as determined by the Water Division. (PW)
c. A backflow protection device is required for all water services. (PW)
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.
5. 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 REQUIREMENTS:
1. Coastal Development Permit 99-11 shall not become effective until the ten day California
Coastal Commission appeal period has elapsed.
2. Coastal Development Permit 99-11 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 Coastal Development Permit 99-11,
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)
5. State -mandated school impact fees shall be paid prior to issuance of building permits.
6. The development shall comply with all applicable provisions of the Municipal Code,
Department of Building, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
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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 Planning within two (2) days of the
Zoning Administrator's action.
THE MEETING WAS ADJOURNED AT 2:55 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, AUGUST 4,1999 AT 1:30 PM.
Herb Fauland
Zoning Administrator
:rmk
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