HomeMy WebLinkAbout2000-05-31MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, MAY 31, 2000 -1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Wayne Carvalho, Fernie Sy, Ron Santos, Ricky Ramos,
Ramona Kohlmann (recording secretary)
MINUTES: May 3 and May 10, 2000, Minutes were approved.
ORAL COMMUNICATION: None
ITEM 1: SIGN CODE EXCEPTION NO.00-02 (MC KENNA MOTORS FREESTANDING
SIGN)
APPLICANT: Don Stephens, 18711 Beach Boulevard, Huntington Beach, CA 92648
PROPERTY OWNER: Daniel J. McKenna, 18711 Beach Boulevard, Huntington Beach, CA
92648
REQUEST: To permit a 38 feet high, 50 square foot freestanding sign in lieu of a
maximum 20 feet in height.
LOCATION: 18711 Beach Boulevard (west side of Beach Boulevard, approximately
1500 feet north of Garfield Avenue)
PROJECT PLANNER: Wayne Carvalho
Wayne Carvalho, Staff Planner, displayed site plans and photographs stating the purpose and location
of the request. Staff stated that the new sign identifying McKenna Volkswagen will replace an
existing sign. Staff supports the request, as it is compatible with other automobile dealership signs on
Beach Boulevard, the design is compatible with the proposed showroom renovation and walls signs
and will not obstruct vehicular or pedestrian traffic visibility.
THE PUBLIC HEARING WAS OPENED.
Greg Latimer, 2421 W. 205" Street, #200, Torrance, architect, stated that the existing sign is a right
the owner has enjoyed since 1960 on this particular property and is not willing to relinquish this right
since it is an advantage to the property.
Don Stephens, 18711 Beach Boulevard, applicant, stated that he is the construction coordinator for
McKenna Motors and emphasized the importance of the requested sign change. Mr. Stephens stated
that the larger sign displayed by other dealerships on Beach Boulevard place McKenna Motors at a
significant disadvantage.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mary Beth Broeren, Zoning Administrator, stated that she was going to deny the request because the
project does not comply with the new sign code ordinance adopted in 1997, which limits the sign
height along Beach Boulevard. Ms. Broeren stated that she did drive by the site and noted a number
of signs for other auto dealerships consistent with the new sign ordinance. Ms. Broeren also
expressed concern since the building and the sign are not proportional thereby creating an
incompatibility. Ms. Broeren suggested a new sign be considered and asked staff to modify the
findings as follows:
Finding No. 1:
The proposed signage is not compatible with the character of the area, is not needed for
special circumstances, and would not be compatible with the height of the proposed building.
The existing palm trees would result in greater view obstructions to the proposed sign height
than a sign allowed by code.
Finding No. 2:
The proposed signage will not be compatible with the surrounding area and other freestanding
signs in the vicinity, including auto dealership identification signs within this segment of
Beach Boulevard.
SIGN CODE EXCEPTION NO.00-02 WAS DENIED BY THE ZONING ADMINISTRATOR
WITH THE FOLLOWING MODIFIED FINDINGS. SHE STATED THAT THE ACTION
TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING
COMMISSION WITHIN TEN (10) CALENDAR DAYS.
FINDINGS FOR DENIAL - SIGN CODE EXCEPTION NO.00-02:
1. Sign Code Exception No. 00-02 to permit a 38 foot high, 50 square foot freestanding sign
identifying McKenna Volkswagon in lieu of a maximum height of 20 feet is not compatible with
the character of the area and is not needed for special circumstances defined by the applicant. The
proposed sign height would not be compatible with the height of the proposed building. In
addition, the existing palm trees located within the front landscape planter would result in greater
view obstructions to the proposed sign height than a sign allowed by code. The site provides
ample opportunities for signage within the limits of the sign code.
2. The proposed signage will not be compatible with the surrounding area. The height of the 38 foot
freestanding sign is not compatible with other freestanding signs in the vicinity, including auto
dealership identification signs within this segment of Beach Boulevard. Furthermore, the
proposed sign is not in keeping with the trend of lower automobile dealerships identification signs
over the past few years.
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ITEM 2: VARIANCE NO. 00-08 (MUSTAIN PATIO ENCLOSURE
APPLICANT: Ralph James, West Coast Custom Rooms, 786 Pinefalls Avenue,
Walnut, CA 91789
PROPERTY OWNER: Allen and Kimberly Mustain, 10152 Signet Circle, Huntington Beach,
CA 92646
REQUEST: To allow an attached enclosed patio to encroach 4 feet into the required
10 foot rear yard setback.
LOCATION: 10152 Signet Circle (at the terminus of Signet Circle northeast of
Atlanta Avenue and Brookhurst Street)
PROJECT PLANNER: Ron Santos
Ron Santos, Staff Planner, displayed site plans and photographs stating the purpose and location of
the request. Staff stated that no comments were received from within the City departments. One call
was received from an adjacent neighbor expressing concern that the proposal will impact her
property. Accordingly, staff faxed site plans to the neighbor. No other written or verbal comments
were received in response to the public notification.
Staff recommended approval of the request based on the findings as outlined in the staff report and
because two similar variances have been approved in the area for other similarly shaped lots with
seven -foot setbacks.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the structure would be a
sunroom.
THE PUBLIC HEARING WAS OPENED.
Ralph James, 786 Pinefalls Avenue, Walnut, applicant, stated that he read and concurs with the
conditions of approval.
Jean Cherep, 20791 Spindrift Lane, adjacent neighbor who spoke with staff, stated that she is highly
uncomfortable with the request. Ms. Cherep expressed concern that the proposed project would
interfere with the peace and enjoyment of her property because of the small yards.
Kimberly Mustain, 10152 Signet Circle, property owner, presented reasons for the request stating that
the current family room does not provide enough space to accommodate three children and to
entertain.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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Ms. Broeren outlined the City's noise ordinance and addressed Ms. Cherep's noise concerns. Ms.
Broeren stated that she was going to approve the request and asked staff to modify Condition No. 1 as
follows:
All walls of the proposed structure shall be constructed of double -pane glass.
VARIANCE NO.00-08 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH
THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE
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 15305 of the CEQA Guidelines, based on the following: The project consists of a
small addition to an existing single-family dwelling, involving only a minor alteration in land use
limitations; a variance to required setbacks not resulting in the creation of new parcels. The CEQA
Guidelines identify such projects as typically not having the potential for significant environmental
impact, and accordingly as exempt.
FINDINGS FOR APPROVAL - VARIANCE NO. 00-08:
1. The granting of Variance No. 00-08 to allow an attached enclosed patio to encroach four feet into
the required ten foot rear yard setback, will not constitute a grant of special privilege inconsistent
with limitations upon other properties in the vicinity and under an identical zone classification.
Similar variance requests involving two other similarly zoned and similarly constrained
properties, located in the vicinity of the project site, were granted in the past.
2. Because of special circumstances applicable to the subject property related to lot configuration,
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 project site
is an irregularly shaped lot with an average depth approximately 10 to 15 feet less than that
prevailing in the surrounding neighborhood. The reduced depth, in combination with the location
of the existing dwelling and swimming pool, limits opportunities for construction of an addition
to the rear of the existing dwelling.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The requested variance will accommodate a room addition with functional
dimensions, while preserving usable open space in the rear yard.
4. The granting of the variance will not be materially detrimental to the public welfare or injurious
to property in the same zone classification, since the proposed addition is single -story and
buffered from adjoining properties by a six-foot high fence, consequently presenting minimal
potential to adversely impact adjoining properties.
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5. The granting of the variance will not adversely affect the General Plan. The proposed minor
addition to an existing single-family dwelling is consistent with the Land Use Element
designation of Residential Low Density applied to the subject property. The proposed project
provides for the diverse economic, physical, and social needs of existing residents, in accordance
with stated goals of the General Plan (LU 9).
CONDITIONS OF APPROVAL — VARIANCE NO.00-08:
1. The site plan, floor plans, and elevations received and dated May 10, 2000 shall be the
conceptually approved layout.
a. All walls of the proposed structure shall be constructed of double -pane glass.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on all the working
drawing sets used for issuance of building permits (architectural, structural, electrical,
mechanical and plumbing).
b. Building Code Analysis shall be shown on the plans (Title Sheet) to show compliance with
the Uniform Building Code 1997.
3. Prior to final building permit inspection and approval 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.
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 REQUIREMENTS:
Variance No. 00-08 shall not become effective until the ten calendar day appeal period has
elapsed.
2. Variance No. 00-08 shall become null and void unless exercised within one year of the date of
final approval (June 12, 2001) or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Planning Department a minimum of 30 days prior
to the expiration date.
3. The Zoning Administrator reserves the right to revoke Variance No. 00-08, 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.
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4. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to
the issuance of Building Permits.
5. The project 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.
6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of
Exemption at the County of Orange Clerk's Office. The check shall be made out to the County
of Orange and submitted to the Planning Department within two (2) days of the Zoning
Administrator's action.
THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, JUNE 7, 2000 AT 1:30 PM.
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Mary eth ftroeren
Zoning Administrator
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