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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. ZA Minutes 05/31/00 2 (OOZM0531) C� 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. ZA Minutes 05/31/00 3 (OOZM0531) 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. ZA Minutes 05/31/00 4 (OOZM0531) 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. ZA Minutes 05/31/00 5 (OOZM0531) 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. t Mary eth ftroeren Zoning Administrator :rmk ZA Minutes 05/31/00 6 (OOZM0531) C