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HomeMy WebLinkAbout1974-03-061 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Administrative Annex 523 Main Street Huntington Beach, Calif. WEDNESDAY, MARCH 6, 1974 - 1:15 P.M. BOARD MEMBERS PRESENT: Eadie, Spencer, Ford BOARD MEMBERS ABSENT: None AGENDA ITEMS CONTINUED OR WITHDRAWN: ADMINISTRATIVE REVIEW NO. 73-226 (Cont. from 2/20/74) Applicant: Arthur M. Gutt To permit the construction of a two story office building in con- junction with Tract 6334 pursuant to S.9401 of the Huntington Beach Ordinance Code located on the southeast corner of Edinger and Waikiki Lane in an R-5, office professional district. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-2 February 13, 1974, and further stated that the applicant requested a continuance to allow him time to meet with staff informally to revise his plans. The Board con- curred with applicant. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 73-226 WAS CONTINUED TO MARCH 13, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 74-6 (Cont. from 2/20/74) Applicant: Rodney B. Lauter To permit an encroachment of one foot into the required side yard setback and to permit 24 parking spaces in lieu of the required 24-1/2 for a proposed apartment addition in lieu of S.9163.2.1 and S.9166 of the Huntington Beach Ordinance Code located on the east side of Delaware, approximately 190 ft. north of Yorktown in an R-2, medium density residential district. IN CONJUNCTION WITH: DIVISION OF LAND NO. 74-3 (Cont. from 2/20/74) Applicant: Rodney B. Lauter To permit the consolidation of two parcels of land into one legal lot pursuant to S.9811.3 of the Huntington Beach Ordinance Code Minutes: H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 2 located on the east side of Delaware, approximately 190 ft. north of Yorktown, in an R-2 medium density residential district. IN CONJUNCTION WITH: USE PERMIT NO. 74-3 (Cont. from 2/20/74) Applicant: Rodney B. Lauter To permit the addition of an additional seven dwelling units to an existing four unit apartment complex pursuant to S.9162.3.1 of the Huntington Beach Ordinance Code located on the east side of Delaware, approximately 190 ft. north of Yorktown in an R-2, med- ium density residential district. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-14, pertaining to Conditional Exception No. 74-6, Division of Land No. 74-3 and Use Permit 74-3, February 19, 1974, with the following additional information: The Environmental Review Board recommends that the cumulative adverse effects of successive developments of this nature be mitigated by the following: 1. The insulation of all exterior walls and ceilings to reduce the burden on heating and cooling systems. 2. The disposal of building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material at an offsite facility equipped to handle them. 3. The stubbing in of natural gas at the locations of clothes dryers, cooking facilities, water heaters, and central heat- ing units to alleviate the possible drain on any one energy source. The Chairman further informed the Board that the applicant has re- quested a continuance of one week to allow time for the readvertise- ment of Conditional Exception No. 74-6. Board concurred with continuance. ON MOTION BY EADIE AND SECOND BY FORD CONDITIONAL EXCEPTION NO. 74-6 WAS CONTINUED TO MARCH 13, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None ON MOTION BY EADIE AND SECOND BY FORD DIVISION OF LAND NO. 74-3 WAS CONTINUED TO MARCH 13, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 3 ON MOTION BY EADIE AND SECOND BY FORD USE PERMIT NO. 74-3 WAS CON- TINUED TO MARCH 13, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None USE PERMIT NO. 72-84 (Cont. from 2/27/74) Applicant: Eugh Shibasaki To permit the construction of a lawnmower shop, pursuant to S.9472 of the Huntington Beach Ordinance Code located on the southwest corner of Warner Avenue and B Street in the C-4, highway commercial district. The Chairman informed the Board that this application is a categor- ical exemption, class 3, California Environmental Quality Act, 1970. The Chairman further informed the Board that the applicant requested withdrawal of this application and that the use of this property will be pursued under a new Use Permit and Conditional Exception by a different applicant. ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 72-84 WAS WITHDRAWN BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None USE PERMIT NO. 74-7 Applicant: C. Thomas Mallos To permit the construction of 22 apartment units pursuant to S.9162.3 of the Huntington Beach Ordinance Code located on the east side of Delaware, approximately 330 ft. north of Garfield in an R-2, medium density residential district. The Chairman informed the Board that the applicant submitted a let- ter to the Board requesting withdrawal of his application. Board concurred with withdrawal. ON MOTION BY EADIE AND SECOND BY FORD USE PERMIT NO. 74-7 WAS WITH- DRAWN BY THE FOLLOWING VOTE: AYES: Eadie, Ford, Spencer NOES: None ABSENT: None Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 4 ADMINISTRATIVE REVIEW NO. 74-23 Applicant: I.C.R. Corporation To permit a wholesale lumber distribution yard, mill remanufactur- ing facility and corporate offices pursuant to S.9511 of the Huntington Beach Ordinance Code located on the west side of Redondo Circle, approximately 640 ft. south of Talbert in an M1-A indus- trial district. The Chairman informed the Board that the Environmental Review Board has not finalized Exemption Declaration No. 74-23 and therefore, recommended a continuance to allow applicant time to meet environ- mental concerns. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 74-23 WAS CONTINUED TO MARCH 26, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 74-26 Applicant: Herta Backlund (d.b.a. Villa Sweden) To permit repair paving, landscaping, and construction of a wall for a parking lot pursuant to S.9451 of the Huntington Beach Ordin- ance Code located on the southeast corner of Main and 5th Streets in a C-3, general business district. The Chairman informed the Board that the Environmental Review Board has not finalized Exemption Declaration No. 74-31 and therefore, recommended a continuance to allow applicant time to meet environ- mental concerns. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 74-26 WAS CONTINUED TO MARCH 20, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 74-5 (Cont. from 2/26/74) Applicant: Diane Larsen To permit the construction of a carport in lieu of a garage for an existing single family residence in lieu of 5.9106 of the Huntington Minutes, H.B. Board of Zoning Adjustments, Wednesday, March 6, 1974 Page 5 Beach Ordinance Code located on the north side of Rhone, approxi- mately 900 ft. east of Danube in an R-1, low density residential district. Mrs. Larsen, the applicant, was present. The Chairman informed the Board that this application is a categ- orical exemption, class 1, California Environmental Quality Act, 1970. The Chairman informed the Board that this application had been con- tinued previously at the request of the applicant. The Chairman opened the public hearing. Board discussed plans with applicant. The use of storage area in the carport was discussed. The Chairman pointed out that a garage door would prevent a certain amount of vandalism and that it would be aesthetically pleasing. Elevations were discussed, and it was agreed by the Board that the elevations complemented the architectural mode of the present struc- ture. As there were no parties present to speak in favor or opposition to Use Permit No. 74-5, the Chairman closed the public hearing. ON MOTION BY SPENCER AND SECOND BY FORD USE PERMIT NO. 74-5 WAS AP- PROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: The establishment, maintenance and operation of the use will not be detrimental to: 1. The general welfare of persons residing or working in the vicinity. 2. Injurious to property and improvements to the vicinity of such use or building. 3. That the granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. S.9106 of the Huntington Beach Ordinance Code shall be complied with. 2. A garage door shall be installed on the carport, conforming to the established architectural motif. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 6 AYES: Eadie, Spencer, Ford NOES: None ABSENT: None USE PERMIT NO. 74-4 (Cont. from 2/26/74) Applicant: Econo-Lube, Inc. To permit the construction of an automotive lubrication center pur- suant to S.9472 of the Huntington Beach Ordinance Code located on the southwest corner of A Street and Warner Avenue in a C-4, high- way commercial district. Mr. Oberdevest, the applicant, was present. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-17 February 26, 1974, with the following additional information: No environmental impact report has been prepared for this project, and the Negative Declaration issued for the project has been properly posted in the office of the City Clerk. Findings are based upon the material contained in the exemption declaration request, as well as upon further data submitted by the applicant. The Chairman opened the public hearing. Board discussed revised plans with applicant. The maintenance of a portion of land owned by the City abutting Warner Avenue was dis- cussed. The applicant has expressed his desire to portion of land upon initial landscaping by the City. It was deter- mined that revised plans meet ordinance code requirements. Signs were discussed. The applicant has indicated the use of a monument sign, not being certain of copy, at this time. Onsite circulation has been modified;. the installation of parking bumpers and curbs to protect landscaping was discussed. As there were no parties present to speak in favor or opposition to Use Permit 74-4, the Chairman closed the public hearing. Conditions of approval were discussed. ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 74-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS AS OUTLINED BY THE FOLLOWING VOTE: FINDINGS: The establishment, maintenence and operation of the use will not be detrimental to: 1 Minutes, H.B. Board of Zoning,Adjustments Wednesday, March 6, 1974 Page 7 1. The general welfare of persons residing or working in the vicinity. 2. Injurious to property and improvements to the vicinity of such use or building. 3. That the granting of a Use Permit will not adversely affect the Master Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised Plot Plan received 3/4/74 shall be the approved layout as amended. 2. A revised Plot Plan shall be submitted to the Board of Zon- ing Adjustments for Approval Action incorporating the enumer- ated amendments shown on the approved plot plan. 3. Warner Avenue, A Street, and Alley shall be dedicated to City and State standards at the time each parcel is developed. 4. Elevations of the proposed plan received 2/4/74 shall be the approved elevations. 5. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 6. All buildings on lots abutting a City easement shall be set back five (5) feet from the edge of such easement. 7. Soil and compaction reports as required by the Building Depart- ment and the Department of Public Works shall be submitted to the City. 8. Rooftop mechanical equipment shall be screened from view. Said screening plan shall be approved by the Board of Zoning Adjustments. B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION: 1. A landscaping plan shall be submitted to the Board of Zoning Adjustments for review and approval action. 2. All signs for the Proposed Development shall be submitted to the BZA for approval. Signs shall reflect a common theme with respect to design materials and colors which are compati- ble with the architectural theme of the proposed project. The sign theme as submitted 3/6/74 depicting a monument type of identification sign, and a proposal on wall signs is ap- proved in concept. Specific copy, dimensions, and construc- tion requirements shall be subject to compliance with Article 976. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 8 3. Fire alarm system conduit and appurtenances shall be in- stalled by the developer at locations and to specifications provided by the Fire Department. 4. Parking compounds shall be screened with a combination of fencing and landscaping. Said plan shall be submitted to the Planning Department for review and approval. Fencing and landscape plans shall include the following information: a. A list including quantities and sizes for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head types, etc. c. Fencing materials and detail drawing. C. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Warner Avenue, A Street, and Alley shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 2. All utilities shall be installed underground. 3. Off-street parking facilities shall conform to Article 979. 4. There shall be no fence, structure or landscaping constructed or maintained over 3 1/2 feet high within a 10 ft. by 10 ft. triangular area at the intersection of driveways and streets or within a 25 ft. by 25 ft. triangular area at the intersec- tion of streets. D. TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 1. Water supply shall be through the City of Huntington Beach's water supply system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system. 3. Easements for utilities or walkways shall be provided to De- partment of Public Works standards. 4. The property shall participate in the local drainage assess- ment district. F1 5. No structures, other than those shown on the approved plot plan, shall be constructed within the project. 6. All applicable City Ordinances shall be complied with. GENERAL: The developer has indicated his desire to work with the City to maintain landscaping within the City -owned land abutting Warner Avenue. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 9 Warner Avenue is reserved for future improvement of the right-of- way and if the City so desires to plant landscaping as an interim use of that land, the applicant will maintain that portion of land. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None OIL WELL ACTIVATION PERMIT NO. 74-1 (Cont. from 2/27/74) Applicant: Robert W. Shull To permit improvement and activation of well site pursuant to S.9684 of the Huntington Beach Ordinance Code located on California, approximately 70 ft. south of Toronto in an R-2-0, medium density residential and oil district. Mrs. Shull, the applicant, was present. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-1 March 5, 1974, with the following additional information: No environmental impact report has been prepared for this pro- ject, and the Negative Declaration issued for the project has been properly posted in the office of the City Clerk. The Board recommends that the following measure (as indicated by Mr. Shull at the March 5 meeting) be implemented: The construction of a tie between the pumping unit at the site of Tanguay Well #4 and the tanks on this site, so that oil from both locations is stored at the DeLong site. The Chairman presented a transmittal from the Oilfield Superinten- dent to the Board wherein he stated that this application complies with all sections of the Huntington Beach Oil Code. The Chairman further stated that the aesthetic treatment is to be of no concern, due to its location in an open field among other wells. Conditions of approval were discussed. ON MOTION BY EADIE AND SECOND BY SPENCER OIL WELL ACTIVATION PERMIT NO. 74-1 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL (DELONG #1): 1. The applicant shall comply with all conditions imposed by the Oilfield Superintendent prior to the issuance of permits. 2. The following conditions shall be implemented pursuant to the Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 10 Environmental Review Board's recommendation: The construction of a tie between the pumping unit at the site of Tanguay Well #4 and the tanks on this site, so that oil from both locations is stored at the DeLong site shall be pro- vided. 3. All portions of the Huntington Beach Ordinance Code shall be complied with. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 74-1 (Cont. from 2/27/74) Applicant: Foley Construction To permit the construction of an industrial building pursuant to S.9511 of the Huntington Beach Ordinance Code located on the west side of Producer Lane, approximately 235 ft. north of Research Drive in a 100-M1A-20,000 restricted industrial district. The applicant was not present. The Chairman informed the Board that Exemption Declaration No. 74-3 has not met the concerns of the Environmental Review Board at this time and further stated that the applicant must submit revised plans to the Board of Zoning Adjustments for his proposal. He fur- ther recommended a continuance to allow applicant time to meet environmental concerns and revise his plans. ON MOTION BY EADIE AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 74-1 WAS CONTINUED TO MARCH 27, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 74-19 Applicant: Mark G. Hammarquist To permit the construction of a medical professional building pur- suant to S.9401 of the Huntington Beach Ordinance Code located on the northwest corner of Delaware and Main in an R-5, office pro- fessional district. Mr. Wallace of the Huntington Beach Company and Mr. Fred Hoffman, Architect, representing the applicant, were present. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 11 The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-26 March 5, 1974, with the following additional information: The Board recommends that the project would be enhanced by the following: 1. To mitigate any adverse effect from the possible removal of the eucalyptus trees onsite, the Board recommends the replace- ment of any trees found necessary to be removed a1 a ratio of two for one, such replacement to be a minimum size of 30" boxed trees. 2. That the driveways should be a minimum width of 24 ft., afford- ing both ingress and egress at both locations. 3. The plot plan shall be revised to reflect inner circulation onsite to facilitate access to both drives. Board discussed plans with applicant's representatives. The plan does not reflect a proper inner circulation onsite for ingress and egress to the proposed project. The Chairman recommended a continu- ance and suggested an informal meeting between Staff and applicant's representatives to resolve circulation problems. The applicant's representatives concurred with the Chairman's recommendation. ON MOTION BY EADIE AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 74-19 WAS CONTINUED TO MARCH 13, 1974, BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None OIL WELL ACTIVATION 579 PERMIT NO. 74-2 Applicant: Robert D. Vigue To permit the activation of "Hamilton #4" Oil Well pursuant to S.9684 of the Huntington Beach Ordinance Code located on the east side of 22nd Street between Orange & Olive, 200 ft. south of Orange in an R3-0, high density residential district combined with oil production. Mr. Robert Vigue, the applicant, was present. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-24 March 5, 1974, with the fol- lowing additional information: No environmental impact report has been prepared for this project, and the Negative Declaration issued for the project has been properly posted in the office of the City Clerk. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 12 The Board recommends that the developer be required to comply with Sections 2344, 2345, and 2346 of the Huntington Beach Oil Code to enhance the proposed project. Mr. Herb Day, the Oilfield Superintendent, was also present and out- lined the oil code to the applicant. Several violations were dis- cussed. The Chairman stated that due to the concern of the residential area and continuing development pressures, the Board felt that screening of the production site would be warranted. The Board discussed the possibility of implementing a combination of landscaping and a lower wall to accomplish the intent to screen and obtain an aesthetic appearance. The Chairman stated that full compliance with the Huntington Beach Ordinance Code should be sought in terms of wall and landscaping. Conditions of approval were discussed. ON MOTION BY EADIE AND SECOND BY FORD OIL WELL ACTIVATION 579 PER- MIT NO. 74-2 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS OUTLINED BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL (HAMILTON #4): 1. The applicant shall comply with all conditions imposed by the Oilfield Superintendent prior to the issuance of permits. 2. The following conditions shall be implemented pursuant to the Environmental Review Board recommendation: The Board recommends that the developer be required to comply with Sections 2344, 2345 & 2346 of the Huntington Beach Oil Code to enhance the proposed project. 3. All portions of the Huntington Beach Ordinance Code shall be complied with. 4. 22nd Street and Alley shall be dedicated to City of Huntington Beach. 5. Landscaping to screen the production site and a 42 inch decora- tive masonry perimeter wall shall be constructed within six (6) months from this date if the well is successfully productive. Said plan shall be submitted to the Planning Department for re- view and approval. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 13 OIL WELL ACTIVATION 942 PERMIT NO. 74-3 Applicant: Robert W. Shull To permit the activation of the oil well Tanguay #4 pursuant to S.9684 of the Huntington Beach Ordinance Code located on the north- west corner of Delaware and Utica in an M2-0, industrial and oil district. Mrs. Shull, the applicant, was present. The Chairman informed the Board that the Environmental Review Board granted Exemption Declaration No. 74-18 March 5, 1974, with the following additional information: No environmental impact report has been prepared for this pro- ject, and the Negative Declaration issued for the project has been properly posted in the office of the City Clerk. The Environmental Review Board recommends that the following measures (as indicated by Mr. Shull at the March 5 meeting) be implemented: 1. The abandonment and scrapping of the tanks presently on this location. 2. The construction of a tie between the pumping unit at this site and the tanks on the site of the DeLong #1 well, so that oil from both locations is stored at the DeLong site. The Chairman presented a transmittal from the Oilfield Superinten- dent to the Board wherein he stated that this application complies with all sections of the Huntington Beach Oil Code. The Chairman further stated that the aesthetic treatment is to be of no concern, due to the well being located in an open field among other wells. Conditions of approval were discussed. ON MOTION BY EADIE AND SECOND BY FORD OIL WELL ACTIVATION 942 PERMIT NO. 74-3 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL (TANGUAY #4): 1. The applicant shall comply with all conditions imposed by the Oilfield Superintendent prior to the issuance of permits. 2. The following conditions shall be implemented pursuant to the Environmental Review Board recommendation: a. The abandonment and scrapping of the tanks presently on this location shall be complied with. b. The construction of a tie between the pumping unit at this site and the tanks on the site of the DeLong 41 well, so that Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 14 oil from both locations is stored at the DeLong site shall be provided. 3. All portions of the Huntington Beach Ordinance Code shall be complied with. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 74-13 Applicant: Dolores L. Franck To permit the encroachment of a balcony into the rear yard setback in lieu of 5.9103.3 of the Huntington Beach Ordinance Code located on the west side of Edgewater Lane, approximately 135 ft. north of Diablo Circle in an R-1, low density residential district. Mrs. Dolores Franck, the applicant, was present. The Chairman informed the Board that this application is a categor- ical exemption, class 5, California Environmental Quality Act, 1970. The Chairman opened the public hearing. The applicant addressed the Board and stated that she was unaware that the proposed balcony was in violation of the ordinance code. She stated that other homes in her street have existing balconies similar to her proposal, and questioned why the ordinance code did not apply to those homes. She further explained that it was her supposition that approximately 50 percent of the homes in Huntington Harbor area had balconies of this type. The Chairman stated that he felt there was a technicality in the ordinance code and further explained an opinion he had requested from the City Attorney's office as to definition of open space, stating that the channel underneath the balcony is not considered open space. Mr. James Montgomery addressed the Board and stated that the attor- ney's opinion should be clarified and that he felt the balcony should be granted by the Board. The Board informed the applicant and Mr. Montgomery that the Plan- ning Commission denied a previous code amendment to apply channel as open space. Vice Chairman Ford and Mr. Spencer felt that a hard- ship existed at this site. The Chairman stated that although he agrees that the channel is log- ically open space, even though the technicality in the code states it is not, he is against the proposed project. 1 Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 15 As there were no further parties present to speak in favor or op- position to the proposed project,the Chairman closed the public hearing. ON MOTION BY FORD AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 74-13 WAS APPROVED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: REASONS FOR APPROVAL: 1. The granting of a Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 2. The granting of a Conditional Exception is necessary to pre- serve the enjoyment of one or more substantial property rights. 3. The granting of a Conditional Exception will not adversely af- fect the Master Plan of the City of Huntington Beach. (1190) 4. The establishment, maintenance, and operation of the use will not be detrimental to: The general welfare of persons residing or working in the vicinity Injurious to property and improvements to the vicinity of such use or building. AYES: Spencer, Ford NOES: Eadie ABSENT: None The "NO" vote was predicated upon the fact that Reason No. 1 given by the maker of the motion is not consistent with the existing building locations in the immediate vicinity. DIVISION OF LAND NO. 74-5 Applicant: Valley Consultants, Inc. To permit the realignment of property lines of two existing lots pursuant to S.9811.3 of the Huntington Beach Ordinance Code located on the southeast corner of Sims & Milo in an R-3, high density re- sidential district. Mr. Don Baker and Mr. James Montgomery, representing the applicant, were present. The Chairman informed the Board that this application is a categori- cal exemption, class 5, California Environmental Quality Act, 1970. Mr. Baker informed the Board the reason for his request was due to being unable to acquire a building permit due to a shortage of 10 feet to comply with a 25 ft. turning radius required on the proposed project. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 16 Board discussion followed. Conditions of approval were discussed. ON MOTION BY EADIE AND SECOND BY SPENCER DIVISION OF LAND NO. 74-5 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS OUTLINED AND AMENDED BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The tentative parcel map received 2/19/74 shall be the ap- proved layout. 2. Sims & Milo shall be dedicated to City standards at the time each parcel is developed. 3. Division of Land shall not be effective until a covenant and agreement is signed agreeing to the conditions of approval. B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION: 1. A Parcel Map and the Covenant and Agreement shall be filed with the City and recorded prior to framing inspection of any structure on any parcel. C. TO BE COMPLETED PRIOR TO OCCUPANCY OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY: 1. A copy of the recorded parcel map shall be submitted to the Planning Department. 2. Water supply shall be through the City of Huntington Beach's water supply system at the time each parcel is developed. 3. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time each parcel is developed. 4. The property shall participate in the local drainage assess- ment district at the time each parcel is developed. 5. All utilities shall be installed underground at the time each parcel is developed. 6. All applicable City Ordinances shall be complied with. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 74-27 Applicant: John D. King To permit the construction of a four unit apartment building pursuant to S.9231.6 of thf�- Huntington Beach Ordinance Code located on the Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 17 east side of 20th Street, approximately 50 ft. south of Walnut in an R-4, high density residential district. Miss Patty Brillhardt, representing the applicant, was present. The Chairman informed the Board that this application is a categ- orical exemption, class 3, California Environmental Quality Act 1970. Board discussed plans with applicant's representative and found plans to be within ordinance code requirements. Conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY FORD ADMINISTRATIVE REVIEW NO. 74-27 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS OUTLINED AND AMENDED BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received February 26, 1974, shall'be the approved layout. 2. A revised�Plot Plan shall be submitted to the Board of Zoning Adjustments for Approval Action. 3. 20th Street and alley shall be dedicated to City standards at the time each parcel is developed. 4. Elevations of the proposed plan received February 26, 1974, shall be the approved elevations. 5. The water, sewer, and fire hydrant system shall be approved by the Department of Public Works and Fire Department. 6. All buildings on lots abutting a City easement shall be set back five (5) feet from the edge of such easement. 7. Soil and compaction reports as required by the Building Depart- ment and the Department of Public Works shall be submitted to the City. B. TO BE COMPLETED PRIOR TO FRAMING INSPECTION: 1. Fire alarm system conduit and appurtenances shall be installed by the developer at locations and to specifications provided by the Fire Department. 2. Parking compounds shall be screened with a combination of fenc- ing and landscaping. Said plan shall be submitted to the Planning Department for review and approval. Fencing and land- scape plans shall include the following information: Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 18 a. A list including quantities and sizes for each species of plants and all ground cover material. b. Irrigation layout to include meter location, pipe sizes, sprinkler head types, etc. c. Fencing materials and detail drawing. C. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. 20th Street and alley shall be fully improved including street trees, street signs, street lights, fire hydrants, sewer and water main extensions. 2. All utilities shall be installed underground. 3. Off-street parking facilities shall conform to Article 979. D. TO BE COMPLETED PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY: 1. Water supply shall be through the City of Huntington Beach's water supply system. 2. Sewage disposal shall be through the City of Huntington Beach's sewage system. 3. Easements for utilities or walkways shall be provided to De- partment of Public Works standards. 4. The property shall participate in the local drainage assess- ment district. 5. No structures, other than those shown on the approved plot plan, shall be constructed within the project. 6. All applicable City Ordinances shall be complied with. GENERAL: 1. The project shall be constructed with full insulation of all exterior walls and ceilings to reduce the burden on heating and cooling systems (4" thick mineral batts or 2-3/4" thick fiberglass batts with foil backing). 2. Building spoils, such as scraps of lumber, wire, pipe and other surplus or unusable material shall be dumped at an offsite solid waste disposal site especially allocated for such use. 3. Both natural gas and electricity shall be stubbed in for clothes dryers, cooking facilities, water heaters, and refrigeration units to alleviate the possible drain on any one energy source, with the concurrence of the applicant. AYES: Eadie, Spencer, Ford NOES: None ABSENT: None 1 Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 19 MISCELLANEOUS: ADMINISTRATIVE REVIEW NO. 73-148 REVISED PLOT PLAN Applicant: Stephen Downs CONDITION A-2 Board discussed revised plot plan and found same to be within ord- inance code requirements. ON MOTION BY EADIE AND SECOND BY SPENCER REVISED PLOT PLAN WAS AP- PROVED BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None SIGNS: Applicant: Heath & Company 3225 Lacy Street Los Angeles, Calif. Location: Beneficial Finance 21172 Beach Blvd. Huntington Beach, Calif. 60 SQ. FT. WALL SIGN Board discussed sign and found same to be within ordinance code requirements. ON MOTION BY SPENCER AND SECOND BY EADIE WALL SIGN WAS APPROVED BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None Applicant: G.R. Signs #1 - (1) 124 SQ. FT. WALL SIGN 7323 Canoga Ave. #2 - (1) 144 SQ. FT. POLE SIGN Canoga Park, Calif. Location: Ortho Mattress Co. 7362 Edinger Huntington Beach, Calif. Minutes, H.B. Board of Zoning Adjustments Wednesday, March 6, 1974 Page 20 Board discussed signs and found same to be within ordinance code requirements. ON MOTION BY EADIE AND SECOND BY FORD WALL SIGN AND POLE SIGN WERE APPROVED BY THE FOLLOWING VOTE: AYES: Eadie, Spencer, Ford NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, MEETING ADJOURNED. 1 21- le- I � a,, � �/� /'� I 5—av,A t6die,',(Cha—riman & Secretary Board of Zoning Adjustments