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HomeMy WebLinkAbout1975-04-02MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS CIVIC CENTER 2000 Main Street Basement, Room B-8 Huntington Beach, California WEDNESDAY, APRIL 2, 1975, 1:15 P.M. BOARD MEMBERS: John Cope (Acting Chairman) Bruce Crosby Walter Lipps CITY STAFF Don Moore, PRESENT: Fire Department MINUTES FOR APPROVAL: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 75-8 Applicant: Alva Wilson Company To permit a reduction in the required 25 feet minimum building separation to 10 feet for lots 41 and 42, in lieu of S.9310.19, and to permit a reduction in the required 20 feet average setback for structures from the public right- of-way to 10 feet for the tennis courts, in lieu of S.9310.14 of the Huntington Beach Ordinance Code. The subject property (Tract 7771) is located at the northwest corner of Newland Street and Ellis Avenue, in an R1-PD, Low Density Planned Development District. IN CONJUNCTION WITH: PLOT PLAN AMENDMENT NO. 75-1 (Continued from March 12, 1975) Applicant: Alva Wilson Company To permit relocation of the tennis court, construction of an additional swimming pool and recreation building, modification of the layout on specific units, revision of the driveway setbacks, and revision of parking, pursuant to S.9811.4 of the Huntington Beach Ordinance Code. The subject property is located at the northwest corner of Ellis Avenue and Newland Street, in an R1-PD, Low Density Residential, Planned Development District. Acting Chairman Cope informed the Board that Conditional Exception No. 75-8 is a Categorical Exemption, Class V, California Environmental Quality Act, 1910; further, that Plot Plan Amendment No.,75-1 is covered by Environmental Impact Report No. 72-4, granted by the Environmental Review Board on February 21, 1973. BZA 4-2-75 Page 1 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 2 Conditional Exception No. 75-8 and Plot Plan Amendment No. 75-1 Mr. Tom Shelton represented the applicant. The Acting Chairman opened the Public Hearing on both applications; there being no parties present to speak for or against the proposals, the Public Hearing was closed. Acting Chairman Cope stated that at a staff meeting regarding this application, a request had been presented to Mr. Shelton for submittal of a soils report indicating peat conditions and settlement in the proposed development area to accompany and substantiate the Conditional Exception application. Mr. Shelton stated that he was not aware of this request, however, would comply immediately. Mr. Cope recommended a two week continuance of the applications to allow for submittal of the above -noted data and review of same by City Staff for comments and recommendations. ON MOTION BY COPE AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 75-8 AND PLOT PLAN AMENDMENT NO. 75-1 WERE CONTINUED TO APRIL 16, 1975 BY THE FOLLOWING VOTE: AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE 1 ADMINISTRATIVE REVIEW NO. 75-26 (Continued from 3-19-75) Applicant: Joe Smith's ARCO Service To permit the storage of rental and utility trailers, pursuant to Section 9481.4(b) of the Huntington Beach Ordinance Code, located at the northeast corner of Pacific Coast Highway and Huntington Avenue, in a C4, Highway Commercial District. Acting Chairman Cope informed the Board that this application is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Mr. Fred Fountain represented the applicant. Board members reviewed the revised plan. Mr. Fountain was questioned re- garding the area to be used for storage and the type of screening to be utilized; Mr. Fountain responded that he preferred to use portable screening, however, Acting Chairman Cope stated that the intent of the Ordinance Code was for screening of a more permanent nature. In further reviewing the revised plan, Board members concurred that the plan still lacked sufficient detail to enable the Board to render a decision as to the proposal; further, the Board requested that the applicant submit an elevation of the proposal relating to the adjoining Sheraton property, and facing the westernly direction. Acting Chairman Cope recommended a two week continuance of the application to allow for submittal of the above noted plans. BZA 4-2-75 Page 2 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 3 Administrative Review No. 75-26 ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 75-26 .WAS CONTINUED TO APRIL 16, 1975 BY THE FOLLOWING VOTE: AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE USE PERMIT NO. 75-6 (Continued from 3-26-75) Applicant: Breuer -Harrison, Inc. To permit the construction and development of a 15,000 square foot commercial building, pursuant to Section 9472 of the Huntington Beach Ordinance Code, located on the east side of Beach Boulevard, approximately 80 feet north of Holland Drive, in a C4, Highway Commercial District. Acting Chairman Cope informed the Board that this application was granted Negative Declaration No. 75-8 by the Environmental Review Board on March 11, 1975. Mr. Dave Kirchner and Mr. Lester Kephart represented the applicant. Acting Chairman Cope opened the Public Hearing; there being no parties present to speak for or against the proposal, the Public Hearing was closed. Mr. Cope informed Mr. Kirchner that the plan had been reviewed and had been found to be deficient in the areas of parking and landscaping; specifically, eight additional parking spaces would be required, as well as 680 square feet of additional landscaping. The Board reviewed the plan with the applicant's representatives and discussed possible methods of alleviating the deficiencies on the plan; Board members concurred in the opinion that the size of the building would require modification in order to comply with the above noted code requirements. Mr. Kirchner stated that he felt the plan could be modified to meet Board approval, and requested a one week continuance to allow for submittal of revised plans; the Board concurred with this request. ON MOTION BY CROSBY AND SECOND BY LIPPS, USE PERMIT NO. 75-6 WAS CONTINUED TO APRIL 9, 1975 BY THE FOLLOWING VOTE: AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-2-75 Page 3 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 4 CONDITIONAL EXCEPTION NO. 75-9 Applicant: Peter R. Hubinger To permit a reduction of the required 20 feet minimum dimension for open space, in lieu of S.9103.1.1.2 of the Huntington Beach Ordinance Code, located at the northwest corner of Waterfront Drive and Bowspirit Lane, in an Rl, Low Density Residential District. Acting Chairman Cope informed the Board that this application is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The applicant, Mr. Peter R. Hubinger, was present. The Acting Chairman opened the Public Hearing; there being no parties present to speak for or against the proposal, the Public Hearing was closed. The Board discussed the request and concurred that sufficient hardship existed to warrant granting of the Conditional Exception. ON MOTION BY CROSBY AND SECOND BY LIPPS, CONDITIONAL EXCEPTION NO. 75-9 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. Because of the shape of the lot, 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 classifications. 2. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 3. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a Conditional Exception will not be materially detri- mental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of the Conditional Exception will not adversely affect the Master Plan of the City of Huntington Beach. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-2-75 Page 4 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 5 ADMINISTRATIVE REVIEW NO. 75-30 Applicant: The Southland Corporation dba 7-Eleven Food Stores To permit the construction of a 2,400 square foot commercial building, pursuant to S.9430 of the Huntington Beach Ordinance Code, located at the southwest corner of Warner Avenue and Newland Street, in a C2, Community Business District. Acting Chairman Cope informed the Board that this application is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Mr. John Wernig represented the applicant. Board members reviewed the proposal with the applicant's representative, with discussion centering on driveway locations. Board member Crosby stated that the Public Works Department would prefer the closing off of the 25' driveway on Newland Street, primarily due to the close proximity of that driveway to the main intersection of Warner and Newland. Mr. Wernig stated that he was amenable to'eliminating the driveway in question, however requested that the possibility of re -opening it at some later date be left open for consideration; Board member Crosby stated that any consideration of this nature and/or approval for re -opening would be at the discretion of the Traffic Engineer. Conditions of Approval were discussed with Mr. Wernig. ON MOTION BY COPE AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 75-30 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received March 19, 1975 shall be the approved layout, subject to the modifications described herein: a. Deletion of 25' driveway on Newland Street. b. Implementation of additional landscaping on Newland Street. c. Screening of trash enclosure with concrete block wall and solid door. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. BZA 4-2-75 Page 5 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 6 Administrative Review No. 75-30 In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Soil and compaction reports shall be submitted by a certified soils engineer. Said reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 4. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detection devices or systems shall comply with the specifications of the Huntington Beach Fire Code. Plans for such systems and devices shall be submitted to the Fire Department and shall be subject to approval by the Departments of Fire and Public Works. 5. The developer shall participate in the local drainage assessment district. 6. The developer shall participate in the Orange County Sanitation District #3 Sewer Annex District. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-2-75 Page 6 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 7 ADMINISTRATIVE REVIEW NO. 75-31 Applicant: Donald L. Bren Company To permit a subdivision model home in conjunction with Tract 7991, pursuant to Section 9730.18 of the Huntington Beach Ordinance Code, located on the northwest corner of Carson Drive and Sacramento Lane, in an R1, Low Density Residential District. Acting Chairman Cope informed the Board that this application is covered by Environmental Impact Report No. 73-14, granted to Tract No. 7991 by the Environmental Review Board on September 27, 1973. The applicant was represented by Mr. Glenn Cardoso. The Board reviewed the proposal and concurred on approval of same; Conditions of Approval were discussed with Mr. Cardoso. ON MOTION BY LIPPS AND SECOND BY COPE, ADMINISTRATIVE REVIEW NO. 75-31 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: 1. The conceptual plot plan and elevations received March 19, 1975 shall be the approved layout. 2. The applicant shall comply with all provisions of Section 9730.18 of the Huntington Beach Ordinance Code. 3. The applicant shall comply with all Conditions of Approval for Tentative Tract No. 7991. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 75-32 Applicant: William W. Morley To permit an increase of an existing overhead electrical service, pursuant to Section 9730.9 of the Huntington Beach Ordinance Code, located on the south side of Liberty Street, approximately 370 feet west of Beach Boulevard, in an R2, Medium Density Residential District. Acting Chairman Cope informed the Board that this application is a Categorical Exemption, Class I, California Environmental Quality Act, 1970. The applicant, Mr. William W. Morley, was present. The Board reviewed the request and concurred on approval of same. BZA 4-2-75 Page 7 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 8 Administrative Review No. 75-32 ON MOTION BY COPE AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO. 75-32 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received March 24, 1975 shall be the approved layout. 2. The applicant shall install a service panel to facilitate conversion to underground utilities at a future date, pursuant to S.9730.11 of the Huntington Beach Ordinance Code. FINDINGS OF THE BOARD: The Board has considered all guidelines for approval of overhead utilities, and all criteria has been satisfied, pursuant to Section 9730.10 of the Huntington Beach Ordinance Code. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE PLOT PLAN AMENDMENT NO. 75-2 Applicant: Signal Landmark, Inc. To permit an amendment to the approved Plot Plan of Tentative Tract Map. No. 5419, pursuant to Section 9811.4 of the Huntington Beach Ordinance Code. The amendment includes changes to the unit type, locations of the units, and location of the off-street parking. The subject property is located at the northwest corner of Atlanta Avenue and Magnolia Street, in an R1, Low Density Residential District. Acting Chairman Cope informed the Board that this application is covered by Environmental Impact Report No. 73-1, granted to Tentative Tract No. 5419 by the Environmental Review Board on April 24, 1974. Representing the applicant were Mr. George Stringer, Mr. R. J. Marvick, and Mr. Jeff Holm. The Acting Chairman opened the Public Hearing; there being no parties present to speak for or against the proposal, the Public Hearing was closed. Board discussion centered on the fact that the plan did not meet minimum patio dimension requirements as prescribed by the present Ordinance Code. Mr. Stringer stated that the plan had been prepared in accordance with regu- lations which existed at the time of the original Tentative Tract approval; further that he was under the impression that this was permissable. Mr. Cope stated that it was his opinion that any modifications to the original plan would require conformance to present code regulations, and recommended that a legal opinion from the City Attorney's office be obtained in order to'clarify the matter. BZA 4-2-75 Page 8 1 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 9 Plot Plan Amendment No. 75-2 A brief recess was called while Acting Chairman Cope conferred with the City Attorney's office regarding the above. Upon returning to the meeting, Mr. Cope stated that the City Attorney's office had substantiated his opinion that all modifications to the original plan would need to conform to the present Ordinance Code. Further dis- cussion centered on setback requirements. Following further Board discussion, Acting Chairman Cope recommended approval of the plot plan amendment, contingent on submittal of revised plans reflecting modifications to setbacks and patio dimensions on all proposed new units. ON MOTION BY LIPPS AND SECOND BY COPE, PLOT PLAN AMENDMENT NO. 75-2 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan and elevations received March 10, 1975 shall be the approved layout, subject to the modifications described herein: a. The north and west property lines shall be modified to reflect a ten foot (10') separation between the buildings and said property lines. b. Unit types #23 and #24 shall comply with the minimum patio requirements, as provided by Section 9310.11 of the Huntington Beach Ordinance Code. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modi- fications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. B. GENERAL CONDITIONS: All Conditions of Approval for Tentative Tract No. 5419 and Use Permit No. 70-43 shall apply to Plot Plan Amendment No. 75-2. FINDINGS OF THE BOARD: 1. The use remains the same. 2. The density is not increased. 3. Revisions will result in improvement in placement of sidewalks nearer parking areas. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-2-75 Page 9 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 10 ADMINISTRATIVE REVIEW NO. 75-23 Applicant: Fotomat Corporation To permit the establishment of a fast service photo booth in an existing shopping center parking lot, pursuant to Section 9430 of the Huntington Beach Ordinance Code, located at the southwest corner of Bolsa Chica Street and Edinger Avenue, in a C2, Community Business District. Acting Chairman Cope informed the Board that this application is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. The applicant was represented by Mr. John Davis. The Board reviewed the proposal and concurred on approval of same; Conditions of Approval were discussed with Mr. Davis. ON MOTION BY CROSBY AND SECOND BY COPE, ADMINISTRATIVE REVIEW NO. 75-23 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: 1. The conceptual plot plan and elevations received March 7, 1975 shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 2. All Conditions of Approval for Administrative Review No. 74-56 shall apply to Administrative Review No. 75-23. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-2-75 Page 10 1 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 11 DIVISION OF LAND NO. 75-5 Applicant: John C. Morrow To permit the consolidation of two lots into one, for construction purposes, pursuant to Section 9811.3 of the Huntington Beach Ordinance Code, located on the north side of Warner, approximately 140 feet east of Green Street, in a C2, Community Business District. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 75-24 Applicant: John C. Morrow To permit the construction of an office suite, pursuant to S.9430.1 of the Huntington Beach Ordinance Code, located on the north side of Warner Avenue, approximately 140 feet east of Green Street, in a C2, Community Business District. Acting Chairman Cope informed the Board that these applications were Categorical Exemptions, Class III, California Environmental Quality Act, 1970. The applicant was not present. Acting Chairman Cope informed the Board that the City Attorney's office had stated that, due to the new Subdivision Map Act, the City cannot act on a Division of Land application at this time. In view thereof, he stated that the applicant would be requested to withdraw the application, and his fee would be refunded. Since the applicant was not present, Mr. Cope recommended that both applications be continued for one week and the applicant notified that his presence at the next hearing would be required. ON MOTION BY CROSBY AND SECOND BY COPE, DIVISION OF LAND NO. 75-5 AND ADMINISTRATIVE REVIEW NO. 75-24 WERE CONTINUED TO APRIL 9, 1975 BY THE FOLLOWING VOTE: AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE MISCELLANEOUS ITEM: ADMINISTRATIVE REVIEW NO. 75-35 Applicant: Covington Brothers To permit a temporary trailer and parking lot for three months, and a permanent sales office and parking lot for project, pursuant to S.9730.18 of the Huntington Beach Ordinance Code, located at the northwest corner of Brookhurst and Banning, in an R1, Low Density Residential District. BZA 4-2-75 Page 11 Minutes: Huntington Beach Board of Zoning Adjustments April 2, 1975 Page 12 Administrative Review No. 75-35 Acting Chairman Cope informed the Board that this application is covered by Exemption Declaration No. 74-8, granted by the Environmental Review Board on March 19, 1974. The applicant was not represented. The Board discussed the request and concurred on conditional approval of same. ON MOTION BY LIPPS AND SECOND BY COPE, ADMINISTRATIVE REVIEW NO. 75-35 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: 1. The conceptual plot plan received March 28, 1975 shall be the approved layout. 2. The applicant shall comply with all provisions of Section 9730.18 of the Huntington Beach Ordinance Code. 3. All Conditions of Approval for Tentative Tract No. 8578 shall be complied with for the dwelling unit sales office. 4. The temporary trailer shall be removed on or before July 2, 1975. AYES: COPE, CROSBY, LIPPS NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. /�[' John M. Cope Acting Chairman and Secretary Board of Zoning Adjustments :mn BZA 4-2-75 Page 12