HomeMy WebLinkAbout1975-04-23MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
CIVIC CENTER
2000 Main Street
Basement, Room B-8
Huntington Beach, California
WEDNESDAY, APRIL 23, 1975, 1:15 P.M.
BOARD MEMBERS:
John Cope
Bruce Crosby
Chuck Gerarden
CITY STAFF Inspector Don moore
PRESENT: Fire Department
MINUTES FOR APPROVAL: NONE
REGULAR AGENDA ITEMS:
CONDITIONAL
EXCEPTION
NO. 75-10 (Continued from
4-16-75)
Applicant:
La Cuesta
To permit a
for eleven
reduction
(11) lots
in the required 900 square
of Tract No. 7596, in lieu
feet of open space
of Section 9103.3.1.13
of the Huntington
Beach Ordinance Code, located
on the southeast corner
of Newland
Street and
Garfield Avenue, in an Rl,
Low Density Residential
District.
The Chairman informed the Board that this application is a Categorical Exemption,
Class V, California Environmental Quality Act, 1970.
The Chairman noted that this application had been continued from the April 16,
1975 meeting in order to allow a representative to be present for purposes of
offering further explanation regarding the basis of justification for the
request.
The Chairman opened the Continued Public Hearing.
Mr. Jager represented the applicant and offered the Board a brief overview of
the request, citing as justification the fact that moving the residences back
in order to achieve the open space requirement would necessitate a substantial
reduction in the size of the rear yard. He further stated that this course of
action would be in direct opposition to consumer demands, and would therefore
constitute a hardship to the developer.
There being no other parties present to speak for or against the proposal,
the Chairman closed the Public Hearing.
BZA 4-23-75 Page 1
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Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 2
Conditional Exception No. 75-10
The Board discussed the request and concurred in that appropriate justification
of hardship had not been demonstrated in view of the fact that consumer demand
and economic factors could not be considered allowable hardships for granting
of a Conditional Exception.
Mr. Jager responded that Conditional Exceptions had been granted on previous
occasions, under similar circumstances. The Chairman then recommended a
brief recess in order to allow for research of previous files for purposes
of determining the basis of justification for similar Conditional Exceptions
granted to the developer's previous tracts. The Board and Mr. Jager con-
curred with this recommendation. Subsequent research of the files determined
that previous Board decisions on the subject matter had been divided, i.e.
requests for Conditional Exceptions on similar tracts had been both approved
and denied.
The Chairman then stated the opinion that requiring the developer to deviate
from the previously approved and constructed residential units would consti-
tute a hardship; further that requesting the developer to move the buildings
back seven feet would cause a reduction of seven feet in the rear yard, and
would result in a less desirable and negative planning situation. In view
of these factors, the Chairman recommended approval of the request; Board
members concurred.
ON MOTION BY COPE AND SECOND BY GERARDEN, CONDITIONAL EXCEPTION NO. 75-10
WAS APPROVED WITH THE FOLLOWING CONDITIONS, REASONS, AND FINDINGS, BY THE
FOLLOWING VOTE:
CONDITIONS OF APPROVAL:
1. The plot plan received March 28, 1975 shall be the approved layout.
2. The courtyard fencing shall be subject to approval of the Planning Department.
REASONS FOR APPROVAL:
1. Strict compliance with S.9103.3.1.13 would result in a less desirable
residential development.
2. The proposal more than meets the intent of the Code by providing approxi-
mately 1,400 square feet of usuable open space versus the Code requirement
of 900 square feet.
FINDINGS OF THE BOARD:
I. The granting of a Conditional Exception will not be materially detrimental
to the public welfare, or injurious to property in the same zone classi-
fications.
2• The granting of a Conditional Exception will not adversely affect the
Master Plan of the City of Huntington Beach.
3. The granting of a Conditional Exception is necessary in order to preserve
the enjoyment of one or more substantial property rights.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
BZA 4-23-75 Page 2
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 3
USE PERMIT NO. 75-13
Applicant: Sid Lance Construction
To permit loading facilities to face onto a public street, pursuant to
Section 9518 of the Huntington Beach Ordinance Code; located on the west
side of Container Lane, approximately 200 feet south of McFadden Avenue,
in a 100-M1-A-20,000, Restricted Manufacturing District.
IN CONJUNCTION WITH:
ADMINISTRATIVE REVIEW NO. 75-38
Applicant: Sid Lance Construction
To permit the construction of three (3) tilt -up industrial buildings,
pursuant to Section 9511 of the Huntington Beach Ordinance Code; located
on the west side of Container Lane, approximately 200 feet south of McFadden
Avenue, in a 100-M1-A-20,000 Restricted Manufacturing District.
The Chairman informed the Board that these applications are covered by
Environmental Impact Report No. 73-16, approved by the City Council on
March 18, 1974.
The Chairman opened the Public Hearing.
The applicant, Mr. Sid Lance, addressed the Board and offered a brief overview
of the proposal, stating that the plan was in conformance with regulations of
the Lusk Industrial Park.
There being no other parties present to speak for or against the proposal,
the Chairman closed the Public Hearing.
The Board reviewed the plan and discussed Conditions of Approval with the
applicant. The Chairman offered a suggestion regarding landscaping in the
parking area, recommending that additional landscaping and a 24" box tree
be provided, rather than the interspersing of 15 gallon trees throughout
the parking area as specified by Code. The applicant stated he was amenable
to this recommendation. Mr. Lance was informed that recordation of a tentative
parcel map for lots 38 and 39 would be required prior to final inspection.
City Staff is currently working on a procedural format for this requirement;
should the procedure not be finalized at such time as the building is ready
for occupancy, this Condition will be open for reconsideration, with the
possibility of a letter of agreement being temporarily substituted.
ON MOTION BY COPE AND SECOND BY CROSBY, USE PERMIT NO. 75-13 AND ADMINISTRATIVE
REVIEW NO. 75-38 WERE APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY
THE FOLLOWING VOTE:
BZA 4-23-75 Page 3
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 4
Use Permit No. 75-13 and Administrative Review No. 75-38
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
The conceptual plot plan and elevations received April 2, 1975
shall be the approved layout, subject to the modifications
described herein:
a. A 27' turning radius shall be provided for the parking
layout on Building "C".
b. Building "C" shall be provided with -a minimum of a 20'
landscaped setback on Container Lane.
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.
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.
L�
1
BZA 4-23-75 Page 4
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 5
Use Permit No. 75-13 and Administrative Review No. 75-38
B. TO BE COMPLETED PRIOR TO FINAL INSPECTION:
A tentative parcel map showing the elimination of the interior lot
line on Building "C" shall be recorded with the County Recorder.
FINDINGS OF THE BOARD:
1. The establishment, maintenance, and operation of the use will not be
detrimental to:
a. The general welfare of persons residing or working in the vicinity.
b. Property and improvements in the vicinity of such use or building.
2. The granting of a Use Permit will not adversely affect the Master Plan
of the City of Huntington Beach.
3. The proposal is consistent with the City's General Plan of Land Use.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
CONDITIONAL EXCEPTION NO. 75-11
Applicant: Richard L. Carson
To permit a 116" encroachment into the required five foot (5') interior
side yard, in lieu of Section 9103.2.1 of the Huntington Beach Ordinance
Code; located on the northwest corner of McFadden Avenue and Bolsa Chica
Street, in an R1, Low Density Residential District.
The Chairman informed the Board that this application is a Categorical
Exemption, Class V, California Environmental Quality Act, 1970.
The Chairman opened the Public Hearing; there being no parties present to
speak for or against the proposal, the Public Hearing was closed.
The applicant was not present.
Based on a review of the proposal, as well as a field study by the Chairman,
the Board concurred on approval of the request.
ON MOTION BY COPE AND SECOND BY GERARDEN, CONDITIONAL EXCEPTION NO. 75-11
WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. The size, shape, and configuration of the subject property, resulting
from the existence of the alley turnaround, creates a hardship.
BZA 4-23-75 Page 5
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 6
Conditional Exception No. 75-11
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 detrimental
to the public welfare or injurious to property in the same zone classifi-
cations.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 75-42
Applicant: David Stewart
To permit the relocation of an existing overhead electrical service, pursuant
to Section 9730.9 of the Huntington Beach Ordinance Code; located on the west
side of Collie Lane, approximately 240 feet north of Arrowhead Drive, in an
R1, Low Density Residential District.
The Chairman informed the Board that this application is a Categorical
Exemption, Class I, California Environmental Quality Act, 1970.
The applicant, Mr. David Stewart, was present.
The Board reviewed the proposal and discussed Conditions of Approval with
the applicant.
ON MOTION BY CROSBY AND SECOND BY GERARDEN, ADMINISTRATIVE REVIEW NO. 75-42
WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING
VOTE:
CONDITIONS OF APPROVAL:
1. The plot plan received April 9, 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, GERARDEN
NOES: NONE
ABSENT: NONE
BZA 4-23-75 Page 6
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 7,
USE PERMIT NO. 75-16
Applicant: Elden W. Bainbridge
To permit the remodeling and establishment of a new restaurant in an
existing building, pursuant to Section 9472 of the Huntington Beach Ordinance
Code; located on the west side of Brookhurst Street, approximately 500 feet
south of Adams Avenue, in a C4, Highway Commercial District.
The Chairman informed the Board that this application is a Categorical
Exemption, Class III, California Environmental Quality Act, 1970.
The Chairman opened the Public Hearing; there being no parties present
to speak for or against the proposal, the Public Hearing was closed.
The applicant, Mr. Elden W. Bainbridge, was present; also present was
Mr. Ron O'Neill.
Board members reviewed the proposal with Mr. Bainbridge and discussed
Conditions of Approval.
ON MOTION BY GERARDEN AND SECOND BY COPE, USE PERMIT NO. 75-16 WAS APPROVED
WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received April 10, 1975
shall be the approved layout, subject to the modifications
described herein:
a. Location of the screening wall on Brookhurst.
b. Accurate driveway locations and widths.
A plan delineating said modifications shall be submitted to the
Secretary of the Board. If such plan complies with the modifi-
cations outlined by the Board, said plan shall be approved and
made a permanent part of the administrative file.
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.
BZA 4-23-75 Page 7
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 8
Use Permit No. 75-16
A. 2. The following plans shall be submitted to the Secretary of the Board:
a. 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.
b. A plan indicating the method of irrigation of the existing
landscaped areas, and/or any additional irrigation systems
that would be required as the result of additional land-
scaping, shall be submitted for approval.
3. 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.
B. GENERAL CONDITION:
A reciprocal access and parking agreement for the subject site shall
be submitted to the Planning Department for approval.
FINDINGS OF THE BOARD:
1. The establishment, maintenance, and operation of the use will not be
detrimental to:
a. The general welfare of persons residing or working in the vicinity.
b. Property and improvements in the vicinity of such use or building.
2. The granting of a Use Permit will not adversely affect the Master Plan
of the City of Huntington Beach.
3. The proposal is consistent with the City's General Plan of Land Use.
4. The renovations on the existing building are not sufficient to cause a
total upgrading of the development site for purposes of compliance with
Division 9 of the Huntington Beach Ordinance Code.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
BZA 4-23-75 Page 8
1
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 9
Use Permit No. 75-16
The Board reviewed the Sign Theme for the project.
ON MOTION BY GERARDEN AND SECOND BY CROSBY, THE SIGN THEME FOR USE PERMIT
NO. 75-16 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING
VOTE:
1. The sign plan received April 14, 1975 shall be the approved layout,
subject to the modification described herein:
A ten (10) foot ground clearance shall be maintained.
2. The applicant shall comply with all requirements of Article 976
of the Huntington Beach Ordinance Code.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 75-43
Applicant: A. L. Quintana Construction, Inc.
To permit the relocation of an existing -electrical overhead service,
pursuant to Section 9730.9 of the Huntington Beach Ordinance Code;
located on the east side of Collie Lane, approximately 130 feet north
of Galipean Drive, in an R1, Low Density District.
The Chairman informed the Board that this application is a Categorical
Exemption, Class I, California Environmental Quality Act, 1970.
The applicant was not represented.
The Board reviewed the plan and concurred on approval of same.
ON MOTION BY GERARDEN AND SECOND BY COPE, ADMINISTRATIVE REVIEW NO. 75-43
WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE:
1. The plot plan received April 16, 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 uitlities,
and all criteria has been satisfied, pursuant to Section 9730.10 of the
Huntington Beach Ordinance Code.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
BZA 4-23-75 Page 9
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 10
MISCELLANEOUS:
SPECIAL EVENT NO. 75-9
Applicant: Floyd H. Shaver, for Huntington Beach/Fountain Valley YMCA
To permit a Pancake Breakfast and Carnival on Saturday, April 26, 1975
on the Golden West College Parking Lot.
The Board reviewed the request and concurred on approval of same.
ON MOTION BY GERARDEN AND SECOND BY CROSBY, SPECIAL EVENT NO. 75-9
WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE:
1. The plot plan received April 23, 1975 shall be the approved layout.
2. The applicant shall obtain all necessary electrical permits.
3. An on -site inspection by the Fire Department shall be required
prior to the event.
4. A certificate of insurance form shall be filed in the Finance
Department five (5) days prior to the event.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
TENTATIVE TRACT NO. 8687
Applicant: Louis Graziadio
Chairman Cope noted that Tentative Tract No. 8687 had been conditionally
approved by the Planning Commission, contingent on approval of the
landscaping and block wall plan by the Board of Zoning Adjustments.
Mr. Martinez, of the Planning Department, presented a brief overview
of the applicant's proposal for same. Following discussion, the Board
concurred on referral of the plans to Darryl Smith, Public Works
Department, for review and recommendations.
SIGNS:
Applicant: Goodyear Service Store
Request: Six (6) Temporary Banners
Location: Brookhurst and Adams
The Board reviewed the proposal and concurred on approval of same.
BZA 4-23-75 Page 10
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 11
SIGNS (CONTINUED)
Goodvear Service Store
ON MOTION BY GERARDEN AND SECOND BY COPE, THE ABOVE NOTED SIGN REQUEST
WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE:
1. The plot plan received by the Department of Building and Community
Development, dated April 21, 1975, shall be the approved layout.
2. Building permit for temporary signs to expire fourteen (14) days
following date of issuance.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
Applicant: Great Western Savings
Request: Pole Sign, 9xl6'61', 148.5 square feet
Wall Signs, Three (3), 38x2, 62 square feet
Wall Sign, 141.5, 21 square feet
Ground Sign, 3'8" x 4'6", 140 square feet
Location: 16141 Beach Boulevard
The Board reviewed the proposal and concurred on approval of same.
ON MOTION BY. GERARDEN AND SECOND BY CROSBY, THE ABOVE NOTED SIGN REQUEST
WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE:
1. The plot plans received April 23, 1975 shall be the approved layouts,
as modified by the Board.
2. Signs designated as "B" are denied.
3. A revised plan shall be submitted to the Secretary of the Board
of Zoning Adjustments prior to issuance of permits. 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.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
BZA 4-23-75 Page 11
Minutes: Huntington Beach Board of Zoning Adjustments
April 23, 1975
Page 12
SIGNS (CONTINUED):
Applicant: Market Basket, Inc.
Request: Two (2) Temporary Banners, 3'x2O'
Location: Market Basket, 7742 Edinger Avenue
The Board reviewed the proposal and concurred on approval of same as an
addendum to the previous approval granted April 16, 1975.
ON MOTION BY GERARDEN AND SECOND BY CROSBY, THE ABOVE NOTED SIGN REQUEST
WAS APPROVED WITH THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE:
The permit for two (2) temporary banners shall be valid forty-five days
from April 16, 1975, or thirty (30) days from date of issuance of
building permit.
AYES: COPE, CROSBY, GERARDEN
NOES: NONE
ABSENT: NONE
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
John M. Cope, hairman
Board of Zoning Adjustments
:mn
BZA 4-23-75 Page 12