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HomeMy WebLinkAbout1975-09-17MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Civic Center 2000 Main Street Basement, Room B-8 Huntington Beach, California WEDNESDAY, SEPTEMBER 17, 1975 - 1:15 P.M. BOARD MEMBERS: James W. Palin Walter Lipps Jerry Ellstrom Secretary Palin served as Chairman in the absence of Chairman Crosby. MINUTES: ON MOTION BY LIPPS AND SECOND BY ELLSTROM MINUTES OF THE REGULAR MEETINGS OF AUGUST 13 AND AUGUST 27, 1975, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: USE PERMIT NO. 75-39 (Continued from 9-10-75) Applicant: Fredrick M. Culmann To permit the construction of a seven -unit apartment building, pur- suant to Section 9162.3.1 of the Huntington Beach Ordinance Code, located on the west side of Huntington Avenue approximately 75 feet north of 17th Street, in an R2-0-CD, Medium Density Residential District. The Chairman informed the Board that Exemption Declaration No. 74-147 was granted by the Environmental Review Board for this request on April 29, 1975. Mr. Culmann was present at the meeting. The Chairman reopened the public hearing. There being no one pres- ent to speak for or against the proposed project,the public hearing was closed. The Board again discussed the project, pointing out to the appli- cant that the future realignment of 17th Street and Mansion Avenue will affect the alignment of Huntington Street, resulting in pos- sible additional dedication requirements on Huntington and Oregon. It was also determined that this possible future dedication would not adversely affect the open space provisions of the submitted plot plan. H.B. Board of Zoning Adjustments September 17, 1975 Page 2 ON MOTION BY LIPPS AND SECOND BY PALIN, EXEMPTION DECLARATION NO. 74-147 WAS ADOPTED BY THE BOARD, BY THE FOLLOWING VOTE: AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE ON MOTION BY ELLSTROM AND SECOND BY PALIN USE PERMIT NO. 75-39 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received June 23, 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 aat on -regarding this property. 2. The following plan shall be submitted to the Secretary of the Board: 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. 3. In accordance with the City's standards and requirements, an additional half -street dedication for right-of-way on Huntington and Oregon Streets shall be dedicated. 4. Soil and compaction reports shall be submitted by a certi- fied soils engineer. Said reports shall be submitted to the Department of Building and Community Development and shall be subject to approval by that Department. 5. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm sys- tems, 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. BZA 9-17-75 Pacfe 2 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 3 6. The developer shall participate in the local drainage assessment district. 7. All applicable fees shall be paid prior to issuance of building permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Huntington and Oregon Streets shall be improved to the centerlines of such rights -of -way. Said improvements shall include curbs, gutters, sidewalks, paving, street trees, street lights, street signs, street drainage, and sewer and water main extensions, in full compliance with the City of Huntington Beach street standards and require- ments. C. GENERAL CONDITIONS: 1. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a minimum of R-19 and R-11, respectively. If no air con- ditioning is to be provided, the insulation in ceilings and exterior walls shall be a minimum of R-13 and R-7, respectively. 2. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 3. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers, and natural gas shall be stubbed in at the locations of cooking; facilities, water heaters,and central heating units. 4. An engineering geologist shall be engaged to submit a re- port indicating the ground surface acceleration from earth movement for the project property. 5. All structures proposed for construction within this pro- ject shall be constructed in compliance with the g-factors as indicated by the geologist's report. 6. Calculations for footings and structural members to with- stand anticipated g-factors shallbe submitted to the City for review. AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE BZA 9-17-75 Page 3 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 4 USE PERMIT NO. 75-46 Applicant: Manuel Chavez To permit the construction of a temporary parking lot pursuant to Section 9730.28 of the Huntington Beach Ordinance Code, loc- ated at the northeasterly corner of Huntington Avenue and Pacific Coast Highway, in an R5 Office -Professional District. The Chairman informed the Board that this request is a Categor- ical Exemption, Class I, California Environmental Quality Act, 1970. Robert Chavez was present to represent the applicant. The Chairman opened the public hearing. Mr. Chavez addressed the Board, further explaining the operation proposed for the site. He noted that the purpose of the Sheraton Inn in executing the sub -lease was to regulate and discourage beach use of the parking lots, which has been a continuing prob- lem for them. Specific areas of the lot are to be set aside for hotel use and specific areas for beach -goers' use, with the Sheraton having first priority on all parking spaces, as needed. Vince Moorhouse, Director of the Harbors and Beaches Department of Huntington Beach, addressed the Board, stating that he is re- sponsible to the City concerning the lease on the property with the Sheraton Inn and that the City was never notified of the sub- lease or the proposed operation of the parking lot for beach use. Mr. Moorhouse recommended that the applicant be advised to proceed through due process on the sub -lease, and submitted an opinion from the City Attorney's office in regard to this request. There being no other persons present to speak for or against the project, the public hearing was closed. Board discussion ensued. Jim Palin pointed out that the number of parking spaces required in Sheraton's lease was 334 for the hotel and adjunct uses; there are a total or 330 spaces available on - site, leaving a deficit of 4 spaces. Setting aside 222 of those spaces for beach parking use would establish dual use of the re- quired parking for the facility. Joint use of parking spaces is permitted by code only in relation to night -versus -day parking or week days -versus -weekend use. ON MOTION BY PALIN AND SECOND BY LIPPS, USE PERMIT NO. 75-46 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. There is presently not sufficient parking within the facility to accommodate the use of 220 parking spaces for beach -goers. BZA 9-17-75 Page 4 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 5 2. Granting of this request would establish dual use of the parking within the facility without proper coordination regarding day -versus -night or weekend -versus -weekday use. 3. The applicant has posted signing without due authorization; in some cases, existing signs are in violation of Article 976 of the Huntington Beach Ordinance Code. 4. The sub -lease for this project has not been properly auth- orized and/or reviewed by the City, this review and author- ization being a requirement of the existing lease on the property between the Sheraton Inn and the City. AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE USE PERMIT NO. 75-48 Applicant: Vince Moorhouse To permit an enlargement of a residence with a non -conforming side yard setback, pursuant to Section 9719 of the Huntington Beach Ordinance Code, located at the northeast corner of Palm Avenue and Thirteenth Street in an R2, Medium Density Residential District. The Chairman informed the Board that this request is a Categori- cal Exemption, Class I, California Environmental Quality Act, 1970. Mr. Moorhouse was present at the meeting. The Chairman opened the public hearing. Mr. Moorhouse addressed the Board, stating his intention to build only a garage at present and add to the dwelling unit at a later date. He noted that his principle problem would be a requirement for additional dedication on Palm Avenue. There being no other persons to speak for or against the proposed project, the Chairman closed the public hearing. Board discussion ensued. It was observed that Palm Avenue is to be redesignated on the proposed revision to the Master Plan of Streets and Highways from a secondary to a local street,u4iich would eliminate the need for additional dedication of right-of-way. The matter of timing on the issuance of building permits was dis- cussed, with Jerry Ellstrom indicating that, if permits were pulled prior to the amendment to the Master Plan, it would be BZA 9-17-75 Page 5 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 6 necessary.to condition the request for,the street dedication on Palm. Other alternatives were also discussed; e.g., dedication at this time with vacation back to the owner after the amendment is adopted or an offer of dedication good for a period of 12 months and subject to acceptance or rejection by the Department of Public Works. ON MOTION BY ELLSTROM AND SECOND BY LIPPS, USE PERMIT NO. 75-48 WAS APPROVED WITH,THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE.OF BUILDING PERMITS:. 1. The conceptual plot plan and elevations received Septem- ber 5, 197,5, 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. In accordance with the City's standards and requirements, ,an additional ten (10) feet Iof dedication on Palm Avenue shall be required if building permits are issued prior to the pending•amendment to the Master Plan of Streets and Highways (which will redesignate Palm Avenue from an 80- foot secondary to a 60-foot local street); however, if ap- plicant elects to wait until City Council has adopted the Master, Plan,.amendment to apply,.for building permits, the additional ten (10) feet of dedication will no longer be required. 3. The developer.shall participate in the local drainage assessment district. 4. All applicable fees shall be.paid prior to issuance of building permits. AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE BZA 9-17-75 Page 6 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 7 PLOT PLAN AMENDMENT NO. 75-4 Applicant: Seabreeze Village Association To permit a modification to the plans for Tentative Tract Map No. 7628 by deletion of the "tot lots," pursuant to Section 9811.4 of the Huntington Beach Ordinance Code, located at the northeast corner of Chapel Lane and Modale Drive in an R3, Medium Density Residential District. This request is not classified as a project under the California Environmental Quality Act, 1970. Bob Baird, treasurer of the Association, was present to represent the application. The Chairman opened the public hearing. Mr. Baird reviewed for the Board the various actions which have been taken by the Association on this matter, with.the final offi- cial action being a vote of 39 in favor of amending the plan, 22 against the amendment, and 2 abstentions. Raymond Menzies was present to speak in opposition to the proposed Plot Plan Amendment, saying that he and his family had bought into the tract on the basis of its suitability for young children as evidenced by the intention of Classic Development to provide the tot lots. He also questioned the legal right of the Association to prejudice the contractual rights of the minority by permitting the developer to delete the playgrounds. Mr. Ray Carolin also spoke in opposition to the amendment, noting that the purchase contract is between the lending institution, Classic, and the buyers, and that the Association has no legal right to relieve Classic of its obligations under the contract. Joyce Cudlow addressed the Board, expressing the opinion that the majority vote of the Association should prevail. There being no other persons present to speak for or against the proposed project, the Chairman closed the public hearing. In the Board discussion which ensued,_ the following points were covered: 1) whether the original condition requiring the tot lots had been imposed upon the Tentative Tract Map or upon a supple- mental landscaping plan submitted to the Board; 2) in what manner the original concept for this tract had been changed to the family - oriented project presented to some of the buyers; 3) whether the advertising of Classic for this development still carried the tot lots as a feature; and 4) possible compromises which the Associa- tion might consider to provide some sort of equitable settlement for all concerned. BZA 9-17-75 Page 7 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 8 JIM PALIN•MADE A�MOTION TO APPROVE PLOT PLAN AMENDMENT NO. 75-4 FOR THE DELETION OF THE TOT.LOTS FROM•TENTATIVE TRACT NO. 7628 AS REQUESTED BY THE HOMEOWNERS' ASSOCIATION.• MOTION'FAILED FOR LACK OF A SECOND. After further discussion a suggestion was made to refer this re- quest to the Planning Commission-- 4 , — . ON MOTION BY LIPPS;AND SECOND BY ELLSTROM, PLOT •PLAN AMENDMENT NO. 75-4 WAS REFERRED TO-:THE.PLANNING COMMISSION, PURSUANT,:TO SECTION 9812:2 OF THE•HUNTINGTON BEACH ORDINANCE CODE, BY:THE FOL- LOWING VOTE: ,. AYES: LIPPS, ELLSTROM NOES: PALIN ABSENT: NONE Jim Palin inserted.into the record his reasons for voting "no" on this motion:' The tot lots were not shown on the site plan or the Tentative'Tract'map''that were conditioned and approved by the Planning Commission. Those tot lots were shown only on supplemental plans submitted'to the'Planning Commission at time of review and on the "landscaping plan' .approved`by this'Board pursuant'to Article 931 subsequent to'Planning Commission approval of the Tentative Tract; therefore, it'is incumbent1upon this•hody"to make a determ- ination on the revision. ADMINISTRATIVE REVIEW 'NO. 75-134 Applicant: Doris Martinez To permit,the construction of a single-family residence pursuant to Section 9352.3 of the Huntington Beach Ordinance Code, located on the east,side of Ninth Street approximately 150 feet south of Pecan in an SP-1, Townlot Specific Plan No. 1, designation. The Chairman informed the Board that this request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. The Board reviewed the application, noting that the plan has been revised to reflect the required 27 foot turning radius and the resultant reduction in setback from 38,feet,to.36 feet. ON MOTION BY LIPPS AND SECOND BY PALIN,--ADMINISTRATIVE REVIEW NO. 75-134.WAS,APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMP•LETED-PRIOR TO ISSUANCE OF BUILDING -PERMITS: 1. The conceptual plot plan and elevations received Septem- ber 11, 1975, shall be the approved layout. BZA 9-17-75 Page 8 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 9 In its approval action, the Board of Zoning Adjustments con- sidered 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 plan shall be submitted to the Secretary of the Board: Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscap- ing specifications on file in the Department of Public Works. 3. In accordance with the City's requirements and standards, an additional two and one-half feet (2-1/21) of right- of-way on the alley shall be dedicated. 4. 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. 5. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and det- ection devices or systems shall comply with the specifi- cations 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 De- partments of Fire and Public Works. 6. All applicable fees shall be paid prior to issuance of building permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Ninth Street and the alley shall be improved to the cen- terlines of such rights -of -way. Said improvement shall include curbs, gutters, sidewalks, paving, street trees, street lights, street signs, street drainage, and sewer and water main extensions, in full compliance with the City of Huntington Beach street standards and requirements. AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE BZA 9-17-75 Page 9 Minutes, Fi.B.�Board'of'Zonirig'Adjustments September 17, 1975 Page 10 SIGNS Sign Request, No,,_6590 Applicant: ,Roberts ,Realty , To permit,.a poles, sig.n,,of,.$4 square feet..with,.dimensions-.of 3', x- 14' located• at ,1,6241,,Beach Boulevard, south of Edinger Avenue. The .Board,•seviewed.,the , s;.gn ,request, determining that the proposed square footage is within the allowed area for the property front- age., ON MOTION BY PALIN AND SECOND BY LIPPS, SIGN REQUEST NO. 6590 WAS APPROVED,WITH;,THZ..FOLLOWINQ,,,CQNT)ITION$O;,-rBY THE FOLLOWING VOTE: CONDITIONS .:OFf APRROV,AL:.I , ,,. +-.. " , ; , c;'.," -1 ' 1.. The,,sign; plan; reoeived September,- 10,1,11- 75,, .shall, be: the ; ap- proved 2. The applicant shall comply .with. all , requl. xrements of Article. 976, of, ;the. -Hunt ingto4-,,Beach,,,Ordi.,naHce Cade:„ „ . AYES: "PALIN, , LIPPS} .ELL$,TROM NOES: NONE, ABSENT: NONE:, Sign Request No. 6602 Applicant: Reliable Wh61esale Ltifdber To permit' a' °taall' `sign of � l00' ,Sguuare feet 'with `dimens ons" of 20' x 5 ` ,''located'"at "7606 'Redondo Street: -'' The 'Board 'reviewe' 'the' sign` reque'st,' taking into 'consideratibn the'problems of sight=distance caused by''the"dogieg in Redondo Street and the distance back from the street of the subject use. ON MOTION BY' LIPPS AND_'SECOND''BY PALIN';` S GN- REQUEST' 140. 6602 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF'APPROVAL: " 1. The sign"plan=received September 16,1'1975; shall be the ap- proved ldyout 2. ''The applicant shali''comply''with -all' ­'requirements of -Article '976 Of 'the'' Huntington -Beach"Ordinance -Code`. BZA 9-17-75 Page 10 1 Minutes, H.B. Board of Zoning Adjustments September 17, 1975 Page 11 Sign Request Applicant: "Funky Chicken" To permit a 6' x 12' sign, to be located on a three-foot building projection over the public sidewalk at a height of 8'6", located at 203 Main Street. The Board discussed the legality of permitting a sign over the public right-of-way without a variance, and considered the advis- ability of obtaining an opinion from the Attorney's office on the question. WALT LIPPS MADE A MOTION TO APPROVE THE SIGN AT 203 MAIN STREET; MOTION FAILED FOR LACK OF A SECOND. ON MOTION BY ELLSTROM AND SECOND BY PALIN, THIS SIGN REQUEST WAS CONTINUED TO PERMIT THE BUILDING DEPARTMENT TO PROVIDE THE BOARD WITH AN OPINION FROM THE ATTORNEY'S OFFICE, BY THE FOLLOWING VOTE: AYES: PALIN, LIPPS, ELLSTROM NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. James W. Palin, Secretary Board of Zoning Adjustments :df BZA 9-17-75 Paqe 11