HomeMy WebLinkAbout1975-11-19MINUTES
HUNTINGTON BEACH BOARD OF ZONING -ADJUSTMENTS
Room B-8 - Civic Center
Huntington Beach, California
2000 *fain Street
WEDNESDAY, NOVEMBER 19, 1975 - 1:15 PM
BOARD MEMBERS PRESENT: PALIN, CROSBY, SPENCER
STAFF MEMBERS PRESENT: ANDY VANDERLAAN, FIRE DEPARTMENT
REGULAR AGENDA ITEMS:
USE PERMIT NO. 75-58
Applicant: Standard Oil Company of California
To permit the construction of a gas treatment plant pursuant to
Section 9686 of the Huntington Beach Ordinance Code, located 415
feet south of Garfield Avenue and 495 feet west of Goldenwest Street
in an RA-02-CD, Residential -Agricultural combined with Oil Produc-
tion District.
The Chairman informed the Board that Negative Declaration No. 75-72
had been granted for this request by the Environmental Review Board
on November 4, 1975.
Ed Scott was present to represent Standard Oil Company.
The Chairman reopened the public hearing.
Ed Scott read a letter into the record, stating Standard's position
on this project.
Mr. Gil Nixon addressed the Board, restating his opposition to this
project, not specifically to the presently proposed installation but
as it may affect ultimate oil production on the total 75 acres.
The Chairman closed the public hearing.
Secretary Palin reported that additional letters have been received
from residents in opposition to the project. Board discussion ensued
concerning the results of Standard's meeting with the homeowners,
landscaping, noise control, and the scope of the conditions which
might be applied to require general clean up of the total area.
ON MOTION BY PALIN AND SECOND BY SPENCER, USE PERMIT NO. 75-58 WAS
APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING
VOTE:
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 2
FINDINGS OF THE BOARD:
1. The proposed f acility is more efficient and will provide for a
consolidation of three now existing, very inefficient facilities.
2. The apparatus is new technology and will operate much more
quietly and efficiently than the existing facilities.
3. The request is in compliance with the zoning and with the Land
Use Element of the General Plan of the City of Huntington Beach.
4. This oil facility was analyzed and provisions set forth in the
General Plan for uses of this nature.
5. This action, in effect, affords the City more control over im-
provement of existing conditions than it would otherwise have.
6. It has been demonstrated that this use will not have a detrimental
effect on the health, safety, and welfare of people residing
within the area, through information submitted to the Environmental
Review Board and plans submitted to the City of review in conjunc-
tion with this approval action.
CONDITIONS OF APPROVAL:
1. A noise consultant, the selection of which shall be made by
the Environmental Review Board, shall be contracted with by
Standard Oil Company for a comprehensive noise analysis and report
on the total operation site. If mitigating measures are necessary
to bring the noise level down to an acceptable level (acceptable
shall be considered to be attenuation of noise levels down to no
greater than 55 dB(A) at the subject property limits) the appli-
cant shall comply with such measures.
2. The above noise analysis shall be conducted prior to the commence-
ment of construction of the proposed facility, as well as for
a period of 60 days from date of start of the actual operation
of the plant. This analysis shall take into consideration the
effects of the gas processing plant, and if mitigating measures
are deemed necessary, the applicant shall comply.
3. A landscaping plan shall be submitted to the Board of Zoning Ad-
justments for review and approval action. This plan shall encom-
pass berming and adequate landscaping to offer a variation in
height and materials to provide screening of the operation site
from Garfield Avenue and Goldenwest Street. This landscaping
plan shall be submitted within 60 days from the date of approval
action on this application and shall take into consideration the
areas necessary for future widening on Garfield and Goldenwest.
The landscaping plan shall also encompass proposed additional
landscaping for aesthetic purposes along Clay Street.
BZA 11-19-75 Paqe 2
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 3
4. Dikes shall be required around the two 100-barrel storage tanks.
These dikes shall be constructed in accordance with Section
15.206 of the Huntington Beach Fire Code.
5. Access roads shall be provided as shown on the plot plan dated
October 15, 1975, pursuant to Section 13.208, Huntington
Beach Fire Code.
6. A gate shall be provided for the Garfield Avenue access road
approximately 700 feet west of Goldenwest Street, pursuant to
Section 13.208 of the Huntington Beach Fire Code.
7. One standard fire hydrant shall be installed within 300 feet of
the gas plant, pursuant to Section 13.301 of the Huntington
Beach Fire Code.
8. Specifications for all plant equipment (valves, tanks, pumps,
etc.) shall be submitted to the Fire Department.
9. The applicant shall comply with the agreed -to commitment sub-
mitted to Seacliff and Beachwalk property owners, dated
November 17, 1975.
10. The aesthetic considerations on the proposed facility shall be
in compliance with the recommendations of the Design Review
Board, and the tanks along Clay Street shall be painted in con-
junction with this proposed expansion.
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 75-149
Applicant: Henry T. Maruska
To permit the conversion of an existing building, used for resi-
dential housing, to a light manufacturing and storage use, pursuant
to Section 9530 of the Huntington Beach Ordinance Code, located on
the west side of Gothard Street approximately 1600 feet south of
Talbert Avenue, in an Ml-CD, Light Manufacturing - Civic District.
The Chairman informed the Board that this request is a Categorical
Exemption, Class V, California Environmental Quality Act, 1970.
Mr. Maruska and Frank Smith were present at the meeting.
Secretary Palin reported that a meeting had been held with
Mr. Fujita, property owner, and he has agreed to a phasing program
on the total property to include landscaping and parking provisions
as shown on the submitted overlay. This commitment will provide
for through circulation, eliminate parking on the north property
line, and comply with the 6 percent requirement for landscaping.
BZA 11-19-75 Page 3
H.B. Board of Zoning Adjustments
November 19, 1975
Page 4
ON MOTION BY PALIN AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW
NO. 75-149 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL-
LOWING VOTE:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The Conceptual plot plan received October 31, 1975, shall be
the approved layout for the first phase of this project,
subject to the modifications indicated thereon and in com-
pliance with the conceptual plan for the total development
as depicted in the overlay Exhibit A, received November 19,
1975, subject to the provision that this phase shall com-
ply with all applicable provisions of the Huntington Beach
Ordinance Code in regard to landscaping, parking, aisle
width, and circulation.
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 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 spec-
ifications on file in the Department of Public Works.
3. Fire protection systems, including automatic sprinkler sys-
tems, standpipe systems, fire hydrants, fire alarm systems,
and any other required fire protection and detection dev-
ices 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.
4. The developer shall participate in the local drainage assess-
ment district.
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
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BZA 11-19-75 Page 4
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 5
USE PERMIT NO. 75-62
Applicant: Fotomat Corporation
To permit the construction of a retail photo supply center, pursuant
to Section 9472 of the Huntington Beach Ordinance Code, located at
the northwest corner of Algonquin Street and Davenport Drive in a
C4, Highway Commercial District.
The Chairman informed the Board that this request is a Categorical
Exemption, Class III, California Environmental Quality Act, 1970.
Pete Fogarty was present to represent the application.
The Chairman opened the public hearing. There being no one present
to speak for or against the proposed project, the public hearing
was closed.
Board discussion ensued, touching upon permitted signing, landscap-
ing, and traffic control.
ON MOTION BY CROSBY AND SECOND BY PALIN, USE PERMIT NO. 75-62 WAS
APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW-
ING VOTE:
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.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan received October 29, 1975, shall
be the approved layout.
In its approval action, the Board of Zoning Adjustments considered
the following issues relating to the conceptual plan:
BZA 11-19-75 Page 5
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 6
Traffic circulation and drives;
Parking layout;
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:
A landscaping plan for each end of the facility, designed
to serve as a control item for traffic circulation. Such plan
shall be subject to review and approval action by the
Planning Department as regards planting areas and species of
planting materials.
B. GENERAL CONDITIONS:
1. Signs for the project shall conform to Article,976 of the
Huntington Beach Ordinance Code.
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
USE PERMIT NO. 75-64
Applicant: Leonard O. Lindborg
To permit the construction of a 17-unit apartment building pursuant
to Section 9202.3.1.3 of the Huntington Beach Ordinance Code, located
on the west side of Holly Street approximately 235 feet south of
Garfield Avenue in the R3, Medium High Density Residential District.
The Chairman informed the Board that Exemption Declaration No. 73-42
was granted by the Environmental Review Board on May 1, 1973, for
this project.
Rex Hoover was present to represent the application.
The Chairman opened the public hearing. There being no one present
to speak for or against the proposed project, the public hearing
was closed.
Secretary Palin pointed out the following discrepancies on the sub-
mitted plan: 1) violation of minimum drive width; 2) plan as sub-
mitted is not adequate to allow determination on the open space clear
to the sky; 3) necessary turn-arounds not indicated; 4) no recorded
agreement for reciprocal access easement has been provided; and
5) parking will need to be revised to reflect the area to be used
for turn -around.
Andy Vanderlaan indicated that the Fire Department would prefer
the turn -around to be located at dead center between this project
and the neighboring development.
BZA 11-19-75 Page 6
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Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 7
Secretary Palin made a motion to deny Use Permit No. 75-64 for
the above reasons. Motion was withdrawn when Rex Hoover requested
a continuance to allow deficiencies in the conceptual plan to be
corrected.
ON MOTION BY PALIN AND SECOND BY SPENCER, USE PERMIT NO. 75-64 WAS
CONTINUED TO THE MEETING OF NOVEMBER 26, 1975, BY THE FOLLOWING
VOTE:
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
CONDITIONAL EXCEPTION NO. 75-43
Applicant: Information Concepts Incorporated
To permit construction of a changeable copy sign in lieu of
Article 976 of the Huntington Beach Ordinance Code, located on the
southeast corner of Edinger Avenue and Beach Boulevard, in a C2,
Community Business District.
The Chairman informed the Board that this request is a Categorical
Exemption, Class V, California Environmental Quality Act, 1970.
Terry Lorenz and Everett Dodge were present to represent the appli-
cation.
The Chairman opened the public hearing.
Mr. Lorenz addressed the Board, explaining the construction and
method of operation of the proposed sign. He noted that 50 percent
of the time would be devoted to public service messages; the remain-
ing time would be advertising, which would be available to merchants
in Huntington Beach and selected national corporations, as well as
to tenants of the park. City projects could also avail themselves
of a portion of the public message time.
Mr. Dodge also addressed the Board, indicating the location of the
present sign on the site and the proposed relocation of that sign
to permit installation of this proposed message system.
There being no one else present to speak on the subject, the public
hearing was closed.
The ensuing Board review of the proposal included discussioncf the
traffic counts at the intersection, the time span allowed for each
individual message unit, the type and quantity of signing presently
existing in the park, and the question of whether or not approval
of this request would constitute setting a precedent for future
exceptions to the sign code.
BZA 11-19-75 Page 7
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 8
Pat Spencer expressed the need to obtain an opinion from the office
of the City Attorney on the offsite advertising provided by such
a sign and how approval might affect pending litigation concerning
billboards within the City limits.
ON MOTION BY PALIN AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO.
75-43 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. The sign is a new technology which was not in existence at the
time of adoption of Article 976; therefore, no provisions
could have been drafted therein to allow this type of media.
2. The applicant has concurred with the Board's condition for a
minimum 50 percent use for public service messages, which is
allowed under the Article 976 of the Huntington Beach Ordinance
Code.
3. Additional onsite advertising is available for uses within the
Huntington Executive Park, as well as provision for a logo of
the Park to be placed on the new Telespot sign, thus affording
additional advertising and identification for the Executive Park.
4. Strict compliance with the terms of Article 976 would result
in a hardship on the applicant, as considerable time has been
spent in analyzing locations within southern California for the
placement of this type of media.
5. The sign code contains no specific provisions either to allow
or prohibit signing of this nature.
6. The sign will not adversely affect other lawfully existing signs
in the area, as it is to replace an existing identification sign
of similar area at the southeast corner of Edinger and Beach,
and it will not interfere with the other signs existing on the
subject property to the south.
7. The sign will not be detrimental to the property in the vicinity,
nor will this request set any precedent since the City has pre-
viously allowed signs to be located to advertise off -premise uses
of property in the immediate area (e.g., Mercury Savings & Loan).
8. The sign will be in keeping with the character of the surround-
ing neighborhood, as it is designed with less area and height,
and is located within a planter area on the property in question,
with which all signs existing along Beach Boulevard do not so
comply.
9. The sign will not obstruct pedestrian and vehicular vision, as
it is set diagonally to and at a sufficient distance back from
BZA 11-19-75 Page 8
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 9
the property line to afford clear visibility for traffic move-
ments east and west on Edinger and north and south on Beach
Boulevard.
10. The request for this variance was necessary in that no specific
provisions of the Ordinance Code clearly and thoroughly identify
this media; therefore, it is necessary and proper in granting
the variance to state that no precedent would be set for other
signs of similar design within other areas of the City. These
actions are not to be interpreted to have any effect upon
billboards because of the difference in design, type of struc-
ture, and time length of readable message between that media
and this Telespot sign media.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS:
1. The location as indicated on the plot plan received Octo-
ber 30, 1975, shall be the approved layout.
B. GENERAL CONDITIONS:
1. At least 50 percent of the time shall be devoted to public
services, with the City of Huntington Beach having first
preference.
2. The minimum time period for a message unit shall be re-
solved with the concurrence of the City of Huntington
Beach Traffic Engineer.
3. No message time shall be greater than a period of one
minute.
AYES: PALIN, CROSBY
NOES: SPENCER
ABSENT: NONE
Pat Spencer inserted into the record his reasons for voting against,
as follows:
1. This is an improper application and did not address itself to
the proper legal advertising for the requested exception.
2. The applicant has failed to deomnstrate hardship, as required
by the Huntington Beach Ordinance Code for the granting of a
Conditional Exception.
BZA 11-19-75 Page 9
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 10
ADMINISTRATIVE REVIEW NO. 75-152
Applicant: Mike Clark Development
To permit the construction of a single-family residence pursuant
to Section 9362.23 of the Huntington Beach Ordinance Code, located
on the east side of Ninth Street approximately 50 feet north of
Walnut Avenue in the Townlot Specific Plan, Area One.
The Chairman informed the Board that this request is a Categorical
Exemption, Class III, California Environmental Quality Act, 1970.
Mike Clark was present at the meeting.
Secretary Palin pointed out to the applicant that the maximum height
on garages is 15 feet, to preclude future conversion and addition of
another unit to this project, which would exceed the maximum floor
area permitted by the Specific Plan for Area One.
ON MOTION BY PALIN AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO.
75-152 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 plot plan received November 6, 1975, shall be the approved
layout, as amended to reflect the following:
a. Amendment to reflect the proper turning radius of 27
feet for the garages._
b. Amendment to reflect single -story only on the garage, in
compliance with a maximum 15-foot,height.
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. 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.
BZA 11-19-75 Page 10
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 11
3. Fire protection systems, including automatic aprinkler
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 Depart-
ment and shall be subject to approval by the Departments
of Fire and Public Works.
4. 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
centerlines of such rights -of -way. Said improvement shall
include curbs, gutters, sidewalks, paving, street trees,
street lights, street drainage, and sewer and water main
extensions, in full compliance with the City of Huntington
Beach street standards and requirements.
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 75-153
Applicant: S & S Construction Company
To permit the construction and maintenance of a model home and
sales office complex pursuant to Section 9730.18 of the Huntington
Beach Ordinance Code, located on the west side of Magnolia Street
approximately 230 feet north of Yorktown Avenue, in an Rl, Low
Density Residential District.
The Chairman informed the Board that this request is a Categorical
Exemption, Class III, California Environmental Quality Act, 1970.
George Putnam was present to represent the application.
Mr. Putnam expressed the desire of his company not to build all
seven units at one time, but to leave one portion vacant and con-
struct another model at some future time, if needed. This approach
was discussed, along with the desirability of including another
lot in the complex to facilitate the placement of the subdivisional
directional sign.
ON MOTION BY SPENCER AND SECOND BY PALIN, ADMINISTRATIVE REVIEW
NO. 75-153 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE
FOLLOWING VOTE:
BZA 11-19-75 Page 11
Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 12
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan submitted and dated November 10,
1975, shall be the approved layout, subject to modification
as depicted thereon to reflect Lot 13 and a portion of the
lot adjacent to the south as part of the model complex
site.
2. The project shall conform to the requirements of Section
9730.18 of the Huntington Beach Ordinance Code.
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.
AYES: PALIN, CROSBY, SPENCER
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 75-155
Applicant: Jerry J. Galich
To permit the establishment of a light auto service and tune-up fac-
ility in an existing building, pursuant to Section 9451 of the Hunt-
ington Beach Ordinance Code, located at the northeast corner of Pacific
Coast Highway and Second Street, in a C3, General Business District.
The Chairman informed the Board that this request is a Categorical
Exemption, Class I, California Environmental Quality Act, 1970.
Secretary Palin reported that a request has been received from the ap-
plicant for a continuance on this proposed project.
ON MOTION BY SPENCER AND SECOND BY PALIN, ADMINISTRATIVE REVIEW NO.
75-155 WAS CONTINUED TO THE MEETING OF NOVEMBER 26, 1975, BY THE
FOLLOWING VOTE:
AYES: PALIN, SPENCER, CROSBY
NOES: NONE
ABSENT: NONE
BZA 11-19-75 Page 12
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Minutes, H.B. Board of Zoning Adjustments
November 19, 1975
Page 13
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
lc_J
James W. Palin, Secretary
Board of Zoning Adjustments
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BZA 11-19-75 Page 13