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HomeMy WebLinkAbout1976-04-07MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, APRIL 7, 1976 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, LIPPS CITY STAFF PRESENT: MEL OTT, CHUCK BURNEY REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 76-4 (Continued from 2-18-76) Applicant: William D. Vaughn To permit the construction of a twelve (12) foot high fence along the property line, which is 6 feet over the 6 foot permitted height, in lieu of Section 9204 of the Huntington Beach Ordinance Code, located on the east side of Florida Street, approximately 450 feet north of Garfield Avenue in an R3, Medium High Density Residential District. The Chairman informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman reopened the public hearing. Mr. William Vaughn was present and addressed the Board, noting that the requested fencing would be no higher than the existing fence along this property line, due to_grade differential. He also said that the 120 feet of fencing would not affect or obstruct the view of the adjacent parking of the project.to the north. There being no other persons to speak for or against the proposed exception, the public hearing was closed. The Board reviewed the history of the application, the grade on abutting property, and the height of the existing masonry wall. ON MOTION BY PALIN AND -.SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 76-4 WAS APPROVED -WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1." The height of the wall will not exceed that which is permitted by Ordinance Code on the block wall immediately to the west. 2. To require that.the developer set aside a five- or ten -foot setback for this fence would render the area unusable for recreation purposes. Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 2 CONDITIONS OF APPROVAL: 1. The height of the chain link fence shall not exceed the top of the existing block wall to the west. 2. The fence shall be constructed of a vinyl- or plastic -coated material for maintenance purposes. 3. The color of the fencing material shall•be approved by the Board of Zoning Adjustments. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE USE PERMIT NO. 76-14 (Continued from 3-17-76) Applicant: W. Sterling Buck & Associates To permit the construction of a 240-unit apartment complex pursuant to Section 9162.3.1 of the Huntington Beach Ordinance Code, loc- ated at the southwest corner of Bolsa Chica Street and Heil Avenue in an R2, Medium Density Residential.District. The Chairman informed the Board that Negative Declaration No. 76-16 was approved by the Environmental Review Board for this project on March 23, 1976. Secretary Palin notified the Board that the developer is revising his plan to conform to proposed street realignments in the area and has verbally requested a continuance of this application. ON MOTION BY PALIN AND SECOND BY CROSBY, USE PERMIT NO. 76-14 WAS CONTINUED TO THE MEETING OF APRIL 14, 1976, AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-5 Applicant: W. Sterling Buck & Associates To permit a three (3) lot division of land pursuant to Section 9930.1 of the Huntington Beach Ordinance Code, located on the east side of Florida Street approximately 100 feet north of Yorktown Avenue in an R2, Medium Density Residential District. The Chairman informed the Board that Negative Declaration No. 76-22 was granted by the Environmental Review Board on April 6, 1976, for -this request. BZA 4-7-76 Page 2 Minutes, H.B. Board of Zoning Adjustments April 7: 1976 Page 3 Don Baker was present to represent the applicant. The Board reviewed the proposed division of land, discussing the drive access to the future units and the dimension of the lots. ON MOTION BY CROSBY AND SECOND BY LIPPS, THE BOARD ADOPTED NEGATIVE DECLARATION NO. 76-22, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ON MOTION BY CROSBY AND SECOND BY LIPPS, TENTATIVE PARCEL MAP NO. 76-5 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Planning Depart- ment on March 17, 1976, shall be the approved layout. 2. A parcel map shall be filed with, and approved by, the Department of Public Works,and recorded with the Orange County Recorder. 3. Florida Street shall be dedicated to City standards at the time said parcels are developed. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 6. All utilities shall be installed underground at the time said parcels are developed. 7. Compliance with all applicable City ordinances. 8. The flood control channel shall be fenced to Flood Control District standards and City standards at the time said parcels are developed. 9. The property shall participate in the local drainage assess- ment district at the time said parcels are developed. 10. A copy of the recorded parcel map shall be filed with the Planning Department. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-7-76 Pace 3 Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 4 TENTATIVE PARCEL MAP NO. 76-7 Applicant: W.H. & Florece Thomas - E.W. & Elinor Lundquist To permit the consolidation of two (2) existing lots into one (1) parcel, pursuant to Section 9930.1 of the Huntington Beach Ordinance Code, located on the east side of 15th Street approximately 50 feet north of Olive Avenue in the Townlot Specific Plan Area One, Section B. The Chairman informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Board reviewed the lot line adjustment which was a condition imposed on the approval of Administrative Review No. 76-25. ON MOTION BY PALIN AND SECOND BY LIPPS, TENTATIVE PARCEL MAP NO. 76-7 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPACY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Planning Department on March 24, 1976, shall be the approved layout. 2. A parcel map shall be filed with, and approved by, the Department of Public Works, and recorded with the Orange County Recorder. 3. A copy of the recorded parcel map shall be.filed with the Huntington Beach Planning Department. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-34 Applicant: M. Kathleen Martin To establish 24-hour care for six (6) non -related persons pursuant to Section 9730.27 of the Huntington Beach Ordinance Code, located on the east side of Tranquil Lane approximately 245 feet north of Midbury Drive in an R1, Low Density Residential District. The Chairman informed the Board that Notice of Exemption No. 76-13 has been issued by the Department of Environmental Resources for this application. The Chairman opened the public hearing. Mrs. Kathleen Martin was present and addressed the Board to explain the proposed operation in terms of ages of the proposed non -related persons, type of care to be provided, and type of license required by the State. I BZA 4-7-76 Page 4 L fl n Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 5 The following persons addressed the Board in opposition to the proposed project: James T. Jerannis, 20041 Tranquil Lane Bob Machado, 20102 Tranquil Lane Howard Scott, 20052 Tranquil Lane Grace Callaway John Villanueva, 20072 Tranquil Lane Judy French, 20071 Tranquil Lane Lynn Holton, 20022 Tranqil Lane Robert Curry, Tranquil Lane. The above persons, as well as others in the audience, objected to the proposed project going into the R-1 neighborhood, citing detrimental effects to be expected to children, lowering of property values, potential police problems, the posssibility of other such uses following this one into the area, and the impact on parking and traffic which might result from visitors to such a use. The people in opposition were also concerned about the ownership of the property and the fact that the applicant her- self is not planning to reside in the house. The Chairman closed the public hearing. Secretary Palin explained the State legislation which makes such a use permissible in a residential zone under certain controlled conditions and the subsequent City ordinance which was drafted to comply with the State law. The Board reviewed the request in the light of its compliance with the provisions and intent of the enabling legislation. ON MOTION BY PALIN AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO. 76-34 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: REASON FOR DENIAL: The subject application does not fall.within the intent of the provisions drafted by the City Council to provide a "home -living environment" for the care of non -related persons, pursuant to Section 9730.27 of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE The applicant was advised by the Chairman of her right to appeal and of the time limitation for such appeal. BZA 4-7-76 Page 5 Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 6 ADMINISTRATIVE REVIEW NO. 76-35 Applicant: Foxx Development Company To permit the construction of two (2) single-family dwellings pur- suant to Section 9384.16 of the Huntington Beach Ordinance Code, located at the southeast corner of Acacia Avenue and 19th Street in the Townlot Specific Plan Area One, Section B. The Chairman informed the Board that this request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Bob Jarrard was present at the meeting. The Board reviewed the request with the applicant, who indicated a willingness to change the elevations to comply with the Board's - wishes. ON MOTION BY PALIN AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 76-35 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 and elevations received March 29, 1976, shall be the approved layout, subject to the modifi- cations described herein: a. Plan shall provide a 27-foot turning radius into the garages. b. Special architectural treatment for the roof line of the garage on'the exterior side yard shall be provided, for aesthetic purposes. Said modifications shall be delineated on the plan submitted to the Department of Building and Community Development upon application for building permits. 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 4-7-76 Page 6 Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 7 2. In accordance with the City's standards and requirements, an additional two and one-half feet (2-1/2') of right- of-way on the alley and a twenty foot (201) radius at the intersection of 19th Street and Acacia Avenue shall be dedicated. 3. 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. 4. Fire protection systems, including automatic sprinkler systems, standpipe systems, fire hydrants, fire alarm systems, and any other required fire protection and detec- tion devices or systems shall comply with the specifica- tions 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 Depart- ments of Fire and Public Works. 5. The developer shall participate in the local drainage assessment district. 6. All applicable fees shall be paid prior to issuance of building permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Acacia Avenue, 19th 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 signs, street drainage, and sewer and water main extensions, in full compliance with the City of Huntington Beach street standards and require- ments. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-44 Applicant: Huntington Beach Industrial Park To permit construction of two single -story, tilt -up industrial buildings pursuant to Section 9511 of the Huntington Beach Ordin- ance Code, located at the northwest corner of McFadden Avenue and Graham Street in a 100-M1-A-20,000 Restricted Manufacturing District. The Chairman informed the Board that this request is covered by EIR 73-16, approved by the City Council on March 18, 1974. BZA 4-7-76 Page 7 Minutest H,B. Board of Zoning Adjustments April 7, 1976 Page 8 Dave Ariss was present to represent the application. The Board reviewed the request with the applicant. ON MOTION BY PALIN AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO. 76-44 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: 1. The applicant shall comply with all applicable provisions of the M1-A District. 2. The applicant shall comply with all applicable conditions im- posed upon the approval of Tentative Tract No. 6948. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE' MISCELLANEOUS AGENDA ITEMS: SPECIAL EVENT NO. 76-7 Applicant: Joy Collier To permit a temporary outside display for an Easter sale to take place from April 10 through April 25, 1976, during the hours of 9 a.m. to-7 p.m. on property located at 16182 Pacific Coast Highway. Joy Collier was present at the meeting. The Board reviewed the proposed location of clothing racks in rela- tion to drive approaches and instructed the applicant on the necessary insurance for the use. ON MOTION BY CROSBY AND SECOND BY PALIN, SPECIAL EVENT NO. 76-7 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received April 6, 1976, shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An onsite 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: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 4-7-76 Page 8 Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 9 SPECIAL EVENT NO. 76-8 Applicant: Huntington Harbour Anglers To permit a fund-raising garage sale on May 8, 1976, in the parking lot of the Huntington Harbour Boardwalk. No one was present to represent the application. Board review centered upon possibility of blocking drive accesses by any merchandise displays. ON MOTION BY PALIN AND SECOND BY CROSBY, SPECIAL EVENT NO. 76-8 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received April 7, 1976, shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An onsite 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. 5. The display area shall be roped off and shall not block any emergency access along the westerly portion of the E1 Rancho market. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE SIGN REQUESTS: SIGN REQUEST NO. 7239 Applicant: Parson Sign Company Walt Lipps reported that the sign as requested meets the ordin- ance code requirements. ON MOTION BY PALIN AND SECOND BY LIPPS, SIGN REQUEST NO. 7239 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The sign plan received and dated April 2, 1976, shall be the approved layout, with the design and colors as shown thereon. BZA 4-7-76 Page 9 Minutes, H.B. Board of Zoning Adjustments April 7, 1976 Page 10 2. The applicant shall comply with all requirements of Article 976 of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. James W. Palin, Secretary Board of Zoning Adjustments :df 1 BZA 4-7-76 Page 10