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HomeMy WebLinkAbout1976-07-28MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center Huntington Beach, California WEDNESDAY, JULY 28, 1976 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, LIPPS CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 76-25 Applicant: Emerald Engineering To permit the creation of one (1) parcel by consolidating six (6) parcels pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located on the east side of Gothard Street approxi- mately 820 feet south of Slater Avenue in an M1-A-15,000, Re- stricted Manufacturing District. The Chairman informed the Board that Negative Declaration No. 76-62 was granted by the Environmental Review Board for this request on July 27, 1976. Don Baker was present to represent the application. Secretary Palin informed the Board that a copy of suggested condi- tions of approval has been forwarded to the applicant. Mr. Baker explained that the original 25-foot lot lines had been removed from the map for tax purposes; however, they are shown on Exhibit A, which was made a part of the permanent file. ON MOTION BY PALIN AND SECOND BY CROSBY THE BOARD ADOPTED NEGATIVE DECLARATION NO. 76-62 BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ON MOTION BY PALIN AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 76-25 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: Minutes, H.B. Board of Zoning Adjustments Julv 28, 1976 Page 2 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Planning Depart- ment on July 7, 1976, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Depart- ment of Public Works and recorded with the Orange County Recorder. 3. Gothard Street shall be dedicated to City standards at the time said parcel is developed. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. 6. All utilities shall be installed underground at the time said parcel is developed. 7. The property shall participate in the local drainage assessment district at the time said parcel is developed. (Contact the Department of Public Works for additional information.) 8. A copy of the recorded parcel map shall be filed with the Planning Department. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 76-27 Applicant: Emerald Engineering To permit the creation of one (1) parcel of land by consolidation cf eight (8) parcels pursuant to Section 9930.2 of the Huntington Beach Ordinance Code, located on the west side of Metzler Lane approximately 345 feet south of Slater Avenue in an M1-A-15,000-CD, Restricted Manufacturing District. Don Baker was present to represent the application. The Chairman informed the Board that Negative Declaration No. 76-63 was granted by the Environmental Review Board for this request on July 27, 1976. �J BZA 7=28-76 Page 2 Minutes, H.B . Board of Zoning Adjustments July 28, 1976 Page 3 Secretary Palin informed the Board that a copy of the suggested conditions of approval has been forwarded to the applicant. The original 25-foot lots are indicated on Exhibit A, made a part of the permanent file. The Board reviewed setbacks on the property and the utility easement. ON MOTION BY PALIN AND SECOND BY LIPPS THE BOARD ADOPTED NEGATIVE DECLARATION NO. 76-27 BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ON MOTION BY PALIN AND SECOND BY CROSBY TENTATIVE PARCEL MAP NO. 76-27 WAS ADOPTED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE. 1. The tentative parcel map received by the Planning Department on July 8, 1976, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Depart- ment of Public Works and recorded with the Orange County Recorder. 3. Metzler Lane shall be dedicated to City standards at the time said parcel is developed. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. 6. All utilities shall be installed underground at the time said parcel is developed. 7. Compliance with all applicable City Ordinances. 8. The property shall participate in the local drainage assessment district at the time said parcel is developed. (Contact the Department of public ?ATorks for additional information.) BZA 7-28-76 Page 3 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 4 9. A copy of the recorded parcel map shall be filed with the Planning Department. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE USE PERMIT NO. 76-42 Applicant: Thomas Shelton To allow a modification to the conditions of approval (No. C-1, Roof- ing Materials) for a previously approved mobile home park, pursuant to Section 9242.1 of the Huntington Beach Ordinance Code, located at the southwest corner of Ellis Avenue and Newland Street in an MH, Mobilehome District. The Chairman informed the Board that this project is covered by EIR 74-11. The Chairman opened the public hearing. Tom Shelton was present at the meeting and addressed the Board to explain the problems encountered under a strict interpretation of the term "composition shingles," citing the heavier and costlier construction needed to support the asphalt -based shingles. He presented samples of an aluminum -based shingle with textured, non -glare coating for the Board's consideration. It was his belief that the samples were basically the same materials and finish as the asphalt composition shingles except that they meet the weight ' . requirements of Title 25 of the State Mobilehome Code. Various people in the audience addressed the Board both in support of the change in the condition and in opposition. Those in support of the lighter material cited the economic hardship to which they will be subjected; those in opposition were mainly residents of the homes on the bluff overlooking the mobilehome project and spoke against any relaxation of the original conditions on aesthetic grounds. Secretary Palin reviewed the administrative history of this project, followed by extensive further discussion. The Chairman closed the public hearing. ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 76-42 WAS DENIED BY THE FOLLOWING VOTE FOR THE FOLLOWING REASONS: REASONS FOR DENIAL: 1. The original intent of Condition No. C-1 was to establish a residential appearance, from both within as well as when viewed from above, to the mobile home units; therefore, to allow only non -glare roofing material would have a detrimental effect upon persons residing in the area. �l BZA 7-28-76 Page 4 Minutes, H. B. Board of Zoning Adjustments July 28, 1976 Page 5 2. If the proponent for this mobilehome park felt that the original condition, which stipulated shake, cedar, or com- position shingles, was too restrictive and could not be complied with, an appeal should have been filed within the standard 10-day appeal period and not at some later date when the construction is about complete and they are requesting occupancy of the mobilehome park. 3. The proponent has not submitted sufficient justification on the cost differential between freestanding (if that is what is necessary for support of the original roofing materials) and those costs incurred through the use of aluminum with granular composition shingles to allow approval of a number of varying types of non -glare materials only. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE The proponent was advised of his right to appeal to the Planning Commission within the 10-day appeal period. CONDITIONAL EXCEPTION NO. 76-33 Applicant: Melvin C. Amerman To permit a zero (0) side yard setback in lieu of the 10-foot side yard setback required by Section 9434.2(b) of the Hunting- ton Beach Ordinance Code, located on the south side of Hamilton Street approximately 150 feet west of Beach Boulevard in a C4, Highway Commercial District. The Chairman informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Mr. Amerman was present at the meeting; he explained that he had received incorrect information on the zoning of the abutting property, having been notified last week that it is residential rather than commercial and will require the ten (10) foot side yard setback. This set- back on his plans will not leave sufficient room to satisfy the parking requirements and the plans are to the point of beginning construction. Marc Porter, representing the owners of the abutting property, addressed the Board in opposition to the request, pointing out that the zero lot line would place severe building restraints on that property and limit the options for later development. There being no other persons to speak for or against the proposal the public hearing was closed. BZA 7-28-76 Page 5 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 6 Board discussion ensued, covering possible rezoning of the residential property to commercial and what if any plans the abutting owners have for their property. Secretary Palin apologized to the applicant for any staff error which may have caused his problem; adding, however, that this does not justify granting a zero setback against the wishes of the adjoining owner. ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 76-33 WAS DENIED FOR THE FOLLOWING REASONS BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The proponent has failed to demonstrate hardship to justify grant- ing of the conditional exception. 2. The abutting property owner is in opposition to the zero setback because it is felt that said setback would encumber his property and reduce options for development thereon. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 76-34 Applicant: A.C. Marion To allow an approximately 15 foot encroachment into the interior side yard setback and an approximately twenty (20) foot encroachment into the front and exterior side yard setbacks in lieu of Section 9225(a)(b) of the Huntington Beach Ordinance Code, located on the northwest corner of Ellis Avenue and Goldenwest Street in the RA-O-CD (Residential Agricultural combined with Oil District. The Chairman informed the Board that this request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. The Chairman opened the public hearing. There being no one present to speak on the proposal, the public hearing was closed. Secretary Palin informed the Board that the applicant has filed a Conditional Use Permit and it would be appropriate to refer this request up to the Planning Commission to be heard in concurrence with the C.U.P. ON MOTION BY CROSBY AND SECOND BY PALIN CONDITIONAL EXCEPTION NO. 76-34 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF AUGUST 3, 1976, TO BE HEARD IN CONJUNCTION WITH CONDITIONAL USE PERMIT NO. 76-16, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 7-28-76 Page 6 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 7 ADMINISTRATIVE REVIEW NO. 76-99 Applicant: Richard Ostrowski To permit the construction of a 14,000 square foot industrial building pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the north side of McFadden Avenue approximately 125 feet west of 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, adopted by the City Council on March 18, 1974. Mr. Ostrowski and Evan Janes were present at the meeting. Secretary Palin noted the following problems on the site: 1) the easement along the westerly property line requires structures to set back five feet from the easement line (the staff therefore recommends flipping the plan on the site);2) the three parking spaces taking access via separate curb cuts; and 3) the side yard setback of 1'6" cannot be allowed - applicant was advised to either go to zero setback or conform to code requirements. The Board and the applicants discussed the layout and the moving of the building so that it is at common zero setback with the adjoining building. This plan opens up the parking and solves the access problems and is also within the intent of the City when the zero lot line concept was adopted for the industrial park. After further discussion the applicants concurred with the above approach with the option of a later application for a variance to allow the plan as presented; they were advised by Mr. Palin that, should that variance be granted, the approved plot plan could be substituted at that time and would not affect the validity of the present approval. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 76-99 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 and elevations received July 19, 1976, shall be the approved layout, subject to the modification described herein: A revised plot plan shall be submitted to the Board of Zoning Adjustments, showing the reverse plan with zero set- back along the easterly property line of subject site. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: BZA 7-28-76 Page 7 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 8 • 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 equip- ment 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 De- partment 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 sys- tems 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. All applicable fees shall be paid prior to issuance of build- ing permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. All required on -site trees shall be planted, pursuant to the original conditions of approval imposed on Tentative Tract No. 6948. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 7-28-76 Page 8 Minutes, H.B. Board of Zoning Adjustments July.28, 1976 Page 9 ADMINISTRATIVE REVIEW NO. 76-100 Applicant: Foxx Development Corporation To permit the construction of a three (3) unit apartment pursuant to Section 9201.2 of the Huntington Beach Ordinance Code, loc- ated on the southeast corner of 20th Street and Orange Avenue in an R3, Medium -High Density Residential District. The Chairman informed the Board that this request is a Categ- orical Exemption, Class III, California Environmental Quality Act, 1970. Linda Taylor was present to represent the application. The Board reviewed the proposed plan and found it to be in con- formance with code. Secretary Palin expressed concern with the lack of any indication of parking assignments, noting that proper assignment would enhance the desirability of the unit open areas. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 76-100 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 July 19, 1976, shall be the approved layout, subject to the follow- ing: Consideration should be given to the assignment of the parking for Unit No. 1. 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 two and one-half feet (2-1/21) of right-of-way on the alley and a twenty foot (20') radius curve at the inter- section of Orange Avenue and 20th Street shall be dedicated. BZA 7-28-76 Page 9 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 10 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 sys- tems, standpipe systems, fire hvdrants, fire alarm systems, and any other required fire protection and detection devices or systems shall comply with the specifications of the Hunting- ton 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 assess- ment district. 6. All applicable fees shall be paid prior to issuance of build- ing permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Orange Avenue, 20th 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 requirements. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-101 Applicant: Hedley Beesley To permit the construction of an 11,500 square foot industrial build- ing pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the north side of McFadden Avenue approximately 265 feet west of 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, adopted by the City Council on March 18, 1974. Secretary Palin informed the Board that a request has been received from the applicant for a continuation for one week. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 76-101 WAS CONTINUED AT THE REQUEST OF THE APPLICANT TO THE MEETING OF AUGUST 4, 1976, BY THE FOLLOWING VOTE: BZA 7-28-76 Page 10 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 11 AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 76-103 Applicant: Ralph Hupka To permit a 495 square foot room addition to an existing struc- ture pursuant to Section 9384.16 of the Huntington Beach Ordinance Code, located on the east side of llth Street approximately 50 feet north of Pecan Avenue in the Townlot Specific Plan Area One, Section A. The Chairman informed the Board that this request is a Categori- cal Exemption, Class I, California Environmental Quality Act, 1970. The Board reviewed the proposed plan. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO 76-103 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plan received and dated July 21, 1976, shall be the approved layout. 2. Applicant shall comply with all applicable provisions of the Huntington Beach Ordinance Code. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 76-92 (Reconsideration) Applicant: Parking Company of America To permit the establishment of a 200-space seasonal parking lot pursuant to Section 9730.28.1 of the Huntington Beach Ordinance Code, located on the north side of Pacific Coast Highway east of Newland Street in an M2-0 Industrial District. Chairman Crosby reviewed the history of this application and noted that the Traffic Division has come up with additional information not available when this request was originally denied. BZA 7-28-76 Page 11 Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 12 Mr. Chavez was present at the meeting. ON MOTION BY CROSBY AND SECOND BY LIPPS THE BOARD VOTED TO RECONSIDER THE APPLICATION, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE The Board reviewed the proposed project again in light of the informa- tion contained in the memo from the Traffic Engineer. ON MOTION BY CORSBY AND SECOND BY PALIN ADMINISTRATIVE REVIEW NO. 76-92 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS OR OPERATION OF THE LOT: 1. The plot plan received and dated July 21, 1976, shall be -the approved layout, as amended thereon. 2. The applicant shall conform to all provisions of Section 9730.28.1 of the Huntington Beach Ordinance Code. 3. The entire parking area shall be fenced to prevent vehicular access except at Newland.Street. 4. The entrance and exit shall be operated only on Newland Street in a location as far northerly as practical. 5. The location for the payment of parking fees shall be a minimum of fifty (50) feet from the right-of-way line of Newland, to prevent the "stacking" of vehicles in Newland Street. B. GENERAL CONDITION: 1. The permit shall be subject to an annual review to deter- mine if a traffic hazard has been created. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 7-28-76 Page 12 GI Minutes, H.B. Board of Zoning Adjustments July 28, 1976 Page 13 ADMINISTRATIVE REVIEW NO. 76-43 (Landscape Plan) Applicant: Prince Development Company Landscape plan for a previously approved industrial building located on the south end of Crabb Lane approximately 135 feet south of Liberty Drive in an Ml, Light Industrial District. The Board review of the proposed landscaping determined that the proposal complied with the intent of the original approval of the project. It was also noted that the irrigation system has been provided as required. ON MOTION BY PALIN AND SECOND BY LIPPS THE LANDSCAPING PLAN RECEIVED AND DATED JULY 27, 1976, WAS APPROVED TO SATISFY CONDI- TIONS OF APPROVAL FOR ADMINISTRATIVE REVIEW NO. 76-43, BY THE FOLLOWING VOTE: 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 BZA 7-28-76 Page 13