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HomeMy WebLinkAbout1977-06-22Fil MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 22, 1977 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, LIPPS CITY STAFF PRESENT: NONE MINUTES: ON MOTION BY CROSBY AND SECOND BY PALIN THE MINUTES OF THE REGULAR MEETINGS OF JUNE 8 AND JUNE 15, 1977, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 77-108 Applicant: LeRoy M. Lovato/Carmen S. DeWitt To permit the 24-hour care of up to six (6) non -related female adults from the ages of 18 to 64 pursuant to Section 9730.27 of the Huntington Beach Ordinance Code, located at 19041 Woodward Lane on the west side of the street approximately 200 feet south of Garfield Avenue in an R1, Low Densitv Residential District. This request is exempt from environmental review per Section 15060 of the California State Environmental Guidelines. Chairman Lipps opened the public hearing. LeRoy Lovato, Carmen DeWitt, Lynn Slaven, and Linda Martinez were present to represent the application. Secretary Palin reported to the Board that a petition bearing approximately 80 signatures of neighbors in the immediate vicinity has been received in opposition to the proposal. A letter has also been received from Mr. Harper, leaseholder on the subject property, requesting that the project be denied. Each proponent addressed the Board, explaining the proposed pro- ject and the arrangements for the care of the patients. Bill Bushard, Mr. and Mrs. Del Bowman, Mr. and Mrs. Richard Tickle, Dan Skirtin, and Peggy Lawton addressed the Board as representa- tives from the audience, speaking against the granting of the sub- ject request. Points covered by the speakers were: the method Minutes, Huntington Beach Board of Zoning Adjustments June 22, 1977 Page 2 and area of notification, which were considered to be inadequate; the types and mental stability of the residents to be cared for; the effects on the neighborhood children; the over -use of the dwelling by too many people; the alleged violation of the CC&R's for the tract; and how emergency situations (e.g., possible ambu- lance or police vehicles which might enter the tract as a result of the use) would be handled. Also of prime concern to those who spoke was the effect such a use would have on the original R-1, single-family nature of the area. Mr. Slavin and Linda Martinez, representatives of the Orange County Health Department, responded to the questions of the audi- ence, citing their attempts to contact and inform adjacent residents of the nature of the use prior to the application being processed. There being no further persons to address the Board, the public hearing was closed. Extensive discussion by the Board included the types of patients, licensing procedures, administration of required medication, the type of supervision and the training and qualifications of the supervisors, the number of people who could be allowed to reside in the dwelling (including all residents, patients, caretakers, and the children of caretakers), and whether or not the use would comply with the original intent of providing a home -like atmosphere for the patients. Jim Palin and Walt Lipps both expressed a need for more definitive criteria from the Planning Commission and the City Council on the processing of applications of this nature. It was also noted that a night public hearing would permit more of the residents of the area to attend and express their views in regard to the pro- ject. Secretary Palin further informed those present that a check would be made on the preparation and distribution of the notices which were sent out on the project prior to this meeting, and cor- rections would be made if the distribution list were to be found in error. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 77-108 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF JULY 19, 1977, AT THE HOUR OF 7:00 PM, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE USE PERMIT NO. 77-57 (Cont. from 6-1-77) Applicant: Mr. & Mrs. L. R. Peterson To permit construction of a new single-family dwelling and a one - bedroom apartment on a site having two existing apartment units BZA 6-22-77 Page 2 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 3 pursuant to Section 9161.4(2) of the Huntington Beach Ordinance Code, located at the southwest corner of Indianapolis Avenue and Florida Street in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. A request has been received from the applicant for a continuance to permit revision to the plans. ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 77-57 WAS CONTINUED TO THE MEETING OF JULY 13, 1977, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 77-33 (In Conj./UP 77-59) Applicant: Thomas H. Bernatz To permit a commercial building to be constructed at zero setback on the side property line in lieu of the ten (10) foot required setback per Section 9434.1 of the Huntington Beach Ordinance Code, located on the west side of Brookhurst Street approximately 150 feet south of Hamilton Avenue in a C4, Highway Commercial Dis- trict. This request is a Categorical Exemption, Class V, California En- vironmental Quality Act, 1970. Chairman Lipps opened the public hearing. Thomas Bernatz was present at the meeting to explain his reasons for the variance request. There being no other persons to address the Board, the public hearing was closed. Board review of the proposed siting ensued, taking into considera- tion the size and shape of the property, the access easement thereon, and the view from the intersection which would be presented if the building were oriented with the rear elevation at the north property line. ON MOTION BY PALIN AND SECOND BY LIPPS CONDITIONAL EXCEPTION NO. 77-33 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The size and shape of the property and the prior creation of an access easement located generally in a central location within the 60-foot strip place restrictions on the site and do not allow parity with other properties similarly zoned within the community. BZA 6-22-77 Page 3 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 4 2. The location of the building as shown on the site plan is a more desirable location from an aesthetic point of view than would be construction of a building at zero setback along the northerly property line of the same parcel, which would result in a structure with the rear elevation to the intersec- tion of a major feeder street to the beach area. 3. Granting of this request will not be detrimental to persons living or working in the vicinity, and does not constitute granting of special privilege. CONDITIONS OF APPROVAL: 1. Elevations for the building proposed at zero setback along the south property line within the 60-foot wide panhandle area of the subject property shall1be submitted to the Board of Zoning Adjustments for review and approval action prior to the issuance of building permits, in order to assure that the rear of the building has taken into consideration architectural treatment, design, and materials similiar-to the front and northerly elevations. 2. The exact siting of the building shall be reviewed by the Board of Zoning Adjustments based upon future determination as to the setback caused by the wall width at the location of the garages at zero setback on the property to the south and, if necessary, sufficient separation shall be required to be provided to assure proper maintenance of the southerly wall of the proposed building. 3. Signs for the facility shall be approved by the Board of Zon- ing Adjustments as a ground monument type prior to issuance of building permits. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE USE PERMIT NO. 77-59 (In Conj./CE 77-33) Applicant: Thomas H. Bernatz To permit construction of a 9500 square foot commercial building pursuant to Section 9472 of the Huntington Beach Ordinance Code, located on the west side of Brookhurst Street approximately 150 feet south of Hamilton Avenue in a C4, Highway Commercial Dis- trict. This request is covered by Negative Declaration No. 77-70. Chairman Lipps opened the public hearing on the Negative Declara- tion and the Use Permit applications. Thomas Bernatz was present at the meeting. The Board reviewed the information contained in BZA 6-22-77 Page 4 11 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 5 the negative declaration request and considered mitigation measures applicable to the project. ON MOTION BY PALIN AND SECOND BY LIPPS THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARA- TION NO. 77-70 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS B-1 THROUGH B-5 IMPOSED UPON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE Mr. Bernatz reviewed with the Board the types of materials, architectural treatment proposed, and setback requirements for the building. There being no other persons to address the Board in regard to this project, the public hearing was closed. The Board reviewed the requested use. ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 77-59 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING 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 plot plan received and dated June 7, 1977, shall be the approved conceptual 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; BZA 6-22-77 Page 5 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 6 . 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 signing for the facility shall come back to the Board of Zoning Adjustments for review and approval prior to issuance of building permits. 3. All applicable fees shall be paid prior to issuance of building permits. B. GENERAL CONDITIONS: 1. 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. 2. Energy -saving lighting, such as high pressure sodium vapor lamps, shall be used in parking lots. 3. Crime prevention techniques shall be applied to the design of the project (e.g., single -cylinder locks, etc.). 4. Low -volume heads shall be used on all spigots and water faucets. 5. All holding tanks for toilet facilities shall be equipped for a capacity of 3.5 gallons if such facilities are available at the time of construction. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-83 Applicant: Dan and Joan Kemp To permit the stabling and care of four (4) ponies and one (1) horse within an Rl zone pursuant to Section 9631 of the Hunting- ton Beach Ordinance Code, located on the west side of Lynn Street approximately 450 feet north of Los Patos in an R1, Low Density Residential District. This request is covered by Negative Declaration No. 77-69. Chairman Lipps opened the public hearing on the negative declara- tion. Dan Kemp was present at the meeting and explained his operation and maintenance of the existing use on the property. There being no other persons to address the Board in regard to the proposal, the public hearing was closed. BZA 6-22-77 Page 6 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 7 ON MOTION BY PALIN AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARA- TION NO. 77-69, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE The Board reviewed the requested use. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 77-83 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: 1. All applicable provisions of Article 963 of the Huntington Beach Ordinance Code shall be complied with, with the exception of the 100-foot setback required therein from property zoned, used, or Master Planned for residential purposes. 2. At such time as a residential unit or units shall be constructed and occupied within the 100-foot distance from the actual stables, the use granted under this application shall be termin- ated. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 77-21 Applicant: Valley Consultants To permit the consoldiation of three (3) parcels into one (1) parcel pursuant to Section 9921 of the Huntington Beach Ordinance Code, located on the east side of Gothard Street approximately 595 feet south of Slater Avenue in an Ml, Light Industrial District. This request is covered by Negative Declaration No. 77-68. Chairman Lipps opened the public hearing on the negative declara- tion. The Board reviewed the information contained in the nega- tive declaration request form. There being no one present to address the Board, the public hearing was closed. ON MOTION BY PALIN AND SECOND BY LIPPS THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 77-68 BY THE FOLLOWING VOTE: AYES: PALIN,t CROSBY, LIPPS NOES: NONE ABSENT: NONE BZA 6-22-77 Page 7 Minutes, H.B . Board of Zoning Adjustments June 22, 1977 Page 8 Ron Winterburn was present at the meeting and indicated his receipt of and concurrence with the suggested conditions of approval previously forwarded to him. ON MOTION BY PALIN AND SECOND BY CROSBY THE BOARD APPROVED TENTA- TIVE PARCEL MAP NO. 77-21 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 May 24, 1977, 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. Gothard Street shall be dedicated and improved to City standards at the time said parcel is developed. 4. Water supply shall be through the City of Huntington Beach water system at the time said parcel is developed. 5. Sewage disposal shall be through the City of Huntington Beach 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. 9. A copy of the recorded parcel map shall be filed with the Planning Department. 10. Access rights to Gothard Street shall be dedicated to the City of Huntington Beach except at driveway intersections. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-55 Applicant: Foxx Development Corporation To permit the construction of six (6) single-family dwellings pur- suant to Section 9354.16 of the Huntington Beach Ordinance Code, BZA 6-22-77 Page 8 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 9 located on the east side of 21st Street approximately 100 feet north of Walnut Avenue in the Townlot Specific Plan Area One, Section B. This request is covered by Negative Declaration No. 77-71. Chairman Lipps opened the public hearing on the negative declara- tion request. No one was present to represent the application. The Board considered the information contained in the negative declaration request and mitigating measures applicable to the project. The public hearing was closed. ON MOTION BY PALIN AND SECOND BY LIPPS THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMMENT ADOPTED ND 77-71 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS B-1 THROUGH B-7 IMPOSED UPON AR 77-55, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE The Board reviewed the request, and found the plan to comply with code requirements. It was noted, however, that additional right-of-way dedication of two and one-half feet on the alley will be required behind lots 10 through 20. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-55 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 plot plan received and dated March 29, 1977, shall be the approved layout. In its approval action, the Board of Zoning Adjustments consid- ered 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. All applicable fees shall be paid prior to issuance of building permits. BZA 6-22-77 Page 9 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 10 B. 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 conditioning 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 locations of clothes dryers, and natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. Energy -saving lighting, such as high pressure sodium vapor lamps, shall be used in parking lots and recreation areas. 5. Crime prevention techniques shall be applied to the design of the project (e.g., single -cylinder locks, etc.). 6. Low -volume heads shall be used on all spigots and water faucets. 7. All holding tanks for toilet facilities shall be equipped for a capacity of 3.5 gallons if such facilities are available at the time of construction. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 77-24 Applicant: Ronald L. O'Neal To permit consolidation of two (2) lots into one parcel pursuant to Section 9921 of the Huntington Beach Ordinance Code, located at the southeast corner of Talbert Avenue and Redondo Circle in an Ml-A, Restricted Manufacturing District. Ronald O'Neal was present at the meeting and submitted a tenta- tive title report indicating the existence of a public utility easement on subject property; this easement is recorded in Book 11303, page 509, of the official records. Mr. O'Neal also indicated his receipt of and concurrence with the suggested conditions of approval on this map which were previously forwarded to him. BZA 6-22-77 Page 10 1 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 11 ON MOTION BY PALIN AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 77-24 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. A parcel map shall be filed with and approved by the De- partment of Public Works and recorded with the Orange County Recorder. 2. A copy of the recorded parcel map shall be filed with the Planning Department. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-111 Applicant: Mike Crowder To permit construction of a 12,000 square foot industrial build- ing pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the north side of Engineer Drive approximately 125 feet west of Transistor Lane in an M1-A, Restricted Manufac- turing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mike Crowder was present at the meeting. Board review found the plans to be in conformance with ordinance code requirements except that the utility easement is not shown at the front property line and the street section of Engineer Drive is incorrect. The appli- cant was informed that the five (5) inch interior setback would be allowed only if the building is adjacent to open yard area on the adjacent, a determination which will be made upon submittal for building permits. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 77-111 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 site plan received and dated June 14, 1977, shall be the approved conceptual layout, subject to the modifica- tions described herein: BZA 6-22-77 Page 11 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 12 a. The plan shall reflect a ten (10) foot setback from the five (5) foot utility easement at the front property line. b. The half -street section of Engineer Drive shall be changed to reflect a dimension of 2216". The plan submitted to the Department of Building and Community Development upon application for building permits shall reflect the modifications outlined above. 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 five (5) inch setback shown on the plans shall be allowed only if the building is adjacent to open yard area of an already constructed or approved for construction building on the adjacent property. Otherwise, the side setback shall be zero. 3. All applicable fees shall be paid prior to issuance of building permits. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-112 Applicant: Mike Crowder To permit construction of a 12,000 square foot industrial build- ing pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the north side of Engineer Drive approximately 25 feet west of Transistor Lane in an Ml-A, Restricted Manufactur- ing District. This request is)covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mike Crowder was present at the meeting. Board review found the plans to be in conformance with ordinance code requirements ex- cept that the utility easement is not shown on the front property line and the street section of Engineer Drive is incorrect. The BZA 6-22-77 Page 12 1 Minutes, H.B. Board of Zoning Adjustments June 22, 1977 Page 13 applicant was informed of the conditions under which the five (5) inch interior setback would be allowed. ON MOTION BY PALIN AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 77-112 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 site plan received and dated June 14, 1977, shall be the approved conceptual layout, subject to the modifica- tions outlined herein: a. The plan shall reflect a ten (10) foot setback from the five (5) foot utility easement at the front property line. b. The half -street section of Engineer Drive shall be changed to reflect a dimension of 22'6". The plan submitted to the Department of Building and Community Development upon application for building permits shall reflect the modifications outlined above. 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 five (5) inch setback shown on the interior property line shall be allowed only if the building is adjacent to an open yard area of an already constructed or approved for construction building on the adjacent property. Other- wise, the side setback shall be zero. 3. All applicable fees shall be paid prior to issuance of building permits. AYES: PALIN, CROSBY, LIPPS NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, r/66111471a9l_'I�n, Secretary THE MEETING WAS ADJOURNED. :df BZA 6-22-77 Page 13