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HomeMy WebLinkAbout1977-07-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California s WEDNESDAY, JULY 27, 1977 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, QUINLAN CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: CONDITIONAL EXCEPTION NO. 77-26 Applicant: Home Federal Savings To permit installation of a 6'8" by 17'0" freestanding sign, in lieu of Section 9760.7 of the Huntinqton Beach Ordinance Code, located on the west side of Main Street at the intersection of Main and Yorktown Avenue in a C2-O-CD, Community Business District. Jim Palin reported that since this sign has been included in an overall sign program for the center in which it is located the applicant has requested withdrawal. ON MOTION BY PALIN AND SECOND BY CROSBY THE BOARD ACTED TO WITH- DRAW CONDITIONAL EXCEPTION NO. 77-26, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: USE PERMIT NO. 77-57 (Continued from 7-13-77) Applicant: Mr. & Mrs. L.R. Peterson To permit the construction of a new single-family dwelling and a one -bedroom apartment on a site having two existing apartment units pursuant to Section 9161.4(2) of the Huntington Beach Ord- inance Code, located at the southwest corner of Indianapolis Ave- nue and Florida Street in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Applicant has requested a continuance to permit new plans to be filed. Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 2 ON MOTION BY PALIN AND SECOND BY QUINLAN USE PERMIT NO. 77-57 WAS CONTINUED TO THE REGULAR MEETING OF SEPTEMBER 14, 1977, AT THE APPLICANT`S REQUEST, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES:. NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-116 (Cont. from 7-13-77) Applicant: West Coast Folk Clubs, Inc. (dba Golden Bear) To permit construction and operation of an open air restaurant pursuant to Section 9451 of the Huntington Beach Ordinance Code, located on the north side of Pacific Coast Highway approximately 150 feet east of Main Street in a C3, General Business District. No one was present to represent the application. Jim Palin noted that the applicant has been repeatedly re- quested to attend the Board meeting to clarify his application, and has failed to appear. ON MOTION BY CROSBY AND SECOND BY PALIN ADMINISTRATIVE REVIEW NO. 77-116 WAS DENIED WITHOUT PREJUDICE, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-117 Applicant: Leonard E. Lichter To permit construction of a 14,700 square foot professional build- ing pursuant to Section 9471.4 of the Huntington Beach Ordinance Code, located on the west side of Beach Boulevard approximately 100 feet north of Cypress Avenue in a C4, Highway Business District. This request is covered by Negative Declaration No. 77-80. Vice-chairman Palin opened the public hearing on the negative declara- tion. Mr. Lichter was present at the meeting. The Board reviewed the information contained in the negative declaration request and considered mitigation measures applicable to the project. There being no one to address the Board on this matter, the public hear- ing was closed. ON MOTION BY PALIN AND SECOND BY QUINLAN THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 77-80 WITH THE CONDITIONS OF APPROVAL C-2 THROUGH C-7 IMPOSED ON THE ADMINISTRATIVE REVIEW, BY THE FOLLOWING VOTE: BZA 7-27-77 Page 2 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 3 AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE The Board reviewed the proposed project with the applicant, ex- plaining the conditions of approval and the requirements of the ordinance code. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-117 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 received and dated June 21, 1977 shall be the approved layout, subject to the modifications described herein: a. The plan shall provide and designate parking in compli- ance with Article 979 of the Huntington Beach Ordinance Code. b. The trash area shall be relocated to a location behind the setback. c. The plan shall provide the 6 percent landscaping as required by ordinance code. The plan submitted to the Department of Building and Community Development upon application for building permits shall have the above -outlined modifications depicted thereon. 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, width, and 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. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Beach Boulevard shall be fully improved in compliance with City standards and requirements. BZA 7-27-77 Page 3 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 4 C. GENERAL CONDITIONS: 1. A tentative parcel map for consolidation and separation of subject property from that held under the same ownership to the rear, and for consolidation of the specific build- ing site to eliminate having a structure built over a property line. 2. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a mini- mum 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. 3. 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. 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 facility. 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, QUINLAN NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 77-39 Applicant: Joseph E. and Jo Ann Merrill To permit construction of a six (6) foot fence to encroach seven (7) feet into the required 15 foot front yard setback in lieu of Section 9103.1 of the Huntington Beach Ordinance Code, located on the north side of Barbados Circle approximately 490 feet north of Dorset Drive in an Rl, Low Density Residential District. This request is a Categorical Exemption, Class V, California En- vironmental Quality Act, 1970. Vice-chairman Palin opened the public hearing. Mrs. Merrill and Mr. Baer, a neighbor, were present at the meeting. Mr. Baer addressed the Board, indicating that all the neighbors in the vicinity are in favor of the requested encroachment. BZA 7-27-77 Page 4 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 5 There being no other persons to address the Board, the public hearing was closed. The Board reviewed the size and shape of the property and the siting of the dwelling on the lot. Also considered were possible alternate layouts for the fence. ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 77-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The encroachment is for less than half of the required front yard setback on only twenty-one (21) feet of the overall fence length. 2. The encroachment does not affect the visibility or the street scene in that it is setting back five (5) feet further than the garage setback on the adjacent lot. 3. The construction of the fence will provide a court area, thereby affording additional privacy and lot utilization for the resi- dents. 4. The size, shape, and configuration of the original lot created a placement of the dwelling unit on initial construction at a location which did not render maximum utilization of the property. - - - - - ---- -- 5. The granting of the conditional exception will not be a special privilege and will not be detrimental to the health, safety, or welfare of persons living or working in the area. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The conceptual plot plan received and dated July 13, 1977, shall be the approved layout, subject to the modification described herein: a. The plan shall reflect a fence at the property line between Lots 74 and 75 to a minimum of eight feet from the front property line, running perpendicularly from that point to intersect with the gate apparatus and garage wall as shown on the July 13 plan. The above modification shall be delineated upon the plan sub- mitted upon application for permits. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE BZA 7-27-77 Page 5 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 6 USE PERMIT NO. 77-65 Applicant: Erik Lundquist To permit the addition of one dwelling unit to a site having an existing unit abutting an arterial highway pursuant to Section 9401.4(a) of the Huntington Beach Ordinance Code, located on the south side of llth Street at the intersection of llth and Lake in an R3, Medium -High Density Residential District. This request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Chairman Crosby opened the public hearing. Shirley Kasparoff, owner of an abutting property, addressed the Board in regard to the proposal to express her opposition to the project. There being no one else present to speak for or against the proposal, the public hearing was closed. Secretary Palin reported that the applicant has arranged a meet- ing with Staff to attempt_ to work out problems on_the_pJan— and has requested a two -week continuance of this item. ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 77-65 WAS CONTINUED AT THE APPLICANT'S REQUEST TO THE MEETING OF AUGUST 10, 1977, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 77-40 Applicant: Mr. and Mrs. M. H. Kreil To permit a reduction of the minimum open space dimension from 20 feet to 14 feet for only 300 square feet of the required 900 square feet of open space area, in lieu of Section 9103.3.1.1.2 of the Huntington Beach Ordinance Code, located on the east side of Mayor Lane approximately 250 feet north of Slater Avenue in an R1, Low Density Residential District. This request is a Categorical Exemption, Class V, California Environmental Quality Act, 1970. Vice-chairman Palin opened the public sent at the meeting and explained her variance. There being no one else to proposed project, the public hearing Board review ensued. hearing. Mrs. Kreil was pre - reasons for requesting the speak for or against the was closed. BZA 7-27-77 Page 6 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 7 ON MOTION BY QUINLAN AND SECOND BY PALIN CONDITIONAL EXCEPTION NO. 77-40 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The minimum open space requirements are essentially being met on the rear two-thirds of the sub]ect property. 2. The open space with required dimensions satisfies 90 percent of the requirement, with less than 10 percent having the reduced dimension of fourteen (14) feet; therefore, the reduc- tion is determined to be minimal and negligible. 3. The granting of this conditional exception does not constitute granting of special privilege. 4. Granting of the request will not have a detrimental effect upon surrounding properties or be injurious to the health, safety, or welfare of persons living or working in the immedi- ate vicinity. CONDITIONS OF APPROVAL: 1. The conceptual plot plan received and dated July 12, 1977, shall be the approved layout. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 77-41 (In Conj./UP 77-66) Applicant: Ronald Knudtson To permit construction of a single -story garage structure encroach- ing 1.8 feet into the required 5-foot side yard setback in lieu of Section 9163.2.1 of the Huntington Beach Ordinance Code, located on the east side of Elm Street approximately 100 feet north of Cypress Avenue in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class V, California Envir- onmental Quality Act, 1970. Vice-chairman Palin opened the public hearing. Ronald Knudtson was present at the meeting. He explained that he is negotiating to purchase the property directly adjacent to the encroachment, but that the sale will not be final for a year. However, the adjacent property owner is amenable to the encroachment at this time. The public hearing was closed. The Board reviewed the configuration of the property and the siting of the units on the lot. BZA 7-27-77 Page 7 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 8 ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 77-41 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The size and configuration of the property and the ratio of lot width to lot depth create a hardship in obtaining suffi- cient setback, parking space dimensions, and turning radius on the lot. 2. Granting of the request does not establish a precedent for lots of this size within the City. 3. The structure proposed for the encroachment is only one story in height. 4. Granting of the request will not be detrimental to the health, safety, or welfare of persons living or working in the vicinity. CONDITIONS OF APPROVAL: 1. The conceptual plot plan received and dated July 12, 1977, shall be the approved layout. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE USE PERMIT NO. 77-66 (In Conj./CE 77-41) Applicant: Ronald Knudtson To permit construction of a multiple -family dwelling unit more than 150 feet from a public street pursuant to Section 9730.20 of the Huntington Beach Ordinance Code, located on the east side of Elm Street approximately 100 feet north of Cypress Avenue in an R2, Medium Density Residential District. This request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. Vice-chairman Palin opened the public hearing. Ronald Knudtson was present at the meeting. There being no persons to address the Board in regard to this prorosal, the public hearing was closed. The Board reviewed the application. ON MOTION BY PALIN AND SECOND BY QUINLAN USE PERMIT NO. 77-66 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: BZA 7-27-77 Page 8 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 9 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 and dated July 12, 1977, 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. All applicable fees shall be paid prior to issuance of building permits. 3. In accordance with City standards and requirements, an addi- tional seven (7) feet of right-of-way on Elm Street shall be dedicated. B. GENERAL CONDITIONS: 1. Should Conditional Exception No. 77-41 be appealed and the approval overruled, Use Permit NO. 77-66 shall become null and void. 2. If the developer proposes to provide air conditioning, the insulation in ceilings and exterior walls shall be a mini- mum 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. BZA 7-27-77 Page 9 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 10 3. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be dis- posed of at an offsite facility equipped to handle them. 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, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-134 Applicant: C. L. Burnett To permit the construction of three (3) industrial buildings totaling 47,530 square feet pursuant to Section 9511 of the Hunt- ington Beach Ordinance Code, located at the northwest corner of McFadden Avenue and Assembly Lane in an Ml-A, Restricted Manufac- turing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. C. L. Burnett was present at the meeting. The site plan was reviewed by the Board, indluding setbacks, fence height, landscaping, and treatment of the walkway on McFadden Avenue. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-134 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 received and dated July 19, 1977, shall be the approved layout, subject to the modifications described herein: a. If building permits are pulled prior to the filing and approval of a tentative parcel map for subject property, BZA 7-27-77 Page 10 L_ J Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 11 a revised plan shall reflect reciprocal easements over and across the north -south driveway between Buildings 1 and 3 and over and across the east -west driveway between Buildings 1, 3, and 2. b. Access points and driveways shall comply with the recently enacted Public Works standards for curb breaks. c. A sidewalk of a minimum width of eight (8) feet com- plete with all required street furniture and tree wells shall be constructed along the northerly side of McFadden Avenue. The modifications outlined above shall be delineated upon the plan submitted 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. 2. All applicable fees shall be paid prior to issuance of building permits. B. GENERAL CONDITIONS: 1. Street trees shall be installed in compliance with the conditions of approval imposed on TT6948. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-136 Applicant: Robert Curtis To permit variation in street scene by construction of a fence within six (6) feet of the front property line at the time of initial construction, pursuant to Section 9104.5.1 of the Hunting- ton Beach Ordinance Code, located approximately 600 feet south of Warner Avenue between Lynn and Green Streets in an R1, Low Density Residential District. This request is a Categorical Exemption, Class III, California Environmental Quality Act, 1970. BZA 7-27-77 Page 11 Minutes, H.B. Board of Zoning Adjustments July 27, 1977 Page 12 Bob Curtis and Dave Lorenzini were present at the meeting. Jim Palin reviewed the history of the project, noting that the siting of the fences on Lots 3, 22, and 31 would still provide the required 600 square feet front yard area, provide physical separa- tion as allowed by code, and create a larger setback and more usable open space within the rear yard areas as well. The Board and the applicants discussed the type of fencing material to be used. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-136 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. Initial construction of this nature is permitted under the Ordinance Codes. 2. These provisions in the code afford greater flexibility in layout and usability of lots within the City. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The site plan received and dated July 25, 1977, shall be the approved layout. 2. Materials compatible with the materials used in the dwelling unit on each property shall be brought down and used as construction materials for the fence providing physical separation between the open space area within the front yard and the required setback. AYES: PALIN, NOES: NONE ABSENT: NONE CROSBY, QUINLAN THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. (�� '_ VA./ I C_ By: John M. Cope J es W. Palin, Se retary Secretary Pro Tem B rd of Zoning Adjustments :df 1