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HomeMy WebLinkAbout1977-10-19MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY. OCTOBER 19, 1977 - 1:15 PM BOARD MEMBERS PRESENT: PALIN, CROSBY, QUINLAN CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 77-174 (Cont. from 10-12-77) Applicant: Matt Kolendich To permit the outside display and storage of landscaping items pursuant to Section 9432 of the Huntington Beach Ordinance Code, located on the east side of Beach Boulevard approximately 600 feet south of Garfield Avenue in a C4, Highway Commercial District. This request is a Categorical Exemption, Class I, California Envir- onmental Quality Act, 1970. Mr. Kolendich was present at the meeting. The Board reviewed Conditional Exception No.73-03 which had origin- ally established the swimming pool use occupying the front portion of the subject parcel, noting past violations and the fact that the site is still not in compliance with code. It was explained to the applicant that this request must be treated as an expansion of that original entitlement because the property is not segregated, but applicant is only subleasing from the original users. The opera- tors of the swimming pool facility will be responsible for upgrading the site, to include access, parking, screening of parking, land- scaping, improvements of paved areas, additional storage and trash areas, and removal of the illegal trailers presently on site. Regis Quinlan noted that the Certificate of Occupancy had been denied because of the illegal building on the premises, for which no permits were ever issued. He also informed the applicant that the address being used has never been assigned to the property. ON MOTION BY PALIN AND SECOND BY QUINLAN ADMINISTRATIVE REVIEW NO. 77-174 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The conceptual site plan received and dated September 23, Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 2 1977, shall be the approved layout for the outside display and storage area only. 2. The trailers shall be removed from the front portion of the subject site. 3. A revised plan shall be submitted to the City reflecting parking, access, and turning radius in compliance with Article 979 of the Huntington Beach Ordinance Code for both operations, the swimming pool operation as well as the landscaping use. 4. The developer shall participate in the local drainage assessment district, if applicable. 5. The developer shall participate in the Orange County Sani- tation District #11 Sewer Annex District, if applicable. 6. All applicable fees shall be paid prior to issuance of building permits. 7. The total site shall be brought into full compliance with all other applicable provisions of the Huntington Beach Ordinance Code as far as location of display items for the swimming pool operation, the necessary landscaping, screen- ing, and paving of the site. 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, QUINLAN NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 77-52 Applicant: Richard & Dianne Rector To permit a six (6) foot high wall to be constructed five (5) feet from a front property line in lieu of Section 9103.1 of the Hunt- ington Beach Ordinance Code, located on the north side of Jardines Drive approximately 100 feet east of Avilla Lane in an R1, Low Density Residential District. This request is a Categorical Exemption, Class V, California En- vironmental Quality Act, 1970. BZA 10-19-77 Page 2 1 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 3 Jim Palin opened the public hearing. Dianne Rector was present at the meeting and expanded on her reasons for requesting the variance. There being no persons present to speak for or against the request, the public hearing was closed. Board review ensued, taking into consideration the amount of en- croachment proposed, the layout of subject and abutting properties, and the locations of the precedents cited by the applicant in justification of the request. ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 77-52 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The examples cited by the applicant do not constitute sufficient justification, as they are in areas approved for the reduced setbacks at the time of original construction of specific tracts with specific standards imposed therein. 2. The City has in the past analyzed comprehensively a proposal to amend the Ordinance Code to allow reductions in setbacks after the identity of a neighborhood has been established and deter- mined against such a change. 3. Construction of the wall as outlined would result in setback of as little as two (2) feet at the side property line. 4. Construction of the wall as outlined would not provide a suffi- cient sight clearance for vehicles backing out of the garage at the intersection of the drive apron with the front property line. 5. Evidence has not been submitted to show that an adequately sized pool could not otherwise be constructed on the site in compli- ance with code. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE The applicant was advised of the appeal period and procedure. At a point later in the meeting Mrs. Rector returned to the Board to explain that in the process of filing such appeal she had been advised to request reconsideration of the proposal, at the same time amending the proposal to allow a ten (10) foot setback in place of the originally requested five (5) foot setback. The Board dis- cussed the amended request. ON MOTION BY CROSBY AND SECOND BY QUINLAN IT WAS DETERMINED TO RECONSIDER CONDITIONAL EXCEPTION NO. 77-52, BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE BZA 10-19-77 Page 3 Minutes, II.B. Board of Zoninq Adjustments October 19, 1977 Page 4 ON MOTION BY PALIN AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 77-52 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The depth of the property along that portion of the lot upon which the applicant has requested the reduction in setback is nine (9) feet shorter than the opposite (north) side property line depth, creating a somewhat odd -shaped configuration of the site. 2. The allowed encroachment is for only a portion of the front property width,and the wall will essentially be obscured from view by the already -existing fence on the property to the west. 3. The fence requested to be constructed at reduced setback is necessary for safety purposes, as it will provide security as required by the Uniform Building Code for a pool area. 4. Proper sight angle has been provided at the triangular inter- section of the drive apron and the front property line. 5. The applicant expressed a willingness to work with the City to bring the request into closer compliance with code requirements by modifying the original request (which had depicted a ten (10) foot encroachment) to an encroachment of only five (5) feet. 6. Grantinq of the conditional exception as modified will not be detrimental to the health, safety, or welfare of persons in the immediate vicinity. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received and dated October 5, 1977, shall be the approved layout, subject to the follow- ing modification: a. The wall shall be constructed no closer than ten (10) feet back from the front property line at any location upon said property line. 2. All applicable fees shall be paid prior to issuance of permits. B. -TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. The proponent shall replace the tree which will be removed; said replacement shall be selected by the Street Tree Super- intendent, and such tree shall be planted within the ten (10) foot area between the front sidewalk and the future wall. BZA 10-19-77 Page 4 1 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 5 AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE USE PERMIT NO. 77-82 (In Conj./AR 77-177) Applicant: Fate Saint To permit truck receiving doors for an industrial building to face a public street, located on the northeast corner of Machine Drive and Pipeline Lane in an Ml-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Jim Palin opened the public hearing. No one was present to repre- sent the application or to address the Board in regard to this matter, and the public hearing was closed. The Board reviewed the request. ON MOTION BY PALIN AND SECOND BY CROSBY USE PERMIT NO. 77-82 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS OF THE BOARD: 1. The establishment, maintenance, and operation of the use as approved 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. ThP granting of a Use Permit will not adversely affect the General 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 October 7, 1977, shall be the approved layout, subject to the modifi- cations outlined herein: a. The overhead doors to the south facing onto the T intersection of Assembly Lane and Machine Drive shall be eliminated, as truck movements at this location would create a hazardous traffic situation. BZA 10-19-77 Page 5 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 6 The plan submitted to the Department of Building and Com- munity Development shall depict the modification (deletion of the doors) as outlined above. 2. The overhead door facing Pipeline Lane shall be of a similar color and material as those used on the main structure. 3. If applicant wishes to provide the overhead door without a truck well, a forty-five (45) foot depth from the ultim- ate right-of-way line of Pipeline Lane shall be striped and posted for, "loading -unloading only." i AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-177 (In Conj./UP 77-82) Applicant: Fate Saint To permit construction of a 12,049 square foot industrial building pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the northeast corner of Machine Drive and Pipeline Lane in an M1-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. No one was present at the meeting to represent the application. Board review found the request to be in compliance with code. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-177 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 October 7, 1977, shall be the approved layout, subject to the condi- tions and modifications as required by Use Permit No. 77-82. 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. BZA 10-19-77 Page 6 Minutes, H.B. Board of Zoning Ad3ustments October 19, 1977 Page 7 2. The building layout shall comply with the sight angle cutoff for the intersection of Machine Drive and Pipeline Lane. 3. All fees shall be paid prior to issuance of building permits. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. Street trees shall be provided in compliance with conditions of approval imposed on TT 6948. C. GENERAL CONDITION: 1. Administrative Review No. 77-177 shall become null and void in the event the proponent or other appellant is suc- cessful in obtaining through the appeal of Use Permit No 77-82 a decision to overrule the action deleting the two overhead doors facing the T-intersection of Assembly Lane and Machine Drive. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-180 Applicant: Margaret I. Riggs To permit construction of an 18,000 square foot industrial building pursuant to Section 9511 of the Huntington Beach Ordinance Code, located on the east side of Gothard Street approximately 625 feet south of Slater Avenue in an M1-A-15,000, CD, Light Industrial Civic District. This request is covered by Negative Declaration No. 77-68, adopted by the Board on June 22, 1977. Mrs. Riggs and a representative were present at the meeting. Board review included provision of proper front setback, number and configuration of the permitted drive access point, alternate means of providing required parking, required turning radius and parking stall size, and truck access to the site. The applicant was in- formed that he can use as much as 50 percent of the front setback for parking. Jim Palin also informed the applicants that this re- quest has been reviewed by the Planning Commission, with no adverse comments. ON MOTION BY PALIN AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-180 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: BZA 10-19-77 Page 7 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Paqe 8 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received and dated October 11, 1977, shall be the approved layout, subject to the modifi- cations described herein: a. The building setback from Gothard Street shall be in- creased to twenty (20) feet. b. Additional parking shall be provided to comply with ordinance code requirements. C. One access drive only shall be provided, the choice of which shall be at the option of proponent. Said drive shall have a thirty-five (35) foot width and comply with standard plans of the Department of Public Works. A revised plan depicting the above modifications shall be sub- mitted to the Board of Zoning Adjustments for review prior to issuance of building permits, to assure compliance with the conditions as stated above and with the following requirements. 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 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 City standards and requirements, an additional fifteen (15) feet of dedication shall be required on Gothard Street. 3. The developer shall participate in the local drainage assess- ment district. 4. All applicable fees shall be paid prior to issuance of building permits. B. GENERAL CONDITIONS: 1. Natural gas shall be stubbed in at the locations of water heaters and central heating units. 2. Low -volume heads shall be used on all spigots and water faucets. BZA 10-19-77 Page 8 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 9 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. A chemical analysis, as well as tests for physical prop- erties of the soil on the subject property, shall be sub- mitted to the City for review prior to the issuance of building permits. 5. If outside lighting is included onsite, high pressure sodium vapor lamps shall be used to prevent "spillage" onto adjacent areas and for energy savings. 6. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Department of Building and Community Development. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-182 Applicant: John P. Boland To permit construction of an 8,520 square foot industrial building pursuant to Section 9511 of the Huntington Beach Ordinance Code, located at the southeast corner of Research Drive and Chemical Lane in an M1-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. John Boland was present at the meeting. The request was reviewed by the Board. ON MOTION BY PALIN AND SECOND BY QUINLAN ADMINISTRATIVE REVIEW NO. 77-182 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 and dated October 13, 1977, shall be the approved layout, subject to the follow- ing: a. The parking, striping, turning radius, and drive widths shall be in compliance with Article 979 of the Hunt- ington Beach Ordinance Code. BZA 10-19-77 Page 9 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 10 The plan submitted to the Department of Building and Community Development upon application for building permits shall comply with the stipulation outlined above. In its approval action, the Board of Zoning Adjustments considered the following issues in relation 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. Street trees shall be provided in compliance with the conditions of approval imposed on TT 6948. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: PLAN CHECK NO. 8682 Review of elevations, setbacks and architectural features for a duplex located in TT 7512 as required by the conditions of approval imposed on said map, located east of Beach Boulevard and north of Ellis Avenue. Board review determined that the submitted plan substantially complied with the original requirements placed on the subject tract. ON MOTION BY PALIN AND SECOND BY QUINLAN THE SITE PLAN SUBMITTED WITH PLAN CHECK NO. 8682 WAS APPROVED BY THE FOLLOWING VOTE: AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE TENTATIVE TRACT NO. 6675 (Revised Plans) Applicant: The Maguire Partnership Revised plans for a planned residential development of 294 units and a commercial area and boat marina located on the northeast side of Pacific Coast Highway approximately 4700 feet from Warner Avenue. 1 L BZA 10-19-77 Page 10 Minutes, H.B. Board of Zoning Adjustments October 19, 1977 Page 11 Mr. Maguire, Mr. Linscott, and Jim Thompson were present to rep- resent the application. The Board reviewed a parking study prepared by Mr. Linscott's consulting firm outlining the methods he had used in calculating the parking for the commercial project and the marina. The Board noted that there is a shortage of 208 spaces which, even allowing for a 100-space reciprocal use between the marina and the other commercial uses, leaves a substantial discrepancy in required and provided parking facilities. It was noted that a detailed floor plan and seating count of the three proposed restaurants would be needed in order to come up with an exact parking requirement. After extensive discussion among the Board members and the appli- cants concerning the difficulty of providing exact information on restaurant use prior to completion of leasing agreements, the methods of calculation of parking ratios, and the authority of the Board to permit parking overlap on the various uses, it was the determination of the Board that the revised plans could be approved and construction take place, with the proviso that the third restaurant to be leased would have to be returned to the Board for parking calculations at that time, with a possible re- quirement for a conditional exception to permit reduction in parking spaces provided. ON MOTION BY PALIN AND SECOND BY QUINLAN THE REVISED PLANS FOR TENTATIVE TRACT 6675 WERE APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The revised conceptual site plan received and dated October 18, 1977, shall be the approved layout, subject to the follow- ing: a. The last of the three proposed restaurants to be leased shall come back to the Board of Zoning Adjustments for review of the parking prior to issuance of building permits for that structure. 2. This approval action has taken into consideration the recipro- cal use of approximately 100 parking spaces required normally for the marina portion of the project. 3. All other prior conditions imposed upon all other prior applica- tions which have been processed on this project shall apply. AYES: PALIN, CROSBY, QUINLAN NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. mes Za in, Secretary of :df rd o