Loading...
HomeMy WebLinkAbout1978-01-11MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 11, 1978— 1:15 PM BOARD MEMBERS PRESENT: EADIE, CROSBY, QUINLAN CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT DOUG HEITE. LAND USE DIVISION REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 77-62 (In Conj./AR 77-209) Applicant: Robert J. Krogh, M.D. To permit reductions from parking, setback, and landscaping require- ments for the purpose of constructing an addition to an existing medical building. Said exceptions include: 1) a reduction of two parking spaces from the minimum number required; 2) a reduction in landscaping area and location requirements; and 3) to permit an encroachment of approximately eighteen (18) feet into the front yard setback. This request is a Categorical Exemption, Class V, California Envir- onmental Qaulity Act, 1970. Chairman Eadie reopened the public hearing. Dr. Krogh was present at the meeting. There being no persons to address the Board either in favor of or in opposition to the request, the public hearing was closed. The Board reviewed the present means of providing access and parking, noting that the owner of the parcel to the north has requested that no physical obstruction be placed which will interrupt the present interdependence of traffic flow and parking. The Staff has prepared an overlay for the applicant's review; said overlay provides an alternate layout for landscaping and parking which improves the use of the site and provides a more aesthetically pleasing view from Beach Boulvard. Dr. Krogh was advised that, although the tandem parking on the alternate layout can be used by his staff and patients, it cannot be used to satisfy the required parking count on the lot. The applicant concurred with the revised plan. ON MOTION BY EADIE AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 77-62 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 2 FINDINGS OF THE BOARD: GENERAL FINDINGS: 1. The requested addition is a minimal enlargement of the present structure and does not constitute an expansion of the use itself. 2. Granting of the conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zoning classification. 3. Granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. PARKING REDUCTION: 1. Availability for parking exists on the adjacent property under an existing informal agreement, and the potential for parking problems is unlikely due to this reciprocal use of the adjacent sites. 2. Observation of the subject site for two weeks has indicated that no substantial shortage of parking places exists, and normal use of the building does not create demands which the existing available parking will not meet. Also, the proposed addition does not constitute expansion of the use from the standpoint of added examination rooms; therefore, the addition should not generate any need for increased parking spaces. REDUCTION OF LANDSCAPING: 1. Reasonable screening has been achieved through the Condi- tions of Approval on Administrative Review No. 77-209. 2. To require full compliance with new landscaping regulations which have gone into effect since this building was orig- inally approved would further reduce the parking available onsite. 3. Placement of additional landscaping has been made a Condi- tion of Approval to improve aesthetics within the subject property. ENCROACHMENT: 1. The extent of the encroachment is minimal. 2. Although the expansion could be situated on the west side of the existing building, such location would necessitate BZA 1-11-78 Page 2 Minutes, H.B. Board of Zoning Adjustments January 11,1978 Page 3 structural alterations which would not be reasonable in view of the magnitude of the proposed addition. 3. The existing physical layout prevents siting the addition at a reasonable location which would comply with code re- quirements in regard to siqht angle encroachment. Also, the adjacent buildings are so situated that they will not be severely impacted from the standpoint of the subject addition blocking their view. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received and dated December 28, 1977, shall be the approved layout, subject to all condi- tions of approval imposed upon Administrative Review No. 77-209. AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 77-209 (In Conj./CE 77-62) Applicant: Robert J. Krogh, M.D. To permit construction of a 221 square foot addition to an existing building located on the west side of Beach Boulevard approximately 70 feet south of Newman Avenue in a C4, Highway Commercial District. This request is a Categorical Exemption, Class I, California En- vironmental Quality Act, 1970. Dr. Krogh was present at the meeting. Board review of this project consisted of the discussion of the overlay prepared by Staff, as noted in Conditional Exception 77-62. ON MOTION BY EADIE AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 77-209 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 revised conceptual site plan received and dated Decem- ber 28, 1977, shall be the approved layout as amended to reflect the following modifications: a. The existing parking in front of the building shall be rearranged and striped to provide for three tandem BZA 1-11-78 Page 3 0 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 4 spaces, and a landscaped area of not less than eight (8) feet in width shall be provided at the southerly end of the property between the Beach Boulevard front- age and the building wall. b. The main entry from the parking lot shall be located far enough to the north not to interfere with automo- biles parked in the lot. c. A decorative masonry wall (e.g., slumpstone, etc.) shall be shown on the front property line both north and south of the entry drive. Said wall shall be thirty- two (32) inches in height measured from existing grade on the Beach Boulevard side of the wall, and shall extend to within five (5) feet of the driveway on each side. d. Architectural treatment and elevations of the addition shall be carried on across the existing building, so that the facade as seen from Beach Boulevard shall be uniform in design. A revised site plan and elevations reflecting the above modifi- cations shall be submitted to the Secretary of the Board, prior to application for building permits, for his review and approval In its approval action, the Board 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. GENERAL CONDITIONS: 1. The applicant shall pursue obtaining a written, recordable agreement with the property owner to the north for the reciprocal ingress/egress and parking presently existing under their informal agreement. 2. No wall or any other physical obstruction shall be erected or installed on subject property to block the free flow of traffic which presently exists between the two properties. AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE BZA 1-11-78 Page 4 C Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 5 USE PERMIT NO. 77-103 (Cont. from 12-28-77) Applicant: Lee Segal To permit a truck well in a previously approved industrial build- ing to face a public street, located on the north side of Argosy Drive approximately 365 feet east of Bolsa Chica Road in an Ml-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Chairman Eadie reopened the public hearing. No one was present at the meeting in regard to this matter, and the public hearing was closed. Dave Eadie reported that the applicant has requested a continuance of the use permit request, pending dedication of the future Triton Lane. He instructed the secretary that it will be necessary to re - advertise the hearing at such time it is rescheduled. ON MOTION BY CROSBY AND SECOND BY QUINLAN USE PERMIT NO. 77-103 WAS CONTINUED INDEFINITELY AT THE APPLICANT'S REQUEST, BY THE FOL- LOWING VOTE: AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE USE PERMIT NO. 77-104 (Cont. from 12-28-77) Applicant: Edie Larson To permit construction of three 8-unit apartments upon property ex- ceeding 150 feet from a public street, located on the north side of MacDonald Street approximately 483 feet west of Beach Boulevard in an R3, Limited Multi -Family Residential District. This request is covered by Negative Declaration No. 77-66, adopted by the Planning Commission on June 21, 1977, upon adoption of CE 77-04. Chairman Eadie reopened the public hearing; no one was present at the meeting in regard to this matter, and the public hearing was closed. The applicant has not submitted the revised plans required at the prior hearing and has requested a week's continuance to permit completion of the plans. ON MOTION BY EADIE AND SECOND BY QUINLAN USE PERMIT NO. 77-104 WAS CONTINUED TO JANUARY 18, 1978, AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE BZA 1-11-78 Page 5 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 6 TENTATIVE PARCEL MAP NO. 77-52 (Cont. from 12-28-77) Applicant: Tri State Engineering Company To permit division of one (1) parcel of land into two (2) Separate lots, located on the northwesterly corner of Warner Avenue and Pacific Coast Highway in a C4, Highway Commercial District. This request is covered by Negative Declaration Request No. 77- 136. Chairman Eadie opened the public hearing on the negative declaration request. Al Lebot was present at the meeting. The Board reviewed the information contained in the request for negative declaration, considering the comment received from the Environmental Council, and determined that the fprm as amended adequately responds to en- vironmental concerns. It was the unanimous opinion of Board mem- bers that, if the subject parcel should be developed with a commer- cial use instead of the presently planned office building, the negative declaration would suffice for that development also and no additional environmental information would be required. There being no persons present to address the environmental implications of the project, the public hearing was closed. ON MOTION BY QUINLAN 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 DECLARATION NO. 77-136 WITH THE MITIGATING MEASURES CONTAINED IN CONDITION 5 (a) THROUGH (e) IMPOSED UPON THE TENTATIVE PARCEL MAP, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE Additional information has been supplied by the applicant as re- quired at the previous meeting, and Exxon has submitted a letter of concurrence with the lot split. The applicant was cautioned by the Board that future problems are likely on the site in regard to traffic circulation and building placement, and he should submit a construction proposal as early as posssible to allow staff an opportunity to work with him. Mel Ott indicated that in all like- lihood the 26 foot access width shown would be adequate at this location, but review of the building proposal would be necessary prior to final determination. The Board requested that the appli- cant submit a copy of all easement records for the entire site to facilitate plan check in the future. ON MOTION BY CROSBY AND SECOND BY EADIE TENTATIVE PARCEL MAP NO. 77-52 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: BZA 1-11-78 Page 6 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 7 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 December 6, 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. A copy of the recorded parcel map shall be filed with the Planning Department. 4. The displacement and rearrangement of the required service station parking and landscaping area shall be incumbent upon the applicant. Said alterations to parking and landscaping shall be completed prior to issuance of building permits for any construction on Parcel 2. 5. Any future construction project upon Parcel 2 shall be subject to the following requirements: a. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. b. Low -volume heads shall be used on all spigots and water faucets. C. 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. d. If outside lighting is included onsite, high-pressure sodium vapor lamps shall he used to prevent "spillage" onto adjacent areas and for energy savings. e. A traffic analysis shall be conducted prior to develop- ment of the site. AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE USE PERMIT N0, 71-101 Applicant: Michael G. Palvisak (Red Lobster Inns) To permit construction of an 834.85 square foot addition to an existing restaurant building located on the west side of Beach Boulevard and Damask Drive in a C4, Highway Commercial District. This request is a Categorical Exemption, Class I, California En- vironmental Quality Act, 1970. BZA 1-11-78 Page 7 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 8 Chairman Eadie opened the public hearing. Joseph Bach was pre- sent to represent Red Lobster Inns, Inc. No one was present to speak for or against the proposal, and the public hearing was closed. Board review noted that there is good access to the site and an overage of parking for the use. The plan was reviewed and the pro- cessing schedule and appeal procedure explained to the applicant. ON MOTION BY EADIE AND SECOND BY CROSBY USE PERMIT NO. 77-106 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS OF THE BOARD: 1. Granting of the Use Permit will not have a detrimental effect on the health, safety, or welfare of persons residing or work- ing in the vicinity. 2. The establishment of the use will not infringe upon property and improvements in the vicinity of such use or building. 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 January 4, 1978, shall be the approved layout, sub]ect to the follow- ing: a. The twenty (20) foot drive shall be shown at 20 feet free and clear, not including any portion of the abutting planter area. b. The elevations for the addition shall reflect the same architectural treatment as that used on the existing structure. The plan submitted to the Department of Building and Community Development upon application for building permits shall re- flect the above modifications. 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; BZA 1-11-78 Page 8 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 9 . 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. AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: HOME OCCUPATION PERMIT - CONSIDERATION FOR REVOCATION To consider revocation of a permit to conduct a home occupation for reasons of non-compliance with provisions of the Huntington Beach Ordinance Code pertaining to such use. The alleged violations primarily pertain to the use of the residential garage in conducting the business and of the home occupation licensee operating the business while not residing on the premises. Subject property is located at 16592 Robert Lane in an R1, Low Density Residential Dis- trict. Chairman Eadie opened the public hearing. The holder of the sub3ect permit, Hyung I. Kim, was not present at the meeting. A Mr. Elliot Martinez, 16591 Trudy Lane, H.B. 92647, was present to ques- tion the reason for the hearing, and Mr. Eadie explained to him the permitting process, the restrictions placed by code on holders of Home Occupation Permits, and the complaints which have been received in regard to this particular use. There being no other persons to speak for or against the use, the public hearing was closed. Doug Heite of the Land Use Division outlined for the Board's further information the field investigations which have taken place over the last three months, the fact that the applicant has been person- ally advised of the violations and possible action to revoke his permit, and the specific violations the Division has found to exist. He noted that the applicant has not corrected the violations despite the ample time given him to do so. The Board reviewed the file. Regis Quinlan said that he could see no reason for any additional time being granted to the operator of the use, considering the many inspections and warnings he has al- ready received. After extensive discussion it was the consensus of the Board that the permit should be revoked and immediate cessation of the use should take place. ON MOTION BY EADIE AND SECOND BY QUINLAN THE SUBJECT HOME OCCUPA- TION PERMIT WAS REVOKED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: BZA 1-11-78 Page 9 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 9 . Ty a of use and its relation to property and improvements in the immediate vicinity; . Pas administrative action regarding this roperty. 2. All applicable fees shall be paid p for to issuance of uilding permits. AYES: ADIE, CROSBY, QUINLAN NOES: N NE ABSENT: No E s MISCELLANEOUS\AGENDA ITEMS: HOME OCCUPATION PERMIT - CONSIDERATI2N FOR REVOCATION To consider revo tion of a permit for reasons of no -compliance with Beach Ordinance Co e pertaining t primarily pertain t the use of the business and of he home oc p business while not r iding on he located at 16592 Robe t Lane i an trict. ko conduct a home occupation provisions of the Huntingtoh such use. The alleged violations residential garage in conducting tion licensee operating the premises. Subject property is R1, Low Density Residential Dis- Chairman Eadie opened th pu lic hearing. The holder of the subject permit, Hyung I. Kim, was n t present at the meeting. Mr. Elliot Martinez, 16591 Trudy A'�beiin ngton Beach 92647, was present to question the reason foing, and Mr. Eadie explained to him the reasons why revocadings were initiated; i.e., code regulations and the coinich have been received in regard to this particular usetinez indicated that he had no posi- tion on the matter. Tno other persons to speak for or against the use, the p'ng was closed. Doug Heite of the Lan Use Divisi'n information the fie l investigatio the last three month the fact tha ally advised of the iolations and permit, and the spe ific violations He noted that the pplicant has not the ample time an notice given him outlined for the Board's further which have taken place over the applicant has been person- ssible action to revoke his t e Division has found to exist. c rected the violations despite to o so. The Board review d the file. Regis Quin an said that he could see no reason for an additional time being g anted to the operator of the use, con idering the many inspectio s and warnings he has already receive . After extensive discussi n it was the consensus of the Board t at the permit should be revok d and immediate cessation of a use should take place. ON MOTION BY EADIE AND SECOND BY QUINLAN THE AUBJECT HOME OCCUPA- TION PERMIT WAS REVOKED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: BZA 1-11-78 Page 9 1 Minutes, H.B. Board of Zoning Adjustments January 11, 1978 Page 10 REASONS FOR REVOCATION: 1. The permittee does not reside on the premises as required by the terms of the home occupation permit. 2. The permittee has been using the garage as well as the dwelling for the home occupation use in violation of the terms of the permit. 3. Complaints have been received of adverse effects on traffic and street parking as a result of the home occupation use. AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 78-3 Applicant: Emerald Engineering To permit division of land in conjunction with Tentative Tract 10226, Zone Change 77-32, and Negative Declaration No. 77-137 on property located at the southwest corner of Adams Avenue and Beach Boulevard. ON MOTION BY EADIE AND SECOND BY CROSBY TENTATIVE PARCEL MAP NO. 78-3 WAS REFERRED TO THE PLANNING COMMISSION FOR REVIEW AT ITS REGULAR MEETING OF JANUARY 17, 1978, IN CONJUNCTION WITH TT 10226, ZC 77-32, AND ND 77-137, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY, QUINLAN NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. D e Eadie, B retary :df BZA 1-11-78 Page 10