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HomeMy WebLinkAbout1978-03-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 22, 1978 - 1:15 PM BOARD MEMBERS PRESENT: SPENCER, EADIE, ELLSTROM CITY STAFF PRESENT: CHUCK BURNEY, FIRE DEPARTMENT MINUTES: ON MOTION BY SPENCER AND SECOND BY EADIE THE MINUTES OF THE REGULAR MEETING OF MARCH 1, 1978, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 78-3 (In Conj./UP 78-5) Applicant: John King To permit: 1) balcony and stairway to encroach four (4) feet into the required 10-foot rear yard setback; and 2) to allow 55% lot coverage in lieu of the permitted 50% coverage. USE PERMIT NO. 78-5 (In Conj./CE 78-3) Applicant: John King To permit construction of a duplex fronting onto an arterial high- way at the northwest corner of Warner Avenue and Nichols Street in an R2, Two -Family Residential District. Chairman Eadie opened the public hearing on these items; there being no one present to address the Board in regard to the project, the public hearing was closed. Secretary Spencer reported that a telephoned agreement to an in- definite continuance of these items had been received; the Board requested that written confirmation be obtained from the appli- cant for the files. ON MOTION BY SPENCER AND SECOND BY EADIE CONDITIONAL EXCEPTION NO. 78-3 AND USE PERMIT NO. 78-5 WERE CONTINUED INDEFINITELY BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 2 USE PERMIT NO. 78-12 Applicant: David Silver To permit construction of two (2) triplexes abutting an arterial street located on the north side of Warner Avenue approximately 220 feet west of Nichols Avenue in an R2, Two -Family Residential District. This request is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. Chairman Eadie reopened the public hearing. David Silver was pre- sent at the meeting. There being no persons present to address the Board on this matter, the public hearing was closed. The revised plan was reviewed. Pat Spencer informed the Board that the off -site parking shown on Warner Avenue, which had been discussed at the prior review, would be permitted until specific instructions to the contrary are received from Public Works. The Board discussed drive width, trash location, landscaping, and elevations for the structures, and the applicant was informed of the required seven (7) foot minimum dimension for the second floor balcony, as well as required street dedication and water main extension. ON MOTION BY SPENCER AND SECOND BY ELLSTROM USE PERMIT NO. 78-12 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 the general welfare or injurious to property and improvements in the vicinity. 2. The granting of the 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 revised site plan received and dated March 16, 1978, shall be the approved layout, with the modifications described herein: a. The drive entry shall reflect a minimum dimension of twenty-four (24) feet. BZA 3-22-78 Page 2 1 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 3 b. A modified planting scheme shall be shown in accord- ance with the approved diagram delineated upon the plan check copy dated March 16, 1978. The modifications outlined above shall be depicted upon the plan submitted to the Department of Building and Community Development upon application for building permits. 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 actions regarding this property. 2. A reciprocal access easement for mutual access and use of the drive shall be filed with the City prior to issu- ance of building permits and recorded prior to final inspection. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-25 Applicant: Seaspray Venture To permit use of a recreation building for a temporary sales office and use of two units as sales models in a previously approved residential tract (TT 9735) located on the east side of Brookhurst Street approximately 300 yards south of Hamilton Avenue in an R2-PD District. This request is covered by ND 77-5, approved by the Planning Com- mission on March 1, 1977. Bud Zimmerman was present to represent the application. Phasing of onsite and street improvements was discussed with the applicant, and he indicated that the Brookhurst Street improvements would be installed in concurrence with this first phase of the de- velopment, as well as required onsite parking and drives. Signing was also discussed, to be sub]ect to approval of the Secretary of the Board for size, location, and sight angle requirements. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 78-25 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: BZA 3-22-78 Page 3 Minutes, H.B. Board of Zoning Ad3ustments March 22, 1978 Page 4 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received and dated February 27, 1978, shall be the approved layout. In its approval action, the Board of Zoning Ad3ustments 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. B. TO BE COMPLETED PRIOR TO USE OF SALES OFFICE AND MODEL COMPLEX: 1. The parking area, drives, and landscaping improvements shall be installed concurrently with the construction of the complex. 2. The entry drive from Brookhurst Street shall be landscaped. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-7 Applicant: C. George Lippincott, Jr. To permit a patio cover to encroach to within one (1) foot of a side property line and to raise a block wall to seven (7) feet with a storage structure roof at zero property line, on property located at the north side of Edgewater Lane approximately 180 feet west of Waverly Lane in an R1, Low Density Residential District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Tom Graham was present to represent the applicant; Luis Cardenas, resident of the adjacent property, was also present at the meeting. Mr. Graham explained the application to the Board, noting that the fence is actually existing at present and outlining the use to which the proposed storage bin will be put. Mr. Cardenas objected to the granting of either portion of the request, saying that the height of the wall is already over code and the applicant is planning to add an- other course of blocks to the existing which would further impact the view from his adjoining residence. BZA 3-22-78 Page 4 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 5 He based his ob]ection to the patio cover on its proximity to his dwelling, citing it as a fire hazard to his property. Also noted by Mr. Cardenas was the fact that the applicant has pre- viously installed an unsightly gas line on the exterior wall of his garage, which presents a very objectionable view from the ad- 3oining lot. There being no other persons to address the Board on this request, the public hearing was closed. Board review concluded that the existing fence is non -conforming and will be required to comply with height requirements of the ordinance code; it was also the consensus that no legal hardship exists for the encroachment of the patio cover and storage unit. ON MOTION BY EADIE AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-7 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The setback encroachment and additional wall height would be detrimental to the welfare of the property owner adjacent to the property in question. 2. The applicant has failed to present sufficient hardship to justify granting of the request. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE The applicant was advised of the appeal period and procedures and the necessity for modification of the already existing viola- tions to conform to code. CONDITIONAL EXCEPTION NO.78-17 Applicant: R.D. Cox To permit the following exceptions for the relocation of a single- family dwelling: 1) construction of a garage at zero setback on the rear property line; 2) location of a freezer structure encroaching into both front and rear property setbacks; 3) a 16.5± foot wall at the rear property line for sound attenuation from the freeway; and 4) construction of a wall on the front property line, on a site located on the south side of Sugar Avenue opposite the intersection with Rushmoor Lane in an R1, Low Den- sity Residential District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. BZA 3-22-78 Page 5 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 6 Chairman Eadie opened the public hearing. Dave Coles and Dick Kaupp were present at the meeting. Mr. Coles addressed the Board to justify the request, explaining that the rear wall will be closer to 18 than 16 feet and was a recommendation in the noise report prepared for the site at the time it was intended to be devel- oped as an R1 tract. The garage and the front wall will not impact any other property owners, as the entire site is under the owner- ship of Mr. Cox and will not be developed with any other dwellings. There being no other persons present to address the Board, the pub- lic hearing was closed. The Board reviewed the request, determining that the variances asked for were all justifiable except for the location of the freezer facility, which could be located on the property in such a manner that it would not encroach into the front setback. Treatment of the front wall was reviewed and the Board asked that cutouts be provided at about three locations in the Sugar Avenue frontage to break up the run of wall. Mr. Coles stated that the applicant would prefer not to install sidewalks along Sugar Avenue, but would have the 12-foot parkway landscaped to provide additional buffering from the street. The applicants were informed that sight angle cuts would be required at the front entry, and also cautioned to put the gate far enough into the property to preclude obstruction of the street by a vehicle waiting entry. Mr. Coles requested permission to step down the 18 foot wall from the point it meets the front property line wall to provide a transi- tion to the 6 foot fence height; however, he was informed that an additional application would be required, since such treatment had not been addressed by this conditional exception. ON MOTION BY EADIE AND SECOND BY ELLSTROM CONDITIONAL EXCEPTION NO. 78-17 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The 16 foot (±) wall is necessary to preserve property rights on the site and to attenuate significantly adverse noise intru- sion from the abutting freeway. 2. No other residents or property owners will be affected by con- struction of the wall. 3. The applicant has demonstrated sufficient hardship to justify the granting of the request, due to the exceptional location of the site adjacent to the freeway. 4. The garage construction at zero setback makes it in effect an integral part of the sound attenuation wall, and to require BZA 3-22-78 Page 6 Minutes, II.B. Board of Zoning Adjustments March 22, 1978 Page 7 the garage to set back from that wall would create an unusable and difficult to maintain area between the wall and the garage. 5. The freezer facility building, relocated as conditioned by the Board, will also be directly abutting the sound attenuation wall and will have no adverse impacts upon any other properties in the vicinity. 6. The shape of the lot, for a substantial amount of its frontage, precludes reasonable use of the property if the front yard set- backs as required by code are strictly adhered to. Therefore, the construction of a front fence at zero property line is nec- essary to preserve substantial property rights of the owner. 7. The granting of the separate portions of this conditional excep- tion request will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The conceptual site plan received and dated March 8, 1978, shall be the approved layout, subject to the modifications described herein: a. The freezer structure shall be relocated with its long dimension paralleling the abutting rear sound attenuation wall, with the front of the struc- ture set back no less than fifteen (15) feet from the front property wall. b. Variation of the front wall by insets to permit a visual break from Sugar Avenue shall be provided, with exact design to be to the approval of the Secre- tary of the Board. Landscaping shall be provided within those insets, of a type and material to be selected by the applicant. The modifications described above shall be depicted upon the plot plan submitted to the Department of Building and Community Devel- opment upon application for permits. B. GENERAL CONDITION: 1. Maintenance of all landscaping shall be the responsibility of the applicant, with no maintenance incumbent upon the City. Said landscaping shall be maintained in a clean and attractive manner. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE BZA 3-22-78 Page 7 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 8 USE PERMIT NO. 78-14 Applicant: Morton Wein To permit construction of a 5,000 square foot commercial building located at the southwest corner of Bushard Street and Banning Ave- nue in a C4, Highway Commercial District. This project is covered by Negative Declaration No. 78-22. Chairman Eadie opened the public hearing on the negative declaration and the use permit requests. Morton Wein and Doris Martinez were present at the meeting. The Board reviewed the information contained in the negative declara- tion request and considered mitigating measures applicable to the project. ON MOTION BY SPENCER AND SECOND BY ELLSTROM THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-22, WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS B1 THROUGH B4 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE Bob Mann, resident of abutting residential property, addressed the Board to inquire what treatment would be given to the rear of the buildings to prevent any objectionable effects to the nearby dwellings. He was informed that the Board would require some type of architectural treatment of the west elevation and storage of materials and trash disposal restricted in that location. There being no other persons to address the Board in reqard to the proposal, the public hearing was closed. Board review found the project substantially in compliance with code. Access to the 4 northerly parking spaces was discussed and the con- sensus was that the angle of entry to those stalls should be modified. ON MOTION BY SPENCER AND SECOND BY ELLSTROM USE PERMIT NO. 78-14 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 will not be detrimental to the general welfare or injurious to property and improvements in the vicinity. BZA 3-22-78 Page 8 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 9 2. The 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 revised site plan received and dated March 22, 1978, shall be the approved layout, subject to the modification described herein: The four parking stalls at the north end of the building shall be redesigned for 90° parking. The modification outlined above shall be depicted upon the plan submitted to the Department of Building and Community Development upon application for building permits. 2. The westerly elevation of the building shall be subject to the approval of the Secretary of the Board. Said eleva- tion shall provide architectural treatment for an aesthet- ically pleasing view from the abutting residential property. 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; . 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. 3. 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 land- scaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechani- cal equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Natural gas shall be stubbed in at the locations of cook- ing facilities, water heaters, and central heating units. BZA 3-22-78 Page 9 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 10 2. Low -volume heads shall be used on all spigots and water faucets. 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. If outside lighting is included on site, high-pressure sodium vapor lamps shall be used to prevent "spillage" onto adjacent areas and for energy savings. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE USE PERMIT NO. 78-15 Applicant: William VandenBush III To permit establishment of a fleet vehicle service facility in an existing industrial building located on the west side of Chemical Lane at the intersection of Chemical and Business Drive in an M1-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Chairman Eadie opened the public hearing. William VandenBush was present at the meeting to explain his proposed operation. Secretary Spencer reported that two letters had been received in relation to the project, one of which discussed hours of operation and the other addressed noise and traffic concerns. Mike Quagletti addressed the Board in opposition to the request, saying that it will be very difficult to control the overflow of parking as proposed by the applicant; that very possibly there could be a transition from intended use as a minor repair facility to major repairs and/or body work; and the project would adversely im- pact the adjoining residential properties through noise and traffic congestion. There being no other persons to address the Board, the public hear- ing was closed. Board review ensued, taking into consideration the nature of the proposed use, the controls over outside storage and parking the applicant has stipulated to, and the compliance with the zoning regulations of such use. Pat Spencer said that he has investigated and several uses of like nature are already existing in the industria park at the present time, and it was his feeling that the subject request could be conditioned to mitigate its impact on surrounding properties. 0 1 BZA 3-22-78 Page 10 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 11 ON MOTION BY SPENCER AND SECOND BY ELLSTROM USE PERMIT NO. 78-15 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 the general welfare or injurious to property and improvements in the general vicinity. 2. The use complies with the zoning requirements of the district in which it is proposed to be located. 3. The granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 4. 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 PEF11ITS: 1. The conceptual site plan received and dated February 21, 1978, shall be the approved layout. 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; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. All activity related to the business shall be conducted within the building. 2. Parking as shown on the approved plot plan shall be desig- nated and used for employee parking only. 3. No storage of automobiles or any other material shall take place within the parking compound or the driveways. 4. Hours of business shall not extend beyond 7:00 p.m. AYES: SPENCER, ELLSTROM NOES: EADIE ABSENT: NONE BZA 3-22-78 Page 11 Minutes, H.B. Board of Zoning Ad3ustments March 22, 1978 Page 12 USE PERMIT NO. 78-17 Applicant: Donald W. Benson To permit construction of a 43,972 square foot commercial and office building located on the west side of Beach Boulevard approximately 92 feet north of Slater Avenue in a C4, Highway Commercial District. This request is covered by Negative Declaration No. 78-23. Chairman Eadie opened the public hearing. Donald Benson, Doris Martinez, and Dave Bowman were present at the Meeting. The Board reviewed the information contained in the negative declara- tion request and considered mitigation measures applicable to the project. ON MOTION BY EADIE AND SECOND BY ELLSTROM THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-23 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS Bl THROUGH B4 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT: NONE There being no persons to address the Board in regard to this pro- 3ect, the public hearing was closed. The Board discussed landscaping, drive width, and building overhang with the applicants. Also discussed was the removal of some parking spaces to accommodate better access from Beach Boulevard. ON MOTION BY EADIE AND SECOND BY ELLSTROM USE PERMIT NO. 78-17 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS OF THE BOARD: 1. The establishment, maintenance, and operation of the use will not be detrimental to the general welfare or injurious to property and improvements in the general vicinity. 2. The 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. BZA 3-22-78 Page 12 Minutes, H.B. Board of Zoning Adjustments March 22, 1978 Page 13 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received and dated March 2, 1978, shall be the approved layout, subject to the modifications described herein: a. The entrance/exit drives from Beach Boulevard on both the southerly and northerly ends of the property shall reflect a clear travel lane of thirty-two (32) feet. b. Two parking stalls shall be eliminated from both the northeasterly and the southeasterly portion of the pro- ject, directly adjacent to the two entry drives. The modifications outlined above shall be depicted upon the plan submitted to the Department of Building and Community Devel- opment upon application for building permits. 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; • 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. Said plan shall reflect intensified landscaping along the Beach Boulevard frontage, in lieu of a wall. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material pro- posed to screen said equipment. 3. Elevations shall be submitted to the Secretary of the Board for review and approval prior to issuance of building permits. B. GENERAL CONDITIONS: 1. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. BZA 3-22-78 Page 13 Minutes, H.B. Board of Zoning Ad3ustments March 22, 1978 Page 14 2. Low -volume heads shall be used on all spigots and water faucets. 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. If outside lighting is included on site, high-pressure sodium vapor lamps shall be used to prevent "spillage" onto adjacent areas and for energy savings. AYES: SPENCER, EADIE, ELLSTROM NOES: NONE ABSENT:NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. arles P. Spence Secretary P:94 1 BZA 3-22-78 Page 14