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HomeMy WebLinkAbout1978-04-261 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, APRIL 26, 1978 - 1:15 PM BOARD MEMBERS PRESENT: SPENCER, EADIE, CROSBY CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT MINUTES: ON MOTION BY SPENCER AND SECOND BY CROSBY THE MINUTES OF THE REGULAR MEETING OF APRIL 12, 1978, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: PLOT PLAN AMENDMENT NO. 78-2 Applicant: Donald Peart A.I.A. To permit construction of a 150 square foot storage building and placement of a 12 square foot building identification sign on pro- perty located on the south side of Heil Avenue approximately 350 feet west of Graham Street in an R1, Low Density Residential District. This request is a Categorical Exemption, Class 1, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Donald Peart was present at the meeting. There being no persons to address the Board on the subject proposal, the public hearing was closed. Board review ensued. ON MOTION BY CROSBY AND SECOND BY SPENCER PLOT PLAN AMENDMENT NO. 78-2 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The proposal fulfills criteria established by ordinance code for granting of plot plan amendments, in that the amendment does not constitute a substantial change from the original plan and the proposed use of the property remains the same. Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 2 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plot plan received and dated April 5, 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: . 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 identification sign depicted upon Exhibit DD shall be the approved sign. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-20 (In Conj./UP 78-22) Applicant: J. Scott Fawcett To permit encroachment into the required rear yard (10') setback and the required side yard (10') setback on property located on the east side of Beach Boulevard approximately 148 feet south of Taylor Avenue in a C4, Highway Commercial District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. USE PERMIT NO. 78-22 (In Conj./CE 78-20) Applicant: J. Scott Fawcett To permit construction of a 13,600 square foot shopping center located on the east side of Beach Boulevard approximately 148 feet south of Taylor Avenue in a C4, Highway Commercial District. This request is covered by ND 77-102, adopted by the City Council on November 21, 1977. Chairman Eadie opened the public hearings on the conditional excep- tion and the use permit requests. Scott Fawcett and Spence Marquis were present to represent the applications. Mr. Fawcett addressed the Board to justify the zero yard setbacks, noting that the proposal would provide privacy for adjacent lots and elim- inate a narrow strip which could collect trash and refuse and harbor rodents. He also informed the Board that neighboring resi- dents were in favor of his proposal. �J BZA 4-26-78 Page 2 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 3 There being no other persons present to address the Board in regard to the project, the public hearing was closed. The Board reviewed the revised plan very extensively. There is a frontage road terminating at the northerly property line, which Public Works needs to discuss to determine how it will be treated. It was the consensus of the Board that, while the set- back on the easterly property line might be justifiable, the northerly encroachment would be too close to a public right-of-way and would not servo as an adequate buffer between the commercial and residential uses. It was the opinion of the Board that Building B should set back some distance from the property line to afford installation of landscaping and turnaround at the end of the frontage road. Since it is possible to site the buildings on the property within code requirements, the Board could find no hardship to justify the conditional exception; therefore, it was decided to continue the hearing to permit staff and the applicants to meet and work out revisions to the layout. Bruce Crosby will also research the problem of the frontage road prior to the next hearing on the project. ON MOTION BY EADIE AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 78-20 AND USE PERMIT NO. 78-22 WERE CONTINUED, WITH THE CONCURRENCE OF THE APPLICANTS, TO THE REGULAR MEETING OF MAY 3, 1978, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-22 Applicant: Charles Hermansen To permit: 1) reduction of minimum side yard setback from 6 to 5 feet; 2) encroachment of a 6-foot high fence into the rear yard setback; and 3) to permit zero lot line wall to abut a public alley, on property located on the north side of Portland Avenue between Alabama and Huntington Streets in the Oldtown Specific Plan District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Mike Major and Charles Hermansen were present at the meeting. Mr. Hermansen justified the side yard setback by pointing out that it provided a superior unit design, and said that the alley setback at zero would pro- vide privacy and noise control for the residents of that unit. There being no other persons to address the Board, the public hearing was closed. BZA 4-26-78 Page 3 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 4 Board review ensued. Pat Spencer informed the applicants that the present review is for the variances requested only, and will not consider whether or not the project complies with code in any other respects. Bruce Crosby questioned the need for variances in an as yet undeveloped tract with no existing con- straints from prior construction, pointing out that it could establish a precedent for other developers. ON MOTION BY SPENCER AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 78-22, PORTION 1, WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, AND PORTIONS 2 AND 3 WERE DENIED FOR THE FOLLOW- ING REASONS, BY THE FOLLOWNING VOTE: FINDINGS OF THE BOARD FOR PORTION NO. 1: 1. The reduction in setback proposed is minimal, consisting of a one -foot width for approximately 30 feet of the total length of the structures. 2. Side yard setbacks would average approximately nine (9) feet, with the allowed encroachment. 3. The proposal meets the intent of the Ordinance Code to provide a livable separation on the properties. 4. The granting of the request would not create any encroachment on the light, ventilation, or privacy of adjacent properties. 5. Granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plan received and dated April 17, 1978, shall be the approved conceptual plan, subject to the following: a. The unit directly abutting the north -south alley shall be constructed with a reverse layout, to provide the zero setback on the interior property line. b. Units adjacent to the reduced setbacks shall be con- structed at zero side yard setback. A revised plan reflecting the above shall be submitted to the Secretary of the Board. In its approval action, the Board of Zoning Adjustments considered the following issues -in relation to the conceptual plan: C BZA 4-26-78 Page 4 1 Minutes, H.B. Board of zoning Adjustments April 26, 1978 Page 5 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. REASONS FOR DENIAL OF PORTIONS 2 AND 3: 1. The applicant has failed to submit sufficient proof of hard- ship to justify granting of the conditional exception requests for the fence encroachment and the zero alley setback. 2. Alternative layout could be utilized to site the dwelling on the lot. 3. Granting of the request would establish an undesirable preded- ent. AYES: SPENCER, CROSBY NOES: EADIE ABSENT: NONE TENTATIVE PARCEL MAP NO. 78-16 (In Conj./AR 78-36) Applicant: Jerry Tarrant To permit division of one lot into two (2) separate parcels loc- ated on the east side of Enterprise Lane approximately 190 feet north of Mountjoy Drive in an Ml, Light Industrial District. This request is covered by ND 74-150, adopted for the industrial tract in which the project is proposed to be located. Jerry Tarrant was present at the meeting and indicated his receipt of and concurrence with the suggested conditions of approval pre- viously forwarded to him. ON MOTION BY CROSBY AND SECOND BY EADIE TENTATIVE PARCEL 14AP NO. 78-16 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING 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 April 7, 1978, 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. BZA 4-26-78 Page 5 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 6 3. Copies of the recorded parcel map shall be filed with the Planning Department and the Department of Public Works. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-36 (In Conj./TPM 78-16) Applicant: Jerry Tarrant To permit construction of two 8,320 square foot industrial build- ings located on the east side of Enterprise Lane approximately 190 feet north of Mountjoy Drive in an Ml, Light Industrial District. This request is covered by ND 74-150, adopted for the industrial tract in which subject project is proposed to be located. Jerry Tarrant was present at the meeting. Board review found the plan to be substantially in compliance with code requirements except for minor deficiencies in parking count and drive width,, which can be corrected through a decreased build- ing size of resiting of the structures. ON MOTION BY CROSBY AND SECOND BY EADIE ADMINISTRATIVE REVIEW NO. 78-36 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 conceptual site plan received and dated April 7, 1978, shall be the approved layout, subject to compliance with all code requirements for parking spaces and drive widths. 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 BZA 4-26-78 Page 6 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 7 and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mech- anical equipment and shall delineate the type of material proposed to screen said equipment. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-37 Applicant: David Levinson To permit construction of a triplex located on the southeast corner of Walnut Avenue and 12th Street in an R4, Multiple -Family Residential District. This request is a Categorical Exemption, Class 3, California En- vironmental Quality Act, 1970. David Levinson was present at the meeting. The Board reviewed the plan. Bruce Crosby instructed the appli- cant that 2-1/2 feet of alley dedication and a twenty (20) foot radius at the intersection will be required. ON MOTION BY EADIE AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 78-37 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PEW1ITS: 1. The conceptual site plan, floor plan, and elevations 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; • 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: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE BZA 4-26-78 Page 7 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 8 ADMINISTRATIVE REVIEW NO. 78-38 Applicant: Corbin/Yamafuji and Partners, Inc. To permit construction of a 25,508 square foot office building and warehouse facility located on the south side of Bolsa Ave- nue approximately 940 feet west of Graham Street in an MI -A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Dan Dickenson was present to represent the application. The Board reviewed the drive access restrictions imposed on the TT 868811X" map for the applicant's information, and Mel Ott dis- cussed Fire Department requirements for access to the rear build- ing on the property, giving the proponents the choice of a wider drive or sprinklering of the warehouse structure. He also noted the requirement for a hydrant on -site. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 78-38 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 site plan received and dated April 10, 1978, shall be the approved layout, subject to the following modifications: a. The front entry drive shall be a reciprocal drive with the property adjacent to the east, and shall have a minimum clear width of twenty (20) feet on the subject property. b. The drive on the easterly side of the property shall be a minimum width of thirty-two (32) feet from the edge of the parking to the building or the warehouse building on the rear of the lot shall be sprinklered, in which case the drive depicted on the approved plan shall be acceptable. The modifications listed above shall be depicted on the plans 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; BZA 4-26-78 Page 8 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 9 . 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. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mech- anical equipment and shall delineate the type of material proposed to screen said equipment. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-39 Applicant: A1vin,J. Hobrecht To permit construction of a 10,000 square foot industrial build- ing located on the west side of Computer Lane approximately 100 feet north of Research 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. Alvin Hobrecht was present at the meeting. Board review found the plan in compliance with code. Mel Ott in- dicated to the applicant that the covered shed at the rear of the property would require an increase in drive width to thirty-two feet or sprinklering of the rear building, and the applicant said he would remove the shed from his project. ON MOTION BY CROSBY AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 78-39 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 site plan received and dated April 12, 1978, shall be the approved layout, with the following modification: BZA 4-26-78 Page 9 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 10 The roofed -over shed at the rear of the lot shall be deleted from the plan. The above modification shall be depicted upon the plan sub- mitted to the Department of Building and Community Develop- ment upon application for building permits. In its approval action, the Board 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. Landscaping and irrigation plan complying with Art- icle 979 of the Huntington Beach Ordinance Code and landscaping 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. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE MISCFLLANFO771.; AC.F.NDA ITEMS ADMINISTRATIVE REVIEW NO. 78-42 Applicant: Irene Slater To permit a one -day promotional event to be held on May 6, 1978, between the hours of 10:00 a.m. and 1:30 p.m., said event to be held in the shopping center located on the northwest corner of Atlanta Avenue and Magnolia Street. The Board reviewed the proposed project. ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 78-42 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: BZA 4-26-78 Page 10 1 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 11 CONDITIONS OF APPROVAL: 1. The plot plan and project description received and dated April 21, 1978, shall be the approved application. 2. The applicant shall obtain all necessary electrical permits. 3. An on -site inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance form shall be filed in the License Division of the Finance Department ten (10) days prior to the event. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 77-94 (Reconsideration) Applicant: Thomas Bernatz To permit modification to previously imposed conditions of approval for the construction of a 15,000 square foot general commercial building located on the southwest corner of Beach Boulevard and Terry Drive in a C4, Highway Commercial District. The applicant has requested that the Board consider deleting the requirement for reciprocal drive access between the subject prop- erty and the adjacent property to the south, as the neighboring owner has refused to grant any permanent reciprocal use of the drive. The Board reviewed the site layout as previously approved and determined that loss of the reciprocal access will require some alterations to the circulation pattern on the site, which the proponent is willing to work out with staff. ON MOTION BY SPENCER AND SECOND BY EADIE THE CONDITIONS OF APPROVAL FOR USE PERMIT NO. 77-94 WERE AMENDED AS FOLLOWS, BY THE FOLLOWING VOTE: REVISED CONDITIONS OF APPROVAL: 1. Condition No. B-2 of the original conditions dated November 30, 1977, shall be deleted. 2. A revised plan delineating a revised circulation layout for the project shall be submitted to the Secretary of the Board for his review and approval. 3. A landscaping strip of a minimum width of seven (7) feet shall be depicted on the revised plan along the south property line of subject site. BZA 4-26-78 Page 11 Minutes, H.B. Board of Zoning Adjustments April 26, 1978 Page 12 4. All other applicable conditions of approval previously imposed shall continue to apply. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Charles P, S encer Secretary :df BZA 4-26-78 Page 12