HomeMy WebLinkAbout1978-05-03MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8 - Civic Center
2000 Main Street
Huntington Beach, California
WEDNESDAY, MAY 3, 1978 - 1:15 PM
BOARD MEMBERS PRESENT: LIPPS, EADIE, CROSBY
CITY STAFF PRESENT: CHUCK BURNEY, FIRE DEPARTMENT
MINUTES: ON MOTION BY CROSBY AND SECOND BY EADIE THE MINUTES OF
THE REGULAR MEETING OF APRIL 19, 1978, WERE APPROVED AS TRANSCRIBED,
BY THE FOLLOWING VOTE:
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
REGULAR AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 78-20 (In Conj./UP 78-22)
Applicant: J. Scott Fawcett
To permit encroachment into the required rear yard setbacks 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 Envir-
onmental Quality Act, 1970.
Chairman Eadie opened the public hearing. Scott Fawcett and Paul
Bruckner were present to represent their application. There being
no persons to address the Board in regard to the exception request,
the public hearing was closed.
The Board reviewed the revised layout, which now shows zero setback
on the east only.
ON MOTION BY EADIE AND SECOND BY LIPPS CONDITIONAL EXCEPTION NO.
78-20 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. Because of the drive immediately adjacent to the zero setback
allowed by the conditional exception, the intent of the code
for adequate buffering from abutting residential uses is accom-
plished.
Minutes, K.B. Board of Zoning Adjustments
May 3, 1978
Page 2
2. The zero setback on the rear property line will eliminate an
unusable area which would be difficult to develop and main-
tain.
3. The reduced setback is not substantially different from similar
exceptions the Board has allowed in similar circumstances on
other properties in the City.
4. Granting of the conditional exception will not be materially
detrimental to the health, safety, or welfare of neighboring
residents or injurious to property and improvements in the gen-
eral area.
CONDITIONS OF APPROVAL:
A. TO BE COP'IPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The revised plan received and dated May 1, 1978, shall be
the approved layout, depicting zero setback on the easterly
property line only.
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.
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
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 loc-
ated 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 Negative Declaration No. 77-102, adopted
by the City Council on November 21, 1977.
Chairman Eadie opened the public hearing. Scott Fawcett and Paul
Bruckner were present at the meeting; there being no other persons
present to address the Board on the project, the public hearing
was closed.
The Board review of the revised plan included discussion of the
location of the trash area, the aesthetics of the elevations as
viewed from adjacent properties, and project signing. The Fire
Department representative indicated that access was adequate for
emergency purposes.
BZA 5-3-78 Page 2
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 3
ON MOTION BY EADIE AND SECOND BY CROSBY USE PERMIT NO. 78-22 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 of persons residing
or working in the vicinity or injurious to property or improve-
ments in the general area.
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 conceptual revised site plan received and dated May 1,
1978, shall be the approved layout.
In its approval action, the Board of Zoning Adjustments considered
the following issues in regard 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 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 mechanical
equipment and shall delineate the type of material pro-
posed to screen said equipment.
c. A revised north elevation for Building B. Said eleva-
tion shall depict architectural treatment of the
building wall to improve its aesthetics as viewed from
the abutting property to the north.
3. The signing depicted on the approved plan shall not be a
part of this approval, but shall be subject to separate
BZA 5-3-78 Page 3
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 4
action as required by code.
4. Natural gas and 220V electrical shall be stubbed in at the
location of clothes dryers, if applicable.
5. Natural gas shall be stubbed in at the locations of cook-
ing facilities, water heaters, and central heating units.
6. Low -volume heads shall be used on all spigots and water
faucets.
7. All building spoils, such as unusable lumber, wire, pipe,
and other surplus or unusable material, shall be disposed
of at an off -site facility equipped to handle them.
8. 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.
9. Location of the trash facilities shall be subject to the
approval of the Secretary of the Board after final build-
ing drawings have been completed.
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
PLOT PLAN AMENDMENT NO. 78-3
Applicant: Huntington Townhouse Partnership
To permit revision to a previously approved site plan for a 105-
unit residential project (TT 10142) located on the north side of
Main Street between Delaware and Huntington Streets in R2 and R3
Zoning Districts.
This request is covered by Negative; Declaration No. 77-117, adopted
by the Planning Commission on December 20, 1977.
Chairman Eadie opened the public hearing. George Alvarez was pre-
sent to represent the application and reviewed the extent of the
modifications he has proposed. He pointed out that he has relocated_
the racquetball court out of the center of the project, reairanged
the parking -without loss of spaces, and provided garage setback of
twenty (20) feet for 36 of the units (as opposed to the code re-
quirement that 50 percent of the units have drives of such depth;
other guest parking is provided in separate parking bays, for which
the applicant was given credit against the 50 percent requirement).
He asked the Board for clarification on the trash pickup facilities,
explaining that he plans to provide individual trash areas for the
individual units. The Board found this concept acceptable.
There being no persons to address the Board on the proposed modi-
fications, the public hearing was closed.
BZA 5-3-78 Page 4
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 5
The Board reviewed the revised site plan. Chuck Burney said that
the main access is adequate if the island is moved sufficiently
to provide thirty-two (32) feet curb -to -curb.
ON MOTION BY CROSBY AND SECOND BY LIPPS PLOT PLAN AMENDMENT NO.
78-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
The proposal substantially complies with the criteria established
by Ordinance Code for granting of a plot plan amendment, in that:
1. The amendment does not constitute a substantial change.
2. The proposed use of the property remains the same.
3. The dwelling unit density has not been increased.
4. The adjustment results in an improved plan for the project.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The revised conceptual plot plan received and dated May 3,
1978, shall be the approved layout, subject to the follow-
ing modification:
The nose of the median island shall be moved southerly so
the dimension from the nose of the island to the other
side of the street is thirty-two (32) feet.
The modification outlined above shall be delineated upon the
plan submitted to the Department of Building and Community De-
velopment upon application for building permits.
AYES: LIPPS, EADIt, CROSBY
NOES: NONE
ABSENT: NONE
CONDITIONAL EXCEPTION NO. 78-24
Applicant: Phil Herman
To permit construction of a 5-foot high wall at a setback ranging
from 716" to 15' from a front property line on property located
on the west side of Crimson Circle approximately 250 feet north of
Garfield Avenue in an Rl, Low Density Residential District.
This request is a Categorical Exemption, Class 5, California Envir-
onmental Quality Act, 1970.
BZA 5-3-78 Page 5
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 6
Chairman Eadie opened the public hearing. Mr. and Mrs. Herman
were present at the meeting. Nancy Becker and Bonnie Randall,
residents of neighboring properties, addressed the Board in support
of the request. There being no other persons to speak for or
against the proposal, the public hearing was closed.
The Board considered the topography of the immediate area and the
curvature of the street as it would affect placement of the court-
yard, the special shape of the lot, and the safety factors such as
possible sight angle encroachment which might result from the con-
struction of the wall. Bruce Crosby pointed out that there are
many similar homes in the tract which could add the courtyard with-
out requiring any variance and, in his opinion, the shape of the
lot would constitute a hardship on the property.
ON MOTION BY LIPPS AND SECOND BY EADIE CONDITIONAL EXCEPTION NO.
78-24 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. The granting of the Conditional Exception will not constitute
a grant of special privilege inconsistent upon other properties
under the same zoning classification.
2. The configuration of the lot and the abutting street make
granting of the exception necessary to preserve substantial
property rights and permit the applicant the full enjoyment of
his property.
3. The wall as requested will obstruct the intrusion of headlights
from oncoming vehicles into the dwelling unit.
4. The granting of the conditional exception will not be materially
detrimental to the public welfare or injurious to property in
the immediate vicinity.
5. The 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 site plan received and dated April 13, 1978,
shall be the approved layout, subject to the following:
To ensure that the proposed wall will not constitute a
safety hazard, the plan shall be subject to the inspection,
modification if necessary, and approval of the City
Traffic Engineer.
BZA 5-3-78 Page 6
1
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 7
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: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
USE PERMIT NO. 78-23
Applicant: James Montgomery/W.S.B. Associates
To permit construction of an 11-unit apartment complex to be con-
structed in two phases on property located on the west side of
Holly Street approximately 100 feet north of Main Street in an
R3, Limited Multi -Family Residential District.
This request is covered by Negative Declaration No. 78-37.
Chairman Eadie opened the public hearing on the negative declara-
tion and the use permit applications. Ray Hart was present to
represent the applicants. The Board reviewed the information
contained in the negative declaration application and considered
mitigation measures applicable to the project.
ON MOTION BY EADIE AND SECOND BY LIPPS THE BOARD, HAVING FOUND
THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT
UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO.
78-37 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS 4
THROUGH 9 IMPOSED UPON THE USE PERMIT, BY THE FOLLOWING VOTE:
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
Secretary Lipps reported that the plan check finds the project
in general conformance with code except for the size and location
of the open space provided for Phase II of the project; i.e., the
open space is too great a distance from the units it is proposed
to serve. After discussion, it was the consensus of the Board
that Phase I could be approved today without limiting the potential
for modification of the open space on the remainder of the
property and a separate application filed for the three units on
the rear of the property, with the open space more centrally sited.
The applicant concurred with this approach. Also discussed was
the reciprocal access provided for the property.
BZA 5-3-78 Page 7
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 8
The public hearing was closed.
ON MOTION BY EADIE AND SECOND BY LIPPS USE PERMIT NO. 78-23
WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
VOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. The establishment, maintenance, and operation of the use will
not be detrimental to the general welfare of persons residing
or working in the vicinity or injurious to property and im-
provements in the area.
2. The granting of the use permit will not adversely affect the
General Plan of the City of Huntinqton 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 site plan received and dated April 11,
1978, shall be the approved layout for Phase I only of
the project.
In its approval action, the Board of Zoning Adjustments considered
the following issues in regard 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. A copy of the recorded reciprocal access agreements on the
property shall be submitted to the Planning Department
prior to issuance of permits.
3. Phase 2 of the project shall be subject to filing of a new
use permit application.
4. Natural gas and 220V electrical shall be stubbed in at the
location of clothes dryers.
5. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.
6. Low -volume heads shall be used on all spigots and water
faucets.
BZA 5-3-78 Page 8
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 9
7. 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.
8. The structures on the subject property, whether attached
or detached, shall be constructed in compliance with the
state acoustical standards set forth for all units that lie
within the 60 CNEL contours of the property.
9. Sewer and drainage facilities shall be installed in accord-
ance with Department of Public Works standards.
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
ADMINISTRATIVE REVIEW NO. 78-40
Applicant: Robert A. Rowe
To permit construction of multi -tenant industrial buildings with
a total of 49,218 square feet located on the south side of Bolsa
Avenue approximately 900 feet east of Bolsa Chica Road in an M1-A,
Restricted Manufacturing District.
This request is covered by EIR 73-16, adopted by the City Council
on March 18, 1974.
Robert Rowe was present at the meeting.
In its review of the plan, the Board discussed the lack of corner
cutoffs on the building, considering the 32-foot drive width which
is provided. Chuck Burney of the Fire Department indicated that
the plan as drawn presents no problem as far as emergency fire
equipment access is concerned, and it was the consensus of the Board
that the plan meets the intent of the code for circulation and no
corner cutoffs are required.
Chuck Burney discussed Fire Department requirements with the appli-
cant, including identification of the units to the rear, provision
of personnel doors in the roll -up doors, and a possible loop system.
He advised the applicant to meet with Fire Department personnel as
soon as he has building plans ready so that the fire flow may be
established early in the process.
The Board informed the applicant that his plans to divide the prop-
erty in the future will not be met by the present layout, explain-
ing the code requirements of zero and zero or zero and 30 foot
setback. After discussion, it was the consensus of the Board and
the applicant that the present plan should be approved and, if it
is still the developer's desire to split the property, a revised
plan would be provided at a later date.
BZA 5-3-78 Page 9
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 10
ON MOTION BY CROSBY AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO.
78-40 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 site plan received and dated April 25, 1978,
shall be the approved layout, subject to the following:
The plan shall be revised to remove the "future property
line" delineated thereon.
This deletion shall be depicted on 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;
. 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. A landscaping and irrigation plan shall be submitted to the
Secretary of the Board for his review and approval. Said
plan shall comply with Article 979 of the Huntington Beach
Ordinance Code and landscaping specifications on file in the
Department of Public Works.
AYES: LIPPS, CROSBY
NOES: EADIE
ABSENT: NONE
MISCELLANEOUS AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 78-22 (Reconsideration)
Applicant: Charles Hermansen
To permit reduction of minimum side yard setback from 6 to 5 feet;
encroachment of a 6-foot high fence into the rear yard setback;
and to permit zero lot line wall to abut a public area on property
located on the north side of Portland Avenue between Alabama and
Huntington Streets in the Oldtown Specific Plan District.
BZA 5-3-78 Page 10
Minutes, H.B. Board of Zoning Adjustments
May 3, 1978
Page 11
Chairman Eadie explained to the Board that the tract map for the
subject project has not recorded and the subdivision of the lots
therefore does not exist. The prior approval of the request was
in that case invalid, as no action could be taken with regard to
non-existent lot lines.
ON MOTION BY CROSBY AND SECOND BY EADIE THE BOARD DETERMINED TO
RECONSIDER ITS FORMER APPROVAL OF CONDITIONAL EXCEPTION NO. 78-22,
BY THE FOLLOWING VOTE:
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
ON MOTION BY CROSBY AND SECOND BY EADIE THE BOARD RESCINDED ITS
APPROVAL OF CONDITIONAL EXCEPTION NO. 78-22 AND AUTHORIZED REFUND
OF THE FILING FEE FOR THE APPLICATION, BY THE FOLLOWING VOTE:
AYES: LIPPS, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
1
Walter Lipps, Secretary Pro Tem
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BZA 5-3-78 Page 11