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HomeMy WebLinkAbout1978-05-10MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 10, 1978 - 1:15 PM BOARD MEMBERS PRESENT: SPENCER, EADIE, CROSBY CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT MINUTES: ON MOTION BY EADIE AND SECOND BY SPENCER THE MINUTES OF THE REGULAR MEETING OF APRIL 26, 1978, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: OIL WELL ACTIVATION NO. 78-1 Applicant: Chevron USA To permit reactivation of a Chevron USA oil well known as Hunting- ton "B" 149, located approximately 173 feet north of Yorktown Avenue and 655 feet east of Main Street in an R2-0-PD-CD. This request is covered by Negative Declaration No. 78-40. Chairman Eadi-e opened the public hearing on the negative declara- tion request. No one was present to represent the application or to address the Board in regard to the request, and the public hearing was closed. The Board reviewed the information contained in the negative dec- laration request. ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-40 13Y THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 2 Board review of the activation request ensued. ON MOTION BY EADIE AND SECOND BY CROSBY OIL WELL ACTIVATION NO. 78-1 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: CONDITIONS OF APPROVAL: 1. The request and description received and dated April 19, 1978, shall be the approved project. 2. The applicant shall comply with all provisions of the Hunt- ington Beach Oil Code. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-26 Applicant: Pamela and John Swanson To permit a two (2) foot encroachment into the required five (5) foot side and rear yard setbacks on property located on the south side of Bosun Circle approximately 200 feet west of Westwinds 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. Mrs. Swanson was pre- sent and submitted a letter from Connie Martinez, a neighbor, in support of her request. There being no other persons to address the Board, the public hearing was closed. Board review of the request followed, taking into consideration the shape of the subject property and the minimal amount of en- croachment requested. ON MOTION BY EADIE AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-26 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The amount of the proposed encroachment is minimal and will not diminish the minimum open space requirement for the property. 2. The configuration of the subject lot precludes placement of the addition within the required setbacks. 3. No opposition has been expressed to the proposal by surround- ing notified residents, and a letter in support of the proposal has been received from the owner of an abutting property. BZA 5-10-78 Page 2 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 3 4. The granting of the exception will not adversely affect the health, safety, or welfare of residents of surrounding property nor be injurious to property and improvements in the immediate vicinity. 5. Granting of the exception does not constitute granting of special privilege not available to owners of similar parcels in the same zoning classification. 6. Granting of the conditional exception does 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 site plan received and dated April 24, 1978, shall be the approved layout. In its approval action, the Board of Zoning Adjustments consid- ered 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: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-27 Applicant: Thomas L. Jacobs To permit reduction in side yard setback from a front property line to main entry, from five (5) feet required to three (3) feet provided on property located on the west side of Alabama Street approximately 100 feet south of Chicago Avenue in the Old - town Specific Plan, Area 2. This request is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Chairman Eadie opened the public hearing. Thom Jacobs was pre- sent at the meeting and explained that his purpose in filing the request is to maintain the single family nature and appearance on the project. There being no other persons to address the Board, the public hearing was closed. Board review considered the original intent of the special dis- trict provisions and possible alternative layouts available to the applicant. BZA 5-10-78 Page 3 Minutes, H.B . Board of Zoning Adjustments May 10, 1978 Page 4 ON MOTION BY SPENCER AND SECOND BY EADIE CONDITIONAL EXCEPTION NO. 78-27 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The code revisions contained in the Oldtown Specific Plan were designed primarily to apply to lots with alley access. In the absence of such access on the subject property, applicant cannot comply with the code and provide front -on garages without sacrificing the integrity of the single- family dwelling units he is attempting to develop. (Code Section 9834.) 7 2. Applicant has been unable to obtain the concurrence of abutting properties to provide fro zero setback from the property lines. 3. Adequate access is provided into the dwelling units through the front -on garages to permit moving of furniture, appli- ances, etc. 4. Granting of the conditional exception will not be detrimental to the health, safety, or welfare of residents of neighbor- ing properties or injurious to improvements or property in the vicinity. 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 site plan received and dated April 24, 1978, shall be the approved layout. In its approval action, the Board of Zoning Adjustments consid- ered the following issues relating 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: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE 1 r� BZA 5-10-78 Page 4 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 5 USE PERMIT NO. 78-25 Applicant: Ken Reynolds To permit establishment of a self -serve car wash facility located on the southeast corner of Bushard Street and Hamilton Avenue in a C4, Highway Commercial District. This request is a Categorical Exemption, Class 2, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Ken Reynolds was present at the meetinq and addressed the Board to explain his request. --Mr. Rey- nolds submitted an updated plan with additional information as to location of future parking, additional dimensions, and setbacks; Dave Eadie made a copy of this plan available to the audience for review. Mr. Reynolds outlined the proposed layout of his project, noting that space has been reserved on the site for a 2500 square foot future commercial use (the area reserved for this building would be landscaped in the interim between construction of the car wash and actual construction of the new facility). He plans to operate the car wash on a 24-hour, 7-day week basis. Lighting would be fluorescent fixtures approximately 100 feet from adjacent residen- tial, directed onsite, and signing is planned to be two monument - type signs located in the landscaping areas. The following persons addressed the Board in opposition to the request: Dan Kaylor 9501 Drumbeat Drive, H.B. Mr. Kaylor's comments included discussion of hours of operation; amount of added traffic flow and traffic patterns such as possible intrusion of autos into the tracts while making U-turns and danger from a blind spot at the alley intersection; invasion of privacy resulting from the height of stalls within the use; height and nature of the future commercial building; noise levels; lighting; risks of added burglaries in the area; and danger to children and bikers. Mr. Kaylor also submitted a petition in opposition to the use; this petition contained approximately 200 signatures of area resi- dents. Bob Deck 9561 Drumbeat Drive, H.B. Mr. Deck questioned the exempt status of the request, stating that the building size should not be the criterion for determin- ing the need for environmental assessment but the actual effects BZA 5-10-78 Page 5 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 6 which might be expected to result from the use. He discussed the possible effects on the emotional and physical well being of the adjacent residents and noted that traffic would be a hazard for both children and bikers. Mr. Deck pointed out that there is a left-hand turning lane into the LaCuesta tract at about the same point the alley on the subject property empties into Bushard, which would further complicate use of the alley as access for the car wash. He requested that an Environmental Impact Report for the project be prepared, as well as a comprehensive noise study. Phyllis Sariego Ms. Sariego expressed the opinion that the use would hamper the accessibility of the 7-11 store in the shopping center to the children in the neighborhood. She also discussed the possible adverse effects to the community from outside people coming in to use the car wash facility. Vito Fiore 9462 Pier Drive, H.B. Mr. Fiore based his opposition to the project on the safety factors involved. Mrs. Deck 9561 Drumbeat Drive, H.B. Noise intrusion into the neighborhood and danger to the children using the area were Mrs. Deck's primary areas of concern. Jane Smith: 9521 Drumbeat Drive, H.B. Ms. Smith questioned the status of Hamilton Avenue as a primary arterial, and agreed with earlier speakers on the traffic dangers which could result from the use. Al Steinberg Regatta Drive, H.B. Mr. Steinberg stressed the impact the approval of the use would have on the safety of children. The Board requested Mr. Reynolds to respond to some of the ques- tions raised by the audience. He discussed these issues as follows: A recent traffic count at the intersection shows 20,500 vehicles daily, to which his projected traffic of 7,000 automobiles monthly would add only marginally. He informed the Board that the alley was intended to be used for in and out traffic and could be striped for traffic control. He explained that equipment would consist of electric motors to power the BZA 5-10-78 Page 6 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 7 water pumps and would be housed in an equipment room enclosed by 8-inch block walls. Vacuums would be inside block enclosures and would be 100 feet removed from the property line and about 120 feet removed from the first adjacent dwelling. He also noted that he intends the use for a neighborhood facility which should not attract many outsiders. Members of the audience requested that the sources of the traffic count, the arterial capacity, and the estimated additional traffic be made available for their study. There being no other persons to address the Board, the public hearing was closed. The Board reviewed the request, considering the information sub- mitted by Mr. Reynolds and the comments received from the citizens present. Mel Ott said that fire access is available and satisfactory to the Fire Department. He also noted that the old gasoline tanks have already been removed from the site. Bruce Crosby reported the City Traffic Engineer has found that no additional problem with traffic should occur. He also explained for the information of those present the designation of highways as "primary" and "secondary" arterials. Pat Spencer reported that there is one other car wash in a resi- dential area of the City, and the only problem has been with night activity; it would be possible to mitigate impact by limiting the hours of operation. He noted that, in his opinion, the addition of 7,000 vehicles per month would be very minimal, but that he felt using the alley as primary access for the facility would not be satisfactory. He cited the blind corner caused by the wall extending all the way to the property line and discussed methods to correct the danger, such as a corner cutoff. Dave Eadie felt that a salient issue is safety, both traffic - related and as a result of possible loitering in the area; he discussed the two-way nature of the car wash traffic, the block wall, hours of operation and the operational aspects, and the possibility of burglaries in the neighborhood. He also explained to the audience the guidelines for implementation of the Environmental Quality Act under which the project had been det- ermined to be exempt, and pointed out that the Board will consider questions of noise, traffic, safety, etc., which might have been addressed in a request for negative declaration. After further discussion among residents, the Board, and the applicant, it was the consensus that the request be continued to BZA 5-10-78 Page 7 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 8 permit City staff to investigate the questions raised at this meeting and to allow the proponent to consider addressing the input received as a result of the public hearing. Mr. Reynolds indicated that he could have revised plans submitted to the Planning Department for staff and public review by Wednesday, May 17. ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 78-25 WAS CONTINUED TO THE MEETING OF MAY 24, 1978, WITH THE CONCUR- RENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE Chairman Eadie reopened the public hearing and continued said hearing to the May 24, 1978, meeting. USE PERMIT NO. 78-26 Applicant: Foxx Development Corporation To permit construction of a four-plex and a triplex abutting an arterial highway; property is located on the west sideof Delaware Street approximately 330 feet north of Utica Avenue in an R2-0 District. This project is covered by Negative Declaration No. 77-64, adopted by the Planning Commission on October 4, 1977. Chairman Eadie opened the public hearing. A representative of Foxx Development was present at the meeting. There being no per- sons to address the Board for or against the proposal, the public hearing was closed. The Board reviewed the elevations for the units fronting on the arterial noting that, even though the map has not yet recorded, the present application does not concern any property lines and can be acted upon with certain qualifying conditions imposed. ON MOTION BY SPENCER AND SECOND BY CROSBY USE PERMIT NO. 78-26 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The elevations are appropriate and meet the intent of the code requirement for review - i.e., to enhance the visual aspects as viewed from the arterial. 2. Granting of the use permit does 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 5-10-78 Page 8 1 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 9 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The elevations received and dated May 10, 1978, shall be the approved layout for elevations only; this action has not taken any other aspects of the project into considera- tion. 2. This approval shall become null and void if the tract map for Tract 9653 does not record per the preliminary site plan, subject to compliance with all code requirements. In its approval action, the Board of Zoning Adjustments considered the following issues in relation to the conceptual plan: . 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 TENTATIVE PARCEL MAP NO. 78-18 Applicant: Lowell Zehnder To permit splitting of a single parcel of land into two (2) separate lots located on the east side of 15th Street approximately 80 feet north of Walnut Avenue in the Townlot Specific Plan Area One, Section B. This request is covered by Negative Declaration No. 78-38. Chairman Eadie opened the public hearing on the Negative Declaration. Ron Montgomery was present to represent the request. There being no persons to address the Board in regard to this project, the pub- lic hearing was closed. The Board reviewed the information contained in the negative dec- laration request and considered mitigating measures applicable to the ultimate construction on the site. ON MOTION BY CROSBY AND SECOND BY EADIE THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-38, WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS 5 THROUGH 7 IMPOSED ON THE TENTATIVE PARCEL MAP, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE BZA 5-10-78 Page 9 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 10 ON MOTION BY CROSBY AND SECOND BY EADIE TENTATIVE PARCEL MAP NO. 78-18 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING 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 18, 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. 3. The alley shall be dedicated to City standards at the time said parcels are developed. 4. Copies of the recorded parcel map shall be filed with the Planning Department and the Department of Public Works. 5. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 6. Natural gas shall be stubbed in at the locations of cook- ing facilities, water heaters, and central heating units. 7. All building spoils, such as unsuable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE TENTATIVE PARCEL MAP NO. 78-20 Applicant: Emerald Engineering' To permit consolidation of five (5) parcels and a portion of another into one separate parcel located on the east side of Gothard Avenue approximately 820 feet south of Slater Avenue in an Ml-A, 15,000, Restricted Manufacturing District. This request is covered by Negative Declaration No. 76-62, adopted by the Board of Zoning Adjustments on July 28, 1976. Wilbur Metzler was present at the meeting and indicated his receipt of and concurrence with the suggested conditions of approval pre- viously forwarded to him. Dave Eadie questioned the future status of the residual portion of Lot 56 and whether or not the Board might be creating future access problems in the area by approval of this parcel map. Mr. Metzler replied that he owns the entire 1 BZA 5-10-78 Page 10 Minutes, H.B. Board of Zoning Adjustments May 10, 1978 Page 11 group of parcels with the exception of Lots 17 and 19, and will not create any fragmented or inaccessible lots. He informed the Board of his past efforts to consolidate and upgrade the general area of which this map is a part. It was the consensus of the Board that control of access could be accomplished through review of future parcel maps on the properties. ON MOTION BY CROSBY AND SECOND BY SPENCER TENTATIVE PARCEL MAP NO. 78-20 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 25, 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. 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 MISCELLANEOUS AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 78-21 Applicant: William Goodman To permit division of an existing residential lot into two (2) separate lots. ON MOTION BY EADIE AND SECOND BY SPENCER TENTATIVE PARCEL MAP NO. 78-21 WAS REFERRED TO THE PLANNING COMMISSION TO BE HEARD IN CON- JUNCTION WITH CONDITIONAL EXCEPTION NO. 78-06 ON JUNE 20, 1978, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ihar HERELBNO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. penc , ecretary : df BZA 5-10-78 Page 11