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HomeMy WebLinkAbout1978-05-31MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 31, 1978 - 1:15 PM BOARD MEMBERS PRESENT: EADIE, FLORIAN, CROSBY CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT AGENDA ITEMS TO BE CONTINUED: ADMINISTRATIVE REVIEW NO. 78-20 Applicant: Foodmaker To permit remodeling and additions to an existing Jack in the Box restaurant located on the south side of Edinger Avenue approximately 140 feet east of Springdale Street in a C2, Community Business District. Chairman Eadie reported that a request has been received for continu- ance of this application. ON MOTION BY CROSBY AND SECOND BY FLORIAN ADMINISTRATIVE REVIEW NO. 78-20 WAS CONTINUED TO THE MEETING OF JUNE 7, 1978, BY THE FOLLOW- ING VOTE: AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE REGULAR AGENDA ITEMS: USE PERMIT NO. 78-31 (Cont. from 5-24-78) Applicant: Kensen Development Co., Inc. To permit replacement of an existing shed and fence -enclosed sales/ storage area by construction of an addition to a National Lumber store located at the southeast intersection of Garfield Avenue and Brookhurst Street in a C4, Highway Commercial District. This project is covered by Negative Declaration No. 78-45. Chairman Eadie opened -the public hearing on the use permit and the negative declaration request. Gary Thomsen and John Nelson were present at the meeting. Minutes, H.B. Board of Zoning Adjustmentp May 31, 1978 Page 2 The Board reviewed the information contained in the negative dec- laration request and considered mitigating measures applicable to the project. ON MOTION BY EADIE AND SECOND BY FLORIAN THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-45 WITH THE MITIGATING MEASURES INCLUDED IN CONDITIONS Cl THROUGH C5 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE Mr. Thomsen indicated that the parking spaces in the rear have been deleted and! that the building will be sprinklered. Board review included consideration of existing conditions in the parking lot and the storage on the site in relation to the height of the wall. Dave Eadie reported that parking for the center has been calculated and found to be adequate, even with the additional space to be added under this application. The public hearing was closed. ON MOTION BY EADIE AND SECOND BY FLORIAN USE PERMIT NO. 78-31 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS OF THE BOARD: 1. The proposed project substantially meets code requirements. 2. The area will be restriped to provide a better parking layout. 3. The proposal is consistent with the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plan received and dated May 30, 1978, shall be the approved layout, subject to the following: 1 A revised plan delineating the proposed parking lot restrip- ing in detail and providing a cleaner site plan for the record shall be submitted at the time of application for building permits. 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; BZA 5-31-78 Page 2 Minutes, H.B. Board of zoning Adjustments' May 31, 1978 Page 3 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 FINAL INSPECTION: 1. The parking lot shall be restriped in the area as noted on the approved conceptual plan, to the satisfaction of the Director of the Department of Building and Community Devel- opment. 2. Repairs as needed shall be undertaken along the easterly property line wall and/or fences to the extent of a line parallel with the shops in the adjacent building. C. GENERAL CONDITIONS: 1. Stacking of materials shall not exceed the height of the wall at the property line adjacent to the residential dev- elopment. 2. Natural gas shall be stubbed in at the locations of water heaters and heating units. 3. Low -volume heads shall be used on all spigots and water faucets. 4. 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. 5. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Department of Building and Community Development. AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 77-57 Applicant: Mr. and Mrs. L. R. Peterson To permit the addition of two (2) additional dwelling units to a site having two existing units located at the southwest corner of Indianapolis Avenue and Florida Street in the Oldtown Specific Plan, District One. This request is a Categorical Exemption, Class 3, California Envir- onmental Quality Act, 1970. Chairman Eadie opened`the public hearing. Mr. Peterson was present at the meeting; there being no persons to address the Board on this matter, the public hearing was closed. BZA 5-31-78 Page 3 A Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 4 Bruce Crosby noted that there will be a 10-foot dedication re- quired off Indianapolis Avenue and the plan does not properly reflect the corner cutoff. The effect this might have on the plan was reviewed and it was determined to be correctable by moving the block wall without effect on the building layout. The plan was found to be otherwise in conformance with code. ON MOTION BY FLORIAN AND SECOND BY CROSBY USE PERMIT NO. 77-57 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 of persons residing or working in the vicinity or injurious to property and improve- ments in the vicinity of the use. 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 conceptual plan and elevations received and dated May 16, 1978, shall be the approved layout, provided that compliance with the ordinance code in the manner de- lineated on the plan is achieved. 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. AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE BZA 5-31-78 Page 4 1 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 5 CONDITIONAL EXCEPTION NO. 78-9 (In Conj./UP 78-13) Applicant: U-Haul of Orange County To permit the deletion of a screen wall and authorization for display and storage within the front yard setback on property located on the southwest corner of Clay Avenue and Beach Boulevard in a C2, Com- munity Business District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. George Nelson, president of U-Haul, Steve Harpin, and A.J. Chamberlin were present at the meeting. Mr. Nelson addressed the Board to present a history of the use on this site and stated that the imposition of the condition for a 20-foot wide landscaping strip with meandering walks was a discriminatory action not imposed upon other rental uses in the City and would deprive his company of the same privileges and property rights enjoyed by the rest of the rental industry. There being no other persons to speak for or against the proposal, the public hear- ing was closed. Dave Eadie explained to the proponents that they are the first ap- plicants for a use of this nature since the code was changed, and the change in requirements has made all existing rental facilities in the City nonconforming. - Bruce Crosby could find no exceptional circumstances such as size, shape, or topographical features on the property under which the Board could justify a finding of hardship. He also stated that it would be a grant of special privilege to permit the use to violate the code as it exists at the time of application. Monica Florian agreed that no hardship exists on the property, and also discussed the precedent -setting nature of an approval of the project, not only on the code requirements for the rental uses per se but also as it might affect violations of all zoning requirements. Further extensive discussion among the applicants and the Board followed. ON MOTION BY EADIE AND SECOND BY FLORIAN CONDITIONAL EXCEPTION NO. 78-9 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. Applicant has failed to present sufficient hardship to justify granting of the request. 2. The proposed use can be sited on the property within the code requirements (as demonstrated by a previously approved use permit for the use at this location). BZA 5-31-78 Page 5 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 6 3. Granting of the conditional exception would establish an un- desirable precedent for uses of this nature within the City. AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 78-13 (In Conj./CE 78-9) Applicant: U-Haul of Orange County To permit establishment of a truck and trailer rental and storage facility located on the southwest corner of Clay Avenue and Beach Boulevard in a C2, Community Business District. This request is covered by Negative Declaration No. 77-31, adopted by the Board of Zoning Adjustments on March 30, 1977. Chairman Eadie opened the public hearing. George Nelson, Steve Harpin, and A.J. Chamberlin were present. The public hearing was closed. Dave Eadie explained to the applicants that consideration of this request had been contingent upon approval of the previously denied conditional exception; therefore, the Board cannot review the request for approval in its present form. The appeal procedure and time period were also explained at the meeting. ON MOTION BY EADIE AND SECOND BY FLORIAN USE PERMIT NO. 78-13 WAS DENIED WITHOUT PREJUDICE, BY THE FOLLOWING VOTE: AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 78-33 Applicant: George A. Sorensen To permit an 853 square foot addition to an existing restaurant located on the north side of Pacific Coast Highway three blocks west of Anderson Street. This request is a Categorical Exemption, Class 1, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. George Sorensen and Nelson G. King were present at the meeting. There being no persons to address the Board in regard to this matter, the public hearing was closed. Board review included a discussion of landscaping and elevations for the proposed use. BZA 5-31-78 Page 6 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 7 ON MOTION BY CROSBY AND SECOND BY FLORIAN USE PERMIT NO. 78-33 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 of persons residing or working in the vicinity or injurious to property and improve- ments in the surrounding area. 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 conceptual layout received and dated May 12, 1978, shall be the approved conceptual plan. 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. 2. The following plans shall be submitted to the Secretary of the Board for review and approval: a. A landscape and irrigation plan providing more detail on the proposed landscaping. Said plan shall comply with Article 979 of the Huntington Beach Ord- inance Code and landscaping specifications on file in the Department of Public Works. b. Elevations of the proposed project, providing more detail on materials and proposed treatment. C. 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. AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE BZA 5-31-78 Page 7 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 8 USE PERMIT NO. 78-34 Applicant: Mola Development Corporation To permit the construction of three (3) fourplexes abutting an arterial highway, located at the northeast corner of Delaware Street and Utica Avenue in an R2, Two -Family Residence District. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Jerry Simon was pre- sent to represent the application. There being no other persons present to address the Board on the matter, the public hearing was closed. Board review found the submitted plans to be compatible with the surrounding area. ON MOTION BY CROSBY AND SECOND BY FLORIAN USE PERMIT NO. 78-34 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The proposal meets the intent of the ordinance code require- ment, which is to enhance the view from the arterial highway. 2. Granting of the request 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 BUIDLING PERMITS: 1. The conceptual plan received and dated May 12, 1978, shall be the approved layout and elevations. 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: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE BZA 5-31-78 Page 8 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 9 USE PERMIT NO. 78-36 Applicant: Robert Anderton To permit painting of automobiles within an established industrial use located on the southwest intersection of Chemical Lane and Research Drive in an M1-A, Restricted Manufacturing District. This project is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mr. Anderton was present at the meeting and explained his proposed facility to the Board. There being no persons present to speak for or against the request, the public hearing was closed. Board review ensued. ON MOTION BY FLORIAN AND SECOND BY CROSBY USE PERMIT NO. 78-36 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The use is substantially in compliance with code requirements. 2. Granting of the use will not be materially detrimental to the general welfare of persons working in the vicinity or injurious to property and improvements in the area. 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 layout received and dated May 17, 1978, shall be the approved project. In its approval action, the Board of Zoning Adjustments considered the following issues in relation to the conceptual layout: . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. 2. No outside storage of automobiles or materials shall occur. 3. No body work shall take place. 4. All work shall take place inside the building. AYES: EADIE, FLORIAN, CROSBY NOES: NONE ABSENT: NONE BZA 5-31-78 Page 9 Minutes, H.B. Board of Zoning Adjustments May 31, 1978 Page 10 MISCELLANEOUS AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-30 Applicant: Donald Weir Request for withdrawal of a previously granted entitlement for a six (6) foot high chain link fence enclosing an oil production area to be erected at zero setback on property located on the northeast corner of Ernest Avenue and Goldenwest Street in an RA-O-CD, Residential/Agricultural combined with Oil Production, Civic District. Chairman Eadie reported that a letter has been submitted by the applicant asking that the Board withdraw his application. ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD DETERMINED TO RECONSIDER ITS PREVIOUS APPROVAL OF CONDITIONAL EXCEPTION NO. 78-30, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY NOES: NONE ABSENT: NONE ABSTAIN: FLORIAN ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD RESCINDED ITS PREVIOUS APPROVAL AND WITHDREW CONDITIONAL EXCEPTION NO. 78-30 AT THE REQUEST OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY NOES: NONE ABSENT: NONE ABSTAIN: FLORIAN ADMINISTRATIVE REVIEW NO. 78-49 Applicant: William B. Burke Construction of a 160,601 square foot industrial development loc- ated on the southeast corner of Heil Avenue and Gothard Street in an M1, Light Manufacturing District. Chairman Eadie informed the Board that further staff review of this previously approved (approved at the meeting of May 24, 1978) application has produced another condition to be applied. ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD DETERMINED TO RECONSIDER ADMINISTRATIVE REVIEW NO. 78-49 FOR THE PURPOSE OF ADDING A CONDITION, BY THE FOLLOWING VOTE: AYES: EADIE, CROSBY NOES: NONE ABSENT: NONE ABSTAIN: FLORIAN BZA 5-31-78 Page 10 Minutes, H.B. May 31, 1978 Page 11 Board of Zoning Adjustments ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD AMENDED ADMIN- ISTRATIVE REVIEW NO. 78-49 BY THE ADDITION OF THE FOLLOWING CONDITION: No occupancy of the buildings to be constructed under subject application on the southeast corner of Heil Avenue and Gothard Street shall be permitted until the additional sewer facilities to be installed in Heil Avenue become operational. AYES: EADIE, CROSBY NOES: NONE ABSENT: NONE ABSTAIN: FLORIAN THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 1 : df 1 ica i iorian, I ecretary Pro Tem BZA 5-31-78 Page 11