HomeMy WebLinkAbout1978-06-071
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8 - Civic Center
2000 Main Street
Huntington Beach, California
WEDNESDAY, JUNE 7, 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 CROSBY THE MINUTES OF
THE REGULAR MEETINGS OF MAY 10 AND MAY 17, 1978, WERE APPROVED AS
TRANSCRIBED, BY THE FOLLOWING VOTE:
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
REGULAR AGENDA ITEMS:
ADMINISTRATIVE REVIEW NO. 78-20 (Cont. from 5-31-78)
Applicant: Foodmaker, Inc.
To permit remodeling and addition 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.
This request is a Categorical Exemption, Class 1, California Envir-
onmental Quality Act, 1970.
Secretary Spencer reported that the applicant has requested further
continuance on this item.
ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW
NO. 78-20 WAS CONTINUED AT THE REQUEST OF THE APPLICANT TO THE
REGULAR MEETING OF JUNE 14, 1978, BY THE FOLLOWING VOTE:
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
BZA 6-7-78 Page 1
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 2
CONDITIONAL EXCEPTION NO. 78-29
Applicant: Taylor Awning
To permit an enclosed, screened patio to encroach five (5) feet
into the required rear yard setback on property located on the
northeast side of Felson Circle approximately 70 feet south of
Selkirk Drive in an R1, Low Density Residential District.
This request is a Categorical Exemption, Class 5, California
Environmental Quality Act, 1970.
Chairman Eadie opened the public hearing. Benny Guerra was pre-
sent at the meeting to represent the applicant. Mr. Guerra
having nothing further to add to the proponent's justification
for the request and there being no other persons to address the
Board on the matter, the public hearing was closed.
Pat Spencer explained the code requirements for the applicant's
information, outlining the potential for future conversion to
living area of a wood frame structure enclosed as proposed in
the request. It was the consensus of the Board that there is no
unique circumstance on the subject property which does not apply
to the area as a whole and no finding of hardship can be made.
ON MOTION BY CROSBY AND SECOND BY EADIE CONDITIONAL EXCEPTION
NO. 78-29 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING
VOTE:
REASONS FOR DENIAL:
1. Applicant has failed to present sufficient justification of
hardship on the subject property.
2. Granting of the conditional exception request would consti-
tute the granting of special privilege not enjoyed by similar
properties in the same zoning classification.
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
The applicant was informed of the appeal procedure to the Planning
Commission.
CONDITIONAL EXCEPTION NO. 78-31 (In Conj./UP 78-32)
Applicant: Gary Schmidt
To permit zero setback on the rear property line of
commercial center located on the west side of Beach
proximately 380 feet north of Adams Avenue in a C4,
mercial District.
a proposed
Boulevard ap-
Highway Com-
BZA 6-7-78 Page 2
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 3
This request is a Categorical Exemption, Class 5, California En-
vironmental Quality Act, 1970.
USE PERMIT NO. 78-32 (In Conj./CE 78-31)
Applicant: Gary Schmidt
To permit the Construction of a commercial shopping center loc-
ated on the west side of Beach Boulevard approximately 380 feet
north of Adams Avenue in a C4, Highway Commercial District.
This request is covered by Negative Declaration No. 78-48.
Chairman Eadie opened the public hearing on the conditional ex-
ception, use permit, and negative declaration applications.
Gary Schmidt was present at the meeting. Secretary Spencer in-
formed the applicant that there are many deficiencies on the plan
in regard to parking, landscaping, inner circulation and drives,
and the relation of this development to future development to
the south.
Mr. Schmidt reported that he has reciprocal access agreements
with the property abutting to the south and that the owner of
that property plans to redevelop his parcel; however, this will
not occur at the same time the subject property develops.
Richard Young, owner of the property directly abutting to the
west, addressed the Board in regard to design considerations of
the wall at zero setback and its possible effect on the ultimate
development of his property. He also expressed concern on
drainage from the property, control of noise emanating from the
commercial uses, and aesthetic treatment of the shopping center.
There being no other persons present to discuss this project,
the public hearing was closed.
It was the determination of the Board that the major design con-
siderations to be answered on the property would necessitate
a separate meeting with the applicant. Of special concern are
the shortage of 17 parking spaces on the site (applicant was
informed that if he intends to use reciprocal parking with the
property to the south to fulfill his parking requirement, it
must be shown on his plan); a shortage of approximately 1200
square feet in landscaping area; and an excess number of drives
into the project. Bruce Crosby suggested the elimination of the
most northerly drive and an increase in width of the 2 remaining
drives to 30 feet. Staff input will be obtained from the Fire
Department and the Department of Public Works and a meeting
scheduled to work out criteria for a revised plan for the project.
ON MOTION BY EADIE AND SECOND BY CROSBY, CONDITIONAL EXCEPTION
NO. 78-31, USE PERMIT NO. 78-32, AND NEGATIVE DEC'rLARATION NO. 78-48
BZA 6-7-78 Page 3
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 4
WERE CONTINUED, WITH THE CONCURRENCE OF THE APPLICANT, TO THE
REGULAR MEETING OF JUNE 21, 1978, BY THE FOLLOWING VOTE:
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
Chairman Eadie reopened the public hearing and continued said
hearing to the June 21 meeting.
TENTATIVE PARCEL MAP NO. 78-24
Applicant: Donald W. Benson
To permit consolidation of four (4) parcels of land into one
parcel for the construction of a shopping center located on the
west side of Beach Boulevard approximately 90 feet north of
Slater Avenue in a C4, Highway Commercial District.
This request is a Categorical Exemption, Class 5, California En-
vironmental Quality Act, 1970.
Dave Bauman was present at the meeting and indicated his concur-
rence with the suggested conditions of approval. Pat Spencer
noted that there is a discrepancy in lot dimension between the
parcel map and the approved Use Permit for the project, and Mr.
Bauman informed the Board that the dimensions on the tentative
parcel map are the correct ones and the construction will comply
with those dimensions. Bruce Crosby discussed the City's inten-
tion to minimize access points to Beach Boulevard, to which the
proponent agreed.
ON MOTION BY EADIE AND SECOND BY CROSBY TENTATIVE PARCEL MAP
NO. 78-24 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE
FOLLOWING VOTE:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL
FOR ANY PURPOSE:
1. The tentative parcel map received by the Planning Depart-
ment on May 17, 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 Orango
County Recorder.
3. Copies of the recorded parcel map shall be filed with
the Planning Department and the Department of Public
Works.
BZA 6-7-78 Page 4
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 5
4. Vehicular access rights to Beach Boulevard shall be dedi-
cated to the City of Huntington Beach except at locations
approved by the Board of Zoning Adjustments.
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
USE PERMIT NO. 78-38
Applicant: Cager Properties
To permit construction of one 8-plex and two 5-plexes located
on the east side of Brookhurst Street approximately 1260 feet
north of Banning Avenue in an R3, Limited Multiple Family Resi-
dential District.
This request is covered by ND 77-98, adopted by the Board of
Zoning Adjustments on September 7, 1977.
Mike Frazier and Wally Nickel were present at the meeting, and
Mr. Frazier explained the changes which had been made to the pre-
viously approved plan. There being no other persons to address
the Board in regard to this request, the public hearing was
closed.
Pat Spencer reported that the request is in substantial compli-
ance with code except for the treatment of the security gate and
entrance. The Board reviewed said gate and it was the determina-
tion to leave its approval to the Building Department. The appli-
cants were informed of the need to obtain Planning Commission
review for compliance with the Green Belt Implementation Plan.
ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 78-38
WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY
THE FOLLOWING VOTE:
FINDINGS OF THE BOARD:
1. The use is an appropriate use within the zoning district in
which it is proposed to be located and substantially meets
code requirements.
2. The granting of the Use Permit will not adversely affect the
General Plan of the City of Huntington Beach.
3. The establishment of the use will not be detrimental to per-
sons or property and improvements in the surrounding area.
BZA 6-7-78 Page 5
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 6
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plan received and dated May 22, 1978,
shall be the approved layout.
NOTE: The approved plan may or may not meet open space require-
ments. The plan submitted upon application for building
permits shall comply with open space as required by ord-
inance code and shall delineate security arrangements to
the satisfaction of the Director of Building and Community
Development.
In its approval action, the Board of Zoning Adjustments consid-
ered 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 improvement 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. Front and rear elevations of the structures.
b. A landscaping plan depicting conceptual treatment of
the landscaping materials and layout proposed within
the front yard setback.
3. Reciprocal agreements, subject to the City's approval as
to form, shall be recorded for ingress/egress and parking
purposes between Parcels 2 and 3.
4. The site plan and elevations for subject project shall be
reviewed by and be subject to the approval of the Planning
Commission of the City of Huntington Beach, to assure
compatibility with the Santa Ana River Greenbelt Imple-
mentation Plan.
GENERAL CONDITIONS:
1. If the developer proposes to provide air conditioning,
the insulation in ceilings and exterior walls shall be a
minimum of R-19 and R-11, respectively. If no air condi-
tioning is to be provided, the insulation in ceilings and
exterior walls shall be a minimum of R-13 and R-7, respec-
tively.
B.ZA 6-7-78 page 6
Minutes, H.B. Board of Zoning Adjustments
June 7, 1978
Page 7
2. 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.
3. Natural gas and 220V electrical shall be stubbed in at
the location of clothes dryers, and natural gas shall be
stubbed in at the locations of cooking facilities, water
heaters,and central heating units.
4. Double -paned windows shall be installed within the units
facing onto the adjacent arterial highway.
5. An engineering geologist shall be engaged to submit a
report indicating the ground surface acceleration from
earth movement for the subject property.
6.
All structures proposed for construction within this sub-
division shall be constructed in compliance with the
g-factors as indicated in the geologist's report.
7.
Calculations for footings and structural members to with-
stand anticipated g-factors shall be submitted to the
City for review.
8.
A chemical analysis, as well as tests for physical prop-
erties of the soil on subject property, shall be submitted
to the City for review prior to the issuance of building
permits.
9.
The structures on 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.
10. Crime prevention techniques shall be applied to the design
of the project (e.g., single -cylinder locks, etc.).
11. Low -volume heads shall be used on all spigots and water
faucets.
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
MISCELLANEOUS AGENDA ITEMS:
LANDSCAPING PLAN (Conditional Exception NO. 71-50)
Applicant: A-Z Auto Wrecking & Salvage Yard
Secretary Spencer submitted a landscaping proposed for the
subject use, noting that it has previously been reviewed and
BZA 6-7-78 Page 7
Minutes, H.B. Board of Zoning Ad3ustments
June 7, 1978
Page 8
approved by the Design Review Board and by Daryl Smith, Tree
and Landscape Supervisor.
The Board reviewed the proposed wall design and materials.
ON MOTION BY CROSBY AND SECOND BY SPENCER THE LANDSCAPING PLAN
WAS APPROVED BY THE FOLLOWING VOTE:
AYES: SPENCER, EADIE, CROSBY
NOES: NONE
ABSENT: NONE
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
dries PF. Spe er, Secretary
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BZA 6-7-78 Page 8