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HomeMy WebLinkAbout1978-06-28MINUTES HUNTING'ON BEACH BOARD OF ZONING ADJUSTMENTS Room B-7 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 28, 1978 - 1:15 PM BOARD MEMBERS PRESENT: LIPPS, EADIE, ELLSTROM CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-38 Applicant: Emery Takacs To permit a wrought iron fence of a maximum height of five (5) feet to encroach into the front yard setback and the corner cutoff area on property located on the southeast corner of Forelle Drive and Goodwin 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. Mr. Takacs was present at the meeting and elaborated on the previously stated reasons for requesting the variance. There being no other persons to address the Board, the public hearing was closed. The Board discussed the sight clearance necessary at the corner, the lack of exceptional or unique circumstances on the property, and other types of fence construction available to the applicant. ON MOTION BY EADIE AND SECOND BY LIPPS CONDITIONAL EXCEPTION NO. 78-38 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The applicant has failed to prove sufficient hardship as man- dated by the Ordinance Code to justify granting of the condi- tional exception. 2. Granting of the conditional exception would constitute a grant of special privilege not consistent with other properties under similar circumstances and under the same zone classifi- cation. 3. Reasonable alternatives exist which fulfill the applicant's objective of preventing trespass and maintaining the privacy of his property. Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Page 2 AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE The appeal period and procedure were explained to the applicant by Dave Eadie. USE PERMIT NO. 78-43 Applicant: Joseph T. Walthour To permit the construction of an 8,774 square foot commercial building located at the southeast corner of Adams Avenue and Brookhurst Street in a C4, Highway Commercial District. This project is covered by Negative Declaration No. 78-67. Chairman Eadie opened the public hearing on the negative declara- tion and the use permit requests. Joseph Walthour and Charles Ball were present to represent the application. The Board reviewed the information contained in the negative declaration request and considered mitigating measures applicable to the project. ON MOTION BY EADIE AND SECOND BY ELLSTROM THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT UPON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 78-67 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS B1 THROUGH B4 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES:' LIPPS, EADIE, CROSBY NOES: NONE ABSENT: NONE There being no persons to address the Board in regard to the pro- ject, the public hearing was closed. Dave Eadie reported that the plan is in substantial compliance with code requirements and with the original plan approved for the total shopping center. ON MOTION BY EADIE AND SECOND BY LIPPS USE PERMIT NO. 78-43 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 resid- ing or working in the vicinity or injurious to property and improvements in the vicinity. BZA 6-28-78 Page 2 Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Paqe 3 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 site plan and elevations received and dated June 7, 1978, shall be the approved layout, subject to the fol- lowing: Location of trash disposal areas shall be delineated upon the plan, sited at a distance of at least twenty (20) feet away from the residential property line. The modification outlined above shall be depicted upon the plans submitted to the Department of Building and Community Development upon application for building permits. In its approval action, the Board of Zoninq 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 improvements in the immediate vicinity; . Past administrative action regarding this property. 2. All applicable conditions of approval previously imposed upon the original authorization of the entire shopping center complex (UP 75-61) shall continue to apply. B. GENERAL CONDITIONS: 1. Natural gas shall be stubbed in at the locations of cook- ing facilities, water heaters, and central heating units. 2. Low -volume heads shall be used on all spigots and water faucets. 3. 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. 4. 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. AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE BZA 6-28-78 Page 3 Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Page 4 USE PERMIT 14O. 78-39 Applicant: Pacific Southwest Realty Company To permit construction of a commercial bank building located on the east side of Beach Boulevard approximately 150 feet south of Garfield Avenue in a C4, Highway Commercial District. This project is covered by ND 78-24, adopted by the BZA on March 29, 1978. Chairman Eadie opened the public hearing. Jack Brink was present to represent the application. No one was present to address the Board in regard to the project, and the public hearing was closed. Chairman Eadie reported that the revised plan is now substantially in compliance with code. The applicant was informed that his finished drawings should include location for trash disposal areas and ramps for the handicapped parking stall, showing specific size and slope. The access between the subject property and the abutting site occupied by a fast food restaurant was discussed. Dave Eadie said that the Board will require a recorded irrevocable document to assure permanent access in the future, to which the applicant agreed. Mr. Eadie also informed the applicant that the sign shown on the plan constitutes off -site advertising and is beyond the scope of the Board to permit. If the proponents seek a remedy to allow that sign an application to the Planning Commission would be re- quired, with proof of exceptional circumstances. Another remedy available is to parcel the land in such a manner that the sign is located on the bank property. ON MOTION BY EADIE AND SECOND BY ELLSTROM USE PERMIT NO. 78-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The plan as submitted is substantially in conformance with the Huntington Beach Ordinance Code. 2. The establishment, maintenance, and operation of the use will not be detrimental to the general welfare of persons residirg or working in the vicinity or injurious to property and im- provements in the area. 3. The granting of the Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 4. The proposal is consistent with the City's General Plan of Land Use. BZA 6-28-78 Page 4 Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Page 5 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plan received and dated June 22, 1978, shall be the approved layout, subject to the follow- ing: Locations of trash disposal areas shall be depicted upon the plan. The modification outlined above shall be delineated upon the plan submitted to the Department of Building and Community Development upon application for building permits. NOTE: The bank sign depicted on Garfield Avenue is not a part of this approval. 2. The following plans shall be submitted to the Secretary of the Board for review and approval: a. Landscape 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. A 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 in a manner that provides continuity and compatibility with the bank structure itself. 3. A reciprocal easement agreement providing ingress/egress between the bank property and the abutting property presently occupied by the Pup 'n' Taco restaurant use shall be submitted to the City Attorney for approval as to form and content and filed for recordation prior to issu- ance of building permits. Proof of recordation shall be submitted prior to issuance of a Certificate of Occupancy for the bank building. 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: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE BZA 6-28-78 Page 5 Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Page 6 ADMINISTRATIVE REVIEW No. 78-57 Applicant: William J. Tater To permit construction of a 3,300 square foot commercial/office building located on the west side of 5th Street approximately 125 feet south of Orange Avenue in a C3, General Business District. This request is covered by ND 77-35, approved by the Board on April 6, 1977. Kevin Crook was present to represent the application. The request was reviewed by the Board. ON MOTION BY LIPPS AND SECOND BY ELLSTPOM ADMINISTRATIVE REVIEW NO. 78-57 WAS APPROVED WITH THE FOLLOWING CONDITIO1S, 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 June 12, 1978, shall be the approved layout and elevations. 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. 2. The following plans shall be submitted to the Secretary of the Board for review and approval: a. Landscape 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 mechani- cal equipment and shall delineate the type of material proposed to screen said equipment. AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE BZA 6-28-78 Page 6 Minutes, H.B. Board of Zoning Adjustments June 28, 1978 Page 7 TENTATIVE PARCEL MAP NO. 78-26 Applicant: Patrick P. Prizio To permit relocation of property line between two lots located on the north side of Engineer Drive at the intersection of Engineer and Pipeline Lane in an Ml-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Pat Prizio was present at the meeting and indicated his receipt of and concurrence with the suggested conditions of approval previously forwarded to him. Walt Lipps reported that he has compared the subject map with the original authorizations on the property and no conflicts exist. ON MOTION BY LIPPS AND SECOND BY EADIE TENTATIVE PARCEL MAP NO. 78-26 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING 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 June 15, 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 with the Department of Public Works. AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-60 Applicant: Sunset Vista Estates To permit construction of a four -unit model home complex within previously approved Tract 9618 located between Lynn and Green Streets approximately 660 feet south of Warner Avenue in an R1, Low Density Residential District. This request is covered by Negative Declaration 76-123, adopted by the Planning Commission on February 15, 1977. BZA 6-28-78 Page 7 Minutes, H.B. Board of Zoning Ad3ustments June 28, 1978 Page 8 Steve Thompsen was present to represent the applicant. The Board reviewed the request, considering the proposed length of time for the use, the parking provisions, and signing for the model complex. ON MOTION BY EADIE AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 78-60 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated June 23, 1978, shall be the approved layout. 2. The signing as shown shall not be considered a part of this entitlement, and any signing to be installed shall comply with code requirements for model home complexes. AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-31/USE PERMIT NO. 78-32/ND 78-48 Applicant: Gary Schmidt To permit zero setback on the rear property line and to permit con- struction of a 17,383 square foot shopping center, respectively, located on the west side of Beach Boulevard apuroximately 380 feet north of Adams Avenue in a C4, Hiqhway Commercial District. Gary Schmidt was present at the meeting and requested reconsidera- tion of his applications. ON MOTION BY ELLSTROM AND SECOND BY LIPPS THE BOARD DETERMINED TO RECONSIDER THE ABOVE APPLICATIONS AND RESCHEDULE THEM FOR REVIEW AT THE REGULAR MEETING OF JULY 12, 1978, BY THE FOLLOWING VOTE: AYES: LIPPS, EADIE, ELLSTROM NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. wefe Walt Lipps, Se r tary Pro Tem BZA 6-28-78 Page 8