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HomeMy WebLinkAbout1978-07-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 12, 1978 - 1:15 PM BOARD MEMBERS PRESENT: SPENCER, EADIE, CROSBY CITY STAFF PRESENT: MEL OTT, FIRE DEPARTMENT MINUTES: ON MOTION BY CROSBY AND SECOND BY EADIE THE MINUTES OF THE REGULAR MEETINGS OF JUNE 14 AND JUNE 28, 1978, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-39 (In Conj./UP 78-41) Applicant: Lowell Romberg To permit an 18 foot encroachment into the required 50-foot front setback and a 486 square foot encroachment into the sight angle requirement for a car wash facility to be located on the west side of Bolsa Chica Street approximately 300 feet north of Heil Avenue in a C4, Highway Commercial District. This project is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Chairman Eadie opened the public hearing. Mr. Romberg was present at the meeting and explained that he has attempted to gain recip- rocal access from the surrounding complex but has been unable to do so. It was specifically noted that no written negative response has been received in regard to the variance, and no other persons were present in the audience to speak for or against the proposal. The public hearing was closed. Pat Spencer pointed out that there are alternative ways to develop this parcel within code requirements, but that construction of a commercial or office building might impact the area more than the proposed use would. He also noted that the plan does conform to code in all other respects. Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 2 ON MOTION BY SPENCER AND SECOND BY EADIE CONDITIONAL EXCEPTION NO. 78-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The size and shape of the subject lot and its relationship to the surrounding property impose a hardship in siting improvements on the site. 2. The commercial area which abuts and surrounds this legally constituted lot was not required to agree to reciprocal easements for parking and access with the subject property, and the owner has refused to allow such reciprocals to be created at the present time. This effectively locks the property into a design taking its access only off Bolsa Chica Street. 3. The relatively open construction of a car wash facility will have less adverse effect on the sight angle from and into the surrounding property than might a solidly constructed build- ing located within the code -required setbacks. 4. The granting of the Conditional Exception will not constitute a grant of special privilege. 5. The granting of the Conditional Exception will not be mater- ially detrimental to the public welfare or injurious to property in the same zone classifications. 6. 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 June 5, 1978, shall be the approved layout, subject to all conditions imposed upon Use Permit No. 78-41. 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: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE BZA 7-12-78 page 2 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 3 USE PERMIT NO. 78-41 (In Conj./CE 78-49) Applicant: Lowell Romberg To permit construction of a four -bay, coin operated car wash located on the west side of Bolsa Chica Street approximately 300 feet north of Heil Avenue in a C4, Highway Commercial District. This request is covered by Negative Declaration No. 78-66. Chairman Eadie opened the public hearing on the use permit and negative declaration applications. Lowell Romberg was present at the meeting. The Board reviewed the information contained in the negative declaration request and considered mitigation measures applicable to the project. ON MOTION BY SPENCER AND SECOND BY CROSBY NEGATIVE DECLARATION NO. 78-66 WAS ADOPTED WITH THE MITIGATION MEASURES CONTAINED IN CONDITIONS B2 THROUGH B6 IMPOSED ON THE USE PERMIT, BY THE FOL- LOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE It was noted that no written objections to the subject use have been received, and no persons were present in the audience to address the Board in regard to this proposal. The public hearing was closed. The Board discussed the project, considering the access from Bolsa Chica, the landscaping requirements, the effect on surround- ing properties, treatment of the perimeter property lines, and a need for architectural control over the actual building itself. ON MOTION BY SPENCER AND SECOND BY CROSBY USE PERMIT NO. 78-41 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 general 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. BZA 7-12-78 Page 3 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 4 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received and dated June 5, 1978, shall be the approved layout, subject to the following modifications: a. The drive width off Bolsa Chica shall be increased to thirty-five (35) feet and the driveway configuration shall be changed to a perpendicular alignment with Bolsa Chica. 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 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. The following plans shall be submitted to 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 on Public Works. Said plan shall include treatment of its total periphery. b. Precise design plan of the project, showing elevations and architectural theme and materials to be employed. B. GENERAL CONDITIONS: 1. Signing for the project shall be of monument type (no pole sign); such monument sign shall be a maximum height of eight (8) feet. 2. Natural gas shall be stubbed in at the locations of water heaters and central heating units, if applicable. 3. Low -volume heads shall be used on all spigots and water faucets. BZA 7-12-78 Page 4 r- Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 5 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 outside lighting is included onsite, high-pressure sodium vapor lamps shall be used to prevent "spillage" onto adjacent areas and for energy savings. 6. A water recycling system shall be installed as required by the Water Division of the Department of Public Works. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-41 Applicant: R. D. Cox To permit construction of a 6-foot chain link fence with screen- ing material over fencing above a 6-foot block wall for a tennis court located at Sugar Drive and Rushmoor Street 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. Dave Coles was present to represent the applicant. Mr. Coles explained that physical survey had revealed the location of the flood_ control channel_ticZ_____ _ the proposed sound attenuation wall was such as to require -moving the wall to avoid endangering the channel;_this, in_turn_, necessi- — tated moving the tennis court by approximately eight feet. He also explained the planting already done on the property and re- quested elimination of two six-foot planting areas previously required. There being no other persons to speak for or against the proposal, the public hearing was closed. The Board reviewed the request at length, considering the unique location and configuration of the property, possible alternative locations for the tennis court facility, and the effect the loca- tion of the channel would have on the wall. It was the consensus that alternative locations should be considered by the applicant and engineering calculations submitted in regard to the loading factor of the wall footings on the channel. ON MOTION BY EADIE AND SECOND BY NO. 78-41 WAS CONTINUED, WITH THE TO THE MEETING OF JULY 19, 1978, AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CROSBY CONDITIONAL EXCEPTION CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: BZA 7-12-78 Page 5 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 6 CONDITIONAL EXCEPTION NO. 78-42 Applicant: John W. Patterson To permit a building addition to encroach five (5) feet into an exterior side yard setback on property located on the south- west corner of the cul-de-sac of Fair Tide Circle approximately 235 feet west of Brigantine Lane in an R1, Low Density Residen- tial District. This request is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Chairman Eadie opened the public hearing. John Patterson was present at the meeting. There being no one present to address the Board in regard to the proposal, the public hearing was closed. The Board reviewed the request, considering the relationship of the property to the adjacent arterial and the planter cutout in the wall and the location of an easement on the rear of the property. ON MOTION BY CROSBY AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-42 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, I BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. A fifteen foot storm drain easement across the rear of the property and the required setback from that easement preclude use of the rear yard and impose a hardship in siting the addition on the lot. 2. Granting of the Conditional Exception does not constitute the granting of special privilege, as surrounding property in like zones can build ten (10) feet from a property line; this proposal is therefore consistent with other properties in the neighborhood except for the exterior indentation for land- scaping purposes off Yorktown Avenue. 3. The proposal furthers the intent of the code for separation of a dwelling unit from an arterial highway. 4. Granting of a Conditional Exception will not be materially detrimental to the public welfare or injurious to property in the same zoning classifications. 5. Granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. BZA 7-12-78 Page 6 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 7 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plan received and dated June 26, 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. B. GENERAL CONDITION: 1. The addition shall be so constructed that interior noise levels in the addition shall be a maximum of 45 dba. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 78-45 Applicant: Jack Chalabian To permit construction of an 85,900 square foot professional and commercial complex located approximately 1000 feet southwesterly of Edinger Avenue and the Aquatic Park bridge in a C4, Highway Commercial District. This request is covered by EIR 74-6, preciously adopted by the Planning Commission of the City of Huntington Beach. Chairman Eadie opened the public hearing. Jack Chalabian, Bill Duncan, and Raymond Logan were present at the meeting and dis- cussed the project with the Board. Park and beach requirements were reviewed in relation to prior requirements on the original approval of the tract, and the applicants instructed to work out precise details with the Department of Parks and Recreation. Dave Eadie also cautioned them that, if any changes result to the plan because of additional park area, the Board would again review the project. There being no persons to speak for or against the proposal the public hearing was closed. The Board reviewed the project, discussing landscaping, turning radius, and parking ratios for the use. BZA 7-12-78 Page 7 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 8 ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 78-45 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The project has been previously reviewed in concept by the Planning Commission. 2. The plan is generally in conformance with general and speci- fic plans of the City of Huntington Beach. 3. 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 area. 4. The granting of the Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 5. 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 June. 19, 1978, shall be the approved project in concept only, subject to the following: a. A revised site plan shall be submitted to the Secre- tary of the Board for approval. Said site plan shall conform to all applicable provisions of the Hunting- ton Beach Ordinance Code. b. Plan showing both park and beach improvement: shall be subject to review and approval by the Director of the Recreation and Parks Department. In its approval action, the Board of Zoning Adjustments consid- ered 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: BZA 7-12-78 Page 8 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 9 a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the De- partment of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mech- anical equipment and shall delineate the type of material proposed to screen said equipment. 3. A tentative parcel map to segregate the commercial prop- erty from the park and beach parcels shall be submitted to the City and filed for recordation prior to issuance of building permits. Said parcel map shall be recorded prior to issuance of a Certificate of Occupancy for the project. B. TO BE COMPLETED PRIOR TO FINAL INSPECTION: 1. A planned sign program shall be submitted to the Planning Department for review and approval. 2. Park and beach physical improvements shall be completed to the satisfaction of the Parks Director. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE CONDITIONAL EXCEPTION NO. 78-31 (In Conj./UP 78-32) Applicant: Gary Schmidt To permit zero setback on rear property lines for a proposed commercial center located on the west side of Beach Boulevard approximately 280 feet north of Adams Avenue in a C4, Highway Commercial District. This request is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Chairman Eadie opened the public hearing. Gary Schmidt was pre- sent at the meeting. The Board noted that a letter has been received from Richard Young, owner of the adjacent property to the west, in regard to the treatment of the zero setback as it would affect aesthetics, noise, etc. There being no persons present to address the Board in regard to the proposal, the public hearing was closed. The Board reviewed the request, considering the relationship of the project to the abutting residential property, the grade differential between the properties, and buffering of noise and traffic impacts from the adjoining uses. BZA 7-12-78 Page 9 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 10 ON MOTION BY EADIE AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-31 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The grade differential between subject property and the ad- jacent property to the west creates an exceptional circum- stance from the standpoint of the usability of the rear setback area on the west. 2. Zero setback on the westerly side of the complex will pre- clude intrusion of delivery trucks, trash pickups, parking, and other noise -generating activities upon the adjoining R2 property. 3. Granting of the Conditional Exception will not constitute the granting of special privileqe. 4. The granting of the Condiitonal Exception will not be materi- ally detrimental to the public welfare or injurious to property in the same zoning classification. 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 PERMIT'S: 1. The revised site plan received and dated July 10, 1978, shall be the approved conceptual layout. 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 improvements in the immediate vicinity; • Past administrative action regarding -this property. 2. This approval shall be subject to all conditions; of approval imposed upon Use Ptrmit No. 78-32. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE BZA 7-12-78 Page 10 Minutes, H.B. Board of Zoning Ad3ustments Julv 12, 1978 Page 11 USE PERMIT NO. 78-32(In Con]./CE 78-31) Applicant: Gary Schmidt To permit construction of a 17,383 square foot shopping center located on the west side of Beach Boulevard approximately 280 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 negative declara- tion and use permit requests. Gary Schmidt was present at the meeting. The Board reviewed the information contained in the negative declaration request form and considered mitigating measures applicable to the project. ON MOTION BY SPENCER AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT, ADOPTED NEGATIVE DECLARATION No. 78-48 WITH THE MITIGATING MEASURES CONTAINED IN CONDITIONS B2 THROUGH B5 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE There being no persons to speak for or against the project, the public hearing was closed. The applicant has submitted a revised plan in response to the prior concerns of the Board. Pat Spencer noted that it still does not show ultimate development plan for the property to the south in relation to the subject property and that, without that specific plan, the project under consideration should be able to stand on its own in relation to Beach Boulevard. He also pointed out that there is still a shortage in landscaping area. The Board discussed access, and Mr. Schmidt indicated that access would be provided from Adams Avenue by way of dedicated access agreement between both property owners concerned. ON MOTION BY CROSBY AND SECOND BY EADIE USE PERMIT NO. 78-32 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING 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 general area. BZA 7-12-78 Page 11 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 12 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 revised site plan received and dated July 10, 1978, shall be the approved conceptual layout, as modified to reflect the following: a. The plan shall show landscaping in compliance with code requirements. b. The plan shall show parking in compliance with code requirements. (If necessary to achieve the above, the proponent shall reduce the square footage of the structures.) The modifications delineated above shall be reflected in a revised plan submitted to the Secretary of the Board for approval prior to submittal for building permits. 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 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. 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. C. Signing plan for the complex. BZA 7-12-78 Page 12 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 13 d. Elevations for both the northerly and westerly elevation wall, to assure no adverse visual impacts to the abutting properties. 3. Applicant shall submit to the City a document offering irrevocable future reciprocal access agreements over and across the property to the south. B. GENERAL CONDITIONS: 1. No signing shall be allowed on the north side of the buildings. 2. Natural gas shall be stubbed in at the location of cook- ing facilities, water heaters, and central 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 outside lighting is included onsite, high-pressure sodium vapor lamps shall be used to prevent "spillage" onto adjacent areas and for energy savings. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 78-46 Applicant: Steven Odell To permit construction of a six (6) unit apartment building loc- ated at the northerly extension of Green Street approximately 575 feet west of Bolsa Chica Street in an R2, Medium Density Resi- dential District. This project is covered by Negative Declaration No. 78-74. Chairman Eadie opened the public hearing on the Negative Declara- tion and the Use Permit applications. Steven Odell was present at the meeting. The Board reviewed the information contained in the negative declaration request form and considered mitigating measures applicable to the project. ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED ND 78-74 WITH THE BZA 7-12-78 Page 13 Minutes, H.B. Board of Zoninq Adjustments July 12, 1978 Page 14 MITIGATING MEASURES CONTAINED IN CONDITIONS B1 THROUGH B5 IMPOSED ON THE USE PERMIT, BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE There being no persons to address the Board in regard to the proposal, the public hearing was closed. Board review ensued, considering access, parking, and location of trash disposal area. ON MOTION BY EADIE AND SECOND BY SPENCER USE PERMIT NO. 78-46 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING 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 improvements in the general 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 plot plan received and dated June 21, 1978, shall be the approved conceptual layout and elevations, subject to the following modifications: a. The entry drive shall be a minimum of twenty (20) feet in width. b. Trash bins shall be relocated to the front of the property at a location not more than 60 feet from the Green Street property line. The modifications outlined above shall be delineated upon 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 consid- ered the following issues in relation to the conceptual plan: BZA 7-12-78 Page 14 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 15 • 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 landscape and irrigation plan shall be submitted to the Secretary of the Board. Said plan shall comply with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. B. GENERAL CONDITIONS: 1. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 2. Natural gas shall be stubbed in at the locations of cook- ing facilities, water heaters, and central 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. 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. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE USE PERMIT NO. 78-48 (In Conj./AR 78-61) Applicant: Stereo Haven To permit 25 percent of the floor area of an industrial use to be used for the purpose of retail sales in property located on the east side of Bolsa Chica Street approximately 350 feet south of Bolsa Avenue in an MI -A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council onlMarch 18, 1974. Chairman Eadie opened the public hearing. Mike Cargile, Hal Bobrow, and Richard Hardesty were present at the meeting to explain the requested use. There being no other persons present to address the Board, the public hearing was closed. BZA 7-12-78 Page 15 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 16 The Board reviewed the request and determined that the sound and storage rooms shown on the plan should not be counted toward calculation of the allowable percentage for retail use. ON MOTION BY SPENCER AND SECOND BY CROSBY USE PERMIT NO. 78-48 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. The requested use is found to be compatible with other uses in the area. 2. 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 vicinity of such use. 3. The granting of a 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. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The layout received and dated June 26, 1978, shall be the approved layout, subject to all conditions imposed on Administratiye Review No. 78-61. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-61 (Conj./UP 78-48) Applicant: Stereo Haven To permit joint use of parking areas within an existing industrial park, on property located on the east side -of Bolsa Chica Street approximately 350 feet south of Bolsa Avenue in an Ml-A, Restricted Manufacturing District. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mike Cargile, Richard Hardesty, and Hal Bobrow were present at the meeting. The Board considered the ownership of the entire building, the hours of'operation as proposed by the applicants, and the types of uses which might be expected to go into the other portions of the property. BZA 7-12-78 Page 16 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 17 ON MOTION BY SPENCER AND SECOND BY EADIE ADMINISTRATIVE REVIEW NO. 78-61 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The site plan received and dated June 26, 1978, shall be the approved conceptual layout. 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; . Type of use and its relation to property and improvements in the immediate vicinity; . Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. The remainder of the uses in the building shall be approved by the Secretary of the Board to assure no conflict in parking requirements. FINDINGS OF THE BOARD: 1. The applicant has indicated that the other uses in the build- ing will consist of small industrial uses with few employees and with hours of operation not in conflict with the proposed Stereo Haven hours of operation. 2. The applicant has indicated that he owns and will control leasing of the remainder of the building to maintain separa- tion between hours of operation of the various uses. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ADMINISTRATIVE REVIEW NO. 78-64 Applicant: The Clothes Time To permit a grand opening for a retail store with outside display of merchandise located in an existing shopping center on the south side of Warner Avenue approximately 200 feet west of Golden - west Street in a C4, Highway Commercial District. This request is,a Categorical Exemption, Class 4, California En- vironmental Q6a1ity Act, 1970. BZA 7-12-78 Page 17 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 18 No one was present to represent the applicant. The request was reviewed by the Board. ON MOTION BY EADIE AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 78-64 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The layout and project description received July 7, 1978, shall be the approved project. 2. This application approval shall terminate August 12, 1978. 3. The applicant shall obtain all necessary electrical permits. 4. An onsite inspection by the Fire Department shall be required prior to the event. AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE MISCELLANEOUS AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 78-40 Applicant: Larry Smith To permit a six (6) foot high wall to be constructed 1614" behind curb line of a private street (5 feet behind a front prop- erty line). A 4-foot sidewalk and a 7'4" landscaped utility easement exist between said front property line and the street; property is located on the north side of Marina Bay Drive approxi- mately 650 feet east of Sharkfin Lane in an R1, Low Density Residential District. Larry Smith, applicant, was present at the meeting and requested Board reconsideration of this request, which was denied on July 5, 1978. Mr. Smith explained that he had not received any notice of the hearing, that the project description was not pre- cisely accurate, and that a phone conversation with the Planning Department had led him to believe that his first hearing would be at this July 12 meeting. The Board considered the request, taking into consideration the fact that only one member of the Board as constituted on July 5, when the request was denied, *as present. ON MOTION BY EADIE AND SECOND BY CROSBY THE BOARD DETERMINED TO SUSPEND ROBERTS RULES OF ORDER AND RECONSIDER CONDITIONAL EXCEP- TION NO. 78-40, BY THE FOLLOWING VOTE: BZA 7-12-78 Page 18 Minutes, H.B . Board of Zoning Adjustments July 12, 1978 Page 19 AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE Chairman Eadie reopened the public hearing. In addition to the applicant, the following people were present to express their support of the variance request: Joel Gould, Dorothy Fulmer, and Paul Thompson. Mr. Smith justified his request by the depth of the rear yard of his property, the utility easement between his front setback line and the sidewalk, and the fact that other homes in the area are sited at the same or lesser setback from the street than he is requesting. The other homeowners in the area noted above expressed agreement with the proposal. There being no other persons to address the Board, the public hearing was closed. The Board reviewed the layout and the information presented at this meeting. ON MOTION BY EADIE AND SECOND BY SPENCER THE BOARD RESCINDED THE DENIAL OF CONDITIONAL EXCEPTION NO. 78-40 BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE ON MOTION BY EADIE AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 78-40 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF THE BOARD: 1. A hardship is demonstrated, as the property line on this pri- vate street is located 11'4" back from edge of curb to accom- modate a landscaped utility easement. Location of the proposed wall will, therefore, be a distance of 1614" from edge of curb with the easement and setback area between the wall and the sidewalk. 2. Granting of the Conditional Exception will not be a grant of special privilege, as other homes in the immediate area are constructed at the same or lesser setback from the street as the applicant is proposing for his wall. 3. The location of the proposed wall will not create any sight an angle encroachment upon neighboring properties. 4. Granting of the Conditional Exception will permit the appli- cant the enjoyment of one or more substantial property rights. 5. Granting of the Conditional Exception will not be materially detrimental to the public welfare or injurious to property or improvements in the same zoning classification. BZA 7-12-78 Page 19 Minutes, H.B. Board of Zoning Adjustments July 12, 1978 Page 20 6. Granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE C014PLETED PRIOR TO ISSUANCE OF PERMITS: 1. The site plan received and dated June 15, 1978, ,shall be the approved conceptual 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 TENTATIVE TRACT 8040 (Siting on Lots) Applicant: La Solana Corporation Review of siting of units on lots as required by previous condi- tion imposed on a residential tract located in Huntington Harbour in an R1, Low Density Residential District. The Board reviewed the layout as submitted and approved the siting of units on Lots 43 through 47 and on Lot 56. ON MOTION BY SPENCER AND SECOND BY EADIE THE LOT LAYOUT AS SUB- MITTED WAS APPROVED BY THE FOLLOWING VOTE: AYES: SPENCER, EADIE, CROSBY NOES: NONE ABSENT: NONE THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Ch4fles P. penc , Secretary : df BZA 7-12-78 Page 20