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HomeMy WebLinkAbout1979-02-21 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-7, Civic Center 2000 Main Street Huntington Beach, Calif. WEDNESDAY, FEBRUARY 21, 1979 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby Ott arrived at 1:20 P.M. BOARD MEMBERS ABSENT: None MINUTES: ON MOTION BY LIPPS AND SECOND BY CROSBY THE MINUTES OF FEBRUARY 14, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby NOES: None ABSENT: Ott REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 79-551 Applicant: Jorgen Daugaard Hansen To permit the consolidation of six lots into one parcel located on the northeast corner of Cedar Avenue and Palmdale Street. This application is covered by Negative Declaration No. 79-6. ON MOTION BY CROSBY AND SECOND BY LIPPS THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 79-6 WITH THE MITIGATING MEASURES CONTAINED IN TENTATIVE PARCEL MAP NO. 79-551 GENERAL CONDITIONS 5 THROUGH 11 IMPOSED ON THE TENTATIVE PARCEL MAP, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby NOES: None ABSENT: Ott Mr. Hansen, the applicant, was present to represent the application and indicated his receipt of and concurrence with the suggested conditions of approval previously forwarded to him. Board discussed the proposal and found same to be within Ordinance Code conformance. Findings and conditions of approval were discussed. ON MOTION BY CROSBY AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 79-551 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Two FINDINGS: 1. The proposed consolidation of six lots into one parcel for purpose of Industrial Development is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for General Industrial Development which allows industrial buildings, was placed on subject property. 4. The size, depth, frontage, street width, and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. 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 Department on January 16, 1979 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. Five feet (51) of dedication off the alley shall be dedicated to City standards at the time said parcel is developed. 4. A copy of the recorded parcel map shall be filed with the Planning Department. 5. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 6. Low volume heads shall be used on all spigots and water faucets. 7. 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. 8. If lighting is included in the parking lot, high pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. Minutes: H.B. Board of Zoning Adjustments Wednesdav, February 21, 1979 Page Three 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of material to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, street utilities. 10. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 11. Existing trees removed from the building pad area shall be replaced with five (5) 24-inch box trees in addition to the standard landscaping requirement. The location and species of said trees shall be determined by the Landscape Division of the Public Works Department. Existing trees in parking and drive areas shall be preserved if possible. Trees removed in parking and drive areas shall be replaced with one 24-inch box tree for each tree removed. The location and species of said trees shall be determined by the Landscape Division of the Public Works Department. AYES: Crosby, Lipps NOES: None ABSENT: Ott i Board Member Mel Ott arAived. TENTATIVE PARCEL MAP NO. 79-553 Applicant: Anthony Bartoli To divide one parcel of land into three (3) parcels located on the west side of Bolsa Chica, approximately 513 feet south of Warner Avenue. This application is covered by Negative Declaration No. 79-9. ON MOTION BY LIPPS AND SECOND BY CROSBY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 79-9 WITH THE MITIGATING MEASURES CONTAINED IN TENTATIVE PARCEL MAP NO. 79-553 GENERAL CONDITIONS 5 THROUGH 11 IMPOSED ON THE TENTATIVE PARCEL MAP, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Messrs. Don Baker and Anthony Bartoli were present to represent the application and indicated receipt of and concurrence with the suggested conditions of approval previously forwarded to the applicant. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979' Page Four Board discussed the proposal. It was noted that the dimensions depicted on the application were somewhat different than those approved in a previous zone change. The applicant was advised that a revised plan conforming to the dimensions as shown on the map approved in Zone Change 77-16 shall be submitted to the Secretary of the Board. Applicant stated that he was agreeable to the Board's suggestion and further stated that a revised map would be forthcoming. Conditions of approval and findings were discussed by the Board. ON MOTION BY LIPPS AND SECOND BY CROSBY TENTATIVE PARCEL MAP NO. 79-553 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The proposed division of one parcel into three parcels for purposes of residential development on Parcel Nos. 2 and 3 is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use.,. 3. The property wapreviously studied for this intensity of land use at the time the land use designation for Medium Density Residential which allows apartment buildings, was placed on subject property. 4. The size, depth, frontage, street width, and other design and Improvement -features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifi- cations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. 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 Department on January 25, 1979 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. A copy of the recorded parcel map shall be filed with the Planning Department. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Seven Further Board discussion included consideration of what, if any, special circumstances apply to the site and the fact that a site plan proposal is not addressed by a zone change. ON MOTION BY LIPPS AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 79-554 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The sites are not physically suitable for the proposed density of development. 2. The proposed parcel map would impose further physical restraints upon the development of the properties under the current qualified zoning designation. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ON MOTION BY LIPPS AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 79-4 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. Approval of the conditional exception would constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 2. There are no special circumstances applicable to the property that strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifi- cation. 3. The granting of the conditional exception would conflict with the requirements of Article 964 of the Huntington Beach Ordinance Code which requires full compliance with all limitations and standards set forth in Division 9 of the Huntington Beach Ordinance Code. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ON MOTION BY LIPPS AND SECOND BY CROSBY USE PERMIT NO. 78-73 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Eight REASON FOR DENIAL: 1. The proposed development relies upon approval of a conditional exception and a tentative parcel map. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-8 Applicant: Frederick G. Mueseaaes To permit the construction of a 16,820 square foot industrial building to be located on the east side of Enterprise Lane, approximately 25 feet north of Mountjoy Drive. This request is covered by Exemption Declaration No. 74-150, approved by the Planning Commission on November 19, 1974. The application was not represented. Board reviewed the application. Proper drive approach at the southwesterly corner of the site was discussed as well as the relocation of the trash area. Mel Ott stated the importance of a sprinkler system arjp that a revised plan,,,should come back to the Secretary of the Board reflecting zero setback at the rear property line. Conditions of approval were discussed. ON MOTION BY LIPPS AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-8 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A.- TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received February 2, 1979, shall be the approved layout, subject to the modifi- cations described herein: a. Revise plan to provide minimum 24 foot drive approach at southwesterly corner of the site. b. Delete one parking space to provide trash area outside of building. c. Revise plan to reflect zero setback at the rear property line. L' Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Five 4. A revised map conforming to the dimensions as shown on the map approved in Zone Change No. 77-16 or the applicant shall file an application for a zone change from C-2 to R-3 on the strip along the easterly property lines of Parcel Nos. 2 and 3. 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 cooking facilities, water heaters, and central heating units. 7. Low volume heads shall be used on all spigots and water faucets. 8. 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. 9. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permits. 10. If lighting is included in the parking lot, high pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 11. Location of connection of existing City sewerage system shall be approved by the Department of Public Works. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 79-554 Applicant: James L. Foxx To permit a lot line adjustment located on the northwest corner of Seventeenth Street and Olive Avenue. IN CONJUNCTION WITH: Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Six CONDITIONAL EXCEPTION NO. 79-4 Applicant: James L. Foxx To permit tandem parking and to permit a one foot rather than the required three feet additional dimension to end parking spaces in lieu of Section 9791(d).located on the northwest corner of Seventeenth Street and Olive Avenue. IN CONJUNCTION WITH: USE PERMIT NO. 78-73 Applicant: James L. Foxx To permit remodeling of an existing structure and the construction of a new structure on contiguous properties located on the north- west corner of Seventeenth Street and Olive Avenue. ----------- - ---- - These request _-_are _covered by Negative Declaration No. 78-92, approved by the Planninq Comm�ssxon October 3, 1978. Mr. Warren James was present to represent the application and indicated receipt of and concurrence with the suggested conditions of approval previously forwarded to the applicant. -------------- - ----- - -- ------ -- -- - ---- ----- --- - - -- - c ing Secretary_,Lips reviewed the history of the subject site, -------- -- - ---- - ----- ---- ------ _noti.ng that a recent zone change on - the property had been con- ditioned to eliminate vehicular access to 17th Street. The applicant is requesting through his tentative parcel map appli- cation that a lot li 'e adjustment be approved which would take three (3) feet from arcel 15 and add that width to Parcel 16, resulting in lots of 47 and 53 feet respectively. This adjust- ment is being requested in order to accommodate a proposed development on Lot 16 while maintaining an existing use on Lot 15. The public hearing was opened on Tentative Parcel Map No. 79-554, Conditional Exception No. 79-4, and Use Permit No. 78-73. Warren James, representing the applicant, addressed the Board in support of the requests. He reported that the loss of access from 17th Street had resulted in loss of the existing parking spaces in front of the building on Lot 15 and made.it impossible to comply with ordinance code parking requirements on that lot without having at least one tandem parking space. He indicated his willingness to designate that tandem parking as "employee parking." He also discussed the plot plan, in particular -the proposed common wall. There being no other persons to speak on the matters, the public hearing was closed. Board review followed, with Walt Lipps expressing the opinion that with the lot line adjustment as proposed neither parcel would meet code, and suggested that it be developed as one lot. Mr. James said that concerns with ownership would -not allow that approach, and also noted that the proposed building layout had been before the Planning Commission when the zone change was approved. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Nine A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. 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: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indi4 to screening of all rooftop mechanical equipment and shall delineate the type of material pro- posed to screen said equipment. B. GENERAL CONDITIONS: 1. Provide sprinkler system as required by _ Fire Department prior to issuance of building permits. 2. Edison vault at the northerly corner shall be constructed so as not to project above ground level. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-6 Applicant: James R. Brewster To permit the addition to an existing dining room located on the south side of Warner Avenue, approximately 500 feet west of Spring- dale Street. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Ten This request is categorically exempt, class I, California Environ- Mental Quality Act, 1970.- Mr. James R. Brewster, the applicant was present. Secretary Lipps stated that the request was for additional dining area to an existing Del Taco fast food restaurant. The Chairman opened the public hearing. Mr. Brewster stated that he had obtained a similar approval approximately one year ago whereby he was granted an addition of twelve feet, however, time had elapsed on his application and therefore had reapplied for a smaller addition. He further stated that the total square footage of the dining area (including the addition) will be 700 square feet. A shortage of one parking space was noted, however, since the applicant has obtained a reciprocal parking agreement, parking was proven in excess o the requirement. There being no other parties present to speak on the application, the public hearing was closed. Board discussion ensued. ON MOTION BY LIPPS AND SECOND BY OTT, USE PERMIT NO. 79-6 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: a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 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. F-� Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Eleven CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received February 2, 1979, shall be the approved layout. 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: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Applicant shall comply with all conditions of approval of Use Permit No. 72-79. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None MISCELLANEOUS• TENTATIVE PARCEL MAP NO. 77-32 (Extension of time per S.9941(a)) Applicant: Hasso R. Jauch To permit elimination of a lot line and consolidation of two (2) separate parcels into one (1) lot pursuant to Section 9921 of the Huntington Beach Ordinance Code, located on the west side of Chemical Lane at the southwest intersection of Chemical and Busi- ness Drive in an M1-A, Restricted Manufacturing District. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 21, 1979 Page Twelve Board reviewed the proposed extension of time request and found same to be within Ordinance Code conformance. ON MOTION BY CROSBY AND SECOND BY OTT EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 77-32 WAS GRANTED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, MEETING WAS ADJOURNED. 6#X&fil Walter Lipps, Secretary :gc E