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HomeMy WebLinkAbout1979-06-06MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, Calif. WEDNESDAY, JUNE 6, 1979 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby, Ott MINUTES: ON MOTION BY OTT AND SECOND BY CROSBY THE MINUTES OF THE REGULAR MEETING OF MAY 23, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Ott, Crosby NOES: None ABSENT: None ABSTAIN: Lipps ON MOTION BY OTT AND SECOND BY CROSBY THE MINUTES OF THE REGULAR MEETING OF MAY 30, 1979 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None AGENDA ITEMS CONTINUED OR WITHDRAWN: TENTATIVE PARCEL MAP NO. 79-570 (Cont. from 5/23/79) Applicant: Jack Chalabian To create two (2) parcels from the existing four (4) parcels of land located on the south side of Argosy, approximately 400 - 1300 feet east of Bolsa Chica Street. This request is covered by EIR 73-16, approved by the City Council on March 18, 1974. Acting Secretary Lipps stated that the applicant had not to date submitted proper map consistent with his proposed development plan, therefore, Mr. Lipps suggested the item be tabled indefinitely to allow applicant to submit proper map. Board concurred with Mr. Lipps' suggestion. ON MOTION BY CROSBY AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 79-570 WAS TABLED INDEFINITELY BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None Minutes: Huntington Beach Board of Zoning Adjustments Wednesday, June 6, 1979 Page Two TENTATIVE PARCEL MAP NO. 79-567 (Cont.-from 5/23/79) Applicant: RMG Engineering, Inc. To create four (4) parcels and a residual parcel out of one parcel of land located on the south side of Slater Avenue, west of the centerline extension of Nichols Street. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 79-19 (Cont. from 5/23/79) Applicant: RMG Engineering, Inc. To permit a reduction in building setback from five (5) feet to zero (0) feet adjacent to a 25 ft. waterline easement located on the south side of Slater Avenue, west of the centerline extension of Nichols Street. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 79-47 (Cont. from 5/23/79) Applicant• Family Home Builders, Inc. To permit the construction of a 9,946 square foot industrial building located on the south side of Slater Avenue, approximately 1000 feet east of Gothard Street. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 79-21 (Cont. from 5/23/79) Applicant• RMG Engineering, Inc. To permit a reduction in building setback from 5 feet to 0 feet adjacent to a 25 ft. waterline easement located on the south side of Slater Avenue, west of the centerline of Nichols Street. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 79-48 (Cont. from 5/23/79) Applicant• Family Home Builders, I_nc. To permit the construction of a 14,315 square foot industrial building located on the south side of Slater Avenue, approximately 1000 feet east of Gothard Street. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 79-46 (Cont. from 5/23/79) Applicant• Family Home Builders, _Inc. To permit the construction of a 10,339 square foot light industrial building located on the south side of Slater Avenue, approximately 1000 feet east of Gothard Street. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Three IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 79-35 (Cont. from 5/23/79) Applicant: Family Home Builders, Inc. To permit the construction of a 12,937 square foot industrial building located on the south side of Slater Avenue, approximately 1000 feet east of Gothard Street. These applications are covered by Negative Declaration No. 79-35. Acting Secretary Lipps suggested that the above applications be con- tinued to the June 20, 1979 meeting to allow Tentative Tract Map 9921X to be heard by the Planning Commission (these buildings are all pro- posed within said tract). ON MOTION BY CROSBY AND SECOND BY OTT, TENTATIVE TRACT MAP NO. 79-567, CONDITIONAL EXCEPTION NO. 79-19, ADMINISTRATIVE REVIEW NO. 79-47, CONDITIONAL EXCEPTION NO. 79-21, ADMINISTRATIVE REVIEW NO. 79-48, ADMINISTRATIVE REVIEW NO. 79-46, ADMINISTRATIVE REVIEW NO. 79-35, WERE CONTINUED TO JUNE 20, 1979 BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Ott NOES: None ABSENT: None USE PERMIT NO. 79-20 Applicant: John Kina To permit the construction of a single family dwelling located on the east side of loth Street, approximately 90 feet south of Walnut Avenue. This request is a categorical exemption, Class 3, California Environ- mental Quality Act, 1970. The Chairman introduced the application to the Board. The public hearing was opened. The applicant was not present. There being no parties present to speak on the application, the public hearing was closed. Board discussion ensued. It was the consensus of the Board that the proposal was within substantial ordinance code conformance. Findings and conditions of approval were discussed. ON MOTION BY OTT AND SECOND BY CROSBY USE PERMIT NO. 79-20 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOL- LOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Four FINDINGS: 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 immediate 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. CONDITION OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received May 18, 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. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-27 Applicant: R. L. Murphy To permit a reduction in open space from 900 square feet to 840 square feet for a room addition located on the south side of Friesland Drive, approximately 200 feet west of Zieder Lane. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Five Mr. R. L. Murphy, the applicant, was present. The Chairman introduced the application to the Board. The public hearing was opened. Mr. Murphy outlined his proposal as being a family room addition to an existing single family dwelling. He further stated that he has received approval for the addition in April, 1969, however was unable to build at that time. Since then, the code has been changed somewhat, however, his original proposal has not changed. He further added that the foundation has been poured at time of original approval. There being no other parties present to speak on the application, the public hearing was closed. Board discussion ensued. It was the consensus of the Board that the open space shown on the plan exceeds the 900 square foot require- ment of the Ordinance Code in total square footage. Furthermore, the Board noted that the open space deficiency is related more to minimum dimensions provided which is minor and will have no adverse impact upon surrounding properties, lot coverage, or setbacks. Board further noted that the request is consistent with other proper- ties exempted from open space requirements because they abut permanent open space. ON MOTION BY CROSBY AND SECOND BY OTT CONDITIONAL EXCEPTION NO. 79- 27 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITION, BY THE FOLLOWING VOTE: FINDINGS• 1. This approval will allow applicant to complete a previously ap- proved and finalled foundation location for a room addition. 2. The open space shown on the plan exceeds the 900 square foot requirement of the Ordinance Code in total square footage. 3. The deficiency is related more to minimum dimensions provided which is not substantial and will have no impact upon sur- rounding properties, lot coverage or setbacks. 4. The rear property line of the subject property abuts permanent open space and granting of this conditional exception is consistent with other properties exempted from open space requirements because they abut permanent open space. 5. Granting of the conditional exception would not be a grant of special privilege. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Six CONDITION OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received May 18, 1979, shall be the approved layout. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-52 Applicant: Phillip Stivers To permit the construction of a 10,872 square foot industrial building located on the west side of Transistor Lane, approximately 433.5 feet north of Machine Drive. This application is covered by EIR 73-16, approved by the City Council on May 18, 1974. Mr. Phillip Stivers, the applicant, was present. Board reviewed the proposal and found same to be within Ordinance Code conformance. The applicant was made aware that the drive approach would have to be increased to thirty feet minimum. Mr. Stivers stated that the proposal was for a one story industrial building with vaulted ceiling to be used only for storage area. Board discussion ensued. Conditions of approval were discussed between the Board and the applicant. ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 79-52 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 May 18, 1979 shall be the approved layout, subject to the modification described herein: a. Increase drive approach to thirty (30) feet minimum. A plan delineating said modification 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. 1 Wednesday, June 6, 1979 Page Seven 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 equip- ment and shall delineate the type of material proposed to screen said equipment. GENERAL CONDITIONS: 1. Developer shall comply with all conditions of the Tentative Tract. AYES: Linns, Crosby, Ott NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-28 Applicant: Donna Davis To permit a fourteen (14) foot reduction in the required garage setback located on the east side of Barnstable, approximately 100 feet south of Humboldt Drive. This application is a categorical exemption, class 5, California Environmental Quality Act, 1970. Mr. Robert Shaw and Mrs. Donna Davis were present to represent the application. The public hearing was opened. Mr. Shaw stated the reason for the request was to obtain a front yard for future adoption of a child, since there was limited space in the rear yard which was also abutting the water. Mr. Dick McAlpine addressed the Board and stated his opposition to the proposal. Mr. McAlpine stated his major reasons for opposition as he felt an increase in normal sounds would result, since the proposed addition would abut his bedroom window. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Eight Mr. Shaw stated that the applicant was willing to use materials which would buffer any noise that might be created by insulating the entire garage, utilizing additional landscaping to attenuate noise, and in- creasing theexisting fence height. Mrs. Davis further stated that presently she can only use the garage for one car, however, with the new plan, two cars would fit side by side into the garage. There being no other parties to speak on the application, the public hearing was closed. Board discussion followed. It was the consensus of the Board that granting of the request would be precedent setting in that all lots in the vicinity are similar and would tend to seek the reduced setback. ON MOTION BY CROSBY AND SECOND BY OTT CONDITIONAL EXCEPTION NO. 79-28 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1) Approval of the Conditional Exception would be precedent setting in that all lots in the vicinity are similar and would tend to seek the reduced setback. 2) The proposal does not demonstrate special circumstances such as size, shape, topography, location, or surroundings in relation to other similar dwellings in the tract. 3) Granting of the Conditional Exception would be a grant of special privilege. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 79-571 Applicant: Kurt V. Boba To permit the consolidation of two lots into one located on the north side of Oceanus Drive, approximately 200 feet east of Triton Lane. IN CONJUNCTION WITH: ADMINISTRATIVE REVIEW NO. 79-56 Applicant: Kurt V. Boba To permit the construction of a 46,199 square foot industrial building located on the north side of Oceanus Drive, approximately 200 feet east of Triton Lane. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Nine These applications are covered by EIR 73-16, approved by the City Council on March 18, 1974. Mr. Kurt V. Boba was present to represent the applications and acknowledged receipt of the suggested conditions of approval for Tentative Parcel Map No. 79-571. Board reviewed the applications and found both to be within compliance of the Huntington Beach Ordinance Code. An increased driveway approach was discussed and Mr. Boba noted that the intended use of the proposal was warehousing and manufacturing type spec use. Conditions of approval and findings were discussed. ON MOTION BY CROSBY AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 79-571 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• 1. The proposed consolidation of two (2) lots into one (1) parcel for purposes of manufacturing use 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 Manufacturing which allows industrial buildings, was placed on subject property. 4. The size, depth, frontage, street width, and other design and im- provement features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications 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 PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Planning Department on May 21, 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. Compliance with all applicable City Ordinances. 4. A copy of the recorded parcel map shall be filed with the Planning Department. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Ten AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ON MOTION BY LIPPS AND SECOND BY OTT ADMINISTRATIVE REVIEW NO. 79-56 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received May 21, 1979, shall be the approved layout, subject to the modifications des- cribed herein: a. Increase drive approaches to a minimum of thirty (30) feet. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modifi- cation 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 irriqation 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 equip- ment and shall delineate the type of material proposed to screen said equipment. GENERAL CONDITIONS: 1. Tentative Parcel Map No. 79-571 shall be recorded prior to occupancy of the building. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Eleven AYES: Lipps, Crosby, Ott NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-57 Applicant: Laszlo Kovacs To permit the construction of three industrial buildings at 11,000 square feet each located on the south side of Talbert Avenue, approxi- mately 1230 feet west of Beach Boulevard. This application is covered by Negative Declaration No. 78-75, previously approved. The applicant was not present. Acting Secretary Lipps outlined the proposal to the Board and noted the following deficiencies: A shortage in front yard setback exists, the existing side yard is deficient, shortage in turning radius along the easterly property line, shortage of setback along easterly property line, etc. The Board viewed the plan conceptually and noted additional deficiencies, however, it was the consensus of the Board to request a revised plan from the applicant whereby all Ordinance Code requirements have been met. ON MOTION BY LIPPS AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-57 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 'A. TO BE COMPLETED PRIOR TO APPLICATION FOR BUILDING PERMITS: 1. The revised conceptual plot plan and elevations received June 4, 1979, shall be the approved layout, subject to the modifications described herein: a. Revise plan to reflect compliance with all applicable ordinance code requirements. 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: Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Twelve 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 equip- ment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. This approval is for the CONCEPTUAL plan only and shall not be construed as acceptance of any deficiencies thereon. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None LOT LINE ADJUSTMENT NO. 79-2 Applicant: Robert F. Curtis To permit a lot line adjustment located on the east side of Simms, approximately 400 feet south of Warner Ave. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Mr. Curtis, the applicant, was present. Discussion ensued regarding whether or not the proposal was in compliance with the Subdivision Map Act and whether:resulting parcel is a legal build- ing site. It was the consensus of the Board to adjourn the meeting to Thursday, June 7, 1979 to allow staff time to research further into the legality of the proposed lot line adjustment. THE MEETING WAS ADJOURNED TO THURSDAY, JUNE 7, 1979 - 2:00 P.M. Minutes: H.B. Board of Zoning Adjustments Wednesday, June 6, 1979 Page Thirteen THE MEETING RECOVENED THURSDAY JUNE 7 1979 - 2:00 P.M. Further discussion ensued and the Acting Secretary reported that the Planning Staff had agreed that the Lot Line Adjustment was within compliance of the Map Act and the Huntington Beach Ordinance Code, and thereby recommended approval. ON MOTION BY LIPPS AND SECOND BY CROSBY LOT LINE ADJUSTMENT NO. 79-2 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. Application for a Tentative Parcel Map consolidating the subject parcels shall be filed with and approved by, the Planning Depart- ment prior to issuance of Building Permits and map to be recorded prior to occupancy of buildings. 2. Approval of this lot line adjustment shall not be construed as entitlement for development of the site. 3. The Lot Line Adjustment shall consist of elimination of the northerly property line of Assessor Parcel No. 110-037-22 and the extension of the easterly property line of said parcel northerly 25 feet to include in said parcel the westerly most 50 feet of Assessor Parcel No. 110-037-23. AYES: Lipps, Crosby, Ott NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Walter Lipps, Acting Secretary Board of Zoning Adjustments :gc