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HomeMy WebLinkAbout1979-06-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 27, 1979 - 1:15 PM BOARD MEMBERS PRESENT: LIPPS, CROSBY, OTT REGULAR AGENDA ITEMS: MINUTES: Consideration of the minutes of the regular meetings of June 13 and June 20, 1979, was continued to the next meeting. CONDITIONAL EXCEPTION NO. 79-15 Applicant: Thomas Kardos To permit a reduction in side yard setback from 5 feet to zero feet on property located on the west side of Green Street approxi- mately 100 feet north of Pearce Avenue. This request is a categorical exemption, Class 5, California Envir- onmental Quality Act, 1970. Chairman Crosby opened the public hearing. No one was present to represent the application; however, Mel Ott informed the Board that he had spoken with the applicant and he was unaware that the request had been scheduled for this meeting. He also said that the Fire Department has serious concerns that approval of this setback reduction might have an adverse effect on access to the in- terior lots and restrict the full use of the properties that front on the easements. The public hearing was closed. The Board discussed the Fire Department's concern, and Bruce Crosby indicated that the adjacent well site, even though very small, still constitutes a legal lot and could possibly be encum- bered by development as requested on the subject property. ON MOTION BY CROSBY AND SECOND BY OTT CONDITIONAL EXCEPTION NO. 79-15 WAS CONTINUED TO THE MEETING OF JULY 11, 1979, TO PERMIT THE APPLICANT TO BE PRESENT, BY THE FOLLOWING VOTE: AYES: Crosby, Ott, Lipps NOES: None ABSENT: None Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 2 ADMINISTRATIVE REVIEW NO. 79-61 Applicant: Image Associates To permit the construction of three 10,000 square foot industrial buildings on property located on the north side of Slater Avenue approximately 200 feet east of Gothard Street. This application is covered by Negative Declaration No. 79-61. John Biondi was present to represent the applicant. The Board reviewed the plan and discussed problems in drive lengths and widths, intertying circulation', turnarounds, and Fire Department requirements. It was the consensus that a staff meeting with devel- opers would be necessary to work out the deficiencies in the plan, and the applicant's representative agreed to a continuation for that purpose. ON MOTION BY BRUCE AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 79-61 WAS CONTINUED WITH THE CONCURRENCE OF THE APPLICANT TO THE MEET- ING OF JULY 11, 1979, BY THE FOLLOWING VOTE: AYES: Crosby, Ott, Lipps NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-30 Applicant: The Roman Catholic Bishop of Orange To permit the construction of a six (6) foot high fence and trash en- closure at the rear property line on property located at the northwest corner of loth Street and Orange Avenue. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. The public hearing was opened. No one was present to represent the application or to address the Board, and the public hearing was closed. Included in the Board's discussion was the ultimate width of the alley and possible sight angle encroachments at the intersection of the alley and Orange Avenue and at the entrances off the alley into the parking lot and the garage. ON MOTION BY OTT AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 79-30 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOW- ING VOTE: FINDINGS: 1. The request for the wall location was not addressed during the review of Conditional Use Permit No. 79-15, which established -2- 6-27-79 - BZA Minutes, H.R. Board of Zoning Adjustments June 27, 1979 Page 3 use, and the wall is an integral part of the development, necessary for proper traffic circulation around and upon this site. 2. There are existing walls on alleys throughout the downtown area, and granting of the request will serve to establish parity with the general vicinity. 3. Granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties under the same zone classification. 4. The granting of the conditional exception will not be mater- ially detrimental to the public welfare or injurious to property in the same zone 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 OCCUPANCY: 1. The conceptual plot plan received and dated June 7, 1979, shall be the approved layout, subject to the following modifications: a. A 10-foot by 10-foot corner cutoff whall be provided at the intersection of the alley and Orange Avenue. b. At the northeasterly corner of the garage driveway the wall shall be reduced to forty-two (42) inches in height for at least a distance of ten (10) feet from the drive. The wall at the south corner of the garage driveway shall be either removed or reduced to forty- two (42) inches in height, as depicted on the reviewed site plan. c. The wall at the other drive entrances into the parking lot shall be stepped down for at least ten (10) feet from the openings to a height of forty-two (42) inches. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 79-573 Applicant: H. E. Hartge To permit the division of approximately 2.7 acres of industrially zoned land into four (4) separate parcels. Bill Hartge was present at the meeting. -3- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 4 The Board discussed access for Metzler Lane across the two small not -a -part parcels and the need for obtaining full street improve- ments at the time of development on the subject site. Mr. Hartge informed the Board that at the time of creation of these lots there had been a reservation along the property line for highway purposes, to provide 20 feet on each side. He also indicated that the property to the west across Metzler Lane is also owned by the applicant and he would be willing to dedicate and improve the westerly half of that right-of-way concurrently with the improvements for the subject site. These improvements would be 44 feet curb to curb with paving across the two small parcels. Mr. Hartge noted that this developer is negotiating at present to acquire both those parcels for incorpor- ation into his development. ON MOTION BY CROSBY AND SECOND BY OTT TENTATIVE PARCEL MAP NO. 79-573 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed subdivision of this 2.7 acres of land into four par- cels for the purpose construction of industrial buildings 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 which allows industrial and manufacturing 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 specifica- tions on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPOVAL: 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 June 8, 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. -4- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 5 3. Metzler Lane shall be dedicated to City standards at the time said parcels are developed. 4. The west side of Metzler Lane (also under the ownership of this applicant) shall dedicate by separate instrument 22.5 feet of right-of-way for Metzler Lane prior to issuance of building permits for the subject site. 5. Copies of the recorded parcel map shall be filed with the Department of Public Works and the Department of Development Services. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-60 Applicant: Stanley Smith To permit the erection of a six (6) foot fence for a storage lot located on the north side of Industrial Drive approximately 142 feet east of Chemical Lane. Stanley Smith was present at the meeting. Walt Lipps outlined the proposal, noting that the Board has no authority to grant the proposed use of a portion of the property as a storage yard without requiring the developer to comply with all requirements of the ordinance code relating to parking, landscaping, setbacks, etc. The applicant indicated1that he has future construction plans for the property, planned to be built in about one year. The Board discussed the possibility of con- sidering a revised layout on the property, including the future buildings, and processing the subject request as part of a phased total development. Mr. Smith agreed to this approach, and a meeting will be held between the applicant and staff to work out a layout for the project. ON MOTION BY CROSBY AND SECOND BY OTT ADMINISTRATIVE. REVIEW NO. 79-60 WAS CONTINUED WITH THE CONCURRENCE OF THE APPLICANT TO THE REGULAR MEETING OF JULY 11, 1979, BY THE FOLLOWING VOTE: AYES: Crosby, Ott, Lipps NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 79-31 Applicant: Richard E. Jimenez To permit an encroachment of six (6) inches along the west property line setback and an encroachment of twelve (12) inches along the -5- 1 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 6 east property line setback on property located on the south side of Talbert Avenue approximately 1230 feet west of Beach Boulevard. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. The public hearing was opened. No one was present to represent the application or to address the Board, and the public hearing was closed. The Board review disclosed that the application sets forth the set- back encroachments incorrectly and cannot be acted upon until the Department of Public Works has reexamined the encroachments and they are properly delineated upon the plan. Bruce Crosby also noted that there apparently is a one (1) foot encroachment on the north side of the property as well, and that will also have to be reviewed. ON MOTION BY CROSBY AND SECOND BY OTT CONDITIONAL EXCEPTION NO. 79-31 WAS CONTINUED TO THE REGULAR MEETING OF JULY 5, 1979, BY THE FOLLOWING VOTE: AYES: Crosby, Ott, Lipps NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 79-63 Applicant: Ecology Tire Company, Inc. Patrick Duffy, attorney, Mike Ramsey, and Greg Gillen were present at the meeting. A request to permit the expansion of an existing tire storage yard located on the southwest corner of Crystal and Ernest Streets. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Acting Secretary Lipps informed the Board that the existing use is non -conforming and the expansion will be required to comply with all ordinance code requirements. He further noted that no plan has been submitted which is adequate to show where and how the storage will take place, how circulation will be provided through the property, or any parking, setbacks, improvements, etc. Mr. Duffy said that he had taken the matter of non-conformance up with the City Attorney and it is his opinion that nothing further is needed on the application because the subject portion of the lot has long been used as an equipment storage yard and all they are proposing to do is store tires there instead. He indicated that there has been a prior court litigation on the property in which it was declared to be exempt from code requirements because of the existing use of the lot. He did not, however, know whether or not that litiga- tion would apply to the rear half of the property where the tire storage is proposed to be located. 1 L1 -6- 6-27-79 - BZA 1 Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 7 Mel Ott informed the applicants that in any event the use will be required to comply with all Fire Code requirements for storage patterns, showing width of aisles, height of stacking, and cir- culation on the site. Bruce Crosby also indicated that the ex- pansion will require street dedication and improvements per code. He outlined the code sections for the information of the appli- cants, quoting the code as "requiring dedication and improvements prior to the use of the land for any purpose" rather than the compliance with code requirements as interpreted by Mr. Duffy to mean prior to application for any building permit. ON MOTION BY CROSBY AND SECOND BY NO. 79-63 WAS APPROVED IN CONCEPT BY THE FOLLOWING VOTE: CONDITION OF APPROVAL: OTT ADMINISTRATIVE REVIEW ONLY WITH THE FOLLOWING CONDITION, A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The subject request is approved in concept subject to the submittal of a site plan conforming to all Ordinance Code requirements (parking, landscaping, utilities, street im- provements, etc.) and to all requirements of the Fire Code. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None Mr. Lipps informed the applicants of the appeal procedure and time period. ADMINISTRATIVE REVIEW NO. 79-64 Applicant: C. Gary Hargrove To permit the construction of an 11,416 square foot industrial building located on the north side of Production Drive, approxi- mately 45 feet west of Manufacture Lane. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mr. Hargrove was present at the meeting. Acting Secretary Lipps indicated that the plan check shows code compliance. The inside storage of trash was briefly discussed; this is acceptable to the Fire Department as long as it is contained properly. ON MOTION BY OTT AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-64 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: -7- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 8 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received and dated June 13, 1979, whall 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 equip- ment and shall delineate the type of material proposed to screen said equipment. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 79-574 Applicant: Donald G. Penkoff To consolidate two lots into one parcel located on the east side of Producer Lane at Research Drive. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. Mr. Penkoff was present at the meeting. The parcel map was found to comply with requirements of the ordinance code. ON MOTION BY CROSBY AND SECOND BY OTT TENTATIVE PARCEL MAP NO. 79-574 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed consolidation of two lots into one lot for the pur- pose of constructing three industrial buildings is in compliance with the size and shape of property necessary for that type of development. -8- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 9 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, which allows light industrial and manufacturing buildings, was placed on subject property. 4. The size, depth, frontage, street width, and other design and improvement features on the proposed consolidation are proposed to be constructed in compliance with standard plans and specifica- tions 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 June 15, 1979 shall be the approved layout. 2. A parcel map shall be filed with, and approved by, the Depart- ment 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 the Department of Public Works. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: SPECIAL EVENT NO. 79-15 Applicant: Fountain Valley Community Band To permit a band concert to be held July 1, 1979 from 1:00 to 3:00 p.m. on property located on the southeast corner of 13th Street and Pacific Coast Highway. No one was present at the meeting to represent the applicant. Lieutenant Patton, H.B. Police Department, was present and addressed the Board to express possible problems with crowd and traffic con- trol and the possibility that acceptable noise levels might be exceeded by the proposed concert in a residential area. The concerns raised by the Police Department were reviewed by the Board and methods of handling possible problems discussed. -9- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 10 ON MOTION BY OTT AND SECOND BY CROSBY SPECIAL EVENT NO. 79-15 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received June 19, 1979 shall be the approved lay- out. 2. The applicant shall obtain all necessary electrical permits. 3. An onsite inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance form shall be filed in the Finance De- partment five (5) days prior to the event. 5. If additional police officers are deemed necessary to provide crowd and traffic control, the applicant shall be responsible for reimbursement to the City for the expense of providing these officers. AYES: Crosby, Ott NOES: Lipps ABSENT: None SPECIAL EVENT NO. 79-16 Applicant: Elizabeth M. Martin To permit a walk-a-thon to be held Saturday, August 25, 1979 from 9:00 a.m. to 5:00 p.m. on sidewalks throughout the City of Hunting- ton Beach. Elizabeth Martin was present at the meeting to explain her project. Board discussion followed. ON MOTION BY LIPPS AND SECOND BY CROSBY SPECIAL EVENT NO. 79-16 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The proposal received June 19, 1979 shall be the approved project. 2. The applicant shall obtain all necessary electrical permits. 3. An inspection by the Fire Department shall be required prior to the event. 4. A certificate of insurance form shall be filed in the Finance De- partment five (5) days prior to the event. 5. Participants shall comply with and obey all traffic rules and regulations of the City of Huntington Beach. AYES: Crosby, Ott, Lipps NOES: None ABSENT: None -10- 6-27-79 - BZA Minutes, H.B. Board of Zoning Adjustments June 27, 1979 Page 11 There being no further business, the meeting was adjourned. Walter Lipps Acting Secretary :df 1 -11- 6-27-79 - BZA