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HomeMy WebLinkAbout1979-07-11MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 11, 1979 - 1:15 PM BOARD MEMBERS PRESENT: Spencer, Crosby, Ott MINUTES: ON MOTION BY CROSBY AND SECOND BY OTT THE MINUTES OF THE REGULAR 14EETINGS OF JUNE 20 AND JUNE 27, 1979, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Crosby, Ott NOES: None ABSENT: None ABSTAIN: Spencer REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 79-15 (Cont. from 6-27-79) Applicant: Thomas Kardos To permit a reduction in side yard setback from five (5) feet to zero, on property located on the west side of Green Street approximately 100 feet north of Pearce Avenue. The public hearing was opened; there being no one present to rep- resent the application or to address the Board, the public hearing was closed. It was the consensus of the Board that, because of the applicant's failure to appear at the meetings and provide needed information on his application, no favorable action could be taken. ON MOTION BY SPENCER. AND SECOND BY CROSBY CONDITIONAL EXCEPTION NO. 79-15 WAS DENIED WITHOUT PREJUDICE BECAUSE OF THE APPLICANT'S FAILURE TO APPEAR, BY THE FOLLQWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 2 ADMINISTRATIVE PEVIEW NO. 79-60 (Cont. from 6-27-79) Applicant: Stanley Smith To permit the erection of a 6-foot fence around a portion of a lot proposed to be used as storage as the first phase of a future con- struction project for a site located on the north side of Industrial Drive approximately 145 feet east of Chemical Lane. This request is a Categorical Exemption, Class 3, California Envir- onmental Quality Act, 1970. Stanley Smith was present at the meeting to present his revised site plan showing proposed future construction in relation to the fence as proposed at present. He explained that he estimates the building portion of his project will be ready for construction within a year. The Board reviewed the total conceptual project. ON MOTION BY CROSBY AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 79-60 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 layout received and dated June 1, 1979 and labeled Exhibit A shall be the approved layout for the first -phase, storage portion of the request, and the site plan received and dated July 3, 1979, labeled Exhibit B, shall be the approved conceptual layout for the total construction pro- ject. In its approval action, the Board of Zoning Adjustments considered the following issues relating 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. GENERAL CONDITIONS: 1. Only the north 100 feet of Lot 10 shall be used for storage, with the 6-foot slatted chain link fence installed along the south and east sides of that portion,of the property. 2. This approval for storage shall be valid for a period of one (1) year, after which any extension of time shall require a separate application. 1 -2- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments`\t T July 11, 1979 Page 3 3. Separate application shall be filed with the Department of Development Services for the future construction phases of this project. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 79-61/Negative Declaration No. 79-42 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. The public hearing on the negative declaration was opened. John Biondi and Lucas Comitas were present to represent the applica- tion. The mitigating measures proposed in the negative declara- tion were reviewed. There being no other persons to address the negative declaration the public hearing was closed. ON MOTION BY CROSBY AND SECOND BY OTT NEGATIVE DECLARATION NO. 79-42 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None Secretary Spencer reported that the revised plan now conforms to Fire Department requirements but some deficiencies still exist in square footage of landscaping and parking space count; these defi- ciencies can be corrected by slight reduction in building size. ON MOTION BY SPENCER AND SECOND BY OTT ADMINISTRATIVE REVIEW NO. 79-61 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY,THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan received and dated July 9, 1979, shall be the approved layout, subject to the follow- ing: a. A revised plan shall be submitted to the Secretary of the Board for his approval. Said revised plan shall show modifications necessary to comply with code requirements for parking spaces and landscaping square footage. -3- 7-11-79 - BZA Minutes, H.B . Board of Zoning Adjustments July 11, 1979 Page 4 In its approval action, the Board of Zoning Adjustments considered the following issues -relating to the conceptual plan:. • Traffic circulation and drives; . Par-ki nq layout; • Lot a roa; • )got width and lot depth; . Typo 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 df 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. The water main when installed shall be installed in such a manner that it will be available for completing of a loop system through the properties adjacent to the subject site. 2. Two (2) onsite fire hydrants shall be installed and in operable condition prior to onsite construction with any combustible materials. 3. All buildings shall be fire sprinklered throughout. 4. The drive shall be posted "no parking - fire lane." 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 indoor spigots. 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, energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling 1 -4- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 5 and laboratory testing of materials to provide detailed recom- mendations regarding grading, chemcial and fill properties, foundations, retaining walls, streets, and utilities. 10. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Regional Water Quality Control Board staff for their review prior to the issuance of grading permits. 11. Prior to the approval of or issuance of a grading permit, the project developer shall provide written evidence to the Director of Development Services that a qualified archaeologist has been notified and invited or retained to be onsite during grading or other significant ground disturbing activities. The archaeolo- gist shall be present at a pre -grading conference, shall estab- lish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification, and evaluation of artifacts or fossils as appro- priate. If cultural/scientific features are discovered, the archaeologist and/or paleontologist shall report such findings to the project developer and to the Director of Development Services. If the cultural/scientific features are found to be significant, the Director of Development Services shall determine appropriate action in cooperation with project developer which ensures that the resources will not be destroyed during explora- tion or salvage. A time limitation of ten (10) days shall be placed on any work stoppage for the above purpose. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 79-33 Applicant:' Eugene B. Zwick To permit the construction of a six (6) foot fence within the front _yard_ setback _inlieu of Section 9104(b) on'property located on the west side of Edqewater Lane approximately 170 feet north of �avehport Drive. This request is a Categorical Exemption, Class 5, California Envir- onmental Quality Act, 1970. The public hearing was opened. Mr. Zwick was present at the meet- ing and addressed the Board in support of his request, describing his property and the location of the side yard fence on the lot directly abutting his own. It was his feeling that his fence would be a continuation of that neighboring fence and would not impact his neighbor's property. There being no other persons to address the Board, the public hearing was closed. -5- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 6 The Board reviewed the siting of the existing dwelling on the lot and the space available -for use in the front. It was the consensus that no justification could be found for the zero setback but that precedent did exist for a somewhat reduced encroachment, to which the applicant concurred. ON MOTION BY SPENCER AND SECOND BY OTT CONDITIONAL EXCEPTION NO. 79-33 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The construction of'the fence at the setback approved by the have an adverse impact upon adjacent or neighbor- -Board-will-not ing -properties. 2. The siting and orientation of existing structures on the site make it difficult to attain maximum utilization of the property if the fence is constructed at the code required setback. 3.- The granting of the conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zoning classification. 4. 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 PEP14ITS: 1. The conceptual site plan received and dated June 22,-1979, shall be the approved layout as modified to reflect a five (5) foot setback from the front property line. 2. The following plans shall be submitted to the Secretary of the Board: a. Revised plan delineating the 5-foot setback. b. A schematic showing the materials and colors proposed to be used for the subject fence, compatible with the dwelling unit on the property. C. A plan delineating the proposed landscaping which shall be required within the front 5-foot setback and triangular area on the northwest corner of the lot. -6- 7-11-79 - BZA Minutes, fi.B. Board of Zoning Adjustments July 11, 1979 Page 7 In its approval action, the Board considered 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, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None USE PERMIT NO. 79-23/ADMINISTRATIVE REVIEW NO. 79-67 Applicant: A. W. Chapman To permit a truck loading facility to face a public street in conjunction with the construction of an 11,438 square foot industrial building on property located on the north side of Commercial Drive approximately 100 feet east of Chemical Lane. This request is covered by EIR 73-16, adopted by the City Council on March 18, 1974. The public hearing on the use permit was opened. No persons were present to represent the application or to address the Board, and the public hearing was closed. Secretary Spencer reported that some question exists in regard to the truck loading door and he would like a continuance to permit contact to be made with the applicant. ON MOTION BY SPENCER AND SECOND BY OTT USE PERMIT NO. 79-23 AND ADMINISTRATIVE REVIEW NO. 79-67 WERE CONTINUED TO THE REGULAR MEETING OF JULY 18, 1979, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 79-66 Applicant: Victoria Oshust To permit private swimming instruction in a residential pool located at 8891 Bosun Circle. No one was present to represent the application. The request was reviewed by the Board. -7- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 8 ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-66 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF PERMITS: 1. The plan dated June 21, 1979 shall be the approved site layout. 2. All requirements of Section 9730.21, Home Occupations, shall be complied with. In its approval action, the Board of Zoning Adjustments considered 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, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 79-68 Applicant: Roy A. Cunningham ti To permit the construction of an 8,500 square foot industrial build- ing located at the southwest corner of Palmdale and Warner Avenue. This request is covered by Negative Declaration No. 79-47. The public hearing was opened on the negative declaration request. Mr. Cunningham was present at the meeting and concurred with the sug- gested mitigation measures. There were no other persons to address the Board, and the public hearing was closed. ON MOTION BY CROSBY AND.SECOND BY SPENCER NEGATIVE DECLARATION NO. 79-47 WAS ADOPTED, BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None Board discussion included review of alley width, building square footage ratio for the first and second floors (which must be accur- ately reflected for calculation of parking ratio), and the visual impact of the project from Warner Avenue. ri [I -8- 7-11-79 - BZA 1 Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 9 ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO: 79-68 WAS APPROVED WITH THE FOLLOWING CONDITONS, 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 June 21, 1979, shall be the approved layout, subject to the modifications described herein: a. A revised plan shall be submitted reflecting the proper square footage and ratio of the first and second floors of the proposed project. b. Elevations shall be submitted depicting colors, textures, and materials which are proposed to be used. These eleva- tion features shall be approved by the Secretary of the Board prior to permits. Plans delineating said modifications shall be submitted to the Secretary of the Board. If such plans comply with the modifica- tions 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 indicate screening bf all rooftop mechanical equip- ment -and shall delineate the type of material proposed to screen said equipment. -9- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 10 B. GENERAL CONDITIONS: 1. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 2. 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. 3. If lighting is included in the parking lot, energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 4. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recomendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and•utilities. 5. If fail -type insulation is to be used, a fire retardant type shall be installed as approved by the Building -Division of the Department of Development Services. 6. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall•be submitted to the California Regional Water Quality Control Board staff for its review prior to the issuance of grading permits. 7. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issu- ance of a Certificate of Occupancy for any use within the building. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None MISCELLANEOUS AGENDA ITEMS: SPECIAL EVENT NO. 79-17 Applicant: Tim Greaves To permit participation in an organized run on City streets for a Pioneer Day celebration July 21, 1979 between 8:00 a.m. and 12:00 noon. No one was present at the meeting to represent the applicant. -10- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 11 • Bruce Crosby submitted a report from the Traffic Engineer recommending denial of the request. The merits of the proposal and the recommendation were reviewed by the Board. ON MOTION BY CROSBY AND SECOND BY SPENCER SPECIAL EVENT NO. 79-17 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: REASON FOR DENIAL: All the streets upon which the proposed project would take place are arterials - four -lane streets with speed limits of 40 miles per hour or more. On Goldenwest and Warner in particular there is little or no provision for a pedestrian area along the route, and the project is considered to present a potential hazard for both participants and street traffic. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 79-70 Applicant: Huntington Surfside Corporation To permit construction of a model home complex for a previously approved tract located on the southwest corner of Saybrook Lane and Edinger Avenue. The request and layout were reviewed by the Board. ON MOTION BY SPENCER AND SECOND BY CROSBY ADMINISTRATIVE REVIEW NO. 79-70 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 received June 20, 1979, shall be the approved layout. 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; . Type of use and its relation to property and improvements in the immediate vicinity; • Past administrative action regarding this property. -11- 7-11-79 - BZA Minutes, H.B. Board of Zoning Adjustments July 11, 1979 Page 12 B. GENERAL CONDITION: 1. -The subdivision directional signs for the model home complex shall comply with all ordinance code requirements for such signs. AYES: Spencer, Crosby, Ott NOES: None ABSENT: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 79-30 (Reconsideration) Applicant: The Roman Catholic Bishop of Orange Secretary Spencer reported that a letter has been received from the applicant requesting reconsideration of this project, as it was felt that the Board's approval on June 27, 1979, had not adequately taken into consideration the fence as depicted on the architect's drawings. In particular he is objecting to the step-down of the wall adjacent to the garage, noting that it is for his private use and to lower the fence at that location will result in trash and debris being thrown over it into the yard. The Board discussed the possibility of installing the fence to 42 inches with solid masonry and using wrought iron above that height. Mr. Spencer noted that he has received an oral opinion from legal counsel Jim Georges to the effect that the Board can reconsider an application at any time provided the applicant has requested it. If that opinion is rendered in writing, it is the Board's intention to inform this applicant that it has reconsidered and modified his condi- tions of approval. If a written legal opinion is not forthcoming, the applicant will be informed that another application will be re- quired, or possibly an appeal filed to C.E. 79-30. Mr. Spencer will contact both the Attorney's office and the applicant in regard to the matter. There being no further business, the meeting was adjourned. r es P. Spence Secretary :df -12- 7-11-79 - BZA