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HomeMy WebLinkAbout1980-02-060 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 6, 1980 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly STAFF PRESENT• Ott MINUTES: ON MOTION BY SPENCER AND SECOND BY OTT, THE MINUTES OF THE REGULAR MEETING OF JANUARY 30, 1980 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Ott NOES: None ABSENT: None ABSTAIN: Kelly REGULAR AGENDA ITEMS: USE PERMIT NO. 79-40 Applicant: Pacific Southwest Realty To permit the construction of a bank building located on the south- west corner of Boardwalk Drive and Algonquin Street in the Huntington Harbour Shopping Center. This request is covered by Negative Declaration No. 80-6. ON MOTION BY SPENCER AND SECOND BY KELLY THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 80-6 WITH THE MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 79-40 GENERAL CONDITIONS NO. 2 THROUGH 5 IMPOSED ON THE USE PERMIT APPLICATION, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None Mr. Jack Brink, representing the application, was present. Chairman Tindall introduced the application to the Board. Secretary Spencer gave a brief background on the application stating that a preliminary plan check revealed the application to be within substantial ordinance 'code conformance. The public hearing was opened. Minutes; H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Two Mr. Brink addressed the Board stating that the proposal was designed to be an attractive building in a safe location, with the motif blending ih with the existing shopping center, thus creating more convenient facilities. Robert Lallore, neighboring resident, addressed the Board and inquired about the setbacks proposed, and what type of screening was proposed. Mr.•LaMore cited objection to an E111 night teller wipdow due to the possibility of increased noise from traffic during pight hours, There being no other parties present to speak on the application, the public hearing was closed. Board discussion ensued. Secretary Spencer felt the need for intensified landscaping in the area directly adjacent to the existing block wall for purpose of softening and screening the proposed facility from adjacent residential properties. Findings and conditions of approval were discussed. ON MOTION BY TINDALL AND SECOND BY SPENCER, USE PERMIT NO. 79-40 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY TFE FOLLOWING VOTE: 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 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. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1-. The conceptual plot plan and elevations received November 29, 1979, shall be the approved layout. 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, February 6, 1980 Page Three 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. An intensified landscaping plan for that area directly adjacent to the existing block wall shall be submitted to the'Secretary of the Board for approval: Purpose of said plan is to soften and screen proposed facility from adjacent residential properties. GENERAL CONDITIONS: 1. The block wall immediately surrounding the building shall be repaired prior to issuance of Certificate of Occupancy. 2. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 3. Low volume heads shall be used on all indoor spigots. 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 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. AYES: Snencer, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-4 Applicant: George Galkins To permit the construction of a single family dwelling in an R-3 Zone located on the east side of Main Street, approximately 75 feet north of Palm Avenue. This request is a categorical exemption, Class 3, California Environ- mental Quality Act, 1970. Mr. George Galkins was present to represent the application. Chairman Tindall introduced the application to the Board. Secretary Spencer gave a brief background of the proposal stating that the proposal was within substantial ordinance code conformance, however, noted that the stairway at the rear of the property would have to Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Four be relocated or removed so that it would not interfere with the move- ment of vehicles in or out of the garage. Secretary Spencer further noted that Section 9201.1 of the ordinance code has been satisfied. The public hearing was opened. Mr. Galkins addressed the Board stating that he was proposing a single family dwelling with good design and hoped he met the requirements of the ordinance code. There being no other parties present to speak on the application, the public hearing was closed. Findings and conditions of approval were discussed. ON MOTION BY TINDALL AND SECOND BY SPENCER, USE PERMIT NO. 80-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposal is found not to be detrimental to the general welfare of persons residing,in the vicinity. 2. The Board found that the proposed single family dwelling does not adversely affect the City's General Plan. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 17, 1980, 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, width, and depth; - Type of use and its relation to property and improvements in the immediate vicinity. GENERAL CONDITIONS: 1. Applicant shall dedicate 2-1/2 feet of alley to City Standards. 2. Stairway at the rear of the property adjacent to garage shall be relocated or removed as not to interfere with movement of vehicles in or out of garage. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Five AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None. CONDITIONAL EXCEPTION NO. 80-3 Applicant: Mr. & Mrs. T. J. Rudd To permit a reduction in open space dimension from 20 ft. to 15 ft. located on the north side of Scotia Circle, approximately 300 ft. south of Balmoral Drive. This request is a categorical exemption, Class 5, California Environ- mental Quality Act, 1970. The applicants were not present. Chairman Tindall outlined the proposal to the Board. Secretary Spencer gave a brief background of the application stating that the applicants were in excess of open space area, however, were deficient in required dimensions. Secretary Spencer further noted that a precedent had been established for this type of request, in that other applications had been approved whereby the applicants were deficient in dimensions, but met or exceeded the required open space. The public hearing was opened. 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 to continue the application, thereby allowing the applicants to be present at the meeting to present their justification for approval. ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-3 WAS CONTINUED TO FEBRUARY 13, 1980, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-4 Applicant: James E. Neal To permit the use of a twenty foot alley as access to property located on the south side of Hideout Circle, approximately 175 feet west of Green Street. This request is a categorical exemption, Class 5, California Environ- mental Quality Act, 1970. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Six Mr. Marvin Eckodahl was present to represent the application. Chairman Tindall introduced the application to the Board. Secretary Spencer gave a brief background of the application stating that the proposal has an existing 20 ft. easement in lieu of the required 25 ft. easement. Secretary Spencer further informed the Board that this application had been approved previously, however, the application has expired prior to commencement of construction within the requited one (1) year. The public hearing was opened. Mr. Eckodahl addressed the Board stating that he was requesting the identical approval given to Conditional Exception No. 78-50, which was approved November 15, 1978. He stated that he had recently acquired this property and was unaware that the earlier conditional ,exception had an expiration date. Ellen McMahon, neighboring resident, addressed the Board and spoke in opposition of the proposal. She stated that the traffic in the alley whereby the access is proposed is already crowded, and that the alley was not intended for major access. She cited concern over parking along the accessway stating that an overflow of parking already exists. There being no other parties present to speak on the application, the public hearing was closed. Board reviewed the proposal noting that without the requested access, property would be landlocked with no other means of access. Emergency vehicle access was discussed extensively by the Board, and it was suggested that "No Parking" be posted and enforced along the entire easement. It was also suggested that alternative fire protection devices be provided, such as -sprinklers, if the "No Parking" cannot be enforced. Further conditions of approval and findings were discussed by Board members. ON MOTION BY KELLY AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Because of the following special circumstances tFplicable to the subject property, the strict application of the zoning ordin- ance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and in the same zoning classification: a. If the use of the alley as requested is not allowed, the property is landlocked with no other means of access. b. The lot has existed for some years in the present configuration. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Seven c. The commonly owned private access easement has existed for 25 to 30 years for the use of the properties on either side. d. The existing easement is of no lesser width than a legal - width public alley. 2. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and in the same zoning classification. 3. The granting of the conditional- exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of the conditional exception will not be materially 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 ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received January 17, 1980, shall be the approved layout, showing access via the twenty (20)ft. alley. 2. If fire access lane "NO PARKING" enforcement provisions along the private alley cannot be worked out to Fire Department specifi- cations, or any alternative fire protection devices provided, this application shall become null and void. 3. Parcel Map shall be filed and recorded by the Orange County Recorder prior to development of any parcel on this site. B. GENERAL CONDITIONS: 1. Required parking both on and off -site of any proposed development of parcel in question shall be confined to said parcel. 2. The entire alley from Green Street to the west end of Lot 85 shall be designated a fire lane and kept completely clear of any parking. 3. The approval of the conditional exception is limited to Section 9166.9(c) of the Huntington Beach Ordinance Code. AYES: Spencer,*Tindall, Kelly NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Eight CONDITIONAL EXCEPTION NO. 80-5 Applicant: Craig Combs, Associates To permit the encroachment into front line setback (50 ft.) to a minimum of 25 ft. located on the west side of Beach Boulevard, approximately 500 ft. south of Taylor Drive. This request is a categorical exemption, Class 5, California Environ- mental Quality Act, 1970. Chairman Tindall outlined the proposal to the Board. Secretary Spencer gave a brief background on the proposal stating that an earlier application (Administrative Review No. 79-78) was approved by the Board for an office building in the C4 zone, however, had a typical C2 use been proposed, which make up the majority of uses along Beach Boulevard, a twenty five (25) foot setback would have been allowed. Board discussed the possibility of relocating the building to lessen the encroachment of sight angle setback require- ment. The public hearing was opened. Mr. Stan Uchizono was present to represent the application and stated that the possibility of relocating the building has been discussed, however, he felt the plan would be better if built according to proposal. Mr. Uchizono further stated that the adjacent property owner, Wilson Ford, had no objection to the sight angle encroachment. Secretary Spencer noted that a letter to that effect from Wilson Ford was in the file. There being no other parties present to speak on the application, the public hearing was closed. Board discussion followed. It was the consensus of the Board to require the applicant to relocate his proposed office building to minimize encroachment into "sight angle setback." Findings and conditions of approval were discussed. ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80-5 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOL- LOWING VOTE: FINDINGS• 1. The Board finds that due to width of Beach Boulevard, the proposed "sight angle" encroachment would not have a detrimental affect on adjacent property. 2. That the 25 ft. proposed encroachment.would be no greater than that allowed, had a C-2 use been proposed. 1 Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Nine 3. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 4. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the 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 classification. 5. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 6. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 7. 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 revised conceptual plot plan and elevations received January 18, 1980, shall be the approved layout, subject to the modifications described herein: a. The applicant shall submit revised plans depicting relocation of the proposed building to the west and south to minimize sight angle encroachment. 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. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-3 Applicant: Ron Montgomery To permit a 3,900 sq. ft. office building for a building supply yard located on.the south side of Warner Avenue, approximately 800 ft. west of Palmdale Street. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Ten This request is a categorical exemption, Class 3, California Environmental Quality Act, 1970. Mr. Ron Montgomery, the applicant, was present. Chairman Tindall outlined the proposal to the Board. Secretary Spencer gave a brief background of the proposal, stating that the proposal is a new addition to a previously established yard. He further stated that the proposal is within substantial ordinance code conformance. The public hearing was opened. There being no parties present to speak on the application, the public hearing was closed. Board discussion ensued. Dedication and street improvements were discussed with the applicant as well as required landscaping and the requirement of 30 ft. minimum on -site driveway dimensions. Findings and conditions of approval were discussed. ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 80-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: 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 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. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan and elevations received January 15, 1980, shall be the approved layout, subject to the modifications described herein: a. A revised plan shall be submitted to the Secretary of the Board reflecting a 30 ft. minimum on -site driveway dimensions. b. Applicant shall reflect a minimum turning radius of 27 ft. into the parking compounds. 11( Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Eleven 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. 2. Prior to issuance of Building Permits, applicant shall obtain permits for an existing building at the southeast corner of subject site. 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, width, and depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. 3. 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. Dedication and street improvements shall be required along Warner Avenue to Public Works Department standards.' AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None TENTATIVE. PARCEL MAP NO. 79-586 Applicant: Roman Catholic Bishop of Orange To permit the creation of four (4) acre parcel and a residual parcel located on the north side of Talbert Ave. approximately 660 ft. east of Newland Ave. This request is covered by Negative Declaration No. 79-80 approved by the Planning Commission on February 5, 1980. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 6, 1980 Page Twelve Secretary Spencer informed the Board that a conditional use permit had been filed by the applicant to be heard in conjunction with the proposed tentative parcel map and therefore, recommended that the tentative parcel map be referred to the Planning Commission to be heard in conjunction with Conditional Use Permit No. 80-2. Board concurred with referral. ON MOTION BY SPENCER AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 79-586 WAS REFERRED TO THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 80-551 Applicant: Hunsaker & Associates, Inc. To permit the subdivision of two (2) parcels from three existing parcels located on the east side of Sims Avenue, approximately 487 feet south of Warner Ave. This request is covered by Negative Declaration No. 80-5. Mr. Bob Perkins was present to represent the application. Chairman Tindall introduced the application to the Board noting that with the approval of this application there is a possibility of landlocking the parcels, and possibly creating one unbuildable lot. It was the consensus of the Board to continue the application to allow applicant to meet with staff to resolve possible problems of landlocking. Applicant's representative concurred with the continuance. ON MOTION BY SPENCER AND SECOND BY KELLY, TENTATIVE PARCEL MAP NO. 80-551 WAS CONTINUED TO FEBRUARY 13, 1980 BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 1 Charles P. Spen r, Secretary Board of Zoning Adjustments