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HomeMy WebLinkAbout1980-02-13MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, FEBRUARY 13, 1980 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 6, 1980, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 80-1 Applicant: Westfield Huntington Company To permit a two foot (21) balcony encroachment into the rear yard setback located on the south side of Warner Avenue, between Green and Lynn Streets. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. John King was present to represent the application. Secretary Spencer introduced the application to the Board. The public hearing was opened. Mr. King stated that he was seeking a minor balcony encroachment into the rear yard to afford his proposal better design. He stated that the encroachment would enhance the street scape, provide better sound control, and will not give him any special privileges because similar requests have been granted throughout the City. He explained that the proposed balcony would not extend any further than the fireplace, thereby creating a smooth line on the rear portion of the building. Board discussion followed. It was the consensus of the Board that the encroachment would not have a detrimental effect on the surrounding properties in that because of the additional landscaped easement require - the strict application of regulations are found to have deprived subject property of privileges enjoyed by other properties in the vicinity. There being no other parties present to speak on the application, the public hearing was closed. Minutes: H.B. Board of Zoning Adjustments Wednesday, February 13, 1980 Page Two ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-1 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. That because of the additional landscaped easement requirement, the strict application of regulations are found to have deprived subject property of privileges enjoyed by other properties in the vicinity. 2. The proposed balcony projection are found to have no greater projection then proposed fireplaces located -on buildings and also found not to have an adverse impact of adjacent properties. 3. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. 4. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 6. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASON FOR APPROVAL: 1. The development was required to dedicate an additional five (5) feet right-of-way along Warner Avenue for landscaping purposes, thereby, losing in effect five (5) feet of lot area. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 14, 1980, shall be the approved layout. Minutes: H.B. Board of Zoning Adjustments Wednesday, FEbruary 13, 1980 Page Three 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 lot depth; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-2 Applicant: Westfield Huntington Company To permit a two foot (21) balcony encroachment into the rear yard setback located on the north side of Jennifer Circle, at the south- east corner of Lynn and Warner. This application is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Secretary Spencer introduced the application to the Board. The public hearing was opened. Mr. King was present to represent the application. Mr. King stated that he was seeking a minor balcony encroachment into the rear yard to afford his proposal better design. He stated that the encroachment would enhance the street scape, provide better sound control, and will not give him any special privileges because similar requests had been granted throughout the City. He explained that the proposed balcony would not extend any further than the fireplace, thereby creating a smooth line on the rear portion of the building. Board discussion followed. It was the concensus of the Board that the encroachment would not have a detrimental effect on the surrounding properties in that because of the additional landscaped easement require- ment, the strict application of regulations are found to have deprived subject property of privileges enjoyed by other properties in the vicinity. The being no other parties present to speak on the application, the public hearing was closed. ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-2 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments Wednesday, February 13, 1980 Page Four FINDINGS: 1. That because of the additional landscaped easement requirement, the strict application of regulations are found to have deprived subject property of privileges enjoyed by other properties in the vicinity. 2. The proposed balcony projection are found to have no greater projection then proposed fireplaces located on buildings and also found not to have an adverse impact of.adjacent properties. 3. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. 4. The granting of A Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 6. The granting of the Conditional Exception will not adversely affect -the General Plan of the City of Huntington Beach. REASON FOR APPROVAL: 1. The development was required to dedicate an additional five (5) feet right-of-way along Warner Avenue for - landscaping purposes, thereby, losing in effect five (5) feet of lot area. CONDITONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 14, 1980, shall be the approved layout. • 4 Minutes: H.B. Board of Zoning Adjustments Wednesday, February 13, 1980 Page Five 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 lot depth; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. AYES: Spencer, Kelly, Tindall 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 feet to 15 feet located on the north side of Scotia Circle, approximately 300 feet south of Balmoral Drive. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Mr. T.J. Rudd was present to represent the application. The Board reviewed the application. The public hearing was opened. Mr. Rudd requested that the Board approve the application with an additional revision to include extending the building 6' feet along the full width at the rear of the eixisting building. The Board discussed the request. It was noted that the reduction of open space would not significantly effect the lot coverage as the reduction is minimal. The public hearing was closed. ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-3 WAS APPROVED BY THE FOLLOWING VOTE WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS• 1. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. 2. Because of the special circumstances applicable to the subject property, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other proper- ties in the vicinity and under identical zone classification. 3. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Six 4. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASONS FOR APPROVAL: 1. Subject property will be provided with a usable open space area of approximately 1365 sq. ft. with minimum dimensions of fifteen (15) feet, exceeding -the square footage code requirement minimum of 900 square feet. 2. The addition is needed in order to provide standard of living necessary for the enjoyment of property rights. CONDITIONS OF APPROVAL:' A. TO BE C MPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. T e conceptual plot plan and elevations received January 16, 980 shall be the approved layout, subject to the modifications described herein: a. Revised plan reflecting proposed room addition across full width at the rear of the dwelling. 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 ap- proved and made 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, width, and 'depth; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None r� U Minutes: H.B. Board of Zoning Adjustments February 13f 1980 Page Seven TENTATIVE PARCEL MAP NO. 80-551 Applicant: Hunsaker & Associates, Inc. To permit the subdivision of two (2) parcels from three (3) existing parcels located on the east side of Sims Avenue, approximately 487 feet south of Warner Avenue. This application is convered by Negative Declaration No. 80-5 ON MOTION BY SPENCER AND SECOND BY TINDALL, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 80-5 WITH THE MITIGATING MEASURES CONTAINED IN TENTATIVE PARCEL MAP 80-551 GENERAL CONDITIONS 4 THRU 10 IMPOSED ON THE TENTATIVE PARCEL MAP BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None Mr. Bob Perkins representing the application was present. Chairman Tindall introduced the application to the Board. Secretary Spencer gave a brief background on the application stating the application had been continued to allow the Board to further review the proposal. secretary Spencer discussed the concerns regarding the landlocked situation that appeared to exist which would prohibit public right- of-way. Mr. Perkins stated that the County Assessor's office had assigned one parcel number to the three separate parcels, therefore, alleviating the landlocked situation. The Board discussed the application and found it to be within substantial ordinance code conformance. Findings and Conditions of Approval were discussed. ON MOTION BY SPENCER AND SECOND BY KELLY, TENTATIVE PARCEL MAP NO. 80-551 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE; FINDINGS• 1. The proposed creation of two (2) lots from three existing parcels for purposes of residential 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 High Density Resi- dential was placed on subject property. Minutes: H.B. Board df Zoning Adjustments February 13, 1980 Page Eight 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 Department of Development Services on January 14, 1980 shall be the ap- proved layout. 2. A parcel map shall be filed with, and approved by, the Department of Public Works, and recorded with the Orange County Recorder. Said map shall reflect five (5) foot dedication of street right-of-way along Lynn Street. 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 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. 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. All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. 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 materials to provide detail recommendations regarding grading, chemical and fill properties foundations, retaining walls, streets, and utilities. Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Nine 10. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this develop- ment shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of Building Permits. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None SPECIAL EVENT NO. 80-2 Applicant: Huntington Valley Little League To permit the use of Lake Park and adjacent BB-Q area for a pancake breakfast for the supporter's of the Huntington Valley Little League on June 1, 1980 from 7 A.M. to 4 P.M. located at Lake Park. Mr. Harry Little, Vice President of the Huntington Valley Little League, was present to represent the application. The Board reviewed the proposal and found the applicaiton to be in substantial ordinance code conformance. Conditions of Approval were discussed. ON MOTION BY SPENCER AND SECOND BY KELLY, SPECIAL EVENT NO. 80-2 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received January 25, 1980 shall be the approved layout. 2. The applicant shall obtain all necessary electrical permits. 3. An on -site inspection by the Fire Department shall be required prior to event. 4. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Ten ADMINISTRATIVE REVIEW NO. 80-1 Applicant: Jorgen D. Hansen To permit a 31,200 sq. ft. industrial building located on the northeast corner of Palmdale Street and Cedar Street. This request is covered by Negative Declaration No. 79-6, approved February 21, 1979. Mr. Jogen D. Hansen was present to represent the application. Secretary Spencer introduced the application to the Board and stated that a conflict exists in relation to the alley activity and the location of the overhead doors which open on to the alley. The Board suggested that Mr. Hansen revise and resubmit to the Board plans reflecting the relocation of the buildings so that the access vehicles and the activity of the business are away from the alley. ON MOTION BY TINDALL AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 80-1 WAS CONTINUTED TO FEBRUARY 20, 1980, BY THE FOLLOWING VOTE: AYES: SPENCER, TINDALL, KELLY NOES: None ABSENT: None USE PERMIT NO. 80-1 Applicant: Econo Lube N' Tune To permit an Econo Lube N' Tune store and a retail tire store located on the northeast corner of Warner Avenue and "A" Street. This application is covered by Negative Declaration No. 80-1. Mr. Steve Park and Russ Perkins representing the application were present. Secretary Spencer stated that the request meets ordinance code requirements for the proposed use. The Board discussed the relocation of trash enclosures so as not to be opened onto the alley way. The circulation of vehicles moving in and out of the service bays was also discussed as was the improvement and dedication of both sides of the alley along Warner and "A" Streets. The public hearing was opened. Messrs. Park and Perkins outlined their proposal to the Board. There being no other parties present to speak on the application, the public hearing was closed. Secretary Spencer pointed out that the adjacent property owners had not been properly notified of this development, therefore, he recommended that the application be continued to February 27, 1980 to allow for proper renotification of adjacent property owners. ON MOTION BY TINDALL AND SECOND BY KELLY, USE PERMIT NO. 80-1 WAS CON- TINUED TO FEBRUARY 27, 1980 BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Eleven AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-2 Applicant: Econo Lube N' Tune To permit an Econo Lube N' Tune store and Muffler Crafters store located on the west side of Beach Boulevard, approximately 65 feet north of Adams Avenue. This request is covered by Negative Declaration No. 80-2 ON MOTION BY TINDALL AND SECOND BY SPENCER, THE BOARD, HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 80-2 WITH THE MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 80-2 GENERAL CONDITIONS NO. 5 THRU 7 BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Kelly NOES: None ABSENT: None The public hearing was opened. Mr. Steve Park and Russ Perkins were present to represent the application. A report was given by Secretary Spencer. Board Members expressed concern regarding the circuation easement to the north and south of the development; as there is not a recipocal easement agreement between the adjacent property owners being provided for future development. Additional concerns regarding the storage of inoperable vehicles and the addition of future structures were also discussed. Marthe Velastigue, an adjacent property owner, expressed concern over the grading of the property. She stated that the present level of grading is much higher than the existing adjacent neighborhood shopping center, and suggested that the applicant grade the property so to be level with the surrounding developed area. Mr. Steve Park stated that a 3 foot high retaining wall was planned on the site property line. There being no other parties present to speak on the application, the public hearing was closed. ON MOTION BY SPENCER AND SECOND BY TINDALL, USE PERMIT NO. 80-2 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Twelve 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 received January 29, 1980 and elevations received January 3, 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; Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. There shall be no outside storage of inoperable vehicles. 2. There shall be no other structures allowed other than those shown on the approved plot plan. Existing billboard sign to be removed. 3. At such time the adjacent parcels to the south and west are redeveloped, applicant or `successor, shall agree to a reciprocal driveway easement, if found to be necessary. It is understood that the cost of improving said reciprocal driveway shall be bufcTened by above mentioned adjacent properties. 4. Applicant shall comply with Cal Trans for all public improve- ments along Beach Boulevard. 5. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Thirteen 6. 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. 7. 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: Spencer, Kelly, Tindall NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-7 Applicant: Herbert Goldstein To permit the construction of a one story bedroom addition into the required open space, located on the west side of McKinley Lane, approximately 120 feet south of Rocky Mountain. The request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Mr. & Mrs. Goldstein were present to represent the application. Chairman Tindall introduced the application to the Board. The public hearing was opened. Mr. Goldstein addressed the Board stating that the addition will afford his family more living space and respectfully requested his application be approved. Ms, Carol Pfeifer addressed the Board and spoke in favor of the application. The public hearing was closed. Secretary Spencer stated that the request for encroachment into the open space would be minimal. The useable open space area exceeds the required square footage. He further stated that the granting of the Conditional Exception would not constitute a special privilege inconsistent with other properties in the area because a precedent had been established in granting this type of request. ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-7 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: - FINDINGS• 1. The granting of the Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, 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: Minutes: H.B. Board of Zoning Adjustments February 13, 1980 Page Fourteen 3. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a 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 and elevations received February 1, 1980, shall be the approved layout. REASONS FOR APPROVAL: 1. Subject property will be provided -with one area of approximately 600 sq. ft. with minimum dimension of 19 feet and a second area of approximately 615 sq. ft.; leaving a total usable open space exceeding 1,200 sq. ft. 2. Proposed one story bedroom addition is needed in order to provide standard of living necessary for the enjoyment of property owner. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None SPECIAL EVENT NO. 80-3 Applicant: Kym McQuown To permit a wedding on February 23, 1980 for approximately one hour. Subject property is located in Lake Park. The Board reviewed the proposal and found same to be within ordinance code conformance. ON MOTION BY TINDALL AND SECOND BY SPENCER, SPECIAL EVENT NO. 80-3 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Tindall, Spencer, Kelly NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 0010-0 gal rk= Chfirles P. Spencer, cretary Board of Zoning Adjustments