HomeMy WebLinkAbout1980-06-18Ir�
1
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8, Civic Center
2000 Main Street
Huntington Beach, CA.
WEDNESDAY, JUNE 18, 1980 - 1:15 P.M.
BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly
MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, THE MINUTES OF
JUNE 4, 1980 WERE APPROVED BY THE FOLLOWING VOTE:
AYES: Spencer, Tindall
NOES: None
ABSTAIN: Kelly
AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN:
REGULAR AGENDA ITEMS:
ADMINISTRATIVE REVIEW NO. 80-20
Applicant: Melvin Mermelstein
To permit the construction of a 2,200 sq. ft. additional office and
storage area located on the south side of Cedar at Palmdale.
This request is a categorical exemption Class 1, California Environmental
Quality Act, 1970.
Chairman Tindall introduced the application to the Board. Secretary
Spencer briefly outlined,the proposal, stating that the application had
been continued to allow the applicant to be present.
Secretary Spencer explained that the facility had previously been approved
in 1971 (Administrative Review No. 71-54), which included watchman's
quarters. He further stated that the several Conditions of Approval
had not been met by,. the applicant (street and alley improvements).
Mr. Mermelstein was present to represent the application. He stated
that the addition would be used for office space.
The Board expressed concern regarding the layout of the addition. Fire
Representative Kelly commented tYat the plan seemed to reflect a two bed-
room rental apartment which would be an illegal use. He further Stated thgt the
Fire Department annually' reviews this particular type of development in
order to alleviate illegal rental units.
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 2
Mr. Mermelstein stated-.that-the.additi-on-,would .-only--b-d�-l'used-*for office
space and was not intended as an apartment.
Secretary Spencer noted the Conditions of Approval which were imposed
on Adminidtrative Review. No..,71-54, would apply to 'the current.
Administrative Review being proposed.
ON MOTION.BY"SPENCER AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 80-20
WAS APPROVED BY THE FOLLOWING VOTE WITH THE FOLLOWING CONDITIONS OF
APPROVAL.
CONDITIONS' --.OF. APPROVAL:
A. _-TO-Ba"COMPLETED-TRIOR TO ISSUANCE OF BUILDING PERMITS:
I.- _,_The,,,conceptual ' -plot,plan-and.-.elevations-.received May 13, 1980
-shall -be the .approved layout.
In ,its-,-approval;,action,.the-Board of, -ZoningAdjuqtments. -considered the
fol-lowing-issues -relating to,Ahe conceptual, -:plan:.
Traffic circulation and drives;
Parking ---.layout;:
- -Lot.-area;
- Lot width -,and lot -depth;,,,
- Type of use.and,its relation to�property_,,andimprovements in-the-
immediate-vicinitya-,_
Past administrative action -regarding ,thi-s property.
2.;- ! -,The - following plans- - shall. -be -submitted.. to- the:, -Secretary of
the. B oard:
a. .plan � complying - -with Article,97-9
-Landscape arfdjrriqation,�-
of ;.the :_Huntington,. Beach ,Ordinance Code, and ,--.landscaping
ica -..-,-l-ic-works.
specifications file Department-of�Pub
b. Rooftop mechanical equipment screeing plan. Said plan
shall:. -indicat6.screening 0-f .,-all- -rooftop -mechahicaI. equip- -6 type :_of: material -proposed: to
--ment'and.-,shall,,del'ineate th
-screen said equipment.
B. GENERAL CONDITIONS
1.. ,--Applicant-shall make improvements and dedicate portion of Cedar
,-_Strdet,,and alley way per Department of Public Works standards prior
-to ,issuance of Certificate of Occupancy.
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 3
2. Cedar Street shall be dedicated and fully improved to City
standards at the time said parcel is developed. Improvements
shall include street trees, street signs, street lights, fire
hydrants, sewer and water main extensions.
3. Water supply shall be through the City of Huntington Beach's
water system.
4. The water, sewer and fire hydrant system shall be approved by
the Department of Public Works and Fire Department.
5. Sewage disposal shall be through the City of Huntington Beach's
sewage system.
6. The property shall participate in the local drainage assessment
district.
7. Off -Street parking facilities shall conform to Article 979.
8. No structures, other than those shown on the approved plot plan
shall be constructed within the project.
9. A landscaping plan shall be submitted to the Board of Zoning
Adjustments for approval pursuant to the modified street section
approved by the Department of Public Works.
AYES: Spencer, Kelly, Tindall
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 80-23
Applicant: William Sampson
To permit a reduction in the required open space dimension of twenty-
five (25') feet to twentytwo (22') feet located on the west side of Shaw
Lane, approximately 160 feet west of Stillwell.
Mrs. William Sampson was present to represent the application.
Chairman Tindall introduced the application to the Board. The
public hearing Was opened.
Secretary Spencer briefly outlined the request. He stated that the appli-
cation was in compliance with the ordinance code except for the reduction
in•open space dimensions.
Tnere being no other parties present to=speak, Chairman. -Tindall closed
the public hearing.
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 4
ON MOTION BY SPENCER AND SECOND BY TINDALL, CONDITIONAL EXCEPTION
NO. 80-23 WAS:AP.P.ROVED'.WTTR,THE:FOLLOWING`REASONSi- F"INDINGS AND ,
CONDITIONS OF APPROVAL 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 stric-t,application of the, -zoning ordinance is found to deprive the
--subject -property- of 'privileges :enjoyed by other properties in the
vi�cii�ity,and under, identical zone ,classification.
3,,, T,he<"_grantinggf a Conditional Exception will not be materially
detrimental' to• the .publi:c --wel'fare;-`-,or; °injurious -'-to property -in the
same zone 'classification.
4.``'T4e granting of a Co-n'ditional 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 Huritiniton Beach.
REASONS;
1.,.,Subjegt..property-will be. -provided with one area of approximately 640
sq._ft: having ,the„required-minimum dimension of 25 feet and a second
area =of appr'oxima-tel�y'=-7b4 "sq.- ft. with minimum dimension of 22 feet _ -
leaving. a_•total usable•.open space ,exceeding 1,,400 •sq. ft. `
2.� The -proposed one-story bedroom addition is needed in, order to provide
a standard;of living _necessary for -the ,enjoyment, of the property owner.
CONDITIONS --OF APPROVAL:
A. r TO' BE, COMPLETED -PRIOR -TO, ISSUANCE: -OF `BUILDING- PERMITS:
- i.'•``The,conceptual plot--plan`and'-elevations-received May 29, 1980
shall be the approved layout. _
In its-approval.,.acton, the Board of. Zoning Adjustments considered the
following; is§iies' relating- io',•the-conceptuaT- plan:
- Traffic circulation and drives;
-..Parking , layout;
- Lot •area; -
- Lot widtii''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, Xe,lly
NOES-: None. _
ABSENT: None
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 5
CONDITIONAL EXCEPTION NO. 80-24
Applicant: Harold V. Bragg
To permit a zero rear and side yard in lieu of ten (101) feet, a
building height of twentyseven (27') feet in lieu*of twenty (20') feet.
Lot size less than 1/2 acre. Subject property is located on the north
side of Aldrich, approximately 175 feet west of Beach Boulevard.
This request is a categorical exemption Class 5, California Environmental
Quality Act, 1970.
Chairman Tindall introduced the application to the Board. Secretary
Spencer briefly outlined the request, noting that certain C-2 uses
are allowed within C-1 zone classifications
Secretary Spencer stated that a more intense use such as a automotive
repair shop is also allowed within the zoning area.
Chariman Tindall opened the public hearing. Mr. Harold Bragg was present
to represent the application.
Mr. Bragg stated that an office/professional building would be more
compatible with the adjacent uses which consists of a pre-school and
a bank.
Secretary Spencer noted that the Planning Commission had instructed the staff
of Development Services to amend the code to allow for office/professional
buildings in a C-1 zone without a public hearing. He stated that Mr.
Mr. Higley, representing the United California Bank was present to -request
the application be continued in order to allow further investigation by
the bank as to the effect the proposed development would have on the bank.
He stated that he had received the notice of public hearing a few days
prior to the meeting, which did not allow adequate time to research
various aspects regarding the type of development proposed.
Mr. Didr Camilleri was present representing the adjacent pre-school.
He stated that the proposed building would block necessary sun -light
and visability.
Mr. Bragg stated that he had owned the property for approximately 20
years and that as the pre-school was granted a variance to operate in
the zone, the proposed development was more compatible with the area
than the pre-school. He further stated that.a office/professional
complex was more realistic than a high volume traffic generator such
as a automotive shop.
The Board discussed the possibility of reversing the building so as to
allow the pre-school more light and visability.
Mr. Bragg stated that he would prefer to.build as submitted plans reflect.
Minutes:. H.B_ BOARD -,OF ZONING, ADJUSTMENTS`
June- 18t,. 1980',
Page &
He stated',- h&.would.contact his architect ito' di9duss r.the-possibility
of reversing.
There being 'no ,-other parties --present ,-toil-speak,-the.public hearing was
closed.
ON MOTIONBY!SPENCER.AND SECOND'BY KELLY CONDITIONAL EXCEPTION NO.
80-24 WAS APPROVED WITH THE FOLLOWING FINDINGS, REASONS AND CONDITIONS
OF APPROVAL,.
FINDINGS:
1. It is,,f_fo_und.,-_that-_,the granting of a conditional exception will not
constitute a granting of a special privilege inconsistent upon
other', properties, in,,.the ;.vicin#y; .and , under ",an., identical- -,- zone
c 1 a s s1 f i C A.tlo n.
2. Because -of ';the. size ,and: lad ation j> the- --stric.t.,,applicatiory ,of --,-the
zoning ordinance is found to deprive the subject property of
privileges <enjoyed byrother_-,,pxoperties-,in,, the -_vi_cinity:'-.--.
3. The granting of a conditional exception is necessary to preserve
the 6njoyment, of.: one --or .-more substantial property:_nights4 :.
as; , _ _,. r . af,
4. The granting, 61 a., corid:%itIonaltexceptlon. i-wil1;! not be materially
detrimental to the public welfare or -injurious to property in
-the same izone classification.
5,.�_:That the -granting of a conditional exception will not adversely
,affect the General Plan.
REASONS:,.f-.-'
1%,,A-:042. zon-ec_':a,1-1dws-. genekal.-o4 - EL�ce,/-px��fessional,,-:'tises:-c-subjedt,--to,- all
P3�6,,Hs ions-tof -,-,the.. C.--�I -��zane '-'which �:Umits:,,,among. zother :,restrictions;
;-.ct.heigbt--t-o-,t:weht y 2 (20)_r :-feet i�s
Zi _PrbVdtty., is-.-Aocated---on),-,:a-.,Iocal.-,-. r
would not be conducive to typical retail/commercial uses and would
gr,oVe±_1y ---house: office/profes-sional. usea,.-,,
3. The Planning Commission at there June 17, 1980 meeting instructed
-, the ,,Development-,,Se3fVices-.,staff: to, r__prepare ,,a code ,--amendment ,which
�woul-d�ekpand-,,,up'on-,,,&llowable',uses-,,I:n,•-th-e, C-2,,zone_,.,:!_,.,
I
1,
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 7
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received January
15, 1980 shall be the approved layout, subject to the modification
described herein:
a. A revised plan shall be submitted to reflect re -orientation/
reversal of the proposed structure on site, prior to issuance
of building permits.
A plan delineating said modification shall be submitted to the
Secretary of the Board. If such plan complies with the modification
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 of all rooftop mechanical equip-
ment and shall delineate the type of material proposed to
screen said equipment.
B. GENERAL CONDITIONS:
1. Open stairway shall be located to the east of proposed building
.in order to help mitigate noise and visual closeness to adjacent
pre-school._ _
C. DISCUSSION ITEMS/STATEMENTS:
1. "In order to mitigate visual intrusion and.to afford maximum
natural lighting for the existing pre-school classrooms, located to
the'east'of subject project, the Board felt that the proposed
office/professional building should be reversed.
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June-18, 1980
Page 8
AYES: Spencer, Kelly, Tindall
NOES-. None , . _
ABSENT: None
ADMINISTRATIVE REVIEW NO. 80-2
Applicant: Harold V. Bragg
To permit,the,construction,of a',A,495 sq.' ft.-two story ,office"building
located on the north side'of Aldrich, approximate'ly-175'feet west of
Beach Boulevard.
This request is covered by Negative Declaration No. 80-9 previously
approved.,,
Chairman Tindall_ introduced the application to the Board. Secretary
Spencer stated that the application was-in'conjunction with Conditional
Exception No. 80-24.
Chairman Tindall',expressed.-concernregarding the size and location of
driveway' approaches especially the Aldrich'Street'approach. He suggested
moving the driveway approach to the,west.
Parking stall and'handicapped parking spaces were discussed. Secretary
Spencer noted that the parking spaces located at,the end of the parking
rows `'should be" enlarged and Handicapped ' paz'kiiig stalls `'be ' located to the
front' o'f'the buiiding''to,allaw' for'' easier access.`'
ON MOTION BY SPENCER AND SECOND BY TINDALL ADMINISTRATIVE REVIEW NO. 80-
WA8'APPROVED'WITH THE FOLLOWING cONDITIONS' OF APPROVAL'BY'THE'FOLLOWING
VOTE
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS.
1'. The' conceptual' plot 'plan' and f elevations ' received' -January 15, 1980
shali''be ''the' approved layout`, subject to' the ''Modification described
s , herein
a.' Applicant 'shall'subm t revised'plans'reflecting size and
location of driveway approaches, particularly on Aldrich
Prigk'to",issuance'`of building permits._
A'plan`delineating said modification shall be submitted to the
Secretary of the Board.. If such plan,complies with the modification
outlined'by the` Board', said plan -shall be' approved' and made -a
permanent` part' of the administr'at Ve' file:
In'its`approval`'action'; the�Board of` Zoning'Adjustments'considered the
follow'ing`issues relating to"the conceptual' plan:
[1
Minutes: H.B. BOARD OF ZONING ADJUSTMENTS
June 18, 1980
Page 9
- 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 mehcanical 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. Applicant shall adhere to all on -site parking requirements
as stated in Section 979 of the Huntington Beach Ordinance
Code.
C. DISCUSSION ITEMS/STATEMENTS:
1. "In order to mitigate visual intrusion and to afford
maximum natural lighting for the existing pre-school class-
rooms, located to the east of subject property, the Board
felt that the proposed office/professional building should
be reversed.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None.
THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED
Ch rles P. SperTcer, Aecreta
Board of Zoning Ad ustments