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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WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall NOES: None ABSTAIN: Kelly AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 80-20 Applicant: Melvin Mermelstein To permit the construction of a 2,200 sq.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