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HomeMy WebLinkAbout1980-07-30MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, JULY 30, 1980 - 1:15 P.M. BOARD MEMBERS: Spencer, Crosby, Kelly MINUTES: ON MOTION BY SPENCER AND SECOND BY CROSBY, MINUTES OF THE REGULAR MEETINGS OF JUNE 18, 1980 AND JULY 16, 1980 WERE DEFERRED TO THE REGULAR MEETING OF AUGUST 6, 1980 AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None AGENDA ITEMS TO BE CONTINUED OR WITHDRAWN: REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 80-559 Applicant: ACO Development To permit the creation of four (4) separate commercial parcels located on the east side of Bolsa Chica Street, approximately 300 feet north of Warner Avenue. This request is covered by Negative Declaration No. 80-25 previously approved. Mr. Jack Finnegan was present to represent the application. Secretary Spencer outlined the application to the Board. The Board found the application to be within Ordinance Code conformance. Findings and Conditions of Approval were -discussed. ON MOTION BY SPENCER AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 80-559 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed creation of four (4) separate parcels for purposes of commercial use is in compliance with the size and shape of property necessary for that type of development. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page 2 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 commercial use which allows commercial buildings, was placed on subject property. 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 specifications 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 Develop- ment Services on -July 8, 1980 shall be the approved layout with amendments as noted thereon: 2. A parcel map shall be filed with, and approved by, the Department of Public Works, and recorded with the Orange County Recorder. 3. Compliance with all applicable City Ordinances. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. S. Vehicle access on Bolsa Chica Street shall be dedicated to the City of Huntington Beach, except for those portions specified by the Department of Public Works. 6. A reciprocal driveway and parking agreement shall be included in the Covenants, Conditions and Restrictions (CC & R's), and to be approved as to form and.content by the Attorney's office of the City of Huntington Beach. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-33 Applicant: Nina Zosa To permit a decorative steel gate to encroach three (3) feet into required front yard setback located on the south side of Humboldt Drive at Wayfarer Lane. This request is a categorical exemption Class S, California Environmen Quality Act, 1970. Minutes: H.B. BOARD OF ZONING ADJU6TMhN'1b July 30, 1980 Page 3 Secretary Spencer introduced the application to the Board. Chairman Crosby opened the public hearing.' Mrs. Nina Zosa was present to represent the application. She stated that she was seeking a minor encroachment to protect her children from possible injury. She sited three incidents of traffic accidents_ which occurred recently. She further stated that the gate would help alleviate vandalism. Chairman Crosby questioned the design of the proposed gate. Mrs. Zosa noted that the gate was ornamental and would not have any solid metal panels. Also, it would be automatic in order for quicker and easier access off the street. Secretary Spencer questioned the placement of the proposed gate in relation to the existing garage structure. He recommended that the - gate be located as close to the garage as possible,and still afford enough space for parked cars Board discussion followed. It was the consensus of the Board that the encroachment would not have a detrimental effect on the surrounding properties and that the addition of a gate would provide protection for the property. There being no other parties present to speak on the appli- cation, Chairman Crosby closed the public hearing. ON MOTION BY KELLY AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80-33 WAS APPROVED UPON THE FOLLOWING FINDINGS, REASONS AND CONDITIONS OF APPROVAL BY 'THE. FOLLOWING VOTE: F'INDINGS: 1. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Z. Because of special circumstances due to relationship and placement of existing structure on the property, strict application of the zoning ordinance was found to deprive subject property of privacy enjoyed by other properties in the vicinity. 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 detri- mental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 3Q, 1980 Page REASONS: 1. Placement of existing structure in relation to a heavily travelled controlled intersection, has placed the applicant's personal property in jeopardy and the placement of security gate would not only provide protection for the property, but would also accomodate adequate areas for ungaraged vehicles: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received July 9, 1980 shall be the approved layout, subject to the modifications described herein: a. Proposed gate to be of an open decorative iron design and have no solid panels. Applicant shall submit plan reflecting design and material prior to issuance of building permits. b. Setback of proposed gate is to be placed as close to existing garage structure as possible, but in no case encroach more than two and one-half (21-,) feet into the requirbd front yard setback. 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. 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. B. GENERAL CONDITIONS: 1. Subject gate shall be equipped with an automatic door opening device. AYES: Kelly, Crosby, Spencer NOES: None ABSENT: None Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page '-� TENTATIVE PARCEL MAP NO. 80-557 Applicant: Thomas A. Blake To permit the consolidation of parcels into 3 legal lots located on the cast side of Sims Street, approximately 1,175 feet south of Warner Avenue. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer outlined the proposal to the Board. Mr. Paul Calvo was present to represent the application. Secretary Spencer stated that the proposal was within substantial conformancz with the Huntington Beach Ordinance Code. Findings and Conditions of Approval were discussed by the Board. ON MOTION BY CROSBY AND SECOND BY SPENCER, TENTATIVE PARCEL MAP NO.-80-557 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed consolidation of parcels into 3 legal lots for the 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 residential development which allows for residential buildings, was placed on subject property. 4. The size, depth, frontage, street width, and other design and improve- ment features of the proposed subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental 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 July 2S, 1980 shall be the approved layout with amendments as noted thereon: Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page (.� 2. A parcel map shall be filed with, and approved by, the Depart- ment of Public Works, and recorded with the Orange County Record 3. Sims Street shall be dedicated to City standards at the time sai parcels are developed. 4. Compliance with all applicable City Ordinances. S. A copy of the recorded parcel map shall be filed with the Depart- ment of Development Services. 6. Applicant shall dedicate to the City of Huntington Beach five (5) feet of parcels one (1) and three (3). 7. Blue border shall be moved to center of Sims Street. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-22 Applicant: Eric F. Mossman 'to permit the construction of a 10 unit, 2 story apartment building with 10 enclosed garages located on the north side of Warner, approximat 202 feet east of Algonquin Street. This request is covered by Negative Declaration No. 80-34. 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. 80-34 WITH THE MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 80-22 GENERAL CONDITIONS B-2 THROUGH B-9 IMPOSED ON THE USE PERMIT APPLICATION, BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Crosby NOES: None ABSENT: None The Board reviewed the application. Chairman Crosby opened the public hearing. Mr. Richard Packer was present to represent the application. Chairman Crosby noted that the Department of Public Works, Engineering Division had studied the cul-de-sacing and vehicle access on Warner -Way. The Board discussed the location of trash sites in relation to the structure. After reviewing the proposal with 'the applicant, the Board found the application to be in compliance with the Huntington Beach Ordinance Code subject to Findings and Conditions of Approval. Chairman Crosby closed the public hearing as there were no other parties present to speak. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page 7 ON MOTION BY SPENCER.AND SECOND BY KELLY USE PERMIT NO. 80-22 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL 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 conceptual plot plan and elevations received May 8, 1980 shall be the approved layout,subject to the modifications described herein: a. A plan depicting trash areas shall be submitted, to be in compliance with Huntington Beach Ordinance Code. 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. 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 plan 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. GENERAL CONDITIONS: 1. Cul-de-sacing and street improvements on Warner Way shall be made in compliance with the Department of Public Works. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page r 2. Natural gas and 220V electrical shall be stubbed in at the loca n of clothes dryers 3. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 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. Low volume heads shall be used on all indoor spigots. 6. 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. 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" ont adjacent properties. 8. A detailed soils analysis shall be prepared by a registered soi engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 9. An engineering geologist shall be engaged to submit a report in- dicating the ground surface acceleration from earth movement for the subject property. All structures within this development 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, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-32 Applicant: Larry Faith To permit a reduction of two -hundred and forty (240) sq. ft. in the requi d open space, five (5) ft. reduction in the required open space minimum dimension, and a reduction of six (6) feet in the rear yard setback loc d on the east side of Crest Avenue and within the 10th Street and Crest Avenue intersection. Lot 6, Block 810, Wesley Park Tract. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 1 Page 9 This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Mr. Larry Faith, the applicant was present to represent the application. Secretary Spencer outlined the proposal to the Board stating that the subject site was the only remaining,twentyfive (25 ft) foot lot not developed in the area. He further stated that the lot is small and irregular in shape and a structure built to the townlot area specifications for single family homes would be more suitable for that area. Chairman Crosby opened the public hearing. There being no parties present the public hearing was closed. ON MOTION BY CROSBY AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80-32 WAS APPROVED WITH THE FOLLOWING FINDINGS, REASONS 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 vicinity and under an identical zone classification. 2. Because of special circumstances due to size •(2350+ sq. -ft.), the strict application of the R-1 development standards, which are primarily designed to accommodate 5,000 sq. ft. or larger parcels, is found to deprive subject property of privileges enjoyed by other properties in the vicinity. 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 detri- mental to the public welfare, or injurious to property in the same zone classifications. S. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASONS: 1. The proposed structure including setbacks and open space requirements would coincide with development standards designed for small twentyfive (25) foot lots located within the townlot specific plan area one, one (1) block removed from the subject parcel. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS. Minutes': H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page /D 1. The conceptual plot plan and elevations received July 9, 1980 shall be the approved layout, subject to the modification descri d herein: a. All development standards of Article 935, Townlot Specific Plan area one, are to be complied with. AYES: Spencer, Crosby; Kelly NOES: None - ABSENT: None ADMINISTRATIVE REVIEW NO. 74-224 Applicant: Wells Fargo Bank A request to change the use of building from restaurant to bank facility located in the Seacliff Shopping Center at the corner of Yorktown and Main Streets. Fire Representative Kelly expressed.concern regarding the stacking of vehicles at the drive-thru on the primary drive off Main Street. Chairman Crosby recommended that the applicant submit a letter in regard to the on site circulation to be submitted to the Department of Public Works no later that August 6, 1980. The Board reminded the,applicant that the Conditions of Approval previo approved are still in effect and are to be complied with. ON MOTION BY SPENCER AND SECOND BY KELLY ADMINISTRATIVE REVIEW NO. 74-224 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 revised conceptual plot plan and elevations received July 7, 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; 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. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS July 30, 1980 Page // B. GENERAL CONDITIONS: 1. Applicant shall comply with all Conditions of Approval as previously approved. 2. Applicant shall submit to the Department of Public Works on or before August 6, 1980, a letter regarding on -site circulation, particularly in relation to stacking (cc: Ralph Leyva/Bruce Crosby) AYESi:• Spencer, Crosby, Kelly NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. Spence Secretary oard of Zoning djustments .