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HomeMy WebLinkAbout1980-10-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, OCTOBER 1, 1980 - 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Kelly MINUTES: The Minutes of the Regular Meetings of August 20, 1980 and September 17, 1980 were Deferred. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 80-31 Applicant: Foodmaker, Inc. To permit a reduction in the required parking and encroachment into front yard setback and sight angle requirements. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer briefly outlined the application. He stated that the encroachment into the sight angle no longer existed as the applicant had redesigned the dining area to conform to the sight angle requirement. He noted that the applicant was requesting a seven (7) foot encroachment into the required twentyfive (25) foot front yard setback as well as a reduction in the parking requirement. Chairman Tindall opened the public hearing. Mr. Lyle Gustaveson was present to represent the application. Secretary Spencer stated a letter in opposition had been received by the Department of Development Services from the Town and County shopping center located across from the subject site, stating the employees of Jack -In -The - Box had been parking in their lot. Concern was expressed that with the expansion of the business, parking would become more of a problem at the shopping center. Secretary Spencer stated that the location was deficient by two (2) parking spaces of the required twentytwo (22). Mr. Gustaveson stated that he was not aware of an employee parking problem, and would look into the situation. Chairman Tindall suggested the applicant contact the adjacent car wash for dditional employee parking, also to inform the employees not to park in he Town and Country parking lot. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 2 The Board discussed drive-thru stacking, signage Tindall closed the public hearing as there were to speak. 0 and lot depth. Chairman no other parties present ON MOTION BY SPENCER AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 80-31 WAS APPROVED WITH THE FOLLOWING FINDINGS, REASONS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: REASONS FOR APPROVAL: 1. Due to shallow depth of subject property coupled with district setback regulations, necessary expansion to a lucrative commercial business would be prohibited. Proposed encroachment into the front setback would be minimal and not encroach into sight angle requirements, therefore, pre- serving adjacent business properties exposure. 2. Proposed parking would be sufficient to accomodate both dining customers and employees. Requested reduction of approximately two (2) parking spaces could be accomodated within the waiting lane of facilites drive- thru portion and thereby not have an adverse impact on either off -site or on -site vehicular circulation. FINDINGS: 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. 2. Because of special circumsantces applicable to the subject property, in- cluding 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 classifications. 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. 0 Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 3 0 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received September 20, 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 B. GENERAL CONDITIONS: 1. Applicant shall remove existing signage, including free standing sign. New signage shall meet requirements of Art-cle 976 of the Huntington Beach Ordinance Code. 2. Applicant shall provide employee parking on -site or make adequate arrangements. 3. Applicant shall dedicate and make public improvements to those portions of Ellis Avenue and Beach Boulevard specified by the Department of Public Works prior to issuance of occupancy permits. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-49 (Continued from 9/24/80) Applicant: A.W. Chapman To permit a five (5) foot encroachment into front yard setback located on the north side of Pearce, approximately 50 feet east of Lynn Street. This request is a categorical exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer briefly described the application noting that the proposal is -for a single family residence. A duplex is located to the east and an apartment building is located to the west of the subject site. Ia It was noted that the Board had field inspected the subject site. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 4 Chairman Tindall opened the public hearing. to represent the application. If Mr. A.W. Chapman was present Mr. Chapman stated that if the building were built with the required fifteen (15) foot setback, the surrounding two story buildings would block vision and also be difficult to build on, as the lot is small, being seventyfive (75) feet wide and fortynine (49) feet deep. Further discussion ensued. Chairman Tindall closed the public hearing. It was the consensus of the Board to approve the request due to the small lot configuration. ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80-49 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS AND CONDITIONS OF APPROVAL. REASON FOR APPROVAL: 1. Due to the depth of the parcel, the proposed five foot encroachment into the front yard setback would not have an adverse affect on the adjacent property. FINDINGS: 1. The granting of the Conditional Exception is found not to constitu10 a grant of a special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 2. 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 classifications. 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 classifications. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. rmmnTTTnmq OF APPRnVAL! A. TO BE COMPLETED PRIOR TO ISSUANCE. OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 27, 198 shall be the approved layout. • Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 5 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. Applicant shall submit a letter to the Secretary of the Board of Zoning Adjustments that the approval is for a single family dwelling and shall not be used for multiple dwelling purposes, or be altered in the future so that it may be used as a multiple dwelling. In the event of the selling of the subject property, the purchasers shall be informed of the Condition. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None • USE PERMIT NO. 80-31 (Continued from 9/24/80) Applicant: Howard F. Thompson $ Associates To permit commercial uses within the C4 zone located on the southwest corner of Bolsa Avenue and Springdale Street. This application was previously assessed under Negative Declaration No. 80-54. Secretary Spencer briefly explained the application, noting that the application had been continued in order to allow the Fire Department time to further research drive approaches, fire access, review of Building A, etc. Chairman Tindall opened the public hearing. Mr. Howard Thompson was present to represent the application. Fire Representative Kelly stated that he had met with the applicant to discuss the stacking space for the drive -up window of the bank facility, drive widths and circulation. He further stated that the applicant had adequately modified the plan to satisfy Fire Department specifications. Further discussion ensued. The Board discussed Conditions of Approval orith the applicant. Chairman Tindall closed the public hearing. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 6 u ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 80-31 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 Master 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 received October 1, 1980 shall be • the approved layout subject to the modifications described herein: a. Driveway approach.widths to be approved by the Department of Public Works b. Building "C" shall comply with both setback and sight angle requirements. 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 admini- strative 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. • r Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 • Page 7 B. GENERAL CONDITIONS: 1. Median island on Bolsa Avenue shall be constructed and/or modified to the Department of Public Works standards. 2. Applicant shall provide street improvements and traffic control signal on Able Street per Department of Public Works standards. 3. A condominium map shall be submitted for review and approval to the Secretary of the Board prior to issuance of occupancy permits. 4. Prior to the issuance of building permits for building "A" (lot 1-a) applicant shall submit to the Secretary of the Board of Zoning Adjust- ments a revised plan reflecting circulation and position of the drive- thru window. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None •TENTATIVE PARCEL MAP NO. 80-570 Applicant: Stewart Development To permit an industrial condominium project on Lot 8 of Tract 7534 located on the south side of Heil, approximately 330 feet from centerline of Gothard to northeast corner. This request is a categorical exemption Class 15, California Environmental Quality Act, 1970. Mr. Chris Toland was present to represent the application. Secretary Spencer introduced the application -to the Board. The Board discussed air space and condominium map recordation. ON MOTION BY SPENCER AND SECOND BY KELLY, TENTATIVE PARCEL MAP NO. 80-570 WAS APPROVED BY THE. FOLLOWING VOTE WITH THE FOLLOWING CONDITIONS. CONDITIONS OF APPROVAL: A. TO [iE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Develop- ment Services on September 9, 1980 shall be the approved layout. 2. A parcel map shall be filed with, and approved by the Department • of Public Works and recorded with the Orange County Recorder. 3. Applicant shall adhere to all applicable Conditions of Tract 7534. 4. A copy of the recorded condominium map shall be submitted to the Secretary of the Board. Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 8 • 5. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 80-57 Applicant: F.W. Development, Inc. To permit a model home complex and sales office located on the east side of Lake Street approximately 562+ feet north of Indanapolis (822,924,826 Lake Street). Secretary Spencer introduced the application to the Board. It was noted that street improvements have already been completed. Bonding for model homes was also discussed. ON MOTION BY SPENCER AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 80-57 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 conceptual plot plan received September 24, 1980 shall be the approved layout. B. GENERAL CONDITIONS: 1. Applicant shall conform to all requirements of Section 9730.8 of the Huntington Beach Ordinance Code pertaining to bonding of model home sites. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 80-48 Applicant: Sid Crossley }reconsideration of Condition B-2 of Administrative Review No. 80-48. Mr. Crossly had submitted a letter regarding the reciprocal drive to the north for the most westerly drive parallel with Bolsa Chica. Mr. Crossley expressed his concern regarding poor circulation if a reciprocal drive between the proposed bank facility and the subject project. Tt was the consensus of the Board of approve Mr. Crossley's-request for reconsideration of Condition B-2 of Administrative Review No. 80-48. ON MOTION BY TINDALL AND SECOND BY KELLY, THE BOARD APPROVED RECONSIDERATION OF CONDITION B-2 OF ADMINISTRATIVE REVIEW NO. 89-48. r Minutes: H.B. BOARD OF ZONING ADJUSTMENTS October 1, 1980 Page 9 • CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received on August 11, 1980 shall be the approved layout, subject to the modification described herein: a. Condition B-2 of Administrative Review No. 80-48 shall be deleted. b. All other Conditions of Approval of Administrative Review No. 80-48 shall remain applicable. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None • THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. CLhiffles Y. Spencer, cretary Board of Zoning Ad ustments 40