Loading...
HomeMy WebLinkAbout1981-02-18MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Hunt_.gton Beach, CA. WEDNESDAYr FEBRUARY 18, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Crosby, Kelly MINUTES: MINUTES OF THE REGULAR MEETINGS OF DECEMBER 31, 1980 AND FEBRUARY 11, 1981 WERE DEFERRED REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 81-7 Applicant: Cole Construction Company To permit a second floor of dwelling to encroach five (5) feet into front yard setback. This request is a Categorical Exemption Class 5, California Environmental Quality Act, 1970. Acting Chairman Crosby introduced the application to the Board. Secretary Spencer briefly outlined the application, noting that a portion of requested encroachment is basically an architectural projection, which is permissible by Code. It was noted that the proposed addition would have the same vertical line as existing garage. Chairman Crosby opened the public hearing. Mr. James Cole was present to represent the application. He submitted photographs and a signed affidavit from three homeowners in the immediate area with identical or similar additions who acknowledged approval of the request (3401 Sagamore, 3531 Sagamore and 3841 Sea Scape). Secretary Spencer stated that no conditional exception applications had been filed for the above mentioned homes. Further Board discussion ensued. Chairman Crosby closed the public hearing. It was the consensus of the Board that the impact would be minimal, and denial of the request would deny the property owner of similar privileges. ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-7 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 2 FINDINGS: 1. The granting of the Conditional Exception will not constitute grant of a special privilege inconsistent upon other ,.--operties in the vicinity and under an identical zone classification. 2. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. ,4 3. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. REASONS: The Board felt that permitting a second story addition over a side, entry garage existing at a ten (10) foot setback would have minimal visual impacts, as numerous structures existing in the vicinity have side entry garages at the ten (10) foot setback with high pitched roofs. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 27, 1981 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. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-3 (Continued from 2/11/81) Applicant: Ron Montgomery To permit a reduction in the side yard from 10' to 0' and reduce rear yard from 10' to 51�' located on the north side of Adams Avenue at 807 Adams. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 3 This request is a Categorical Exemption Class 5, California Environmental Quality Act, 1970 IN CONJUNCTION WITH: USE PERMIT NO. 81-1 (Continued from 2/11/81) Applicant: Ron Montgomery To permit a restaurant and cocktail lounge located on the north side of Adams Avenue at 807 Admas. This request is covered by Negative Declaration No. 81-1. 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. 81-1 WITH THE FOLLOWING MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 81-1 GENERAL CONDITIONS 5 THRU 9 IMPOSED ON USE PERMIT NO. 81-1 BY THE FOLLOWING VOTE: AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None Acting Chairman Crosby introduced the applications. Secretary Spencer outlined the proposal, stating that the requests had been continued in order for the applicant and Board Members to meet and discuss various problem areas. It was noted that the manager of the abutting apartment complex was not present. However, imput from the previous meeting was discussed. Mr. Ron Montgomery was present to represent the application. Chairman Crosby opened the public hearing. The Board expressed concern regarding the apartment dwelling in relation to the restaurant. Particularly, noise, maintenance and security to the area at the rear of the building. Secretary Spencer stated that conditions could be imposed such as pro- hibiting exiting, doors and windows along the west side of the building. He cited a similar use on Heil and Beach, which backs to a residenital area. Secretary Spencer noted that the applicant had withdrawin a request for a dance facility. Discussion regarding withdrawing the request for the rear yard encroachment was discussed. [ I MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 4 On -site parking was discussed. It was recommended that two (2) parking stalls be added parallel and nearest to Adams Avenue drive approach. Additionally, a reciprocal driveway agreement retween the property to the north was recommended. Further Board discussion followed. Chairman Crosby closed the public hearing. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-3 WAS APPROVED FOR THE FOLLOWING REASONS, WITH FINDINGS AND CONDITIONS OF APPROVAL AS NOTED HEREIN BY THE FOLLOWING VOTE: REASONS: As the applicant withdrew a portion of request (rear yard encroachment) the Board agreed that the normal side yard separation (setback) of ten (10) feet would serve no useful purpose and in fact may prove to be a detriment in that said area could turn into a large trash receptical and an area in which those with devious deeds in mind might lurk. It was also noted that property directly westerly and adjacent to subject property is developed as an apartment complex with a surfaced driveway against the common property line and carports located west of said driveway. 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. The granting of a Conditional Exception will not be materia-ly detrimental to the public welfare, or injurious to property in the same zone classification. 3. 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 revised conceptual plot plan and elevations received February 18, 1981 shall be the approved layout, subject to the modifications described herein: a. Applicant shall provide a plan showing a zero (0) side yard setback at the west side of the property. Rear yard setback shall remain at ten (10) feet. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 5 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 a 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. AYES: Spencer,' Kelly, Crosby NOESa None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, USE PERMIT NO. 81-1 WAS APPROVED BY THE FOLLOWING VOTE, WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS: 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 conceputal plan and elevations received February 18, 1981 shall be the approved layout, subject to the modifications described herein: MINUTES - H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 6 a. Applicant shall provide a revised plan showing the addition of two (2) parking stalls parallel to the Adams Avenue drive approach. b. Applicant shall submit plans reflecting a zero (0) side yard setback at the west side of the property. 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 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 equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. A reciprocal driveway agreement between subject property and property to the north shall be recorded and submitted to the Secretary of the Board of Zoning Adjustments prior to occupancy. 2. There shall be no openings (doors, windows, etc.) along the west side of the building. 3. Any proposed dance activity shall be purely incidential to the dining use. Also, there shall be no advertising or signange referring to dancing. MINUTES - H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 7 4. Proposed signange shall conform to Article 976 of the Huntington Beach Ordinance Code, with the stipulation that there shall be no reference to dancing. 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 spigots and water faucets. 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. If lighting is included in the parking lot, high pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 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 detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 81-554 Applicant: RMG Engineering, Inc. To permit the division of an existing parcel into two parcels Located on the south side of Engineer Drive, between Springdale Street and Transistor Lane This request is a Categorical Exemption Class 15, California Environ- mental Quality Act, 1970. Mr. Larry Clark and Mr. Bob Narring were present to represent the application. Mr. Clark acknowledged receipt of suggested conditions of approval. 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 CROSBY, TENTATIVE PARCEL MAP NO. 81-554 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS AND FINDINGS AS FOLLOWS: MINUTES - H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 8 FINDINGS: 1. The proposed division of lots into two parcels for the purposes of industrial uses is in compliance with the size anc, 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 M1-A zoning which allows for industrial buildings was placed upon the 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 complaince with the State Map Act and supplemental City Subidivision 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 30, 1981 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 Reorder. 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None SPECIAL EVENT NO. 81-1 Applicant: Amy'Harman To permit a church rummage sale on May 3, 1981 from 10:00 A.M. to 3:00 P.M. located at 7738 Edinger Avenue (parking lot). Secretary Spencer noted that similar functions had taken place at the subject site with no problems. The Board discussed conditions of approval: ON MOTION BY SPENCER AND SECOND BY CROSBY, SPECIAL EVENT NO. 81-1 WAS APPROVED BY THE FOLLOWING VOTE WITH CONDITIONS OF APPROVAL AS FOLLOWS: 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 9 CONDITIONS OF APPROVAL: 1. The plot plan received January 28, 1981 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 the event. 4. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Spener, Kelly, Crosby NOES: None ABSENT: None SPECIAL EVENT NO. 81-2 Applicant: Richard Penjoyan To permit a bar-b-que picnic July 26, 1981 from 6 A.M. to 6 P.M., located at Lake Park (west side of Lake Street between llth and 12th Streets) Board discussed conditions of approval. ON MOTION BY KELLY AND SECOND BY SPENCER, SPECIAL EVENT NO. 81-2 WAS APPROVED BY THE FOLLOWING VOTE WITH CONDITIONS OF APPROVAL AS FOLLOWS: CONDITIONS OF APPROVAL: 1. The plot plan received January 8, 1981 shall be the approved layout. 2. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Spencer, Kelly, Crosby NOES: None ABSENT: None REVIEW OF HOME OCCUPATION PERMIT Applicant: Charlie Brown & Sons Review of construction type business being conducted from the home, located at 1102 Pine Street. Secretary Spencer stated that a field inspection had revealed that some pallets, rocks, etc. were still in the back yard area. However, a one week continuance was recommended in order to allow Mr. Brown to be present. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 10 ON MOTION BY SPENCER AND SECOND BY KELLY ACTION REGARDING REVOCATION OF HOME OCCUPATION PERMIT WAS CONTINUED TO FEBRUARY 25, 1981. AYES: Kelly, Spencer, Crosby NOES: None ABSENT: None MISCELLANEOUS ITEMS: TENTATIVE PARCEL MAP NO. 79-567 (Revised) Applicant: RMG Engineering Revision of Tentative Parcel Map located on the south side of Slater Avenue, west of the centerline extension of Nichols Street. IN CONJUNCTION WITH: TENTATIVE PARCEL MAP NO. 80-560 Applicant: RMG Engineering Revision of Tentative Parcel Map located on the south side of Slater west of Nichols. The Board reviewed the revised tentative parcel map. Mr. John Mandrell was present to represent the application. The Board recommended amendments to Conditions of Approval imposed upon Tentative Tract 9921X. ON MOTION BY SPENCER AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 79-567 WAS APPROVED BY THE FOLLOWING VOTE WITH CONDITIONS OF APPROVAL AND FINDINGS AS FOLLOWS: FINDINGS: 1. The proposed subdivision is in substantial conformance with all applicable provisions of the Huntington Beach Ordinance Code. 2. The proposed subdivision complies with the City's General Plan of Land use designations for the subject property as General Industrial. CONDITIONS OF APPROVAL: (Revised) 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 February 17, 1981 shall be the approved layout with the amendments as noted therein: 1 [i 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 11 2. Applicant shall provide temporary easement of storm drain/ inlet drainage across Southern Pacific Railroad tract if map is recorded prior to October 1980. 3. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 4. Applicant shall make improvements and dedicate a portion of Griffin Street per Public Works standards prior to issuance of building permits. 5. Applicant shall install required sewer and storm drains per City of Huntington Beach Master'Plan of Sewers and Storm Drains to be approved by the Department of Public Works. 6. The sewer, water, and fire hydrant system shall be designed to City standards. These systems shall be installed and in operable condition prior to the occupancy of the first parcel of each phase. 7. The developer shall be responsible for all streets and utility improvements. 8. The water system shall be through the City of Huntington Beach water system. 9. Sewage disposal shall be through the City of Huntington Beach sewer system. 10. Prior to Phase II (TPM 80-560), or before any additional load is placed on the Crctbbe Lane lift station, a force main shall be installed by the applicant from the sewer lift static- on Crabbe Lane to the county sewer main on Slater and Nichols Street. 11. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of any parcels or parcel map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 12. All fire safety systems shall be installed by the developer as required by the Fire Department. 13. Full street improvements shall be constructed on each of the streets prior to occupancy of any parcel of land that abuts that street. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 12 14. Vehicular access rights shall be dedicated to the City of Huntington Beach along Slater Avenue on the north side of Lots 1 and 5. 15. A fifteen (15) foot storm drain easement shall be established along the south line of Lot 11 at the southwesterly corner of the subject tract. 16. 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. 17. If lighting is included in the parking lot, energy efficient lamps shall be used. All outside lighting shall be directed to prevent spillage onto adjacent properties. 18. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. 19. Prior to the approval of or issuance of grading permits, the proj developer shall provide written evidence that a qualified arch- eologist has been notified and invited or retained to be onsite during grading or other significant ground disturbing activities. The archaeolgist shall be present at a pregrading conference shall establish procedures for cultural and scientific resource surveillance, and shall establish in cooperation with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation of arti- facts or fossils as appropriate. If cultural/scientific features are found to be significant, appropriate action in cooperation with the project developer which ensures that the resources will not be destroyed during exploration or salvage. A time limitation of ten (10) days shall be placed on any work stoppage for the above purpose. 20. Environmental assessments shall be required for additional structures proposed on all development beyond Phase I. AYES: Spencer, Crosby, Kelly NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 80-560 WAS APPROVED AS REVISED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL AS FOLLOWS: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 13 FINDINGS: 1. The proposed division of approximately 13.2+ acres of M-1 zoned property for the purposes of light industry developmE..': 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 light industrial development which'allows for light industrial buildings was placed on the 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 State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL (Revised) A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The revised tentative parcel map received by the Department of Development Services on February 17, 1981 shall be the approved layout with the amendments as noted thereon: 2. A parcel map shall be recorded simultaniously or subseauently to Tentative Parcel Map No. 79-567. 3. A parcel map shall be filed with and approved by the Department of Public Works, and recorded with the Orange County Recorder. 4. Applicant shall make improvements and dedicate a portion of Griffin Street per Public Works standards prior to issuance of building permits. 5. Applicant shall install required sewer and storm drains per City of Huntington Beach Master Plan of Sewers and Storm Drains to be approved by the Department of Public Works. 6. The sewer, water and fire hydrant system shall be designed to City standards. These systems shall be installed and in operable condition prior to the occupancy of the first parcel of each phase. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 14 7. The developer shall be responsible for all street and utility improvements. 8. The water system shall be through the City of Hui.Angton Beach water system. 9. Sewage disposal shall be through the City of Huntington Beach sewer system. 10. A force main shall be installed by the applicant from the sewer lift station on Crabbe Lane to the County sewer main on Slater and Nichols Street. 11. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of any parcel or parcel map. This system shall be designed to provide for siltation and erosion control both during and after construction of the project. 12. All fire safety systems shall be installed by the developer as required by the Fire Department. 13. Full street improvements shall be constructed on each of the streets prior to occupancy of any parcel of land that abuts that street. 14. Vehicular access rights shall be dedicated to the City of Huntington Beach along Slater Avenue on the north side of Lots 1 and 5. 15. A fifteen (15) foot storm drain easement shall be established along the south line of Lot 11 at the southwesterly coi er of subject tract. 16. 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. 17. If lighting is included in the parking lot, energy efficient lamps shall be used. All outside lighting shall be directed to prevent spillage onto adjacent properties. 18. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 18, 1981 Page 15 19. Prior to the approval of or issuance of a grading permit, the project developer shall provide written evidence that a qualified archaeologist has been notified and invi-ted or retained to be onsite during grading or other significant around disturbing activities. The archaeologist shall be present at a pregrading conference, shall establish procedures for cultural and scientific resource surveillance, and shall establish in coop- eration with the project developer procedures for temporarily halting or redirecting work to permit the sampling, identification and evaluation,of artifacts or fossils as appropriate. If cultural/scientific features are found to be significant, the Director shall determine appropriate action in cooperation with the project developer which ensures that the resources will not be destroyed during exploration or salvage. A time limitation of ten (10) days shall be placed on any work stoppage for the above purpose. AYES: Spencer, Crosby, Kelly NOES: None NOES: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED r es P. Sp nce ecretary Board of Zoning Adjustments