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HomeMy WebLinkAbout1981-02-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, FEBRUARY 25, 1981 - 1:15 P.M. BOARD MEMBERS: Lipps, Tindall, Kelly MINUTES: MINUTES OF THE REGULAR MEETINGS OF DECEMBER 31, 1980, FEBRUARY 4, FEBRUARY 11, AND FEBRUARY 19, 1981 WERE DEFERRED REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 81-8 Applicant: Pacific Vacation Vehicles To permit a five (5) foot fence at 0' front property line within fifty (50) feet of front setback and sight angle. Subject property is located on the west side of Beach Boulevard between Heil and Chrysler Circle (16555 Beach Boulevard) This request is a Categorical Exemption Class 5, California Environmental Quality Act. Chairman Tindall introduced the application to the Board. Secretary Lipps briefly outlined the application, stating that the applicant was requesting a fence of approximately 60 inches high, eighteen (18) inches higher than allowed by Code. He noted that the Board had not previously granted a request of this type. Chairman Tindall opened the public hearing. Mr. Ray Soto was present to represent the application. He stated that the addition of the fencing would discourage theft, damage to cars on display and would prohibit children leaving school to come onto lot. Further, the fencing is decorative in design and would not detract from the appearance of the area (wrought iron design). Chairman Tindall questioned the applicant regarding the type of gates to be located at the entrance. Mr. Soto stated that the gates would be security type gates on rollers. Mr. Soto submitted photos of sites in Midway City where such security fences are located. Mr. Soto stated that the cost of security is escalating due to the constant pilfering during evening hours. Fire Representative Kelly noted that the request did not constitute a hardship, as other recourses were available. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 2 Secretary Lipps stated that the request was not compatible with highway zoning, therefore setting a precedent. He recommended that the applican meet with other dealerships in the area and collectively approach the City Council to revise the Code to allow for this type of security fencing. There being no othet persons present to speak on the request, Chairman Tindall closed the public hearing. Further Board discussion followed. ON MOTION BY LIPPS AND SECOND BY KELLY, THE BOARD DENIED CONDITIONAL EXCEPTION NO. 81-8 BY THE FOLLOWING VOTE, WITH REASONS AS FOLLOWS: REASON FOR DENIAL: There is not sufficient hardship demonstrated to justify approval of this proposal. Approval of this exception would be a grant of special privileges inconsistent upon other similar uses in the area and would set an undesirable precedent. In addition, granting of this exception would create a hazardous traffic problem as well as fire protection difficulties. AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-9 Applicant: Thomas L. Jacobs To permit a two foot encroachment into required main access and a nineteen (19.) foot front yard setback to allow access to a front on garage located at 207 Alabama Street. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 81-11 Applicant: Thomas L. Jacobs To permit a two (2) foot encroachment into required main access at 209 Alabama Street. This request is a Categorical Exemption Class 5, California Environmental Quality Act, 1970. 1 Mr. Thom Jacobs was present to represent the application. Secretary Lipps briefly outlined the application. Chairman Tindall opened the public hearing. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 3 Secretary Lipps noted that approval had been granted to other properties in the same vicinity. Further, the subject location does not have alley access, which is restrictive to the applicant. Chairman Tindall expressed concern regarding the nineteen (19) foot set- back. He noted that the particular area lacks adequate on street parking and approval of the setback would further impact the parking problem. Chairman Tindall recommended rearranging the buildings further back on the lot to accommodate front on garages with the proper amount of setback. Mr. Jacobs stated that the buildings were placed on the lot to allow for the maximum amount of back yard area, the view would be obstructed if structures were set back, not to mention the appearance of row housing which would be created. He further stated that the Code identifies detached qarages as accessory buildings. The subject garage is attached to the home, therefore, the Code does not apply. Chairman Tindall granted that the Code is not specific, and the Board must regard each request as it affects the surrounding area. Chairman Tindall closed the public hearing. ON MOTION BY LIPPS AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-9 WAS APPROVED BY THE FOLLOWING VOTE WITH FINDINGS, REASONS AND CONDITIONS OF APPROVAL AS FOLLOWS: REASONS FOR APPROVAL: 1, The Code section pertaining to the side yard setback was written to apply to lots having alley access. In the absence of such access on the subject property, the applicant suffers hardship not contemplated by the drafters of this Code section. 2. A precedent has been established by Conditional Exception No. 78=27. 3. This approval is for that portion of the request dealing with the side yard setback only. FINDINGS: 1. The grantinq 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 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. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 4 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. CONDITIONS OF APPROVAL: 1. The conceptual plot plan and elevations received February 25, 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. 2. The following plan shall be submitted to the Secretary of the Board: a. A revised plan showing a twenty-two (22') foot setback to the garage door shall be submitted at the time an application for building permit is made. AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None ON MOTION BY LIPPS AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-11 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL AS STATED: REASONS FOR APPROVAL: 1. Code section pertaining to the side yard setback was written to apply to lots having alley access. In the absence of such access on the subject property, the applicant suffers hardship not contemplated by the drafters of this Code Section. 2. A precedent has been established by Conditional Exception No. 78+127. 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 5 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 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. CONDITIONS OF APPROVAL: 1. The conceptual plot plan and elevations received February 25, 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. AXES: Lipps, Tindall, Kelly NOES: None ABSENT; None MINUTES: H.B, BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 6 ADMINISTRATIVE REVIEW NO. 81-9 Applicant: Rainbow Disposal Company, Inc. To permit an expansion of present facility from 1.81 acres to 4.65 acres located on the west side of Nichols Street at 17121 Nichols Street. This request is covered by Negative Declaration No. 81-4. Mr. Stan Tkaczyk was present to represent the application. Chairman Tindall requested the applicant to briefly explain the request. Mr. Tkaczyk stated that several new buildings would be constructed, in addition to various services to be offered, such as a transfer station, recycling center and office buildings. Secretary Lipps stated that the Board was not aware of the addition of services, additionally, landscaping requirements are deficient, and the Board had some concern regarding turning radius' and on -site traffic flow. It was recommended that the request be continued one week in order to allow the applicant to meet with the Board to discuss the proposal. ON MOTION BY TINDALL AND SECOND BY KELLY, ACTION ON NEGATIVE DECLARATION NO. 81-4 WAS DEFERRED UNTIL ACTION ON ADMINISTRATIVE REVIEW NO. 81-9 WAS TAKEN. AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-13 Applicant: The Systems Investment Group To permit the construction of an 11,837 sq. ft. industrial building located on the south side of System Drive, approximately 115 feet east of Chemical. This request is covered by Environmental Impact Report No. 73-16 previously approved. I LJ Secretary Lipps briefly outlined the application, noting that the proposal was substantially in compliance with the Huntington Beach Ordinance Code. Fire Representative Kelly recommended that drives be widened to meet Fire Department requirements. Conditions of Approval were discussed. Chairman Tindall noted that the plan was nicely layed out. �I LJ MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 7 ON MOTION BY LIPPS AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 81-13 WAS APPROVED BY THE FOLLOWING VOTE WITH CONDITIONS OF APPROVAL AS FOLLOWS: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received February 5, 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. 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. c. A revised plan to show drive approaches to conform to Public Works Standards 212 A & B. AYES: Lipps, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 81-4 Applicant: James Marino To permit the construction of a 2,030 sq-: ft. addition to an existing automobile sales agency located at 19711 Beach Boulevard. This request is a Categorical Exemption Class 1, California Environmental Quality Act, 1970. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 8 Secretary Lipps introduced the application to the Board. Mr. Perry Mansell was present to represent the application. It was noted that the submitted plot plan did not correspond with the acutal buildings on site. Chairman Tindall opened the public hearing. Mr. Mansell stated that a temporary building had been erected by a previous owner, further the proposed addition will be reduced. Secretary Lipps recommended continuing the application to March 4, 1981 in order for the applicant to submit a revised plan reflecting actual dimensions. The public hearing was closed. ON MOTION BY TINDALL AND SECOND BY LIPPS, USE PERMIT NO. 81-4 WAS CONTINUED TO MARCH 4, 1981 IN ORDER TO ALLOWS THE APPLICANT TO SUBMIT REVISED PLANS. AYES: Lipps, Kelly, Tindall NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-6 Applicant: Eric Mossman To permit the construction of a four (4) story 62,000 sq. ft. office building located at 19671 Beach Boulevard, approximately 300 feet north of Utica. This request is covered by Negative Declaration No. 81-3. ON MOTION BY LIPPS AND SECOND BY TINDALL, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-3 WITH THE FOLLOWING MITIGATING MEASURES CONTAINED IN ADMINISTRATIVE REVIEW NO. 81-6 GENERAL CONDITIONS 5,6 & 7 IMPOSED ON ADMINISTRATIVE REVIEW NO. 81-6 BY THE FOLLOWING VOTE: AYES: Tindall, Kelly, Lipps NOES: None ABSENT: None Secretary Lipps introduced the application to the Board, stating that the proposal was substantially within Ordinance Code conformance. Eric Mossman was present to represent the application. The applicant was advised that retail uses and medical related business' were prohibited. Conditions of Approval were discussed. ON MOTION BY LIPPS AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 81-6 WAS APPROVED BY THE FOLLOWING VOTE WITH CONDITIONS OF APPROVAL AS NOTED: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 9 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceputal plot plan and elevations received February 20, 1981 shall be the approved layout, subject to the modifications described herein: a. Applicant shall submit a lighting plan showing illumination pattern. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modifi- cations 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: r 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. c. Revised plan to show parking and landscaping in compliance with Article 979 of the Huntington Beach Ordinance Code. B. GENERAL CONDITIONS: 1. Uses will be restricted to general office uses. No retail uses or medical offices will be permitted. 2. Approval and recordation of a parcel map combining the two parcels shall be completed prior to finalling of the building permit. 3. Curbs along Beach Boulevard shall be painted red to prohibit parking near driveway entrys. Area shall be designated by the Department of Public Works. 4. This application shall meet all Fire Department standards. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 10 5. 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. 6. If lighting is included in the parking lot and/or recreation area, energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 7. 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: Tindall, Kelly, Lipps NOES: None ABSENT: None USE PERMIT NO. 81-6 Applicant: Carlos Cella/Victor Correa (individ.) To permit establishment of an auto repair/restoration facility in the Ml-A zoning district located at 5842 J McFadden Avenue, approximately 763 feet west of Springdale Street. This request is a Categorical Exemption Class 1, California Environmental Quality Act, 1970. Secretary Lipps briefly outlined the application to the Board, noting that approval had been granted to similar uses in the same facility. Chairman Tindall opened the public hearing. The applicant was not present. Fire Representative Kelly stated that he had field checked the site, noting that an accumulation of trash, parts, and junk was being stored at the rear of the building. Chairman Tindall expressed his concern over the growing number of like uses in the area. Further, that many of the business given approval by the Board with Condition prohibiting outside storage were in violation. Chairman Tindall recommended denial of the request, citing that the use was not compatible with adjacent uses, in addition, that the particular zoning was not intended for this type of use. Secretary Lipps noted that the denial of this request would be denying the applicant of privileges given to other applicants in the immediate area. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS February 25, 1981 Page 11 ON MOTION BY KELLY AND SECOND BY TINDALL, THE CONSENSUS OF THE BOARD WAS TO DENY THE REQUEST BASED ON THE FACT THAT THE USE IS NOT COMPATIBLE WITH ADJACENT USES. AYES: Kelly, Tindall NOES: Lipps ABSENT: None REVOCATION OF HOME OCCUPATION PERMIT - DECISION ONLY Applicant: Charlie Brown and Sons Review of construction type business being conducted from the home located at 1102 Pine Street. Secretary Lipps stated that a field check had revealed building materials still being stored in the back yard area. The applicant, when questioned about the remaining material had stated that it was for personal use only. Fire Representative Kelly stated that the large trucks and employee activity had been eliminated. He recommended that the applicant be allowed to continue operation. Secretary Lipps stated that complaints had been received as early as 1977, and had continued to be a problem off and on since. He recommended that the permit be revoked. The applicant was not present. Board discussion followed. It was the consensus of the Board to allow the applicant to continue operating from the home. Secretary Lipps stated his intentions of filing a letter of opposition regarding Board action. Chairman -Tindall stated that the ap-licant be informed that compliance with all applicable ordinance codes is advised. ON MOTION BY KELLY AND SECOND BY TINDALL, THE BOARD VOTED TO ALLOW THE APPLICANT TO CONTINUE CONDUCTING BUSINESS;,FROM THE HOME BY THE FOLLOWING VOTE: AYES: Tindall, Kelly NOES: Lipps ABSENT; None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Kl)dlt� Loe� alter Lipps, Actin Secretary Board of Zoning Adjustments