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HomeMy WebLinkAbout1981-03-11MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, MARCH 11, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Lipps, Crosby, Cooper (Spencer arrived at 1:30 P.M.) MINUTES: MINUTES OF THE REGULAR MEETINGS OF FEBRUARY 25 AND MARCH 4, 1981 WERE DEFERRED REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 81-12 (Continued from 3/4/81) Applicant: Aya Neishi To permit a six (6) foot high block wall to encroach five (5) feet into front yard setback located on the west side of Marina View, approximately 200 feet north of Los Patos (17181 Marina View). This request is a Categorical Exemption Class 5, California Environmental Quality Act, 1970. Mr. Jerry Janeski was present to represent the application. Acting Secretary Lipps briefly outlined the application. It was noted that the block wall portion of the fence now exists. Mr. Lipps stated that the applicant had submitted plans reflecting a cross section view of the proposed fence. Chairman Crosby informed the applicant that anything exceeding forty-two (42) feet within fifteen (15) feet of the property line is not allowed. He further stated that the Board is bound to find a justifiable hardship such as an irregular shaped lot, size, etc. Further Board discussion followed. Chairman Crosby closed the public hearing. Secretary Lipps recommended denial as the request is not wholly justifiable. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-12 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 2 REASON FOR DENIAL: Approval of this request would be a grant of a special privilege, incompatible with the adjacent properties. In addition, the in- sufficiency of justifiable hardship as specified by the Huntington Beach Ordinance Code, the Board of Zoning Adjustments denied the request. AYES: Lipps, Crosby, Cooper NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 81-555 Applicant: Nick Bekcer To permit one lot air space condominium for ten (10) industrial units located at 15671 - 15701 Chemical Lane. This request is a Categorical Exemption Class 15, California Environ- mental Quality Act, 1970. Secretary Lipps noted that the structure exist, and the application is to satisfy state requirements. He stated that the request was within substantial Ordinance Code compliance. ON MOTION BY LIPPS AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO. 81-555 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL AS FOLLOWS: 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 February 13, 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 Recorder. 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Lipps, Cooper, Crosby NOES: None ABSENT: None 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 3 CONDITIONAL EXCEPTION NO. 81-14 Applicant: Anthony Bartoli To permit a reduction in minimum open space dimension located at the corner of Warner and Los Patos on the north side at 4441 Los Patos. Chairman Crosby introduced the application to the Board. Secretary Spencer briefly outlined the application. It was noted that the applicant was not present. Chairman Crosby opened the public hearing. Secretary Spencer stated that the lot is unique in that the lot is triangular shaped and surrounded on two sides by public streets. In addition, proposed useage of open space will exceed required square footage. Conditions of Approval were discussed. Chairman Crosby closed the public hearing. ON MOTION BY COOPER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-14 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL, REASONS AND FINDINGS AS NOTED HEREIN: REASONS FOR APPROVAL: Being that the subject parcel is triangular shaped surrounded on two sides by public streets meeting the strict application for required open space dimension placed undo hardship on the applicant,othe Board granted approval of this request. 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 grantinq of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 4 Chairman Crosby expressed concern regarding the close proximity of buildings A & B, especially at the rear of the buildings. It was recommended that the plan be modified to reflect a five (5) foot separation between buildings. Board discussion followed regarding the reduction of the front setback at 217 Memphis. Secretary Spencer stated that guest parking is impacted by the reduction, in addition, vehicles usually overhand onto the sidewalk, creating hazardous situations. He further stated that similar requests have been denied (Conditional Exception No. 81-9). Chairman Crosby closed the public hearing. Board members discussed Conditions of Approval. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-10 WAS APPROVED BY THE FOLLOWING VOTE, WITH FINDINGS, REASONS AND CONDITIONS OF APPROVAL AS FOLLOWS: REASONS FOR APPROVAL: Favorable consideration on subject request allowed for vehicular access from adjacent properties private alley, thereby reducing number of driveways taking access from Memphis Avenue on which subject property fronts. It was also noted by the Board that due to the fact that the adjacent property which would be most impacted by the reduction of the requested setback encroachment has as a separation buffer the above mentioned private alley. 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 materially 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 conceptual plot plan and elevations received February 9, 1981 shall be the approved layout. r 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 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. AYES: Crosby, Spencer, Cooper NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 18-13 WAS DENIED BY THE FOLLOWING VOTE, FOR THE FOLLOWING REASON: REASON FOR DENIAL: Applicant failed to demonstrate a hardship and request is not consistent with prior action on similar requests. AYES: Spencer, Cooper, Crosby NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-16 Applicant: Lowell Romberg To permit a five (5) foot reduction in required driveway width of twenty (20) feet located on the north side of Warner Avenue (7943 Warner), approximately 150+ feet west of Beach. IN CONJUNCTION WITH: USE PERMIT NO. 81-8 Applicant: Lowell Romberg To permit the construction of a car wash located on the north side of Warner Avenue at 7943 Warner. Use Permit No. 81-8 is covered by Negative Declaration No. 81-7. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 6 ON MOTION BY SPENCER AND SECOND BY COOPER, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-7 WITH THE FOLLOWING MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 81-8 GENERAL CONDITIONS 3 AND 4 IMPOSED ON USE PERMIT NO. 81-8 BY THE FOLLOWING VOTE: AYES: Spencer, Cooper, Crosby NOES: None ABSENT: None Secretary Spencer introduced the application to the Board. Mr. Lowell Romberg was present to represent the application. Chairman Crosby opened the public hearing. Mr. Romberg briefly outlined the request, stating that the proposal is for a self-service car wash with a one-way drive into the wash bays. A twenty (20) foot drive entrance is not necessary for the type of use. Chairman Crosby recommended that the drive be moved more westerly to accommodate better on -site vehicle flow. Fire representative Cooper suggested that the recreational vehicle bay be relocated for better turning radius'. Secretary Spencer expressed concern regarding the landscaped area along Warner Avenue. He recommended that the landscaping be intensified and mounded. Fire Representative Cooper recommended that on -site striping and signage be minimal. Mr. Romberg stated that he is planning the minimum amount of signing and striping for attractiveness. He further stated that -- cement would be used instead of blacktop usually used for this type of operation. The Board recommended that the applicant maintain visual compatibility with surrounding buildings (type of-materials/treatment, roof line, etc.). There being no other parties present to speak, Chairman Crosby closed the public hearing. ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-16 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS AND CONDITIONS OF APPROVAL AS STATED: REASONS FOR APPROVAL: Applicant's request for a fifteen (15) foot driveway in lieu of the required twenty (20) foot is justifiable in that provisions for said twenty foot drive were primarily designed to accommodate two-way traffic. Applicant's project (automatic car wash facility) with its one-way access to wash bays and exiting arrangements via proposed fifteen (15-) foot driveway negates requirements for a two-way drive. I MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 7 FINDINGS: 1. Approval is found not to consitutute a grant of a special privilege inconsistent upon other properties in the vicinity. 2. Approval was found not to be detrimental to the public welfare or injurious to property in the same zone classifications. 3. Approval is found not to adversely affect the City's General Plan. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received February 18, 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, Cooper, Crosby NOES: None ABSENT: None ON MOTION BY SPENCER AND SECOND BY COOPER, USE PERMIT NO. 81-8 WAS APPROVED BY THE FOLLOWING VOTE, WITH FINDINGS AND CONDITIONS OF APPROVAL AS STATED: 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. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page g CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received February 18, 1981 shall be the approved layout, subject to the modifications described herein; a. Applicant shall submit revised plan showing location and dimensions of drive approach acceptable to the Department of Public Works. 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 land- scaping 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. Applicant shall submit a plan reflecting onsite striping and signage prior to issuance of building permits. B. GENERAL CONDITIONS: 1. Prior to issuance of building permits, applicant shall file a tentative parcel map consolidating existing lots into one (1) parcel and record prior to final occupancy of the facility. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 9 2. Landscaped area adjacent to Warner shall be mounded (bermed) and intensified per Section 9791(b) of the Huntington Beach Ordinance Code. 3. 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. 4. 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. AYES: Cooper, Spencer, Crosby NOES: None ABSENT: None MISCELLANOUS ITEMS: CONDITIONAL EXCEPTION NO. 81-17 Applicant: Corona Development Company, Inc. To permit a portion of the main building to be constructed with 0' side yard on both sides located on the east side of llth Street at 224 and 226 llth Street. IN CONJUNCTION WITH: CONDITIONAL EXCEPTION NO. 81-18 Applicant: Corona Development Company, Inc. To permit the positioning of the main building to be constructed with 0' side yard located on the east side of 18th Street at 324,326 18th Street. ON MOTION BY SPENCER AND SECOND BY COOPER, CONDITIONAL EXCEPTION NO. 81-17 AND CONDITIONAL EXCEPTION NO. 81-18 WERE DEFERRED TO THE PLANNING COMMISSION FOR THE FOLLOWING REASON BY THE FOLLOWING VOTE: REASON FOR DEFERMENT TO PLANNING COMMISSION: Pursuant to Section 9812.2 of the Huntington Beach Ordinance Code, the Board, because of the specific nature of the request and the impacts associated therewith, have declined to act on Conditional Exception No. 81-17 and Conditional Exception No. 81-18, and refers same to the Planning Commission for public hearing. AYES: NOES: ABSENT: Spencer, Crosby, Cooper None None MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS March 11, 1981 Page 10 REQUEST TO RECONSIDER: CONDITIONAL EXCEPTION NO. 81-15 Applicant: Falzon Construction, Inc. At the request of the applicant, the Board agreed to reconsider Conditional Exception No. 81-15 for the purpose of readvertising to modify request. ON MOTION BY COOPER AND SECOND BY SPENCER, THE BOARD APPROVED THE REQUEST TO RECONSIDER CONDITIONAL EXCEPTION NO. 81-15 BY THE FOLLOWING VOTE: AYES: Spencer, Cooper, Crosby NOES: None ABSENT: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. ����zl r es P. Spenc ecretary Board of Zoning Adjustments