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HomeMy WebLinkAbout1981-06-10MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 10, 1981 - 1:15 PM BOARD MEMBERS PRESENT: Lipps, Tindall, Cooper (Spencer/2:00 p.m.) AGENDA ITEMS CONTINUED OR WITHDRAWN: None MINUTES: Action on the minutes of the meetings of May 13, May 20, and June 3, 1981 was deferred to the next meeting. REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 81-38 Applicant: George McCracken To permit the construction of a 49,136 square foot, 384-space mini -warehouse and recreational vehicle storage facility to be located on the northeast corner of Speer Avenue and Crabb Lane. This request is covered by Negative Declaration No. 81-31. Acting Secretary Lipps reported that the plans are in substantial compliance with code except for a 700 square foot shortage of the required landscaping. Bill Cooper indicated that access and circulation are satisfactory to the Fire Department. George Tindall expressed concern with the natural swale through the property and emphasized that the grading plan not be part of any approval granted by the Board, so that adequate drainage plans can be provided. He also discussed street dedication and sewer and storm drain requirements. ON MOTION BY TINDALL AND SECOND BY LIPPS NEGATIVE DECLARATION NO. 81-31 WAS ADOPTED WITH THE MITIGATING MEASURES SUBMITTED BY STAFF AND INCLUDED IN THE CONDITIONS OF APPROVAL FOR ADMINISTRA- TIVE REVIEW 81-38, BY THE FOLLOWING VOTE: AYES: Lipps, Tindall, Cooper NOES: None ABSENT: None Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 2 ON MOTION BY TINDALL AND SECOND BY LIPPS ADMINISTRATIVE REVIEW NO. 81-38 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 and elevations received May 19, 1981, shall be the approved layout, subject to the modi- fications described herein: a. A revised site plan depicting landscaping to comply with code requirements shall be submitted for approval by the Secretary of the Board prior to submittal of any working drawings for plan check. b. The grading plan shall not be part of the approval of the plot plan, and a detailed drainage and hydrology study shall be submitted to the Secretary of the Board prior to the issuance of building permits. If the above modifications comply with the modifications outlined by the Board, said plans shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments consid- ered 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 mechani- cal equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. The location of the trash bin shall be depicted on the plans. -2- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 3 2. The applicant shall be required to make any required dedication of right-of-way for Speer Avenue. 3. The applicant shall be required to dedicate any re- quired drainage easements on Speer Avenue. 4. The applicant shall be required to participate in the sewer assessment district for the Crabb Street sewer lift station. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be dis- posed of at an offsite facility equipped to handle them. 6. If lighting is included in the parking lot, energy effi- cient 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 regis- tered 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. 8. If foil -type insulation is to be used, a fire retardant type shall be installed aspapproved by the Building Division. AYES: Lipps, Tindall, Cooper NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-35 Applicant: Mr. & Mrs. Herbert Goldstein To permit the construction of a one-story, 57 square foot addi- tion to encroach into the required open space on property located on the west side of McKinley Lane approximately 120 feet south of Rocky Mountain. This request is a Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Herbert Goldstein was present to represent his application. The public hearing was opened. No written or oral communica- tions have been received on the proposal, and the applicant had no information to add beyond that contained in his request. The public hearing was closed. -3- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 4 In the Board discussion that followed, it was noted that although the proper dimensions of open space are not provided the square footage of that open space remains more than adequate to satisfy code requirements. ON MOTION BY COOPER AND SECOND BY TINDALL CONDITIONAL EXCEPTION NO. 81-35 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated May 29, 1981, shall be the approved layout. 1 i In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: . 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. FINDINGS: 1. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject prop- erty, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other prop- erties in the vicinity and under identical zone classification. 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 the 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. AYES: Cooper, Tindall NOES: Lipps ABSENT: None The applicant was advised of the appeal period and procedure. - -4- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 5 CONDITIONAL EXCEPTION NO. 81-38 Applicant: Alamo Construction To permit a reduction in the minimum open space from code -required 1200 square feet to approximately 747 square feet on property located at the corner of Winterwood Circle and Charwood. This request is a Categorical Exemption, Class 1, California Envir- onmental Quality Act, 1970. Two representatives of the applicant were present at the meeting. The public hearing was opened, and the two applicants spoke in favor of their request. There were no other persons present to speak for or against the proposal, and the public hearing was closed. In the discussion, Pat Spencer outlined the past history of the site, informing the Board that a prior addition had been added in the rear of the lot, with the fence constructed in the front yard so that it would qualify as the required open space. Now the request is for another addition in the front, which will not project beyond the present garage line and which will be tied to the existing dwelling by a mansard roof designed to present a continuous roof line. The code specifications were reviewed as well as the hardship re- quirement for permitting the requested encroachment. It was the consensus of the Board that a re-evaluation of code provisions for open space square footage and dimension should be asked for, in view of the increasing number of similar requests being received. ON MOTION BY COOPER AND SECOND BY TINDALL CONDITIONAL EXCEPTION NO. 81-38 WAS APPROVED WITH THE FOLLOWING CONDITIONS AND FINDINGS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan received and dated June 3, 1981, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: . 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. FINDINGS: 1. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the same vicinity and under an identical zone classification. -5- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 6 2. Because of special circumstances applicable to the subject property, 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 the 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. AYES: Cooper, Tindall NOES: Lipps ABSENT: None The applicants were advised of the appeal period and procedure. Walt Lipps left the meeting at this point and was replaced on the Board by Pat Spencer USE PERMIT NO. 81-29 Applicant: John Robinson To permit an auto body and frame alignment business in an existing building at 7732 Talbert Avenue. This request is a Categorical Exemption, Class 1, California Envir- onmental Quality Act, 1970. The public hearing was opened. There was no applicant's representa- tive to address the Board and no persons were present in the audience to speak for or against the proposal, and the public hear- ing was closed. Pat Spencer informed the Board that the building complies with code for the proposed use and that no heating device or torches will be used for frame alignment, which will be done by a hydraulic system. He also informed the Board that this is the sixth such use in the area and some problems have developed with outside storage, pointing up a need for careful monitoring for compliance. The Board dis- cussed the code enforcement procedures and determined that Chairman Tindall will correspond with the Department of Development Services to ask for a review of the code in the M1-A district in regard to this type of use. -6- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1181 Page 7 ON MOTION BY SPENCER AND SECOND BY COOPER USE PERMIT NO. 81-29 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan and layout received and dated May 27, 1981 shall be the approved plan. 2. Outside activities, including such uses as repair or outside storage, shall be prohibited. 3. The Board of Zoning Adjustments reserves the right to rescind the approval of this use if there is any violation of these conditions of approval or violation of applicable provisions of the Huntington Beach Ordinance Code. Ths use shall be subject to periodical six-month review for determination if such violations are occurring. 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 NOES: Tindall ABSENT: None George Tindall stated that the reason for his "no" vote was because he felt that six auto body uses in the same complex constituted an overabundance of the same type of business in the area. SPECIAL EVENT NO. 81-14 Applicant: Huntington Harbour Philharmonic Committee To permit the nineteenth annual Symphony of Lights to be held in the Huntington Harbour area on December 12 and 13 and December 15 through December 23, 1981. The Board reviewed the proposal. ON MOTION BY SPENCER AND SECOND BY COOPER SPECIAL EVENT NO. 81-14 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: -7- 6-10-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 10, 1981 Page 8 CONDITONS OF APPROVAL: 1. The request description received and dated June 4, 1981, shall be the approved project. 2. An onsite inspection by the Fire Department shall be required prior to the event. 3. The City Traffic Engineer shall approve the parking arrangements for the project. 4. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. AYES: Spencer, Tindall, Cooper NOES: None ABSENT: None MISCELLANEOUS DISCUSSION: Secretary Spencer reported that a recent applicant on Sunset Island, who had been denied in his request for a conditional exception for a dwelling on Bayview Drive, has requested a reconsideration by the Board of revised plans which will meet the code requirement for the front yard setback. The Board discussed the area, which consists of a street of sub- standard lots all of which are affected by the prior denial, as conformance with code requirements would effectively prohibit the construction of a dwelling on any of the lots. Mr. Spencer noted that he has heard from some of the people who had opposed the initial conditional exception in regard to its implications for their own property, and they seemed to be changing their position on the matter. The requirements of the County of Orange for its area were compared to those of the City, with the Board concurring that the County's less strict controls appear reasonable, given the size of the properties. After extensive review, the Board agreed that some City legislative body needs to study the area, perhaps with a view to formulating a specific plan for the whole street rather than using the conditional exception process for each individual lot. It was felt that the uniqueness of the area provided sufficient justification for such action. Secretary Spencer will prepare a memo to the Planning Commission on this subject, outlining the concerns of the Board; however, the Board declined to reconsider its former action to deny the prior request. THERE BEI !10 FURTHER BUSINESS, THE MEETING WAS ADJOURNED. C�Va�ir P�.S p ernc / ecretary :df -8- 6-10-81 - BZA