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HomeMy WebLinkAbout1981-06-17MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, JUNE 17, 1981 - 1:15 PM BOARD MEMBERS PRESENT: MINUTES: Room B-8, Civic Center 2000 Main Street Huntington Beach, California Spencer, Tindall, Kelly (Cooper) ON MOTION BY TINDALL AND SECOND BY SPENCER THE MINUTES OF THE REGULAR MEETINGS OF MAY 13, MAY 20, AND JUNE 3, 1981, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTES: MAY 13 AND JUNE 3: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None MAY 20: AYES: Spencer, Tindall, Cooper NOES: None ABSENT: None REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 81-564 (Continued from June 3, 1981) Applicant: S & K Greenhouses Inc. To permit the creation of four (4) parcels of land on property located on the west side of Magnolia Street approximately 516 feet north of Warner Avenue. This request is a categorical exemption, Class 15, California Environmental Quality Act, 1970. The Board discussed the proper procedure for hearing the parcel map, which can either be acted upon by the Board or referred to the Planning Commission to be heard in conjunction with a condi- tional use permit which has been filed on the property. Bill Hartge, engineer for the project, and David Dahl, applicant, were present to discuss the timing on the recordation of the map. It was the consensus of the Board that the Commission should hear the map in conjunction with the conditional use permit to allow all necessary conditions to be applied at that time. ON MOTION BY TINDALL AND SECOND BY SPENCER TENTATIVE PARCEL MAP NO. 81-564 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF JULY 21, 1981, TO BE HEARD IN CONJUNCTION WITH C.U.P. 81-14, BY THE FOLLOWING VOTE: Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 2 AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-36 Applicant: Falzon Construction Inc. To permit a three (3) foot encroachment into the required front yard setback to enable construction of an addition to property located at 3501 Sagamore, on the north side of the street approximately 140 feet west of Vim Lane This request is a categorical exemption, Class 5, California Environ- mental Quality Act, 1970. Secretary Spencer reported that the addition involves adding a second story over a garage as a portion of a dwelling unit. The garage setback is 12 feet, and it is intended to carry the addition out to the same setback, which is an encroachment into the setback required for a dwelling unit. The public hearing was opened. Charles Falzon, contractor, addressed the Board in support of the request, noting that the neighborhood has varying setbacks, some of which are as small as 7 or 8 feet. Barry Smith, applicant, also addressed the Board to ask for approval of the request. There were no other persons to speak for or against the proposal, and the public hearing was closed. The Board discussed the architectural features of the proposed con- struction, the history of the permitting process for other similar encroachments in the area, and the need for a finding of hardship to permit granting the request. ON MOTION BY KELLY AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-36 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS: 1. The granting of a conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the same zone classification. 2. Because of special circumstances applicable to the subject prop- erty, including location and surroundings, the strict application -2- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 3 of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same zoning classification. 3. The granting of a conditional exception will not be mater- ially detrimental to the public welfare or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. AYES: Tindall, Kelly NOES: Spencer ABSENT: None The applicants were advised of the appeal period and procedure. CONDITIONAL EXCEPTION NO. 81-37 Applicant: Constantine Pastis To permit the reduction in open space dimension and an encroach- ment of five (5) feet into the required rear yard on property located on the north side of Suntan Circle approximately 300 feet east of Aquatic Lane. This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Secretary Spencer described the request, noting that the lot in question is of an irregular shape, with one side measurement of 71 feet and the other side at 90 feet. Other lots in the same tract are close to 95 feet in both dimensions. The reduction in open space is minimal, to 868 square feet in lieu of the required 900 square feet. The public hearing was opened. The applicant informed the Board that there is an existing patio on the lot at the same location on which he is requesting to add a room; he also noted that the setback of construction on neighboring lots would assure sufficient separation from his room addition. Joe Alfano, architect, also addressed the Board to point out that the original tract map had indicated that the rear yard of subject site would measure 23 feet, and when built it actually measured 16 feet. This has, in his opinion, caused the appli- cant a real hardship in siting an addition on the lot within the code requirements. There were no other persons present to address the Board, and the public hearing was closed. -3- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 4 The Board members discussed the lot configuration and the original siting of the unit on the lot. ON MOTION BY SPENCER AND SECOND BY TINDALL CONDITIONAL EXCEPTION NO. 81-37 WAS APPROVED FOR THE FOLLOWING FINDINGS AND REASONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under identical zone classifications. 2. Because of special circumstances applicable to the subject prop- erty, including size, shape, topography, location, or surround- ings, 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 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 af- fect the General Plan of the City of Huntington Beach. REASONS: 1. The subject lot is irregularly shaped, making it difficult to locate an addition to the house on any other portion of the site. 2. The requested reduction in open space is minimal. 3. The one-story construction for the proposed encroachment will not adversely affect the privacy of the residents of the adjacent properties. 4. The setback of the adjacent residences provides adequate separa- tion between those structures and the subject addition. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None The applicants were advised of the appeal period and procedures. -4- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 5 TENTATIVE PARCEL MAP NO. 81-566 Applicant: Innovative Consultants, Inc. To permit the consolidation of two (2) parcels of land into one (1) parcel on property located at the northeast corner of Indiana- polis Avenue and Beach Boulevard. This request is a categorical exemption, Class 15, California Environmental Quality Act, 1970. A representative of the applicant was present to indicate that the suggested conditions of approval had been received and were satisfactory. Secretary Spencer explained that the lot consolidation had been a condition on the original approval of the project on this site (A.R. 80-23). The layout was reviewed by the Board. ON MOTION BY SPENCER AND SECOND BY KELLY TENTATIVE PARCEL MAP NO. 81-566 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed consolidation of two lots into one parcel for the purpose of construction of an office/condominium project 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 implementa- tion 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 C2, General Com- mercial allowing construction of office buildings, was placed on the 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 speci- fications on file with the City as well as in compliance with the State Map Act and supplemental City subdivision ordinance. CONDITIONS OF APPROVAL: TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Devel- opment Services on June 2, 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. -5- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 6 ` F 3. A set of the covenants, conditions, and restrictions for any condominium development on the subject site shall be submitted to the Department of Public Works for review with the final map and shall be recorded concurrently with the recordation of the parcel map in the office of the County Clerk. 4. Beach Boulevard and Indianapolis Avenue shall be dedicated to City standards. 5. Improvements to the site shall include construction of necessary ramps off Beach Boulevard into the site. 6. Water supply shall be through the City of Huntington Beach water system at the time said parcel is developed. 7. A copy of the recorded parcel map shall be filed with the Depart- ment of Development Services. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-41 Applicant: Western Athletic Clubs To permit the conversion of an existing athletic club building to a 20,000 square foot office on property located at the south side of Center Drive at Gothard Street. This request is a categorical exemption, Class 2, California Envir- onmental Quality Act, 1970. Secretary Spencer reported that the applicant is requesting joint use of parking and the use does not fit the intent of the code in that regard. The applicant has requested a week's continuance to permit this problem to be worked out with staff. ON MOTION BY SPENCER AND SECOND BY TINDALL ADMINISTRATIVE REVIEW NO. 81-41 WAS CONTINUED TO THE MEETING OF JUNE 24, 1981 AT THE APPLI- CANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-43 Applicant: Broadmoor Homes To permit location of a temporary sales trailed in the right-of-way of Grimaud Lane approximately 600 feet northwest of Admiralty Drive. -6- 6-17-81 - BZA 1 Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 7 This request is a categorical exemption, Class 5, California Environmental Quality Act, 1970. Secretary Spencer reported that protests have been received from area residents in regard to the location of this sales trailer, citing the traffic hazard and congestion which have resulted. The Board reviewed the request, considering the nature of the encroachment into the right-of-way and possible alternative loca- tions which might be utilized by the developer. ON MOTION BY SPENCER AND SECOND BY KELLY ADMINISTRATIVE REVIEW NO. 81-43 WAS DENIED FOR THE FOLLOWING REASON AND WITH THE FOL- LOWING RECOMMENDATION, BY THE FOLLOWING VOTE: FINDING FOR DENIAL: The trailer is obstructing traffic and causing a hazardous traffic and fire safety problem for the residents of the area. RECOMMENDATION: The Board recommends that the trailer be placed at some other location within the complex so that traffic on the street can be accommodated safely. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-46 Applicant: Urbanart (Manuel Perez) To permit the construction of a 24,000 square foot office build- ing located on the northeast side of Pacific Coast Highway approxi- mately 100 feet from Mariner Drive. This project is covered by Negative Declaration No. 80-37, approved by the Board on June 4, 1980. Secretary Spencer informed the Board that a prior application (A.R. 80-19) had been approved for this project; however, Coastal Commission procecures had delayed implementation until the approval expired. The present request is the same, and has been plan checked and found to be in compliance. ON MOTION BY KELLY AND SECOND BY SPENCER ADMINISTRATIVE REVIEW NO. 81-46 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: -7- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 8 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received and dated June 11, 1981 shall be the approved layout, subject to the modifications described herein: a. Parking shall conform to Article 979 with the standard dimension stalls for the required parking; any excess can be compact. A plan delineating said modification 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 equip- ment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. A parcel map shall be recorded and filed with the Orange County REcorder's office reflecting the consolidation of parcels into one (1) prior to issuance of a Certificate of Occupancy. 2. Applicant shall agree to enter into reciprocal access agree- ment with the adjacent properties to the north and south at such time those properties are developed. -8- 6-17-81 - BZA 1 Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 9 3. Applicant shall dedicate and make all street improvements, to include offsite construction of sewer lines, to the standards of the Department of Public Works. 4. 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. 5. 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 dir- ected to prevent "spillage" onto adjacent properties. 6. 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 pro- vide detailed recomendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 7. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-47 Applicant: Two Wheel Transit Authority, Inc. To permit establishment of a bicycle retail sales and service shop, with parts and accessories, in an existing building loc- ated at the northwest corner of Main Street and Orange Avenue. This request is a categorical exemption, Class 2, California Environmental Quality Act, 1970. The applicant was present at the meeting. The Board analyzed the possible impact of the proposed use on the traffic and parking in the area. The applicant described his proposed operation. ON MOTION BY SPENCER AND SECOND BY KELLY ADMINISTRATIVE REVIEW NO. 81-47 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan received and dated June 12, 1981 shall be the approved layout. -9- 6-17-81 - BZA Minutes, H.B. Board of Zoning Adjustments June 17, 1981 Page 10 2. Any signage proposedforthe subject use shall conform to the provisions of Article.976 of the Huntington Beach Ordinance Code. 3. Bicycle racks for the use of customers shall be provided to the side or rear of the building and/or the interior of the shop, and not on the sidewalk in front of the property. 4. The activity shall be limited to retail sales and the repair of bicycles only; any subsequent proposal to add any type of rental service shall be subject to review and approval action by the Board of Zoning Adjustments. AYES: Spencer, NOES: None ABSENT: None MISCELLANEOUS: Tindall, Kelly The Board discussed the recurring problems with setback which have been the subject of conditional exception applications. Direction from the Planning Commission in this regard was suggested, and Pat Spencer informed the Board that the subject is at present being reviewed by staff to consider if amendment to the code is indicated. There being no further business, the meeting was adjourned. Charles P. Spencer, Secretary : df 1 -10- 6-17-81 - BZA