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HomeMy WebLinkAbout1981-10-07MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, OCTOBER 7, 1981 - 1:15 P.M. BOARD MEMBER: Spencer, Tindall, Truppelli MINUTES: ON MOTION BY TINDALL AND SECOND BY SPENCER, THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 23, 1981 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None ABSTAIN: None AGENDA ITEMS TO BE CONTINUED: CONDITIONAL EXCEPTION NO. 81-65 Applicant: Marshall L. Herrera, Jr. To permit reduction in minimum open space area and minimum open space dimension. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. Chairman Tindall opened the public hearing. The applicant was not present. There being no parties to speak for or against this application, the public hearing was closed. Secretary Spencer informed the Board he had received a letter from Mr. Herrera requesting continuance of Conditional Exception No. 81-65 for one (1) more week to October 14, 1981. As a revised plan has been received by the Board and as Mr. Herrera was unable to attend today's meeting, continuance was granted. ON MOTION BY SPENCER AND SECOND BY TINDALL, CONDITIONAL EXCEPTION NO. 81-65 WAS CONTINUED TO OCTOBER 14, 1981 BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 2 REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 81-71 (In conjunction with N.D. 81-46) Applicant: Hammond & Seeds To permit construction of a three (3) story 15,000 square foot office building. This request is covered by Negative Declaration No. 81-46. Chairman Tindall introduced the application. Secretary Spencer gave a brief outline of same. Secretary Spencer stated that the environmental group had approved the application, subject to the mitigating measures as outlined under General Conditions shown below. Mr. Hammond and Mr. Seeds (both in attendance) were given a copy of the mitigating measures of which both parties agreed to. ON MOTION BY SPENCER AND SECOND BY TRUPPELLI, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-71 WITH THE MITIGATING MEASURES IMPOSED THEREIN BECOMING PART OF THE CONDITIONS OF APPROVAL IMPOSED ON THE ADMINISTRATIVE REVIEW APPLICATION BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None After introduction of Administrative Review No. 81-71 by the Board it was stated by Secretary Spencer that code requirements for the building were met along with setbacks being consistent with the General Plan. A lengthly discussion by the Board evolved with Mr. Seeds (1/2 owner) and Mr. Hammond (1/2 owner) speaking on behalf of the application, over the vehicular access into the property from an arterial highway, elimination of two parking spaces, access to adjacent apartments, access to and from alley, access over common easement, etc. in an effort to maintain safety. The benefits of working with our Public Works Department were explained. The requests, as outlined in the Conditions of Approval were agreed upon by all concerned. Mr. Hammond stated that the architecture of the building will be kept in conformance with others in the shopping center as this information was not included on the plans submitted. -2- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 3 ADMINISTRATIVE REVIEW NO. 81-71 (In conjunction with N.D. 81-46) Applicant: Hammond & Seeds (Con't. ) ON MOTION BY TINDALL AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 81-71 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL AND VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan received September 18, 1981, shall be the approved layout, subject to the modifications described herein: a. Vehicular access to the northern parking compound shall be limited to the east side and that said access be prohibited to the west. b. The two (2) most north easterly parking spaces be eliminated and replaced with landscaping. c. Building elevations be submitted for review and approval with particular emphases being placed on continuity of both design and color to existing buildings located within the complex. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plans 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 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. -3- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 4 ADMINISTRATIVE REVIEW NO. 81-71 (In conjunction with N.D. 81-46) Applicant: Hammond & Seeds (Con't. ) 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. If applicant wishes to have vehicular access to the north parking compound via the west, approval may be obtained from the Department of Public Works and that any and all expenses required to modify, reconstruct existing drive- ways, traffic island, or street striping be borne by the applicant. 2. 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. 3. If lighting is included in the parking lot, energy efficien lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 4. 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. 5. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calcu- lations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of Building Permits. 6. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Regional Water Quality Control Board staff for their review prior to the issuance of grading permits. -4- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 5 ADMINISTRATIVE REVIEW NO. 81-71 (In conjunction with N.D. 81-46) Applicant: Hammond & Seeds (Con't.) AYES: Tindall, Spencer, Truppelli NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-72 Applicant: Alan J. Degenhardt To permit 2-1/2 foot side yard, and 4-1/2 foot main entry area. This request is a categorical exemption, Class. 5, of the California Environmental Quality Act, 1970. Mr. Alan J. Degenhardt was present to represent the application. Chairman Tindall opened the public hearing. Secretary Spencer briefly outlined the proposal. The Board, along with the applicant, discussed the proposed two-story residence. It was stipulated that there can be no fireplace or gas meter on the side of the residence. The applicant clarified that there would be no overhang on the second floor. Mr. Degenhardt was told that the side yard on the west side would have to be five foot instead of the four foot as shown on the plan. With the main problem being that the applicant's lot sits on a double alley, with dedications to the City it was felt by the Board that Conditional Exception No. 81-72 should be granted to prevent a hardship to the applicant. There being no other parties present to speak for or against this application and with no correspondence received, the public hearing was closed. Conditions of Approval were discussed and the applicant was advised on filing procedure. ON MOTION BY SPENCER AND SECOND BY TRUPPELLI, CONDITIONAL EXCEPTION NO. 81-72 WAS APPROVED WITH THE FOLLOWING REASON, FINDINGS, AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: REASON: 1. Because of required alley dedications, applicant is unable to enjoy development privileges afforded surrounding properties located within same zone classification. -5- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 6 CONDITIONAL EXCEPTION NO. 81-72 Applicant: Alan J. Degenhardt(Con't.) 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 identical zone classifications. 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 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: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received September 21, 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. B. GENERAL CONDITIONS: 1. Applicant to comply with all other regulations of Article 915, Huntington Beach Ordinance Code. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None -6- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 7 ADMINISTRATIVE REVIEW NO. 81-68 (In conjunction with N.D. No. 81-45) Applicant: Donald J. Troy, General Partner To permit construction of a 12,200 sq. ft. Industrial Building. This project is covered under Negative Declaration No. 81-45. Chairman Tindall opened the public hearing. Secretary Spencer explained the intended use of the property and stated that the environmental group had approved the application, subject to standard mitigating measures as outlined in the Conditions of Approval. As no oral or written correspondence for or against this application had been received, the public hearing was closed. ON MOTION BY SPENCER AND SECOND BY TINDALL, NEGATIVE DECLARATION NO. 81-45 WAS ADOPTED WITH THE MITIGATING MEASURES SUBMITTED BY STAFF AND INCLUDED IN THE CONDITIONS OF APPROVAL FOR ADMINISTRATIVE REVIEW NO. 81-68, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None Secretary Spencer reported that the plans for Administrative Review No. 81-68 are in substantial Ordinance Code compliance. Reciprocal driveway and parking were discussed by the Board. George Truppelli, Fire Protection Specialist, indicated that access and circulation are satisfactory to the Fire Department. ON MOTION BY SPENCER AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW NO. 81-68 WAS APPROVED BY THE BOARD, BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL AS NOTED HEREIN: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUA14CE OF BUILDING PERMITS: 1. The revised conceptual plot plan and elevations received September 24, 1981, shall be the approved layout, subject to the modification described herein: a. Revised elevations must be submitted showing this building architecturally in conformance with others in the area. A plan delineating said modification shall be submitted to the Secretary of the Board. If such plan complies with the modification outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. -7- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 8 ADMINISTRATIVE REVIEW NO. 81-68 (In conjunction with N.D. No. 81-45) Applicant: Donald J. Troy, General Partner 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. 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. 2. If lighting is included in the parking lot, energy efficient lamps shall be used (e.q. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 3. 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. 4. An engineering geologist shall be engaged to submit a repor indicating the ground surface acceleration from earth movem, for the subject property. All structures within this develop- ment shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for -8- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjsutments October 7, 1981 Page 9 ADMINISTRATIVE REVIEW NO. 81-68 (In conjunction with N.D. No. 81-45) Applicant: Donald J. Troy, General Partner (Con't.) footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of Building Permits. 5. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be submitted to the California Regional Water Quality Control Board staff for their review prior to the issuance of grading permits. AYES: Spencer, Tindall, Truppelli NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-62 Applicant: Mark P. Dunn To permit reduction in open space dimension. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall. Mark P. Dunn, applicant, was not present. The Board discussed the application and felt that there was ample room for this residential addition and, if not granted, would create an undue hardship for the applicant by not being allowed to get maximum space use out of his property as stated in his application to the Board of Zoning Adjustments. The public hearing was closed. As all code requirements were met with small encroachment into open space dimensions, Conditional Exception No. 81-62 was granted to the applicant. ON MOTION BY TRUPPELLI, AND SECOND BY SPENCER, CONDITIONAL EXCEPTION N0, 81-62 WAS APPROVED FOR THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: REASONS: 1. Similar requests have been granted to neighboring properties under identical lot configurations. -9- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 10 CONDITIONAL EXCEPTION NO. 81-62 (Con't.) Applicant: Mark P. Dunn 2. Property was created in 1926 and is only forty (40) feet in width. 3. The sideyard at garage location is sufficient to compensate for reduction in open space. 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 identical zone classifications. 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 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: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received August 24, 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. AYES: Tindall, Spencer, Truppelli NOES: None ABSENT: None -10- BZA 10/7/81 Minutes, H.B. Board of Zoning Adjustments October 7, 1981 Page 11 THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. r es P. Spencer, ecretary Board of Zoning Adilurstments -11- BZA 10/7/81