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HomeMy WebLinkAbout1982-03-31 (6)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MARCH 31, 1982 - 1:15 P.M. BOARD MEMBERS: Webb, Kelly, Smith, Vogelsang, Crosby STAFF PRESENT: Folger, Zelefsky MINUTES: ON MOTION BY CROSBY AND SECOND BY WEBB, THE MINUTES OF THE REGULAR MEETING OF MARCH 17, 1982 WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Smith, Vogelsang, Crosby NOES: None ABSTAIN: None ABSENT: None Chairman Kelly outlined the procedure of the Board of Zoning Adjustments to the applicants. REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 82-5 (Continued from 3/24/82) Applicant: Lamia Hanna -To permit a Carnival on school grounds on April 2 (3:00 p.m. to 10:00 p.m.), April 3 (10:00 a.m. to 10:00 p.m.), and April 4 (12:00 p.m. to 8:00 p.m.), located at 17071 Gothard Avenue. Staff outlined event. Ms. Hanna introduced herself saying she is representing Oceanview High School and that this activity is being held in an -effort to raise money for the school's athletic program. Chairman Kelly outlined the Board's concerns as to the access and width of the road into the carnival area as well as the location of rides, booths, etc: to make sure there will be no obstruction should emergency vehicles be required in the area. Bob Lawrence, representing Show of'Shows, Inc., addressed the Board. He stated they plan to bring in three large pieces of equipment, a few booths which they will operate along with twelve (12) booths being run by the school. It was clarified that there will be no games of Minutes: H.B. Board of Zoning Adjustments. March 31, 1982 Page Two chance; their games are played only by skill. He stated they do not operate any equipment which is not certified by the State and that State certification covering safety of the rides shall be maintained at all times on the premises during the carnival. He stated that they are not "road show carnies" and that the main part of their business is with churches and schools. ON MOTION BY WEBB AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 82-5 WAS GRANTED WITH CONDITIONS OF APPROVAL IMPOSED FOLLOWING, BY VOTE AS,FOLLOWS: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted to Mr. Larry Marshburn, of the Fire Department indicating exact locations of rides and booths and dimensions to scale showing circulation for emergency vehicles. 2. A certificate of insurance form shall be filed in the Finance Department five (5) days prior to the event. 3. State certification for safety of the rides shall be maintained during the event on site. 4. All requirements of the Ordinance Code shall be met. AYES: Webb, Kelly, Smith, Vogelsang, Crosby NOES: None ABSTAIN: None USE PERMIT NO. 82-3 Applicant:* Mr. Thomas Chow To permit construction of a seven (7) unit apartment building abutting an arterial highway, located on Sandra Lee Street and Warner Avenue, zoned-R3, Limited Multiple Family Residence District. Staff introduced the application to the Board and stated that this request is covered by Negative Declaration No. 82-3. Chairman Kelly opened the public hearing. Mr. Thomas Chow, owner, and Mr. Samuel Cheng, A.I.A. for project, were present to speak in favor of subject application. Mr. Cheng addressed the Board and stated they had previously received approval from the Board of Zoning Adjustments for this project on Use Permit No. 81-21 but felt their plan could be structurally improved. Consequently, they simplified the floor plan of each unit increasing the square footage and added powder rooms and dens which are to remain 500 open. He further mentioned that the parking requirement was not affected by his new plan. -2- BZA 3/31/82 Minutes: H.B. Board of Zoning Adjustments March 31, 1982 Page Three Mary Cockran, property owner in the area, introduced herself and stated her concern with parking in the area. She said that in light of today's environmental impact she felt that as Mr. Chow's apartment building is on a corner triangle, with off-street parking only allowed on Sandra Lane, that he should be required to have two on -site parking spaces for each unit to help alleviate the parking problem -in this particular area. She said she was one of the first apartment owners in the area. Now there are many apartment buildings on Sandra Lane. She said there are two vacant lots left.on this street which people use for parking as they use their garages for storage purposes. Ms. Cockran was informed by the Board that Mr. Chow's parking requirements are in accordance with the Code. It was explained to Ms. Cockran that the landlords have a responsibility to the City and that they should follow through to correct the parking situation in this particular area enforcing use of their garages and that as Mr. Chow's proposed plan includes a security gate, hopefully, this will encourage his tenants to use their garages for parking,in lieu of storage, for security purposes. The public hearing was closed by Chairman Kelly. Conditions of Approval were discussed with the applicant. ON MOTION BY SMITH AND SECOND BY WEBB, USE PERMIT NO.:82-3 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: 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, CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan dated March 4, 1982 and elevations dated March 17, 1982 shall be the.approved layout., subject to the modification described herein: -3- BZA 3/31/82 Minutes; H.B, Board of Zoning Adjustments March 31t 1982 Page Four a. A plan reflecting the proposed security gate shall be submitted..for review and approval to the Secretary of the Board of Zoning Adjustments. A plan delineating said modifications 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. 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.1 The following plans shall be submitted to the'Secretary of the Board: 1. 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. 2.. 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. - - GENERAL CONDITIONS: 1. All dens, as shown on plot plan, shall remain fifty (50) percent open. 2. Dedication and public improvements shall be completed prior to issuance of occupancy permits. 3, Drive approaches shall be a minimum of twenty-seven (27) feet ,in width per Department of Public Works standards'.- 4. Applicant shall meet all applicable local, state and federal fire codes,, ordinances and standards. 5. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 6. Natural gas shall be stubbed in at the locations of cooking ,facilities, water heaters, and central heating units. 1 7. Low volume heads shall be used on all showers. -4- BZA 3/31/82 Minutes; H.B, Board of Zoning Adjustments March 31, 1982 is Page Five 8. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acoustical standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permits. All measurers recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. 9, If lighting is included in the parking lot 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. 10, A detailed soils analysis shall be prepared by a registered soils engineer, This analysis shall include on -site sampling and laboratory testing of materials to provide detailed recommendation regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-7 Applicant: Zwick Energy Research To permit construction of a 3,552 sq. ft. storage mezzanine within existing building, located at 5471 Argosy, zoned Ml-A - Restricted Manufacturing District. Staff introduced the proposal and acknowledged receipt of a copy of the Penkoff/Zwick Easement Agreement along with a letter from the Estate's attorney substantiating the right of representation for the easement agreement. Mr, Meyer Kaizer, representing Zwick Energy Research, was present to speak in favor of this proposal. He stated that when this building was constructed in January, 1981, the storage mezzanine was not included due to insufficient parking but now with the easement agreement parking requirements are met. Chairman Kelly expressed his concern in that the addition of 3,552 sq, ft. for the storage mezzanine would change the configuration of the sprinkler system. The applicant was informed that an addendum to the original sprinkler plan showing the increased square footage for the mezzanine,including engineering calculations,would have to be reviewed and approved by the Fire Department prior to issuance of building permits. -5- BZA 3/31/82 Minutes: H.B. Board of Zoning Adjustments March 31, 1982 Page Six ON MOTION BY VOGELSANG AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 82-7 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1.' The conceptual plot plan received March 17, 1982, shall be the approved layout, subject to the following:' a. A revised sprinkler plan for building, including square footage for storage mezzanine, shall be submitted for review and approval by the Fire Department. b. A copy of the recorded Penkoff/Zwick Easement shall be directed to the Secretary of the Board of Zoning Adjustments. 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: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None USE PERMIT NO. 82-5 Applicant: Michael D. Smith To permit Retail Sales of ultra-lite aircraft, located at 17251 Beach Boulevard, zoned C4 - Highway Commercial District. Staff introduced the proposal and stated that the same conditions' required for "auto" sales would be imposed for "ultra-lite aircraft'. The public hearing :was -opened by Chairman Kelly., Michael D. Smith, proprietor of business and Reginald de la Cuesta, property -owner, were present to speak in favor of this application. Mr. Smith spoke saying the motorized glider type aircraft is manufactured in Florida. They.will be engaged in retail sales only at subject location. He further- stated that Ultra-lite Aircraft -owns sixty acres of land at Lake Elsinore which•is used for flying lessons, -6- BZA 3/31/82 Minutes: H.B. Board of Zoning Adjustments March 31, 1982 Page Seven engine start-ups, engine servicing, etc. At the location on Beach Boulevard they will have three (3) ultra-lite aircraft on display which will be rolled into a fenced area at night. The public hearing was closed by Chairman Kelly with no one else present to speak for or.against this proposal. Board discussion ensued. Conditions of approval were discussed with the applicant. ON MOTION BY WEBB AND SECOND BY SMITH, USE PERMIT NO. 82-5 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS APPLICABLE, BY THE FOLLOWING VOTE: 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. CONDITIONS*OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised plot plan received March 24, 1982, shall be the approved layout, subject to the modifications described herein: a. The applicant shall submit for review and approval by 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. The delivery access shall be comprised of decomposed granite or approved equal. A revised plan to reflect the location and materials used for the delivery access shall be submitted to the Secretary of the Board for review and approval. C. A grading plan shall be submitted to the Secretary of -7- BZA 3/31/82 Minutes: H.B. Board of Zoning Adjustments March 31, 1982 Page Eight the Board for review and approval. 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. B. GENERAL CONDITIONS: 1. The "not to be used" portion of the site shall not be used for storage or any use relating to the business other than for circulation of delivery vehicles. 2. The parking area shall be paved and striped. 3. The modular office shall meet Building Code standards and have a permanent foundation. .A. The storage area shall be screened as per the standards of the Huntington Beach Ordinance Code. 5. The sign shall comply with Article-976 of the Huntington Beach Ordinance Code. 6. The maximum height of the chain link fence shall be six (6)' feet. 7.'.This application shall be reviewed by the Board of Zoning Adjustments in one (1) year. 8. The applicant shall not engage in any engine start-ups or engine running on subject property. 9. The applicant is,to engage in Retail sales only. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -8- BZA 3/31/82 Minutes: H.B..Board of Zoning Adjustments March 31, 1982 Page Nine MISCELLANEOUS ITEMS: REVIEW -OF;-CONDITIONAL.' EXCEPTION `NO: 72=10 CONDITIONALLYTAPPROVED 4/4/72. Applicant: J "& L Industries To permit an automobile reclamation and recycling business to be r conducted. i:n"the ',M2-0- Heavy Industrial` -`District ''combined'`with oil production. The subject property is located on the north side,of Edison Way --,`approx." '250 ft. east' of Ndiiiand''Street. Staff outlined proposal and stated that on April „4, 1972_„Planning Commission conditionally-"approded a conditional exception with a condition of approval "which 'stated' ;ESdt'"Conditi rnt .,Excepttion No. 72-10 shall be. subject "to- an-admini,strative1_review'before the board' of Zoning Adjustments prior to April 4, 1982.,,to determine whether the conditions existing at present have' materially'changed'to an extent requiring 'a', new 'applica:tiori-°to-'the �Pla'hiiing'"Commission: • Such administrative`review-shall be required every five years thereafter. Chairman Kelly -informed .the Board Members`'that- the.'position of the Board of Zoning" Adjustments.;is 1or-Ifact' finding only' and will make recommendations to the Planning Commission for their action. Roderick.Bethea,•Attorney representing J & L Industries, spoke for Jim Ellis-, proprietor, also in attendance. He stated on April 1, 1982, Mr. Elli"sp'exercised- his option_ ,to renew- his, lease".of-subjec-t property to continue the operation of-J-& L'hndizstries.He said that Mr. Ellis' intent•, since inception of hi's business,, has. been tooperate within the proVisions, of- the conditional' exce`ption�.- H ' •men.-tioned he had just learned yesterday, from staff, _tha ;there are,.some problems that have arisen,with-respect•to'the' property. He'pointed out that the -abandoned vehicles parked along Edison Way do not belong to Mr. Ellis as -mentioned by'staff. Staff reported the findings.of the Land Use Section of Development Services per -twining -to -the original conditions of approval (e.g. some materials stacked over six feet high,.no,record of permits having been issued for his sign- parking,,lot, driveway,;etc.). Counsel for Mr. Ellis stated that_he_felt that the character•of the property" has not changed' over -the, past' ten -years."','' ,He. stated he did not'feel'Mr'', Ellis should Piave to go through the entire proceedings involved securing the conditional exception..,,He said Mr. Ellis .is _ cognizant of what is ;required;,and, if. given. an opportunity, would correct•all deficiencies..:; Board discussion ensued. As 'it was stated-by,councel.for Mr. Ellis that the applicant was unaware of -the deficiencies related to conditio of approval imposed'on C.E. 72-=10,'and Ordinance Code requirements, it was the consensus, of the Board-Members.to have Planning staff, review the'site"and`submit recommendations to Mr. Ellis bringing this property into conformance. -9- BZA 3/31/82 Minutes: H.B. Board of Zoning Adjustments March 31, 1982 Page Ten ON MOTION -BY SMITH AND SECOND BY KELLY, REVIEW OF CONDITIONAL EXCEPTION NO. 72-10, CONDITIONALLY APPROVED 4/4/72, WAS CONTINUED FOR A SIX (6) MONTH PERIOD WITH THE CONCURRENCE OF MR. ELLIS, ALLOWING A REASONABLE LENGTH OF TIME FOR THE APPLICANT TO RECTIFY CONCERNS OF THE LAND USE SECTION OF DEVELOPMENT SERVICES, AYES: Webb, Kelly, Smith, Vogelsang, Crosby NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 82-556 and USE PERMIT NO. 82-13 Applicant: Phil Zisakis Tentative Parcel Map - To legally divide one (1) parcel into four (4) parcels as shown on latest assessors map. Use Permit No. 82-13 - To permit construction of a commercial building. Property located at 17204 Beach Boulevard. ON MOTION BY KELLY AND SECOND BY WEBB, BOTH APPLICATIONS WERE REFERRED TO THE PLANNING COMMISSION MEETING OF APRIL 20, 1982, TO BE -HEARD IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 82-02. AYES: Webb, Kelly, Smith, Vogelsang, Crosby NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. lorence Webb, Acting Secretary Board of Zoning Adjustments -10- BZA 3/31/82