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HomeMy WebLinkAbout1982-05-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MAY 12, 1982 - 1:15 P,M. BOARD MEMBERS: Webb, Kelly, Vogelsang, Smith, Crosby STAFF PRESENT: Zelefsky MINUTES: ON MOTION BY VOGELSANG AND SECOND BY WEBB, THE MINUTES OF THE REGULAR MEETING OF APRIL 21, 1982, WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ABSENT: None REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 82-11 (In conj. with N.D. 82-11 & U.P. 82-14) Applicant: Contorelli & Davis Reconsideration of Conditions of Approval imposed on April 28, 1982, permitting four (4) Industrial Condominiums, located at the south end of Metzler Lane. Mr. Robert Contorelli was present to address the Board. Staff outlined the reason for reconsideration of Conditions of Approval, as originally imposed on Administrative Review No. 82-11, at the meeting of April 28, 1982. It was stated that the basic problem is such that the 15 ft. sanitation sewer and storm drain easement along the easterly property line was inadvertently not shown on the tentative parcel map (No. 82-557) which creates the necessity for dedication to the City prior to issuance of building permits and a revised site plan indicating the correct dimensions for the subject property. Minutes: H.B. Board of Zoning Adjustments May 12, 1982 Page Two Mr. Contorelli questioned the Board as to placement of his proposed building in conjunction with the easement. The applicant was informed that should he wish to encroach within five (5) feet of the easement, approval must be granted by a conditional exception. ON MOTION BY WEBB AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. ' 82-11 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 April 7, 1982, shall be the approved layout, subject to the following: a. A revised site plan shall be submitted to the Secretary of the Board for review and approval indicating the correct dimensions for_ the subject property. b. Revised elevations which depict proposed colors, along with samples of materials to be used, shall be submitted to the Secretary of 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. c. A parcel map shall be filed prior to issuance of building permits and recorded prior to issuance of a Certificate of Occupancy. d. The developer shall dedicate the existing fifteen (15) foot sanitation sewer and storm drain easement with the City prior to issuance of building permits. In its approval action, the Board of Zoning Adjustments considered the following relating to the conceptual plan: - Traffic circulation and drives; - Parking layout; - Lot area; - Lot width and lot deptht - 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 for review and approval: -2- BZA 5/12/82 Minutes: H.B. May 12, y1982 Page Three Board of Zoning Adjustments 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 equip- ment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS 1. Driveways shall be a width of twenty-seven (27) feet and of the radius type constructed to Public Works standards. 2. The easterly fifteen (15) foot easement shall be covered with asphalt or concrete meeting Public Works standards. 3. Should encroachment become necessary within five (5) feet of easement, approval must be granted by a Conditional 4. Exception for encroachment. 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 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. 6. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall inclulde onsite soil sampling and laboratory testing of materials to provide detailed recommendations 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 Department. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None -3- BZA 5/12/82 Minutes: H.B. Board of Zoning Adjustments May 12, 1982 Page Four POSSIBLE REVOCATION OF HOME OCCUPATION PERMIT NO. 82-1 Appl'icant:' Mr. Daniel -Pelletier dba Beaver Tree Service Violation of Section 9730.21 (a), (b), (c), (f), (g), and (i) of the Huntington Beach Ordinance Code. Property located at 15031 Sevilla Lane, zoned Rl - Single Family Residence. Acting -Secretary Webb reiterated events leading up to this hearing. On October 20, 1980, a Home Occupation Permit for Beaver Tree Service was issued. On April 20, 1981 the Land Use Section received a -complaint of violations occurring. On May 13, 1981 a letter was sent to Mr. Pelletier informing him of complaint received and of necessary action to be taken on his part. On November 4 and 5, 1981 complaints were received and an inspection was made by the Land Use Section which revealed violations. On February 3, 1982 the applicant appeared before the Board of Zoning and was advised of violations and complaints received and informed that if the situation was not corrected revocation of his Home Occupation Permit would occur, The applicant concurred with the Board that 45 days would be adequate to correct violations allowing him to comply with the conditions of a Home Occupation Permit. Sixty days later a field inspection made by the Land Use Section of Development Services revealed the same violations occurring, with numerous telephone calls having been received. The public hearing was opened and closed by'Chairman Kelly as:-.bhere was no one present to speak for or against Mr. Pelletier's Home Occupation Permit. Board discussion ensued. It was the consensus of the Board Members that as Mr. Pelletier has not shown a willingness to cooperate, after being informed of violations and given more than adequate time to correct the situation,that his Home Occupation Permit should be revoked for the following reasons: REASONS FOR DENIAL: Possible revocation of Home Occupation Permit No. 82-1 was withdrawn on February 3, 1982, in an effort to allow the applicant adequate time (45 days with -the applicant's concurrence) to correct all violations of the Huntington Beach Ordinance Code pursuant to S.9730.21. Sixty days later, a field investigation revealed the following violations: SECTION 9730421 (a) The business was not restricted to one room in the dwelling and all material, equipment, etc. were not kept therein; (b) The garage was used in connection with such business. -4- BZA 5/12/82 Minutes: H.B, Board of Zoning Adjustments May 12, 1982 Page Five (c) His employees are coming to his house- (f) Materials, supplies, equipment, or products were stored outside the one room of the dwelling used in conjunction with his home occupation. (g) The occupation has become a type which generates pedestrian or vehicular traffic beyond that which is normal to the particular neighborhood. (i) Marked commercial vehicle or equipment used in conjunction with the occupation are being parked overnight on the street or within the front yard setback of the premises. AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None USE PERMIT NO. 82-10 Applicant: Mr. Rick Jeffrey To permit an addition of a duplex, with a four (4) car garage, on property abutting an arterial highway, zoned R-2 Two Family Residence District located at 2516 Delaware Street. Staff introduced the proposal and informed the Board that this request is a categorical exemption, Class. 3, California Environ- mental Quality Act, 1970. Mr. Rick Jeffrey was present to speak in behalf of his proposal. The public hearing was opened by Chairman Kelly. The plan for the duplex on the second floor, with garages under- neath and proposed recreational room, appeared to be substantially in compliance with the Code. The applicant was informed of the necessary setback for the building and garage allowing for a 25 foot turning radius egressing or ingressing to or from a private dirt easement from Yorktown Avenue. The Board questioned the applicant as to his intentions for the proposed downstairs recreational room and separate living room which does not have access from inside of Mr. Jeffrey's home as they appear to be very conducive for other rentals. Mr'. Jeffrey stated that the recreational room will be used solely for a gym with a laundry room and storage area and that the family,room was previously a garage which has been converted. The public hearing was closed by Acting Chairman Kelly. -5- BZA 5/12/82 Minutes; H.B. Board of Zoning Adjustments May 12, 1982- Page Six Conditions of approval were discussed with the applicant. ON MOTION BY SMITH AND SECOND BY CROSBYt USE PERMIT NO. 82-10 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, 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 conceptual plot plan and elevations received March 25, 1982, shall be the approved layout, subject to the following: a. A -revised site plan shall be submitted to the Secretary of the Board for revidw and approval reflecting the following: 1. The private easement from Yorktown Avenue to the subject property (fully dimensioned) with a twenty- five (25) ft. turning radius into the garage shall be provided. 2. The "family room" shall be fully integrated with the main dwelling unit. 3. The revised site plan shall comply with all applicable Ordinance Code requirements. 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. -6- BZA 5/12/82 Minutes: H,B, Board of Zoning Adjustments May 12, 1982 Page Seven 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 property owner shall (prior to issuance of building permits) have recorded a document with the Orange County Recorder's Office stating that the site will be limited to a maximum of three (3) dwelling units. A copy of the recorded document shall be submitted to the Secretary of the Board and shall be made a permanent part of the administrative file. 2. Electric garage door openers shall be installed. AYES: Kelly, Crosby, Vogelsang, Smith NOES: Webb ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-16 AND NO. 82-17 Applicant: U, S. Rentals, Inc. To permit parking and a one (1) day public auction on June 12, 1982, from 8:00 a.m. to 3:00 p.m. - Location for parking at 7661 Warner Avenue - Location for auction at 17101 Nichols Street. Mr. Vince Solorzano was present to represent the applications. He stated that additional parking may be necessary, therefore, parking across from the auction site (with the church approval) has been requested. The Board reviewed the activity's location and the circumstances surrounding it. The major area of concern previously was the pedistrian crosswalk on Warner Avenue and Nichols Street. Mention was made that during the last year a traffic light was installed at this corner which would help mitigate this concern. The Board felt that it was not necessary for U. S. Rentals to employ a crossing guard to assist auction attendees across Warner Avenue. The Board discussed the Conditions of Approval with the applicant. -7- BZA 5/12/82 Minutes: H.B. Board of Zoning Adjustments May 12, 1982 Page Eight ON MOTION BY SMITH AND SECOND BY VOGELSANG, ADMINISTRATIVE REVIEW NO. 82-16 AND NO. 82-17 WERE APPROVED, WITH CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received April 28, 1982, shall be the conceptual layout. 2. A revised site plan showing dimensioned fire accessways shall be submitted for review and approval by the Fire Department prior to issuance of permits. 3. The.applicant shall obtain all necessary electrical permits. 4. A certificate of insurance in the amount of $1,000,000 shall be filed with the Finance Dept. five (5) days prior to the event. 5. Appropriate signs (temporary) for the direction of traffic and parking shall be provided by the applicant. Said signs, location, and content to be as recommended by the Traffic Division of the Police Department. AYES: Webb, Kelly, Crosby, Vogelsang, Smith NOES; None ABSTAIN: None PLOT PLAN AMENDMENT NO. 82-1 Applicant: Rolly Pulaski & Partners, Architects To permit plot plan re -arrangement of units facing interior North and East property lines located on the Northeast corner of Warner Avenue and Algonquin Street. Staff introduced the proposal and stated that Tentative Tract No. 11474 and C.U.P. No. 81-11 were previously approved for this project. The public hearing was opened by Chairman Kelly with Mr. Barber, of Mola Development and Mr. Rolly Pulaski, A.I.A., present to speak in support of application. Mr. Pulaski introduced himself to the Board and stated that he felt this construction of 40 airspace condominium units would be a welcome addition to the City. He further mentioned that he felt they would promote an excellent living environment, insofar as this project is consistent with the objectives of the planned unit standards in achieving'a development adapted to the terrain and campatibility of the surrounding environment while integrating large open space area for the residents enjoyment. 1 -8- BZA 5/12/82 Minutes: H.B. Board of.Zoning Adjustments May 12, 1982 Page Nine The public hearing was closed by Chairman Kelly. The Board reviewed the plot plan with the applicant and Mr. Barber, noting that for Building No. 1 the easterly portion of the building shall be three story units, Building No. 2 - entirely three-story units and, Building No. 3 - entirely two-story units which will improve the site from Warner and Algonquin in that they will be building from a lower profile to a higher profile back to the corner of the property. The applicant stated he understood that this approval was for the height of the dwelling units only. ON MOTION BY CROSBY AND SECOND BY SMITH, PLOT PLAN AMENDMENT NO. 82-1 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY THE FOLLOWING VOTE: FINDINGS: 1. The amendment does not constitute a substantial change. 2. The proposed use of the property remains the same. 3. The dwelling unit density has not been increased. 4, The adjustment results in an improved plan. CONDITIONS OF APPROVAL: The conceptual plot plan and elevations received April 28� 1982 sbha}ld b the approved layout only as it relates to the he o the ui in M. 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. General Conditions: 1. All conditions previously imposed on the original tentative tract (No. 11474) and Conditional Use Permit No. 81-11 shall still apply. 2. This approval shall be only for the height of the dwelling units and not for the site plan (Building No. 1 - easterly portion of building shall be three-story units, Building No. 2 - entirely three-story units, Building No. 3 - entirely two-story units. -9- BZA 5/12/82 Minutes: H.B. Board of Zoning Adjustments May 12, 1982 Page Ten AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 82-18 Applicant: Circus Vargas, Inc. To permit a three (3) day Circus on May 18, 19, & 20, 1982. Location - Southeast corner of Clay Avenue and Main Street. Staff introduced the proposal and stated that in years past Circus Vargas has performed in our City and that they were very cooperative and exhibited a fine performance. Mr. Crockett addressed the Board and stated that this circus will be smaller in size as they expect to have a poor attendance. He said the tent will hold 2,500 people. Fire requirements, dust and traffic control, parking, and temporary sign were discussed with the applicant as outlined in the following Conditions of,Approval. ON MOTION BY WEBB AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 82-18 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received May 6, 1982, shall be the conceptual layout. 2. A revised site plan showing dimensioned fire ,accessways (public egress and ingress included) shall be submitted for review and approval by the Fire Department prior to issuance of permits. 3. The applicant shall obtain all necessary electrical permits. 4. A certificate of insurance in the amount of $1,000,000 shall be filed with the Finance Department five (5) days prior to the event. 5. Applicant shall comply with all fire safety standards. 6. Appropriate signs (temporary) for the direction of traffic and parking shall be provided by the applicant. Said signs, location, and content to be as recommended by the Traffics Division of the Police Department. 7. Dust control shall be provided. -10- BZA 5/12/82 Minutes: H.B. Board of Zoning Adjustments May 12, 1982 Page Eleven AYES: Webb, Smith, Kelly, Vogelsang, Crosby NOES: None ABSTAIN: None MISCELLANEOUS ITEM: USE PERMIT NO. 82-7 Applicant: Mr, George C. Mc Cracken To permit 12,500 square feet of mini -storage (two buildings) within the existing Warner West Shopping Center, located on Warner::Avenue approximately 600 feet west of Goldenwest, in a C-2 zoning district. Acting Secretary Webb stated that this application was tabled on April 14, 1982, pending a reply from our legal department as to whether or not mini -storage is a permitted use in a C-2 zoning district and that a reply was received which stated that "a mini -warehouse is not an allowable use in a C-2 zone". She further stated that a letter advising Mr. Mc Cracken of other options available to him was mailed on May 7 and, as of:this date, the Board has received no response other than a telephone call received by Development Services wherein Mr. Mc Cracken stated he would be unable to attend today's hearing►of which his application was not scheduled to be heard,awaiting his decision as to which option he wished to act on. ON MOTION BY WEBB A SECOND BY SMITH, USE PERMIT NO. 82-7 WAS SCHEDULED FOR AMATE CERTAIN - MAY 19, 1982, BY THE FOLLOWING VOTE: AYES: Webb, Kelly, Vogelsang, Smith, Crosby NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Florence Webb, Acting Secretary Board of Zoning Adjustments -11- BZA 5/12/82