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HomeMy WebLinkAbout1983-04-131 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, APRIL 13, 1983 - 1:30 P.M. - LA BOARD MEMBERS PRESENT: Godfrey, Kelly, Evans, Vogelsang, Smith MINUTES: ON MOTION BY EVANS AND SECOND BY VOGELSANG, THE MINUTES OF THE REGULAR MEETING OF MARCH 30, 1983 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: NOES: ABSTAIN: ABSENT: REGULAR AGENDA ITEMS: Godfrey, Evans, Vogelsang None Kelly Smith POSSIBLE REVOCATION OF HOME OCCUPATION PERMIT NO. 83-1 (Con't. from 3/16/83) Applicant: Walter D. Comstock dba Comstock's Custom Masonry Violation of Section 9730.21(a), (d), (f) and (h) of the Huntington Beach Ordinance Code. Location - 8551 Mossford Drive. Secretary Godfrey stated this matter was continued, with the applicant's concurrence, from the meeting of March 16, 1983 to today's hearing to allow time for Mr. Comstock to comply with the Conditions of a Home Occupation Permit enacted in August, 1982. Further, that an inspection was made by our Land Use Section of Mr. Comstock's premises on April 12, 1983. No violations of the Conditions for conducting a Home Occupation were seen. The public hearing was opened by Chairman Kelly. Mr. Comstock, permit holder, addressed the Board. He stated he would like to continue his home occupation and has made arrangements Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Two for storage of his 2-1/2 ton flatbed truck when not in use at C & R Plumbing, located at Lake and 5th Street, alleviating the violations which created this hearing. There being no one else present to speak in favor or opposition of Mr. Comstock's Home Occupation Permit, the public hearing was closed. The Board informed Mr. Comstock that they were pleased that he is now abiding with the Conditions allowing a home occupation as set forth by the Huntington Beach Ordinance Code and cautioned him that future violations could result in having his permit revoked. ON MOTION BY EVANS AND SECOND BY VOGELSANG, REVOCATION ACTION WAS NOT TAKENiBY VOTE AS FOLLOWS: AYES: Evans, Vogelsang, Kelly, Godfrey NOES: None ABSTAIN: None ABSENT: Smith USE PERMIT NO. 83-16 Applicant: Beach Lincoln-Mercury, Inc. To permit construction of an additional stall in existing Body Shop located at 16800 Beach Boulevard (east side of street). Chairman Kelly introduced the proposal and stated that this request is categorically exempt, Class. 3, California Environmental Quality Act, 1970, Secretary Godfrey briefly outlined the applicant's request and stated that an expansion of an existing use in a C-4 Zoning District may be allowed subject to approval of a Use Permit application by the Board. Chairman Kelly opened and closed the public hearing as there was no one present to speak in favor or opposition of the applicant's request. Secretary Godfrey informed the Board Members that he had received two telephone calls from neighbors (Mrs. Joseph Hewes and Mary Norton tbho live on Leafwood Street in the residential neighborhood located directly behind the subject property speaking in protest of this expansion -because of noise to be emitted from the site. -2- BZA 4/13/83 1 Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Three When the neighbors were told that the additional stall being proposed is to be totally enclosed with construction materials having sufficient sound insulation material their concerns appeared to be satisfied. Further, that should there be problems with noise, dust, fumes, etc. they should contact our Land Use Section who will investigate the matter. Upon the Board's review of the site plan submitted, it was the consensus of all of the Board Members that necessary findings mandated by the Code for a Use Permit application were applicable to this project . ON MOTION BY EVANS AND SECOND BY VOGELSANG, USE PERMIT NO. 83-16 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS: 1. The use will not be detrimental to persons living or working in the vicinity. 2. The use will not be injurious to property or improvements in the vicinity. 3. The granting of this Use Permit will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: The conceptual plot plan received March 29, 1983 shall be the approved layout. General Conditions: 1. All Conditions and requirements of previous entitlements be complied with (Use Permits 68-36, 72-16 and 73-59). 2. That the body shop be totally enclosed with construction materials having sufficient sound insulation material so as to be in conformance with the Huntington Beach Noise Ordinance. Construction materials to be approved by the Department of Development Services prior to issuance of building permits. AYES: Godfrey, Kelly, Evans, Vogelsang NOES: None ABSENT: Smith Board Member Smith arrived. -3- BZA 4/13/83 Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Four USE PERMIT NO. 83-19 Applicant: Dyna Marine, Inc. To permit a temporary "outdoor event" - May 19 and 20, 1983 (12:00 noon to 6:00 p.m. daily). Location is 21562 Newland Avenue (southeast side of street - approx. 1/4 block from Hamilton). Chairman Kelly introduced the "outdoor event" and stated that this request is categorically exempt, Class. 1, California Environmental Quality Act, 1970. Secretary Godfrey outlined the suggested conditions for approval. He informed the Board that this event was held last year at the same location with no complaints received. Mrs. Geraldine Gehlke was present to speak in behalf of their once -a -year promotional event called a "mini Expo". She stated that the general purpose of the event is to invite their regular customers to visit and take advantage of the special prices of their marine electronic products. The applicant was questioned by the Board on available parking,onsite Mrs. Gehlke informed the Board Members that they rent 3 units at the subject location with additional onsite parking provided at the rear of the facility. ON MOTION BY SMITH AND SECOND BY VOLGELSANG, USE PERMIT NO. 83-19 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, FOLLOWED BY VOTE: CONDITIONS OF APPROVAL: The conceptual plot plan received March 30, 1983, shall be the approved layout, subject to the following: 1. An onsite inspection by the Fire Department shall be required prior to the event. 2. A certificate of insurance form shall be filed in the Finance Department at lease five (5) days prior to the event. Amount of insurance to be determined by the City's Risk Manager. 3. Use of amplifiers, speakers, and playing of recorded music shall desist at 8:00 p,.m. each evening. 4. The applicant shall obtain all necessary electrical permits. 5. Applicant shall comply with fire safety requirements. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department -4- BZA 4/ 13/83 1 Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Five are required, the applicant shall be liable for expenses incurred. 6. All Alcoholic Beverage Control requirements shall be met. 7. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. Said signs, location, and content to be as recommended by the Traffic Division of the Police Department. 8. The applicant shall provide for clean-up of the area each evening after closing of the event. AYES: Godfrey, Kelly, Evans, Vogelsang, Smith NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-13 Applicant: Rainbow Disposal Company, Inc. To permit an addition to a transfer station building located at 17121 Nichols Street (approx. 660 ft. south of Warner Avenue). Chairman Kelly introduced the applicant's request and stated that this request is categorically exempt, Class. 1, California Environ- mental Quality Act, 1970. Secretary Godfrey explained that Rainbow Disposal wishes to expand a previously approved enlargement (A.R. No. 82-12) of their transfer station in addition to adding an enclosure with a cover. He suggested that if the Board approves today's increased expansion that the same conditions imposed on Administrative Review No. 82-12 be complied with; that public access to the recycling area will not be significantly encroached upon by the new structure and that the circulation pattern remain substantially as previously approved. Further, that in a conversation held with Stan Tkaczyk, Vice -President of Rainbow Disposal, he was assured of compliance with the previously approved plan. Stan Tkaczyk addressed the Board. He informed the Board that presently their transfer station enlargement approved on A.R. No. 82-12 is eighty (80) percent completed which they feel will not adequately serve their needs. He stated that this new plot plan is an overlay of the previously approved plan with the exception of the expansion to the transfer station. Discussion carried on the environmental impact allowing the transfer station at subject location, approved not only by the City but by -5- BZA 4/13/83 Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Six the Orange County Solid Waste Management Board. It was stated that Rainbow Disposal will have to apply for a new permit to allow for the increased tonnage projected for processing by the transfer station to 1,200 tons per day; their existing permit allows up to 800 tons per day. Board Member Evans expressed his concern over the long-term implications being evident (deterioration of the roadway in addition to impacting Nichols Street). Stan Tkaczyk explained that if they were asked by the City to increase the width of Nichols Street in order to be allowed to haul 1,200 to 1,500 tons per day in order to obtain a permit providing their transfer station to run at full capacity they would not be interested in the increased business created by the County closing down their transfer stations. He felt the proposed enlargement to the transfer station will enhance the situation for the consumers in Huntington Beach and other areas serviced helping to keep rates reduced. Mr. Tkaczyk stated that if they increase their processing to 1,200 tons per day an additional four (4) semi -trucks would be required. It was felt that the request before the Board was for approval of an expansion to the transfer station; that at a later date the voice of the City may impose conditions if necessary as the authority to operate a solid waste facility is a bifurcated one requiring both the City and the Orange County Solid Waste Management both to grant approval for an operation of this sort. ON MOTION BY SMITH AND SECOND BY VOGELSANG, ADMINISTRATIVE REVIEW NO. 83-13 WAS APPROVED WITH CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITIONS OF APPROVAL: The revised conceptual site plan received April 5, 1983 shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - 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 pertinent Conditions imposed on Administrative Review No, 82-12 shall be complied with. -6- BZA 4/13/83 Minutes: H.B. Board of Zoning Adjustments April 13, 1983 Page Seven 2. The public access to the recycling area shall not be signifi- cantly encroached upon by the new structure. 3. That the circulation pattern established and approved on Administrative Review No. 82-12 will remain. AYES: Godfrey, Smith, Vogelsang NOES: Evans, Kelly ABSTAIN: None TENTATIVE PARCEL MAP NO. 83-559 Applicant: Mr. Luis Lopez To permit consolidation of two (2) parcels into one (1) parcel for purpose of constructing a residential structure thereon. Subject property is located at 17100 Sims Street (east side of street). Chairman Kelly introduced the application and stated that this request is categorically exempt, Class. 15, California Environmental Quality Act, 1970. Mr. Luis Lopez, property owner, addressed the Board and stated that he had reviewed and concurred with the Conditions of Approval. The application was reviewed by the Board and found to be in sub- stantial ordinance code conformance. Findings and conditions of approval were discussed. ON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-559 WAS APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS: 1. The proposed land consolidation for the construction of a single-family residence is consistent with the City's General Plan and is in compliance with the size and shape of property necessary for this type of development. 2. The site is physically suited for this type of development. 3, The General Plan sets forth provisions for this type of development. 4. The property was studied and approved for this intensity of land use and for this type of residential structure at the time the designation was placed on the property. -7- BZA 4/13/83 Minutes: H.B. April 13, 1983 Page Eight r Board of Zoning Adjustments 5. The size, depth, frontage, street width and other design and improvement features of the proposed project will be constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and the City Subdivsiion Ordinance. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the Department of Develop- ment Services on March 30, 1983, shall be the approved layout. The parcel map shall be filed with the City and approved by the departments of Development Services and Public Works and recorded with Orange County. A copy shall be filed with the departments of Development Services and Public Works. 2. Driveway and vehicle access to serve the lot shall be approved by the departments of Development Services and Public Works prior to issuance of building permits. 0 3. Grading and street improvements shall be provided to City standards at the time the parcel is developed. 4. Utilities shall be installed under ground to the new structure. 5. Compliance with all City standards and ordinances. AYES: Godfrey, Kelly, Evans, Smith, Vogelsang NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Glen K. Godfrey, Secretary Board of Zoning Adjustments -8- BZA 4/13/83