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HomeMy WebLinkAbout1983-10-19MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 19, 1983 - 1:30 PM BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vogelsang, Poe STAFF MEMBERS PRESENT: Zelefsky MINUTES: ON MOTION BY SMITH AND SECOND BY EVANS THE MINUTES OF THE REGU- LAR MEETING OF SEPTEMBER 21, 1983 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey-, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None ON MOTION BY EVANS AND SECOND BY GODFREY THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 28, 1983 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Poe NOES: None ABSTAIN: Vogelsang REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION 83-50/USE PERMIT NO. 83-54 (Cont. from 10-12-83) Applicant: Gerald Sy Golob, AIA To permit the construction of a 2,850 square foot retail building with the following exceptions: 1) a reduction of the number of parking spaces from 15 to 14; 2) allowance for 2 compact parking spaces without benefit -of having a minimum of 20 spaces; and 3) a reduction in rear yard setback from 10 feet to zero. Property is located at the southwest corner of "A" Street and Warner Avenue. This project is categorically exempt, Class 5 and Class 3, Calif- ornia Environmental Quality Act, 1970. Howard Zelefsky informed the Board that'a zone change has just been approved by the City Council to establish a "Q"C4 zoning on Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 2 the property, which would allow the requested use. He added that the rear elevation has been changed from the previous plans to re- flect the requested zero setback on the rear property line. Fire Department representative Tom Poe noted that they would like the suggested conditions of approval changed to extend the red fire zone beyond the store front. The public hearing on both the conditional exception and the use permit was opened. Sy Golob was present at the meeting and addressed the Board to ex- plain the changes made in his plan. It now reflects the right turn only out of the alley, the employee parking and handicapped parking, and berming. The new elevations for the structure show a shed roof which is compatible with newer construction on the street. There were no other persons to speak for or against the proposal, and the public hearing was closed. Staff discussion ensued, taking into consideration the separation between the commercial use and the adjoining residential use and the type of material to be used for the rear building wall and the sep- aration fence. Mr. Evans cautioned the applicant that the alley will have to be improved as a condition of the building permit. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 83-50 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Due to the excessive dedication which was required along Warner Avenue, granting of Conditional Exception No. 83-50 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the identical zone classifi- cation. 2. Because the subject property is irregular in shape, aS demon- strated by its corner location, the strict application of the zoning ordinance is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. 3. The granting of Conditional Exception No. 83-50 is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the conditional exception will not be materially detrimental to the public welfare nor injurious to property in the vicinity. -2- 10-19-83 - BZA riinute,w, n.n. noara o= zoning Aajustments October 19, 1983 Page 3 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan dated October 12, 1983 shall be the approved conceptual layout. 2. All conditions imposed on Use Permit No. 83-54 shall be O applicable to the subject application. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None ON MOTION BY SMITH AND SECOND BY POE USE PERMIT NO. 83-54 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed 2,850 square foot fishing supply center will not be detrimental to the general welfare of persons resid- ing or working in the vicinity nor injurious to property or improvements in the vicinity of such use or building. 2. The granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan dated October 12, 1983 shall be the approved conceptual layout. 2. The approval of Use Permit No. 83-54 shall not be effective until the final determination on Zone Change No. 83-9 is complete. 3. Prior to issuance of building permits, the applicant shall submit 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. 4. A rooftop mechanical equipment plan shall be submitted. Said plan shall indicate screening of all rooftop mechani- cal equipment and shall delineate the type of material pro- posed to screen said equipment. 5. All dedications along Warner Avenue shall be made prior to issuance of building permits on the subject property. -3- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 4 6. The proposed project shall comply with all applicable provi- sions of the Huntington Beach Fire Code; specifically, the entire length of the store front and beyond as per City specifications shall be signed and painted as a fire zone which will restrict the parking of any vehicles. 7. If lighting is included in the parking lot area, energy-effi- 'cient lamps shall be used (e.g., high pressure sodium vapor or metal halide). All outside lighting shall be directed to prevent spillage onto adjacent properties. The applicant shall supply a lighting plan which demonstrates this. 8. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soils sampling and laboratory testing of materials to provide det- ailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utili- ties. 9. If foil type insulation is being used, a fire retardant shall be installed as approved by the Building Division. 10. 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. 11. The wall at zero property line at the rear of the building shall be constructed of maintenance -free masonry material. 12. The alley shall be improved prior to issuance of building permits. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 83-575 (Cont. from 10-12-83) Applicant: Susan Williams/Lori Watts To permit the consolidation of five (5) existing lots into one (1) parcel located on Bolsa Chica Road approximately 466 feet north of Pearce Street. This project is categorically exempt, Class 15, California Environ- mental Quality Act, 1970. Both applicants were present at the meeting and indicated that they had not received the suggested conditions of approval. Representa- tive Bill Hartge reviewed the conditions and said they were accep- table; applicants concurred. However, Daryl Smith questioned why -4- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 5 other conditions contained in the standard form had not been included and after discussion the Board agreed to add cer- tain of those conditions. These were read to the applicants and again accepted. ON MOTION BY SMITH AND SECOND BY EVANS TENTATIVE PARCEL MAP NO. 83-575 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CON- DITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed consolidation of 5 lots into one parcel is in compliance with the size and shape of property necessary for the type of development proposed thereon. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implemen- tation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation was placed on the property. 4. The size, depth, frontage, street width, and other design and improvement features of the proposed development are proposed to 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 supplemental City subdivision ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on September 19, 1983 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. 3. Bolsa Chica shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach water system at the time said parcel is developed. 5. Sewage disposal shall be through the City of Huntington Beach sewage system at the time said parcel is dev- eloped. 6. All utilities shall be installed underground at the time said parcel is developed. -5- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 6 7. The property shall comply with all applicable City ordinances. 8. The property shall participate in the local drainage assess- ment district at the time said parcel is developed. 9. A copy of the recorded parcel map shall be filed with the City Department of Development Services. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None USE PERMIT NO. 83-56/USE PERMIT NO. 83-57 Applicant: U.S. Rentals, Inc. (Vince Solorzano) To permit a one -day public auction to be held on November 12, 1983, and to permit parking for that auction. Site of the auction is located on the west side of Nichols Street approximately 340 feet south of Warner Avenue and parking is located on the east side of Nichols Street north of Warner Avenue. This project is categorically exempt, Class 1, California Environ- mental Quality Act, 1970. The public hearing was opened on UP 83-56 and UP 83-57. Mr. Solorzano was present to explain the location of both the auction and the proposed parking, as well as the types of equipment to be sold. There were no other persons present to address the Board on these requests, and the public hearing was closed. The Board discussed access to the site and the possibility of using a police officer to assist pedestrians. It was the conclusion that the recent installation of a signal at the intersection of Nichols and Warner would preclude use of an officer for that purpose. ON MOTION BY SMITH AND SECOND BY POE USE PERMIT NO. 83-56 AND USE PERMIT NO. 83-57 WERE APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The duration of the public auction shall be limited to Novem- ber 12, 1983, from 8:00 a.m. to 3:00 p.m. 2. All signs shall be approved by the City of Huntington Beach traffic engineer. 3. The applicant shall file a $1,000,000 indemnity bond and a hold harmless agreement with the Risk Management Division of the -6- 10-19-83 - BZA 1 Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 7 City of Huntington Beach. These documents shall be on City forms and shall be filed a minimum of five (5) days prior to the event taking place. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-64 Applicant: Mansion -Hill (M.T. Kelly) To permit construction of a model complex per TT 11417 and C.U.P. 81-8 within a tract located on the south side of Clay Avenue between Main and Huntington Streets. This request is covered by the environmental evaluation pro- cessed when the conditional use permit and the tentative tract were approved. Howard Zelefsky reported receipt of a site plan indicating the location of the model home complex for The Ranch. Bill Holman, representing the applicants, pointed out on the site plan the locations, which are in three separate buildings. One is located off Huntington Street, one just to the west of the first, and one in the area of the tract's recreation cen- ter which will access off Yorktown Avenue. Access will be by improved roadways, fencing will be in, and parking available for visitors. Les Evans said it would be necessary to add a condition for a left turn pocket for eastbound traffic wishing to enter the project at the Yorktown/Lake intersection. Mr. Holman agreed with the suggested conditions of approval. ON MOTION BY SMITH AND SECOND BY VOGELSANG ADMINISTRATIVE RE- VIEW NO. 83-64 WAS APPROVED WITH THE FOLLOWING CONDITIONS , BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan dated September 30, 1983 shall be the approved layout. 2. A landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code shall be submitted to the Departments of Development Services and Public Works. -7- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 8 3. A plan delineating various directional signs, landscaping, and irrigation shall be submitted for review and approval by the Departments of Development Services and Public Works and in- stalled prior to final inspection. 4. All roads (including fire access roads) shall be of hard surface, all weather construction meeting Public Works requirements and installed prior to construction of model homes. 5. All access roads shall extend within a minimum of 150 feet to the farthest point of the exterior perimeter of the model homes. 6. All water lines and fire hydrants shall be installed and approved by the Fire Department prior to issuance of permits for any temporary or permanent structures. 7. Security fencing, gates, locking devices, ingress and egress, from streets and parking areas shall be reviewed and approved by the Fire Department prior to issuance of building permits. 8. The office use shall be discontinued within 30 days following sale of the last onsite unit. A cash bond of $1,000 shall be posted with the City for the sales office and for each model home to guarantee compliance with all provisions of the code and the Huntington Beach Building Code. Such model homes shall serve only the tract specified in subject administrative review appli- cation. 9. The sales office shall not be converted or expanded into a gen- eral business office. 10. The applicant shall provide a left turn pocket for eastbound traffic on Yorktown Avenue into The Ranch project at the inter- section of Lake Street and Yorktown; this left turn pocket shall be installed prior to final inspection of the model homes. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-67 Applicant: Sav-on Drugs, Inc. To permit a temporary outdoor display of a balloon and pennants beginning October 20, 1983; time applied for is to be 4 days for the balloon and 30 days for the pennants. Subject property is located on the north side of Warner Avenue approximately 800 feet east of Goldenwest Street. This project is categorically exempt, Class 1, California Environ- mental Quality Act, 1970. -8- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 9 A Mr. Blackwell, representing the applicants, described the proposed balloon as a cold air, pressurized system requir- ing no fire, fuel, or propane. However, it will be illuminated at night by means of an electric light within the balloon it- self. Brief Board discussion ensued. ON MOTION BY SMITH AND SECOND BY EVANS ADMINISTRATIVE REVIEW NO. 83-67 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The request received and dated October 10, 1983 shall be the approved project. 2. The time permitted for such display shall be as outlined in the request, a maximum of four days for the balloon and 30 days for the pennants. 3. Applicant shall take out any necessary electrical permits for illumination of the balloon at night. AYES: Godfrey, NOES: None ABSENT: None ABSTAIN: None Evans, Smith, Vogelsang, Poe TENTATIVE PARCEL MAP NO. 83-579 (WAIVER) Applicant: Nova N. Kimzey A request to consolidate three 27-foot lots into one construction site and waiver of a parcel map on property located on the west side of California Street 27 feet north of Chicago Avenue. This project is categorically exempt, Class 15, California Envir- onmental Quality Act, 1970. The proposal was reviewed by the Board. ON MOTION BY SMITH AND SECOND BY EVANS TENTATIVE PARCEL MAP NO. 83-579 (WAIVER) WAS APPROVED WITH THE FOLLOWING FINDING AND CONDITION, BY THE FOLLOWING VOTE: FINDING: The proposed consolidation complies with requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facili- ties, environmental protection, and other requirements of Article 992 of the subdivision section of the ordinance code. -9- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 10 CONDITION OF APPROVAL: The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Re- corder's office, a certificate of compliance in conjunction with the approved plat map. A copy of the recorded certificate of compliance and plat map shall be filed with the Department of Development Services prior to issuance of building permits on the subject property. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None USE PERMIT NO. 82-48 (ONE YEAR EXTENSION OF TIME) Applicant: Southwest Wholesale Nursery & Supplies To permit annual re-establishment of entitlement for a wholesale nursery located at 21251 Bushard Street. This request is covered by previously approved Negative Declara- tion No. 81-36. Howard Zelefsky explained that when this use was first established by Use Permit 81=31 the applicant had been required to come back annually to the Board for one-year extensions of time for a maximum of four such extensions. The present request is the third. The renewal does not require a public hearing, but testimony may be taken at the Board's discretion. Ron Jesse, applicant, spoke in favor of his requested extension. He particularly noted that the original conditional exception filed with the use permit for a shade structure at zero setback is no longer applicable, as the shade structure is gone based on last year's action and he has no plans to replace it. (The notice sent out for the request had mistakenly included the shade structure on the extension of time.) Mr. Jesse described his operation and noted his attempts to comply with the conditions of prior approval, saying that the planter soils are piled no higher than the allowed 10 feet, planting material has been dispersed throughout the area as required, and no equipment operated on the weekends. Chairman Evans opened the hearing for public comment. Russel Cox, 9431 South Shore Drive, addressed the Board. He said his home backs up to the nursery property and one of his main con- cerns had been that the shade structure at zero setback was to be replaced. With that concern no longer applicable, he added that the planting has not been placed as intended with the low plants up against the residential walls, then the roadway, and then the taller plants in the center of the project. -10- 10-19-83 - BZA 1 Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 11 Instead, Mr. Cox said that the road is directly against the fence so that men in the trucks can look directly into the rear yards of the residences; he also complained that trees have been allowed to grow so tall that they block the mountain views of some of the homes. Another point made by Mr. Cox was that the sign for the operation encouraged the public to enter, adding to the traffic impact and introducing a commercial operation into this residential area. Bonnie Cosgrove, 21392 Dockside Circle, reported signs on the property indicating that toxic or hazardous materials are being used on the site. Mr. Jesse replied that signing is required by law to be posted anyplace where very strong chemicals are used. He explained that all restricted material is under the supervision of the Orange County Department of Agriculture and all users must be qualified by the county to use them. He described the location of the road, which he said was 16 feet from the residential wall; some planting is located in the area between the walls and the road, but there are locations which have not been filled in yet. In response to a question from the Board he said it might be possible to relocate some of the trees to accommodate the concerns with the blockage of the view to some degree, and the Board re- quested that he work with the neighboring residents to alleviate their problem in that regard. The Board discussed the agreement the applicant has with the Edison Company (owner of the easement upon which the nursery is located) which limits height of nursery stock to 15 feet, although Mr. Jesse said that the Edison Company has not been requiring complete compliance with that height restriction. Daryl Smith expressed the opinion that a condition of approval imposed by the Board to put a height limit on the trees would result in a severe hardship to the applicant, and he would prefer that the homeowners and Mr. Jesse work out some accommodation among them- selves. ON MOTION BY SMITH AND SECOND BY EVANS A ONE-YEAR EXTENSION OF TIME TO EXPIRE ON DECEMBER 8, 1984, WAS APPROVED FOR USE PERMIT NO. 82-48 WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The one-year extension of time is granted, to expire on December 8, 1984. 2. It is explicitly noted that the former conditional exception processed with Use Permit 82-48 has no further bearing on the project and is not a part of this renewal of time. 3. All prior conditions of approval imposed on Use Permit No. 82-48 on December 8, 1982 shall continue to apply. -11- 10-19-83 - BZA Minutes, H.B. Board of Zoning Adjustments October 19, 1983 Page 12 5. Additional condition:- All chemicals used or stored at the sub- ject site shall be approved -by the Orange County Agricultural Department, as required by law. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None ABSTAIN: None MISCELLANEOUS ITEMS: ADMINISTRATIVE REVIEW NO. 83-30 (APPEAL) Applicant: Huntington Partnership - Howard Zelefsky informed the Board that the Planning Commission at its October 18 meeting had required the applicant to submit a revised, finished site plan for the parking at Peter's Landing, as well as a management plan for parking circulation, to the Board for review and report back to the Commission. The item is scheduled again for Commission hearing on the appeal at its November 15, 1983 meeting, which will necessitate that the review -be conducted by the Board at its November 2 meeting to allow the report to be written and for- warded to the Commission. Daryl Smith requested that the informa- tion to be reviewed be available to the Board for its Monday morning pre -review prior to the Wednesday BZA meeting, and Les Evans said he would like to have his traffic people take a look at the plan, also prior to the Wednesday meeting. 1 There was no further business and the Board adjourned to Monday October 24 at 10:00 a.m. n Glen K. Godfrey, Se retary 1 -12- 10-19-83 - BZA