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HomeMy WebLinkAbout1984-05-30MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MAY 30, 1984 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Smith, Vincent, Crosby STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY GODFREY AND SECOND BY SMITH, THE MINUTES OF THE REGULAR MEETING OF APRIL 25, 1984 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vincent NOES: None ABSTAIN: Crosby ABSENT: Evans REGULAR AGENDA ITEMS: RECONSIDERATION - USE PERMIT NO. 84-24 Applicant: Dr. John F. Pelochino To permit a restaurant addition to an existing building. Site location is at 19471 Beach Boulevard. Secretary Godfrey informed the Board Members that a telephone call was received from the applicant requesting a one (1) week continuance to allow additional time to revise his plan. As there was no one present wishing to speak on the application, a motion for continuance followed. ON MOTION BY VINCENT AND SECOND BY SMITH, RECONSIDERATION OF USE PERMIT NO. 84-24 WAS CONTINUED ONE WEEK, TO THE BOARD MEETING OF JUNE 6, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Two CONDITIONAL EXCEPTION NO. 84-27 Applicant: Mr. Lawrence E. Tieman To permit construction of a two-story residence containing 1,548 sq. ft. of living area and 460 sq. ft. of garage with reduction in sideyard setback from 5 ft. to 3 ft. Subject location is at 7675 Clay Street (north side of street). Chairman Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 3, under the California Environmental Quality Act of 1970. Staff informed the Board Members that this request is to deviate from a five (5) ft. sideyard setback from the front property line to the main entry of the dwelling. This property is located in the Oldtown Specific Plan Area. The majority of the lots in Tract 285 were created at 25 ft. in width and developed many years ago under R-2 standards prior to rezoning in 1976 to the Oldtown Specific Plan. Prior to 1976, the Code did not have a requirement for a five (5) ft. sideyard setback and all the homes were built with three (3) ft. sideyards. In order for the applicant to meet the Code today, he would have to decrease the size of his garage or relocate to a zero property line and then his project would not meet the requirement on the opposite side allowing five feet between structure As an alternative,the applicant Could file a conditional exception variance to either reduce to a one -car garage or provide a three (3) ft. sideyard setback as being proposed. Additionally, the applicant is proposing access into the main dwelling from his garage via double -doors for removal of furniture. The public hearing was opened by Chairman Smith. Mr. Tieman was present and stated that he felt his hardship was created by the width of his lot (24.99 ft. x 134.9 ft. in depth). There being no one else present wishing to speak in favor or opposition of the applicant's request, the public hearing was closed. The Board concurred with the applicant's hardship and felt that not only would the applicant's plan provide optimum use of his property but that approval would allow consistency and parity within his neighborhood. ON MOTION BY CROSBY AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-27 WAS GRANTED WITH FINDINGS, CONDITIONS FOR APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 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 classifications. f� -2- BZA 5/3 0/84 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Three 2. Because of special circumstances applicable to the subject property, including size, shape, location and surroundings, 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 entryway setback was not a code requirement at the time of development of adjacent properties. Proposal is consistent with development in vicinity. CONDITION OF APPROVAL: 1. The site plan, floor plan and elevations received and -dated May 14, 1984 shall be the approved layout. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-7 AND TENTATIVE PARCEL MAP NO. 84-562 Applicant: Hartge Engineering Corporation A.R. Request - To permit a induction in lot width from 60 ft. to 24 ft. T.P.M. Req. - To permit subdivision of one parcel into two parcels. Subject property is located at 5075 Warner Avenue: Following introduction of both applications, Chairman Smith informed all concerned that the Administrative Review is categorically exempt, Class. 5 and that the parcel map is a Class. 15 categorically exempt, under the California Environmental Quality Act of 1970. Staff informed the Board Members that there are no specific provisions to allow a reduction in street frontage from C-4 required 60 ft. to 24 ft.; however, Section 9472.1 allows C-2 uses subject to approval of a Use Permit and compliance with C-2 requirements. C-2 standards require 100 ft. minimum frontage. C-2 standards allows a reduction in street frontage provided an Administrative Review is submitted delineating all structures proposed for future or initial construction. As each parcel is deficient in one or more areas, staff is recommending denial; proposed parcels must each meet minimum development standards, -3- BZA 5/30/84 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Four Parcel 1 exceeds maximum spaces allowed for compact spaces (13 proposed in lieu of 16 proposed), Parcel 2 deficient in landscaping with turning radius for commercial parking spaces not satisfied and, Parcel 2 trash area location does not have sufficient turnaround area and } necessitates trash disposal truck backing out of the project area. Mr. Bill Hartge was present and agreed to work with staff to rectify problems with his proposal. ON MOTION BY CROSBY AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84-7 AND TENTATIVE PARCEL MAP NO. 84-562 WERE CONTINUED FOR TWO WEEKS, TO THE MEETING OF JUNE 13, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None USE PERMIT NO. 84-28 ADMINISTRATIVE REVIEW NO. 84-33 AND TENTATIVE PARCEL MAP NO. 84-578 Applicant: Mr. Dieter Ackermann U.P. Request - To permit reduction of minimum building site and frontage. Administrative Review No. 84-33 Request - To permit reduction in site area. T.P.M. Request - To permit consolidation of five (5) lots. Subject property is located at the southeast corner of Slater Avenue and Gothard Street. Chairman Smith introduced the applications and stated that the Use Permit is a Class. 1, the A.R. is a Class. 5, the T.P.M. a Class. 15, under the California Environmental Quality Act of 1970. This tentative parcel map request to consolidate five "postage -stamp" lots into one buildable site will not satisfy minimum building site and frontage requirements -within the M1-A District. In this particular zoning district, the Board may approve a tentative parcel map when accompanied by an administrative review application encompassing the entire parcel providing there is compliance with all applicable City Ordinances. As past actions by the Board have approved "minor" automobile repair shops in the Ml-A Zoning District, as the applicant is proposing two overhead doors, it was not felt necessary by staff to be a part of his use permit request. The public hearing was opened by Chairman Smith. Mr. and Mrs. Dieter Ackermann and Bill Hartge were present to speak in favor of their proposal. -4- BZA 5/30/84 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Five The applicants were informed that should approval be granted,"minor" automobile repair only, as defined in Article 970, would be allowed. Any modification, expansion or change of use shall require new entitlement. Mr. Ackermann stated that the roll -up doors will be the same color as the split -face block building (earth tone). Further, that bermed landscaping is proposed around the perimeter of the site to be located between the 42 inch high wall and curb. Mrs. Frances Dalot, 7372 Slater Avenue (resident to the east of the subject site) addressed the Board on an inquiry basis only. She requested viewing of the applicant's plan. She was interested in whether or not a fence would be erected to screen the project from her property. She was informed that the back of the building would face her property with no openings. She mentioned that she has lived in her adjacent home for 25 years which was originally zoned R-1' since rezoned to Light Industrial. There being no one else present wishing to speak in favor or opposition of the applicants request, the public hearing was closed. Findings and conditions for approval covering all three applications were discussed with the applicants. ON MOTION BY SMITH AND SECOND BY VINCENT, TENTATIVE PARCEL MAP NO. 84-578 (IN CONJUNCTION WITH U.P. NO. 84-28 AND A.R. NO. 84-33) WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL - T.P.M. NO. 84-578: 1. The proposed consolidation of five (5) lots into one (1) parcel for purposes of industrial use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for light industrial use allowing commercial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other -design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. -5- BZA 5/30/84 i Minutes: H.B. Board of Zoning Adjugtlpents May 30, 1984 Page Six CONDITIONS OF APPROVAL - T.P.M. NO. 84-578: 1. The tentative parcel map received by the Department of Development Services on April 18, 1984 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. Slater Avenue and Gothard Street shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 6. All utilities shall be installed underground at the time said parcel is developed. 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. The property shall participate in the local drainage assessment district at the time said parcel is developed. 10. Vehicular access rights along Slater and Gothard shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None ON MOTION BY VINCENT AND SECOND BY SMITH, USE PERMIT NO. 84-28 (IN CONJUNCTION WITH A.R. NO. 84-33 AND T.P.M. NO. 84-578) WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL - U.P. NO. 84-28: 1. The establishment, maintenance and operation of the use will not be detrimental to: -6- BZA 5/30/84 1 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Seven 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 - U.P. NO. 84-28: 1. A revised site plan shall be submitted depicting the modifications as required for Administrative Review No. 84-28. 2. This approval shall allow minor automobile repair only as defined in Article 970. Any modification, expansion or change of use shall require new entitlement. 3. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 4. All repair work shall be conducted wholly within the building. 5. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 6. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and applicable sections of Article 951 of the Huntington Beach Ordinance Code. If at that time there is a violation of these conditions or code sections, Use Permit No. 84-28 may become null and void. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None ON MOTION BY VINCENT AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 84-33 (IN CONJUNCTION WITH U.P. NO. 84-28 AND T.P.M. NO. 84-578) WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: -7- BZA 5/30/84 Minutes: H,B. Board of Zoning Adjustments May 30, 1984 Page Fight CONDITIONS OF APPROVAL - A .R. NO. 84-33: 1. A revised site plan shall be submitted depicting the modifications described herein: a. relocation of trash area; b. one handicap parking space; c. elimination of most northerly parking space shown as #1; d. a 10 ft. corner cutoff at the northwest corner of the building or relocation of parking space #2 twelve ft. to west. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop mechanical equipment plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. c. exterior elevations shall be submitted to the Design Review Board for review. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 4. Maximum separation between building wall and property line shall not exceed two (2 ) inches. 5. Driveway approaches shall be a minimum of twenty-seven (27) ft. in width and shall be of radius type construction. 6. Low -volume heads shall be used on all spigots and water faucets. 7. 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. -8- BZA 5/30/84 1 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Nine 8. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 10. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-41 Applicant: Boy Scouts of America To permit a seasonal parking lot to be located on Pacific Coast Highway between 9th and loth Streets. Following introduction of the applicant's request, Chairman Smith stated that this proposal is Categorically Exempt, Class. 1, under the California Environmental Quality Act of 1970. Staff briefly outlined the proposal and stated that approval is being recommended for this particular use. Oscar Taylor and Roger Wilson were present to speak in favor of the application. Mr. Taylor stated that the lot is secured every night and is totally enclosed. Further, that entrance is taken from 9th or loth Street and not off of Pacific Coast Highway. He stated they work the parking lot only on weekends, manned by two people at all times, plus the Boy Scouts. Conditions for approval were discussed with emphasis placed on the new requirement for a Certificate to Operate and the fact that seasonal parking lots are permitted from Memorial Day through Labor Day. ON MOTION BY SMITH AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84--41 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan received May 23, 1984, shall be the approved layout. -9- BZA 5/30/84 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Ten 2. The seasonal parking lot shall comply with standards contained in S.9730.56 of the Huntington Beach Ordinance Code. 3. Prior to commencing business, the applicant shall obtain a Certificate to Operate from the Department of Development Services. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 84-580 Applicant: Towne House Plaza To permit subdivision of one parcel into two parcels. Site location is at 9971 Adams. Chairman Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 15, under the California Environmental Quality Act of 1970. Staff informed the Board Members that the subject property has been under lease to numerous persons with -an existing service station on site. The lot has never been legally created. The applicant has entered into a long-term lease and is proposing to develop a bank on the site. Both uses fall under the C-2 stand- ards of the Zoning Ordinance. Upon the Board's review of the map submitted, it was felt that the tentative parcel map substantially meets all requirements of the Subdivision Map Act justifying approval. ON MOTION BY VINCENT AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 84-580 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL: 1, The proposed subdivision of one (1) parcel into two (2) parcels for purposes of commercial use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial buildings was placed on the subject property. -10- BZA 5/30/84 Minutes: H.B. Board of Zoning Adjustments May 30, 1984 Page Eleven 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision 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: 1. The tentative parcel map received by the Department of Development Services on May 25, 1984, 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. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed (if such systems exist within 200 feet of said parcel). 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed (if such systems exist within 200 feet of said parcel). 5. All utilities shall be installed underground at the time said parcel is developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. The property shall participate in the local drainage assessment district at the time said parcel is developed. 9. Vehicular access rights along Adams Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None M EIN NO FU ER BUSINESS, THE MEETING WAS ADJOURNED. Glen K. Godfrey, Secretary Board of Zoning Adjustments -11- BZA 5/30/84