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HomeMy WebLinkAbout1984-06-13MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY; JUNE 13, 1984 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vogelsang, Poe STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY EVANS AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF MAY 9, 1984 WERE APPROVED AS TRANSCRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Poe NOES: None ABSTAIN: Vogelsang ABSENT: None REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 84-7 TENTATIVE PARCEL MAP NO. 84-562 NEGATIVE DECLARATION NO. 84-19 USE PERMIT NO. 84-40 Applicant: Hartge Engineering Corporation A.R. Request - To permit a reduction in lot width from 60 ft. to 24 ft. T.P.M. Req. - To permit subdivision of one parcel into two parcels. N.D. & U.P. Req. - To allow a commercial office building to C-2 standards. Secretary Godfrey informed the Board Members that he is in receipt of a letter from the applicant requesting that, on behalf of Don Walters (property owner) who is out of town, a two (2) week continuance -is requested for hearing of his applications. ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-7, TENTATIVE PARCEL MAP NO. 84-562, NEGATIVE DECLARATION NO. 84-19 AND USE PERMIT NO. 84-40 WERE CONTINUED FOR TWO WEEKS, TO THE JUNE 27, 1984 MEETING, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Two CONDITIONAL EXCEPTION NO. 84-30 Applicant: Merlind J. Perumean, Jr. To permit a 30 inch encroachment into sideyard setback. Property located at 5771 Trophy Drive. Chairman -Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 5, under the California Environ-- mental Quality Act of 1970. The existing single-family dwelling was originally constructed having a five (5) ft. sideyard setback. In 1980, the owner/builder was issued building permits, in error, for an addition to the second -story of his residence as it was not picked up in plan check that the addition encroached into the five (5) ft. interior sideyard setback. During the next three years construction commenced, with some inspections, and .in August, 1983 (exact date unknown), a "stop work" order was issued on the project to modify the encroachment. The original set of plans, which permits were issued against, have been misplaced. A floor plan showing the 1st and 2nd,floors,.along with a roof plan, are available. Although the original plot plan depicting property lines is missing, staff does have a copy of a plot plan showing the addition only (no property line) which has been stamped "approved" with no signature shown Following the "stop work" order, a letter was sent to the owners/builders on September 9, 1983, informing them of deficiencies existing at the site. Board discussion ensued on dates permits were issued, inspection dates (many of which were never finalled), etc. There are two (2) windows located on the east side of the dwelling on the second floor (south of the fireplace). Windows cannot be located to within three (3) ft. of the property line as required by the Uniform Building Code. The encroach- ment into the required sideyard setback consists of portions of a closet, wash basin, fireplace,, etc. Staff feels that this encroachment is an expansion of floor area rather than architectural features or open space area and, therefore, is recommending denial due to the fact that there are no exceptional circumstances to grant approval. The public hearing was opened by Chairman Smith. Robert and Susan Shaw, property owners, were present to speak in their behalf. He stated that the variance, if approved, will have virtually no effect on the adjacent property as there is a block wall on the eastern side, approximately 6 feet high. The adjacent residence is also single - story with no windows on the western side of their property. Mr. Shaw stated that his second story is partially completed with a thirty (30) inch overhang encroaching into the five (5) foot sideyard requirement fr e property line. He stated that the overhang is unusable floor space with an 18-inch pony wall or approximately one-half the distance to the property line at an eight (8) foot height. Mr. Shaw outlined the sequence of events with the permit process. He stated that he did install the windows on the second floor -2- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Three as he felt as they were stained glass, providing no visability to the adjacent dwelling, they would not be a problem. He said he would have no objection to closing them off. Mr. Shaw stated there are homes in the Harbour where bay windows were installed thirty (30) inches from the property line and questioned how they were approved. Mr. Shaw was under the impression that the inspections which had transpired were finaled. In August, 1983, when Mr. Morris (City Inspector) came out to make a final inspection of the roof and framing, he informed the applicant that because of the length of time between construction and inspections, possibly new permits would have to be pulled. Thereafter, a ""top -work" order was posted at the site. Mr. Shaw stated that since the "stop work" order was posted, no work has been performed. He stated that the brown -coat exterior of the home was completed prior to the "stop -work" order. No insulation, drywall, etc. has been installed to the interior of the addition. He stated that electrical problems were corrected by Fowler Electric located within the City of Huntington Beach; that plumbing and electrical were finaled (City permits were not signed off as finaled) . Robert Shaw stated that on numerous occasions the encroachment was discussed with Donald Shaw, City Plan Checker, felt to be an architectural feature. Mr. Shaw said he is in receipt of a letter signed by all of his neighbors which states they do not feel the encroachment is a problem. There being no one else present wishing to speak in favor or opposition of the applicants request, the public hearing was closed. Board discussion ensued covering interpeetation of the Code as to architectural features, continuance of the application to allow staff time to contact inspector (Bill Morris) who is no longer with the City to verify discrepancies, and the fact that nonconformance with the Zoning Code does exist. Board Member Vogelsang was questioned on what the Building Code would require of a single-family residence located less than three (3) ft. from the property line. He replied that the Code would require no openings, a one (1) hour fire wall and a thirty (30) inch parapet. A MOTION WAS MADE BY GODFREY, AND SECOND BY VOGELSANG, TO DENY CONDITIONAL EXCEPTION NO. 84-30 WITH FINDINGS FOR DENIAL AS FOLLOWS, SUCCEEDED BY VOTE: FINDINGS FOR DENIAL - C.E. NO. 84-30 1. Because of the size, configuration and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land that apply generally to property or class of uses in the same district. 2. Since the subject property can be fully developed within regular established setbacks, such a conditional exception is not -3- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 _ Page Four necessary for the preservation and enjoyment of substantial property rights. 3. The granting of Conditional Exception No. 84-30 to allow a 2 ft. 2 inch encroachment into the required five (5) ft. sideyard setback would constitute a special privilege inconsistent with other properties in the vicinity and under the same zoning classifica- tion. 4. A conditional exception may not be granted in violation of Section 504 of the Uniform Building Code - 1979 Edition. AYES: Godfrey, Vogelsang, Poe NOES: Smith, Evans ABSTAIN: None The appeal process was explained to the applicants. ADMINISTRATIVE REVIEW NO. 84-38 Applicant: Burger King Corporation To permit a 2,400+ sq. ft. restaurant building with drive-thru lane and playground. Site location is within the Newland Center (Beach and Utica) . Chairman Smith introduced the applicant's proposal and stated that this request is categorically exempt, Class. 1; under the California Environ- mental Quality Act of 1970. Staff informed the Board Members that Burger King has leased from Signal Landmark a vacant portion of Parcel 6 for construction of a restaurant with drive-thru lane and a playground proposed to the north of the building. The Zoning Code requires that this parcel be created prior to lease/sale of the parcel. The overall shopping center was approved a number of years ago with sufficient landscaping for the entire complex with landscaping for this particular area required as depicted on the applicant's plan. Pat Fusco, Civil Engineer for the project, addressed the Board. He questioned the Board on the condition that a parcel map is required to be recorded prior to final inspection to establish lease line. He felt that as Burger King was leasing a commercial building on a recorded single -parcel within the commercial center, his interpretation of the Subdivision Map Act is that a parcel map is inapplicable to this particular project. Following discussion, it was felt -by the Board Members that a parcel map was required. It was suggested that the applicants discuss the matter with the Attorney's Office for clarification. The applicants were informed that the Board of Zoning Adjustments has no authority to approve signs for the proposed project. It was suggeste that they check with the Planning Staff to see whether or not their signs meet the Planned Sign Program. -4- BZA 6/13/84 Minutes: H.B. June 13, 1984 Page Five Board of Zoning Adjustments ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-38 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated May 18, 1984 shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall file a parcel map to establish lease line on Parcel 6 of T.P.M. 79-572. Said map shall be recorded prior to final inspection. 3. 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. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 5. Driveway approaches shall be a minimum of twenty-seven (27) ft. in width and shall be of radius type construction. 6. Prior to installation of playground, elevations/brochure depicting equipment and apparatus shall be submitted to the Secretary of the Board for review and approval. 7. Directional signs are limited to traffic information only; no advertising or business identification shall be permitted. 8. All signs shall comply with Article 976 of the Huntignton Beach Ordinance Code and Planned Sign Program 81-1. 9. Proposed structure shall be architecturally compatible with structures located within the shopping center. 10. Low -volume heads shall be used on all spigots and water faucets. 11. 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. 12. 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. -5- BZA 6/13/84 Minutes:- H.B. Board of Zoning Adjustments June 13, 1984 Page Six 13. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 14. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating -units. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None The appeal process was explained to the applicants. ADMINISTRATIVE REVIEW NO. 84-39 Applicant: S. Y. Kimball To permit construction of four (4) model homes including one (1) sales office enclosed in one garage. Site location is Channel Isle Drive. The plans and elevations for the intended sales models were viewed by the Board Members. Conditions, as suggested by staff, were discussed with the applicant. Mr. Kimball was informed that twenty (20) parking spaces -are required in lieu of eleven (11) shown on the plan. Mr. Kimball informed the Board that his plans are in plan check pending the Board's approval. Fire requirements were discussed: 1) all models constructed shall be accessible to fire department apparatus by way of access roadways with driving surface 20 feet in width and 2) that fire hydrants,where deemed necessary by the Fire Department, shall be service- able prior to and during the time of construction. ON MOTION BY POE AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 84-39 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED -BY VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan dated May 21, 1984, 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 Department of Development Services and Public Works for review and approval prior to final inspection. 3. A plan delineating various directional signs, landscaping and irrigation, shall be submitted for review and approval by the Department of Development Services and Public Works and installed prior to final -inspection. 4. Project identification (subdivision directional) sign.shall comply with Article 976 (Sign Code) of the Huntington Beach Ordinance Code. 1 5. All access roads shall meet with the approval of the Fire Department -6- -BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Seven prior to any combustible construction. 6. All access roads shall extend within a minimum of 150 feet to the farthest point of the exterior perimeter of the model homes. 7. 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. 8. Security fencing, gates, locking devices, ingress and egress from streets and parking areas shall be reviewed and approved by the Fire, Police and Development Services prior to issuance of building permit for fence. 9. The office use shall be discontinued within 30 days following sale of the last onsite unit. A surety 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 only serve the tract specified in subject administrative review application. 10. Sales office shall not be converted or expanded into a general business office. 11. Fire lanes as determined and approved by the Fire Department shall be posted and signed. 12. Parking lot shall be installed to provide a minimum of twenty (20) spaces. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-40 Applicant: Mercury Savings c/o Mel Kapson To permit expansion of use to adjacent parcel. Site location is at 7812 Edinger Avenue. Following introduction of the applicant's request, Chairman Smith informed all concerned that this proposal is categorically exempt, Class. 1, under the California Environmental Quality Act of 1970. The applicant wishes to use the adjacent property as a parking lot for his patrons, of which property is presently in escrow. As the applicant was unable to attend today's hearing, conditions of approval suggested by staff were discussed by telephone with Mr. Kapson receiving his concurrence. The plans were reviewed by the Board Members noting that modifications will be necessary to the plan to provide a twenty-seven foot turning radius and 2,700 feet of landscaping, both of which can be accomplished. -7- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984. Page Eight ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-40 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY_VOTE: CONDITIONS OF APPROVAL: 1. A revised plan shall be submitted depicting: - a. turning radius of twenty-seven (27) feet. b. eight (8) percent of site landscaped. 2. Prior to issuance of building permits, the applicant shall submit a landscape and irrigation plan to the departments of_Development Services and Public Works for review and approval."- 1 3. Maximum height of security fencing shall not exceed eight (8) ft. as depicted on elevation. AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-44 Applicant: John D. Lusk & Son To permit construction of a 20,529 sq. ft. office/warehouse building to be located -at 15751 Graham Street. Chairman Smith introduced the application and stated that this proposal is covered by E.I.R.-No. 73-16. Staff informed the Board Members that this project is substantially in conformance with the Zoning Ordinance and per the applicant, additionally is in conformance with the Huntington Beach Industrial Park CC&R's as to architectural standards.(statement made on application). Conditions for approval were discussed with no representation present. ON MOTION BY GODFREY AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-44 WAS GRANTED APPROVAL WITH THE FOLLOWING CONDITIONS IMPOSED, SUCCEEDED BY VOTE: CONDITIONS OF -APPROVAL: 1. The site plan, floor plans, and elevations received and.dated.May 30 1984, shall be the approved layout. 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating Lots 17 and 18 of Tract 8746. 3. Prior to issuance of building permits, the applicant shall submit -8- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Nine 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. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 5. Driveway approaches shall be a minimum of twenty-seven (27) ft. in width and shall be of radius type construction. 6. Onsite fire hydrants shall be provided in number and at locations specified by the Fire Department. 7. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 8. Low -volume heads shall be used on all spigots and water faucets. 9. 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. 10. 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. 11. If fail -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 12. 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 regrading grading, chemical and fill properties, foundations, re- taining walls, streets, and utilities. 13. 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. 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 permit(s). AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSTAIN: None -9- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Ten USE PERMIT NO. 84=48 Applicant:- St. Wilfrid's Episcopal Church To permit a church sponsored carnival on church grounds as follows: June 15, 1984 - 5:00 p.m. to 9:30 p.m., June 16, 1984 - Noon to 9:30 p.m., and June 17, 1984 - Noon to 6:00 p.m. Site located is at 18631 Chapel Lane. Chairman Smith introduced the "special event" and stated that this request is categorically exempt, Class. 11, under the California Environmental Quality Act of 1970. Staff informed the Board Members that in 1983 the applicant appeared before the Board with the same request showing the same layout for rides, booths, etc. The Police Department advised staff that -there -were no problems connected with last year's carnival felt to be created by the fact that the site is located away from Ellis Avenue with good access and parking on the adjacent property owned by the Church. Mr. Bethe was present to speak in favor of the carnival. Conditions for approval were discussed with Mr. Bethe. ON MOTION BY EVANS AND SECOND BY POE, USE PERMIT NO. 84-48 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, FOLLOWED BY VOTE: CONDITIONS OF APPROVAL: 1. The site plan received and dated June 11, 1984, shall be the approved layout. 2. A certificate of insurance and hold harmless form shall be filed in the Administrative Services Department five (5) days prior to the event. 3. Prior to operation of any equipment used in conjunction with the amusement rides, the City shall -be in receipt of State Certification and permits, showing inspection within a one,(1) year period and stating that the rides meet all requirements of the State Industrial Safety Division. 4. All"requirements of the Ordinance Code shall be met. 5. An onsite inspection by the Fire Department shall.be required prior to the event. 6. Use of amplifiers, speakers, musical instruments, and playing of recorded music is to be discontinued as of 9:00 p.m. each evening. 7. All operations of the festival, including machinery (other than necessary refrigeration units, if provided) shall desist between -10- BZA 6/13/84 Minutes: H.B. Board of Zoning Adjustments June 13, 1984 Page Eleven the hours of 9:30 p.m. and 8:00 a.m. 8. If a refrigeration truck is provided, it shall be placed as close to Chapel Lane as possible to minimize noise from the unit to the adjacent residential neighborhood. 9. Alcoholic beverage sales are subject to the review and approval of the Alcohol Beverage Control Board. 10. A certificate to operate shall be issued by the Director of Development Services. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None There being no further business, the meeting was adjourned to the Monday morning study session on June 18, 1984 at 10:00 a.m. Glen K. Godfrey, Secretary Board of Zoning Adjustments II -11- BZA 6/13/84