Loading...
HomeMy WebLinkAbout1984-07-25 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, JULY 25, 1984 - 1:30 PM BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, California Godfrey, Smith, Evans, Vincent, Vogelsang Pierce, Poe, Hess MINUTES: ON MOTION BY EVANS AND SECOND BY GODFREY THE MINUTES OF THE REGULAR MEETING OF JUNE 20, 1984 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSTAIN: None 1. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-41 (UP 84-58) Applicant: William Tovatt To permit continued access to a garage from a public street rather than from the alley for property located at 708 California Street. Susan Pierce reported that structures on the property other than the residence and the enactment of the Old Town Specific Plan in 1976 have made this property nonconforming. The most critical point of nonconformity is the street access, to which the applicant is requesting the variance; also, alley dedication of 2.5 feet will leave a storage building at the rear of the property within 1 foot of the rear property line. There is a grade differential between the subject property and the alley; however, there is a rear gate with an automobile parked outside the gate adjacent to the alley so it is evidently possible to access the property from the back. If the application is not granted the owner will be required to remove an existing tree, remove a rear service porch, relocate the door to the garage, and reinstall the parkway, walk, and curb along California Street. The public hearing was opened. . Mr. Tovatt addressed the Board in support of his request. He described his intent to maintain the architectural integrity of the Minutes, H,B. Board of Zoning Adjustments July 25, 1984 Page 2 house in his second -story addition, assuring the Board in response to an inquiry that the dwelling will remain single-family and no apartment or separate unit is contemplated. He said that the alley access would probably mean the loss of the storage building as well as the tree and the service porch and would leave him with a single garage with difficult access. The public hearing was closed. The Board discussed the intent of the Specific Plan's requirement for alley access. Daryl Smith expressed the opinion that it had been primarily because of the trend away from Rl to multiple family construction, in an effort to relieve the resulting congestion on local streets. It was noted that there are four other sites on the same block with access off California Street. Jim Vincent reported that the alley narrows just adjacent to the subject property with a utility pole in the right-of-way, making it very difficult to get sufficient turning radius to enter a garage. ON MOTION BY VINCENT AND SECOND BY SMITH CONDITIONAL EXCEPTION NO. 84-41 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. Because of special circumstances applicable to the subject property, 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. 2. The subject property is elevated above alley grade. 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 Conditional Exception No. 84-41 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntinaton Beach. 6. There is sufficient guest parking space in the front of the sub- ject property to satisfy the guest parking need. 7. This approval of the conditional exception request shall not be construed as setting a precedent for new development or -2- 7-25-84 - BZA Minutes, H.B. Board of Zoning Adjustments July 25, 1984 Page 3 multi -family development in the area, as it is allowed in conjunction with the expansion of an existing single- family residence only. 8. The existing structures in the alley setback area and the utility pole in the right-of-way, as well as the topography of the property, impose a definite hardship on the site. CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated July 9, 1984 shall be the approved layout. AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None USE PERMIT NO. 84-58 (CE 84-41) Applicant; William R. Tovatt To permit an'addition to a residence with nonconforming yards located at 708 California Street. Susan Pierce reported that, with the prior approval of Condi- tional Exception No. 81-41, staff is recommending approval of the use permit request. The public hearing was opened. Mr. Tovatt again addressed the Board to state that none of his neighbors have any objection to the reduced setback of his garage; in fact, he stated that it benefits his immediately adjacent neighbors by acting as a fence for them. He added that the garage and,the house will be stuccoed and color -coated the same. The public hearing was closed. ON MOTION BY EVANS AND SECOND BY VINCENT USE PERMIT NO. 84-58 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, 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.' -3- 7-25-84 - BZA Minutes, H.B. Board of Zoning Adjustments July 25, 1984 Page 4 2. The granting of the 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: 1. The site plan, floor plans, and elevations received and dated July 9, 1984.shall be the_approvecl layout. 2. The development -'shall comply with -all applicable -provisions of the ordinance -,code, Building Division, and Fire Department. 3. All proposed structures shall be architecturally compatible with existing structures. 4. A parcel map shall be -filed to consolidate the lots Ifi-E ' one " parcel. Said parcel map shall be recorded in the office of the County Recorder and a copy of the recorded map submitted to the Department of Development Services prior to -final inspection of the building. -- AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: --None ABSENT: None ADMINISTRATIVE REVIEW -NO. 84-49/NEGATIVE DECLARATION NO. 84-22 Applicant: --'Dr: Richard A. Graham To permit.construction"of two medical office buildings at'-_ 18582 Main Street. Susan -Pierce reported that the_subject property consists -of three long narrow -.lots -with irregular configuration. Access is -"difficult because the -configuration of the -center median makes_ exiting,'a'--- right-turn-only situation. If the -site plan_ before, the Board were to be -approved -on ---its own merits only it -meets code requirements. However, --a condition previously -imposed on -the developer -of the ad- jacent property -had -allowed him to have substandard parking along the property line provided that;he,participate in an irrevocable offer for reciprocal ingress and -egress -with the subject property. There is concern that the layout of the buildings on the subject site may -or -may -not allow the -lining up -of the access points to the two developments. Ms. Pierce=noted that no, document offering this reciprocal easement has been --located in the department files. The Board discussed extensively the desirability of providing a through flow of circulation between the two properties and methods of.obtaining this end. The possibility of shifting parking space locations or building pads was discussed, as -,well as down=sizing of a structure. Dr. Graham, applicant, indicated that any reduction -4- 7-25-84 - BZA Minutes, H.B. Board of Zoning Adjustments July 25, 1984 Page 5 of building size would render the project unfeasible, but he would be willing to contact the adjacent property owner to attempt to gain participation in a mutual access agreement. Procedure was discussed and it was the consensus of the Board that conceptual approval could be granted with a condition attached to require the reciprocal easements. ON MOTION BY EVANS AND SECOND BY GODFREY NEGATIVE DECLARATION NO. 84-22 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None ON MOTION BY EVANS AND SECOND BY VINCENT ADMINISTRATIVE REVIEW NO. 84-49 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifi- cations described herein: a. A reciprocal drive. b. Bays on the adjacent southwesterly property (Lot 5, Tract 58 9) . " 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Departments of Public Works and Development Services for review and approval. b. Rooftop mechanical equipment plan. Said plan shall in- dicate'screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. The development shall comply with all applicable provisions of the ordinance code, Building Division, and Fire Department 4. Driveway approaches shall be a minimum of'twenty-seven (27) feet in width and shall be of radius type construction. 5. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 6. Low -volume heads shal-l'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. -5- 7-25-84 - BZA Minutes, H.B. Board'of Zoning Adjustments July 25, 1984 Page 6 8. If lighting -is included in the parking lot,=high-pressure sodium vapor lamps shall'be'used for energy savings. All out- side 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 samp- ling 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 a s approved by the Building Division. 11. The subject property shall enter into irrevocable reciprocal driveway and -parking easement(s) between the subject site and adjacent south properties. A copy of the legal instrument(s) effecting such agreements shall be approved by the City Attorney as to -form and content and, when approved, shall be recorded with the office of the County Recorder and a copy filed with the.Department of Development_.Services. AYES: Godfrey, -Smith, Evans, Vincent, Vogelsang NOES:- None ABSENT: None TENTATIVE PARCEL MAP NO. 84-584 (AR 84-49) . Appli6ant:"-1Dr. Richard A Graham'. A request to permit -consolidation of--three"--(3)--lots -into-one (1) parcel on'property-located at 18582_Main Street. The request"is.a Categorical Exemption, Class-15,-California Envir- onmental Quality'Act, 1970. - - -- Les Evans pointed out that the request for waiver does not*meet the intent'of.the ordinance,.since street improvements are not in. Susan Pierce suggested that the applicant could request a continu- ance until street improvements have -been made or file--a'-.-full parcel map application.'.' Building permits can'be-issued as long as the map has been applied for. A letter would have to be submitted to the Board asking for a continuance of this map to a date certain, so applicant will need to make an estimate as to how long it will take him to complete the street improvements. ON.MOTION BY-VINCENT AND SECOND -BY EVANS TENTATIVE PARCEL MAP NO. 84-584 WAS CONTINUED TO THE MEETING OF.AUGUST 1, 1984 TO PER- MIT APPLICANT TIME TO SUBMIT A LETTER OF INTENT -ON THE STREET IMPROVEMENTS,.BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent, V_oge.lsang NOES: None ABSENT: None -6- 7-25-84 --BZA Minutes, H.B. Board of Zoning'Adjustments July 25, 1984 Page 7 LOT LINE ADJUSTMENT NO. 84-8 Applicant: Emerald Engineering To permit a lot line adjustment on property "located on the cul,-de-sac of Reynolds Circle approximately 300 feet east of Baker Lane. Subject request is a Categorical Exemption, Class 15, California Environmental Quality Act, 1970. Staff reported that the adjustment will still result in two lots over the minimum square footage required by code. Brief Board review took place. ON MOTION BY EVANS AND SECOND BY GODFREY LOT LINE ADJUSTMENT NO. 84r-8 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The lot line adjustment is consistent with the criteria out- lined in Section 9811.2.1 of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL:.'. 1. The applicant shall submit a copy of the recorded lot line adjustment to the Department of Development Services.. 2. All previous conditions of approval imposed on Tentative Parcel Map No. 80-560 shall remain in effect. 3. The plan received July 12, 1984 shall be the approved, layout, AYES: Godfrey, Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 84-11 Applicant:" Carl Karcher Enterprises, Inc. '(Richard' Renna, agent) To permit construction',of a:wa-lk-in freezer addition to an existing Carl's. Jr. restaurant on the. -east side of Brookhurst Street south of Hamilton Avenue. Subject -request is--a;Categorical Exemption, Class 3, California Environmental Quality,TAgt, ­1970.' Staff reported that the -.freezer is proposed to be located in the area between"the-existing restaurant and the rear drive - through. It is being recommended that this area be the only part of the plan to be approved, .that the exterior be compatible -7- 7-25-84 - BZA Minutes, H.B. Board.of Zoning Adjustments July 25, 1984 Page 8 with the existing building, and that the roofline treatment be equal or similar to.the existing restaurant roof. Richard Renna, representing the application, said that in the past the freezers they have installed have had flat,roofs, and to put a mansard roof -on this structure riight_not be economically justifiable._ The Board discussed the visibility of the location from the streets. Also reviewed was the question of whether or -not there would be mechanical equipment installed on the roof of the freezer structure. It was concluded that the location -at -the -rear of the property behind an adjoining'service station would preclude any adverse visual impact of,'the project unless rooftop equipment were to be used. ON MOTION BY -SMITH AND_ SECOND BY EVANS.-SITE-PLAN AMENDMENT NO.:84-11 WAS APPROVED-WITH.THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS -OF -APPROVAL: 1. The walk-in - freezer area shown on the.site plan received and dated July.-5; 1984 shall.be,thevapproved-layout: -This plan amends Use Permit No. 72-22. 2. The proposed addition shall be architecturally compatible with the existing, -'structure in -wall -treatment and other -architectural features." However; a mansard roof treatment shall be required only if rooftop facilities such as motors, airconditioning units; --etc. ; are --'to be located -on "the"roof, in: -which case the mansard shall --be required for -screening said equipment. AYES: Smith;'Evans-, Vincent; Vogelsang --- NOES: Godfrey`,: _ ABSENT: None TENTATIVE PARCEL MAP NO. 84-585 Applicant: Hancock,:Development Company, Inc. To permit -the division of a mixed use project into four-(4) parcels on property located -on the northeast corner of -Warner -Avenue and Gothard Street. This request has been' -filed in conjunction'with-other applications to be heard by the Planning Commission. ON-MOTION-BY'GODFREY AND SECOND BY SMITH TENTATIVE PARCEL MAP NO. 84-585 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF AUGUST 21, 1984 TO BE HEARD IN CONJUNCTION WITH -CONDITIONAL USE PERMIT NO. 84-20, CONDITIONAL EXCEPTION NQ.'84-04, AND NEGATIVE DECLARATION NO. 84-25, BY -THE FOLLOWING VOTE: AYES: Godfrey,_Smith, Evans, Vincent, Vogelsang NOES: None ABSENT: None 1 -8-'- 7-25-84 - BZA 1 n L_ Minutes, H.B. Board of Zoning Adjustments July 25, 1984 Page 9 MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 84-61 Applicant: Vista Centre To permit a temporary outdoor event for a grand opening to be held on August 4 and 5, 1984 on property located on the west side of Beach Boulevard north of Slater Avenue. Susan Pierce' reported that the project will consist of a hot food trailer located in the parking lot of the commercial center, with possibly balloons and flags as well. The trailer will take up about 5 parking spaces for the two-day event.. Les Evans pointed out that all public improvements are not completed and he would like to have a condition imposed to re- quire.completion prior to the opening event. The Board reviewed the suggested conditions of approval for the proposal. ON MOTION BY VINCENT AND SECOND BY EVANS USE PERMIT NO. 84-61 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL.- 1. The conceptual site plan received July 20, 1984 shall be., the approved layout. 2. A certificate of -insurance form shall be filed in the Ad- ministrative Services Department in an amount deemed -nec- essary by the Public Liability Claims Coordinator, along, with a Hold Harmless agreement executed by insured, at least five (5) days prior to the event. 3. All outside cooking facilities shall be approved as to type and location by. the Fire Department prior to the -event. 4. The applicant shall provide for cleanup of the area each evening after closing.of the -event. 5. The applicant shall obtain all.necessary electrical permits. 6. A certificate to operate'shall be' issued by the Department of Development Services prior to operation of the grand opening (temporary -.'outdoor event). Said certificate shall not be issued until.applicant has filed with Development Services a clearance.from"the Department of Public Works certif ying that,all.public facilities have been completed. AYES: Godfrey, Smiih','.Evans, Vincent, -Vogelsang NOES: None ABSENT: None -9- 7-25-84 - BZA Minutes, H.B. Board of Zoning Adjustments July 25,-1984 Page 10 USE PERMIT NO. 84-51 Applicant: Loretta Wolfe Request to permit" aif addition" to "-a- structure with nonconforming yards located at 411 Sixth Street,.previously approved by the'. - Board. Susan Pierce reported that further analysis has revealed that amended action=is- needed on this.request in regard.to-street-im- provements-and_-dedication on Sixth -Street. The site plan will be, - reviewed and property may later be required for dedication but if so it will be the-2.5 foot alley -dedication. ON MOTION-BY-EVANS;AND SECOND BY SMITH THE CONDITIONS OF APPROVAL FOR USE PERMIT NO. 84-51 WERE AMENDED TO DELETE THE REQUIREMENT OF DEDICATION .FOR FRONT SETBACK, ;BY_ THE -FOLLOWING VOTE:::,.- AYES: Godfrey,,Smith; Evans, Vincent, Vogelsang NOES: None ABSENT:--None- USE PERMIT NO.-84-55 - Applicant: -Sts. Simon-& Jude_Catholic-Church `- A previously approved request to hold an annual fall festival in October, 1984--on church property located at 20444 Magnolia Street. Staff reported that a Police Department recommendation for..uniformed officers to work at the festival this year, as'in past years, had inadvertently been omitted from the conditions of approval. for the project. ON MOTION BY"EVANS AND SECOND,BY-SMITH,,CONDITION NO. 14 WAS ADDED TO THE CONDITIONS OF APPROVAL FOR -USE - PERMIT `NO.`--84-55'AS FOLLOWS, BY THE FOLLOWING VOTE: 14. Applicant-shall"provide at'-applicant'"s--expense police officers to work the festival, in the same number as were employed for this purpose last year. AYES: Godfrey;.Smith, Evans,. -Vincent, Vogelsang NOES : - ' - None _ ABSENT: None The meeting -adjourned to the review meeting on Monday, July 30, 1984 at 10:00 a.m. Glen K..Godfrey, Se tar Board of Zoning Adjustments -10- 7-25-84 - BZA 1