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HomeMy WebLinkAbout1984-08-151 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street ' Huntington Beach, California WEDNESDAY, AUGUST 15, 1984 - 1:30 PM BOARD MEMBERS PRESENT: STAFF PRESENT: Godfrey, Smith, Evans, Vogelsang, Poe Pierce, Strange MINUTES: ON MOTION BY EVANS AND SECOND BY GODFREY THE MINUTES OF THE REGULAR MEETING OF AUGUST 1, 1984 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Poe NOES: None ABSENT: Vogelsang AGENDA ITEMS TO BE CONTINUED: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-44 Applicant: Wayne Howard Construction To permit reduction in open space from 900 square feet required to 860 square feet provided on the rear two-thirds of the lot of a single-family residence on the west side of Alden Lane approxi- mately 240 feet north of Winslow. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act, 1970. Susan Pierce analyzed the request, informing the Board that the original structure was built to a 20 foot setback in the early 60's; today's requirements would have allowed the side -entry garage to come within 10 feet of the front property line and allow the added 10 feet to the rear of the property. The proposed reduction is about 5 percent short of meeting the requirements and a precedent exists for granting the variance because of the placement of the dwelling and the minimal reduction in open space. The public hearing was opened. James Relihan, representing the home owner, said that the side setbacks are wider than required by code and the total lot cover- age is well under the maximum allowed. The intent of the new Minutes, H.B. Board of zoning Adjustments August 15, 1984 Page 2 plan is to follow an existing wall line; he also noted that there are other additions in the tract of a similar nature. There were no other persons to speak for- or against the proposal and the public hearing was closed. The Board discussed the size of the open space reduction and the question of architectural compatibility with the existing residence. Mr. Relihan said that the new addition will conform exactly to the present structure. Les Evans inquired why the addition could not just be reduced to meet'the open space requirement, and the appli- cant's representative pointed out that this would cut an existing laundry room and family room back between 2 and 4 feet and result in the building walls not lining up. ON MOTION BY EVANS AND SECOND BY GODFREY CONDITIONAL EXCEPTION NO. 84-44 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS! 1. Granting of Conditional Exception No. 84-44 is justified be- cause the home has been located 20 feet from front property line in lieu of 10 feet minimum as_required today. This siting restricts development in compliance with current open space requirements. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 84-44 will not be materially detrimental -to the public welfare or injurious to property in the same zone classifications. 4. 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 received and dated July 30, 1984 shall be the approved layout. 2. The addition shall be architecturally compatible with the exist- ing dwelling. AYES: Godfrey, Smith, Evans, Poe NOES: None ABSENT: Vogelsang -2- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984 Page 3 LOT LINE ADJUSTMENT NO. 84-10 (SPA 84-12) Applicant: Kaiser Foundation Health Plan, Inc. To permit a lot line adjustment to incorporate a 10 by approxi- mately 396 foot strip of property into existing parcel to allow revised parking layout on property located on the west side of Beach Boulevard 359 feet south of Talbert Avenue. This request is a Categorical Exemption, Class 15,, California Environmental Quality Act, 1970. John Vogelsang arrived at the meeting at this point. Susan Pierce explained that the subject property had originally consisted of many small encyclopedia lots, and there was an easement over the 10 foot strip to some other encyclopedia lots to the rear. As the City never recognized the existence of that easement, it has now been agreed to process this lot line adjust- ment so that the strip can be officially and legally merged to -the existing complex and integrated into the site. City Engineer Les Evans indicated his department's satisfaction with the adjustment. A representative of the applicant was present in the audience but had no questions or comments on the matter. ON MOTION BY EVANS AND SECOND BY GODFREY LOT LINE ADJUSTMENT NO. 84-10 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The lot line adjustment is consistent with the criteria outlined in Section 9811.3.1 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. The plan received and dated July 23, 1984 shall be the approved layout. AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSENT: None -3- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984 Page 4 SITE PLAN AMENDMENT NO. 84-12 (LLA 84-10) Applicant: Kaiser,Foundation Health Plan, Inc. To permit parking lot revision for a previously approved health care facility located on the west side of Beach Boulevard approximately 360 feet south of Talbert Avenue. Susan Pierce reported that the revision and resurfacing of the park- ing lot will result in all spaces and drives now meeting the minimum requirements of Article 979. Staff is recommending approval, which will amend Administrative Review NO. 74-82 only with respect to the parking lot layout and will have no effect on the other aspects of that entitlement. No changes are proposed in the building on the site. Terry Little, architect for the applicant, explained the changes in the layout. The original layout was circular with radial park- ing stalls; this layout provided space for 110 cars. The layout has been modified to provide perpendicular parking and decrease the use of the parking lot as a "race track.' The new layout has increased parking by 63 stalls. The new layout also provides for more landscaping than existed on the site, and this landscaping is in a better location, according to the applicant. Attempts will be made to retain as much of the mature landscaping specimens as possible. The Board discussed the adjoining uses in regard to screening, and suggested requiring a new landscaping and irrigation plan to be submitted. The applicant indicated that there is a new plan which has been submitted with the application for building permits. ON MOTION BY EVANS AND SECOND BY GODFREY SITE PLAN AMENDMENT NO. 84-12 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan received and dated August 7, 1984 shall be the approved layout. This plan amends Administrative Review No. 74-62. 2. The lot line adjustment shall be recorded prior to final in- spection of the parking lot revision. 3. A landscape plan shall be submitted for review and approval by the Departments of Public Works and Development Services. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSENT: None -4- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984 Page 5 USE PERMIT NO. 84-63 Applicant: Larry A. Canter To permit a sidewalk sale for merchants within a shopping center and to permit an area to be used for dog wash and low cost vaccination clinic on property located at the northeast corner of Brookhurst Street and Adams Avenue. Susan Pierce reported thatin discussing this previously approved use permit with Orange County health officers, she has been advised that no waste water can be allowed to wash into the City sewer system or onto the streets or to remain onsite. The Health Department and the Orange County Agricul- tural Commission will require that all wastes be packaged and taken to an authorized disposal site. This includes prohibi- tion against any discharge of such wastes into the storm drain system. The applicant had indicated at a prior hearing that waste water would be diluted and left on the surface to dry; this will not be allowed by the above -mentioned County Agencies. Ms. Pierce suggested that the Board amend the conditions of approval on the project to cover the requirements of the County. ON MOTION BY SMITH AND SECOND BY POE THE BOARD DETERMINED TO RECONSIDER USE PERMIT NO. 84-63, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSENT: None Larry Canter was present at the meeting and said that he had met with concerned residents of the abutting area, telling them that he would not apply again for this use. He indicated that the persons he talked had seemed satisfied to know that this six -hour event would not be held again at this location, and said that his impression was that the residents had greater concerns with the shopping center operation itself. Mr. Canter said that he has instructions in writing from the Orange County Health Department which'seem contrary to what the health officers had told Ms. Pierce. He indicated his wil- lingness to comply with the disposition of solid wastes from the site, but said the water would have to be handled in the manner originally stated in his documentation from the Health Department. Extensive discussion took place among Board members in regard to the complaints received and the apparent discrepancies in direction from the County agencies. Glen Godfrey reported that his conversations with the residents had indicated that they were concerned with the smells, dog droppings, and noise which would result from the event. No other persons were present to comment either for or against the proposed use. -5- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984 Page 6 Chairman Smith, noting that resolution of the conflicting informa- tion from the County agencies is the responsibility of the applicant, suggested that Mr. Canter meet with both County depart- ments to obtain confirmation of his written requirements. ON MOTION BY VOGELSANG AND SECOND BY POE THE BOARD DETERMINED TO RE -APPROVE USE PERMIT NO. 84-63 SUBJECT TO THE FOLLOWING MODIFICA- TION, BY THE FOLLOWING VOTE: AMENDED CONDITION NO. 5: The applicant shall provide for clean up of the areas after the closing of the event per Orange County Agricultural Commission and Orange County Environmental Health Department regulations. All other previously imposed conditions of approval remain appli- cable to the event. AYES: Smith, Evans, Vogelsang, Poe NOES: Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 84-45/USE PERMIT NO. 84-64 Applicant: Shell Oil Company A request for a variance from parking requirements for a proposed self -serve station/automatic car wash/convenience market to be located at the southeast corner of Bolsa Avenue and Edwards Street. Staff reported that these requests have been filed in conjunction with other applications to be heard by the Planning Commission. ON MOTION BY EVANS AND SECOND BY SMITH CONDITIONAL EXCEPTION NO. 84-45 AND USE PERMIT NO. 84-64 WERE REFERRED TO THE PLANNING COMMISSION TO BE HEARD IN CONJUNCTION WITH CONDTIONAL USE PERMIT NO. 84-24, ZONE CASE NO. 84-14 AND NEGATIVE DECLARATION NO. 84-28, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 84-590 Applicant: Steven P. Semingson (Wilmore City Development) To permit a two -parcel division of land on property located on the east side of Beach Boulevard south of Atlanta Avenue. This request is a Categorical Exemption, Class 15, California Environmental Quality Act, 1970. -6- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984' Page 7 Dick Harlow was present at the meeting to represent the appli- cation. Susan Pierce reported that this map is an amendment to Parcel Map No. 83-553. It is a two -parcel map with Parcel 1 to be developed with an affordable housing project and Parcel 2 consist- ing of a Beach Boulevard frontage road and a strip of land be- tween the frontage road and the highway. Parcel 2 does not meet the City zoning ordinance for minimum street frontage and would have to be approved as an unbuildable site. Mr. Harlow explained that there had been conditions imposed on The Breakers project (proposed Parcel lj that applied to the frontage road over which they had no control. The map is for the purpose of separating that portion -of the property from the Breakers; the owner of Parcel 2 then will be responsible for negotiating for abandonment of the existing frontage road and creation of a new frontage road as well as negotiations with the owners of the existing shopping center. The Board reviewed the suggested conditions of approval. ON MOTION BY SMITH AND SECOND BY GODFREY TENTATIVE PARCEL MAP NO. 84-590 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed parcel map creates a parcel for the purpose of accommodating an affordable residential development which is in compliance with the size and shape of property necessary for that type of development and a parcel for the purpose of accommodating a utility easement. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementa- tion 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 high density residential development was placed on the subject property. CONDITIONS'OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on August 14, 1984 shall be the approved layout. -7- 8-15-84 - BZA Minutes, H.-B. Board of Zoning Adjustments August 15, 1984 Page 8 2. All vehicular access rights shall be dedicated to the City except at locations as designated on the site plan approved by Use Permit No. 82-44 and at such future locations as approved by the City. 3. Prior to issuance of a certificate of occupancy, the flood con- trol channel shall be fenced to a height set forth by the Orange County Flood Control District standards. 4. All applicable conditions imposed on Use Permit NO. 82-44 shall apply to Parcel 1. 5. A detailed landscape plan shall be submitted to the Directors of Development Services and Public Works for review and approval. Said plan shall depict intensified landscaping within the median adjacent to Beach Boulevard. 6. The final parcel map when submitted shall stipulate that Parcel 2 in its present configuration is not a legal building site. 7. Adequate provisions shall be made per Public Works to provide utility easement in Parcel 2. 8. Temporary access shall be provided to the existing frontage road to the satisfaction of the Director of Public Works. 9. The developer shall participate (25 percent) in the installation of traffic signalization at Sunrise and Beach Boulevard (at the entrance to the frontage road). 10. The Edison facility transmission lines shall be relocated to the satisfaction of the Department of Public Works. 11. The four (4) foot utility easement and walkway located on the westerly property line shall be revised to include a pedestrian walkway. 12. Compliance with all applicable City ordinances. 13. A copy of the recorded parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. A copy of this recorded document shall be submitted to the Department of Development Services. AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSENT: None -8- 8-15-84 - BZA [I 1 Minutes, H.B. Board of Zoning Adjustments August 151 1984 Page 9 ADMINISTRATIVE REVIEW NO. 84-59 Applicant: PX Camera & Appliance To permit an anniversary sale to be held on property located within a shopping center at the northwest corner of Adams Avenue and Magnolia Street, on August 18 and 19, 1984. Staff reported that a site plan of the total shopping center is the only plan submitted, with no indication of where the layout of the sale is to be. Staff discussed past operation of this sale, noting that in 1983 a tent was erected in the parking lot to accommodate the event. Susan Pierce reported that another way of processing would be the issuance of a tem- porary structural permit the same as for a building under con- struction. City Engineer Les Evans expressed the opinion that without any indication of how and where the event was to be conducted the Board could not properly evaluate the request. A MOTION WAS MADE BY GODFREY AND SECONDED BY POE TO APPROVE ADMINISTRATIVE REVIEW NO. 84-59 WITH THE FOLLOWING CONDITIONS: 1. A revised site plan shall be submitted delineating location of proposed tent and outdoor sales area. 2. Such delineation shall be to the satisfaction of the Fire Department with regard to fire lanes and access for fire apparatus. 3. A certificate of insurance form in an amount as deemed necessary by the Administrative Services Department shall be submitted at least two (2) days prior to the event, along with an executed hold harmless agreement absolving the City of liability for the event. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Godfrey, Poe NOES: Smith, Evans, Vogelsang ABSENT: None Further discussion by the Board included the time frame allowed for review of this request. ON MOTION BY EVANS AND SECOND BY SMITH ADMINISTRATIVE REVIEW NO. 84-59 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. No site plan has been submitted showing the layout of the proposed outdoor event or description of the proposed operation. -9- 8-15-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 15, 1984 Page 10 2. Insufficient time has been allowed the Board between submittal of the request and the date of this meeting for a proper evaluation of the application. AYES: Smith, Evans, Vogelsang, Poe NOES: Godfrey ABSENT: None There was no further business and the meeting adjourned to the pre -review meeting of Monday, August 20, 1984 at 10:00 a.m. i . Glen K. Godfrey, Secretary :df L -10- 8-15-84 - BZA