HomeMy WebLinkAbout1984-09-26 (7)MINUTES
HUNTINGTON BEACH BOARD OF ZCNING ADJUSTMENTS
Room B-6, Civic Center
2000 Main Street
Huntington Beach, California
WEDNESDAY, SEPTEMBER 26, 1984 - 1:30 P.M.
BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vincent
STAFF PRESENT: Pierce, Poe
AGENDA ITEMS TO BE CONTINUED: None
MINUTES: Minutes of the regular meeting of September 5, 1984
APPROVED AS TRANSCRIBED
Minutes of the regular meeting of September 12, 1984
DEFERRED TO OCTOBER 3, 1984
REGULAR AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 84-55
Applicant: Malcolm Sperling
A request to permit sun shade overhang in front of house to encroach
seven feet (7') into fifteen foot (15') front yard setback at
4661 Los Patos Avenue (North side of street approximately 220 feet
East of Sims Street).
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1970.
Ms. Pierce reported that a staff member had visited the site but
still feels there is no land related hardship. Staff suggested that
the encroaching support posts could be relocated, the support posts
adjacent to the dwelling could be attached to eaves of house, the
second driveway would have to be removed, and all necessary permits
obtained. By moving the posts, the applicant would only be
encroaching one foot (1') beyond what the Code allows. No building
permit had been obtained for construction of this patio.
The public hearing had remained open and the applicant,
Mrs. Sperling, was present. She asked about the reference to the
driveway and it was explained that'the southerly portion would have
Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 2
to be closed per Public Work Department standards and specifications.
The applicant asked about moving posts so she could grow vines which
would create more of an encroachment and also about creating a
carport where driveway exists. The Board determined there were too
many concessions to be made, and since there were no other persons
present to speak, the public hearing was closed.
SMITH MADE A MOTION, SECONDED BY GODFREY, THAT BOARD APPROVE
CONDITIONAL EXCEPTION NO. 84-55 WITH RECOMMENDATIONS OF STAFF.
MOTION FAILED BY THE FOLLOWING VOTE:
AYES: Godfrey, Smith
NOES: Evans, Vincent
ABSENT: Vogelsang
EVANS MOVED THAT CONDITIONAL EXCEPTION NO. 84-55 BE DENIED AND
INCLUDE FINDINGS PREVIOUSLY RECOMMENDED BY STAFF. MOTION DIED FOR
LACK OF SECOND.
GODFREY MOVED THAT CONDITIONAL EXCEPTION NO. 84-55 BE APPROVED
PURSUANT TO STAFF RECOMMENDATIONS TO PLACE POST IN CONCRETE AT FOUR
FEET. MOTION DIED FOR LACK OF SECOND.
UPON MOTION BY GODFREY AND SECOND BY SMITH, CONDITIONAL EXCEPTION
NO. 84-55 WAS REFERRED TO THE PLANNING COMMISSION BY THE BOARD OF
ZONING ADJUSTMENTS, BY THE FOLLOWING VOTE:
AYES: Godfrey, Evans, Smith
NOES: Vincent
ABSENT: Vogelsang
TENTATIVE PARCEL MAP NO. 84-593 (W)
Applicant: Robert Stellrecht
A request to consolidate two (2) improved lots in an existing tract
to build a single building and waiver of parcel map at 5502 Bolsa
Avenue (Southeast corner of Bolsa and Graham).
This request is covered by Categorical Exemption, Class 15,
California Environmental Quality Act, 1970.
Staff reported the applicant has provided a plat map that he would
like to have waived from a final parcel map. Robert Stellrecht, the
applicant, was advised to check with staff members for procedure to
follow, and Les Evans stressed including findings required by law.
UPON MOTION BY
NO. 84-593 WAS
FOLLOWING VOTE:
GODFREY AND SECOND BY EVANS, TENTATIVE PARCEL MAP
APPROVED WITH THE FOLLOWING CONDITIONS, BY THE
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 3
FINDINGS FOR APPROVAL:
1. The proposed consolidation complies with the requirements as to
area, improvements and design, flood and water drainage
control, appropriate and approved public roads, sewer and water
facilities, environmental protection, and other requirements of
Article 992 of the Subdivision section of the Ordinance Code.
CONDITIONS OF APPROVAL:
1. The Tentative Parcel Map received by the Department of
Development Services on September 25, 1984, shall be the
approved layout (with the amendments as noted thereon).
2. The applicant shall file, through the Huntington Beach City
Clerk's Office, and have recorded with the Orange County
Recorder'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.
3. All previous Conditions of Approval for Tentative Tract 9879
are applicable.
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSENT: Vogelsang
CONDITIONAL EXCEPTION NO. 84-51 (UP NO. 84-70)
Applicant: Paul Vong/Fourstar Investment
A request to permit construction of private patios and balconies in
lieu of open space requirement.
This request is coverd by Categorical Exemption, Class 5, California
Environmental Quality Act, 1970.
Ms. Pierce reported the Conditional Exception was in conjunction
with Use Permit No. 84-70 to establish an apartment complex. The
applicant has complied with number of parking spaces but not in open
space area. Staff would recommend approval since there is a
precedent for substituting private balconies and patios for the open
space requirements, and we have findings which state the property is
irregular in shape and size.
The public hearing was opened. M. K. Lam, Architect, was present to
represent the applicant, but stated he had no questions. There was
no one else present to speak so Mr. Smith closed the public hearing.
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 4
UPON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION
NO. 84-51 WAS APPROVED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING
VOTE:
FINDINGS FOR APPROVAL:
1. The size and configuration of the lot are such to impose
physical restraints upon its development. The applicant has
provided total square footage of open space as required by
Ordinance Code.
2. Precedence for exception in open space requirements has been
established for other apartment complexes in the City.
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. 84-51 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 Huntington Beach.
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSEMT: Vogelsang
USE PERMIT NC. 84-70 ( CE NO. 84-51)
Applicant: Paul Vong/Fourstar Investment'
A request to permit construction of a seven (7) unit apartment
building abutting arterial highway at 2700 Seventeenth Street
(Southwest corner of Seventeenth Street and Delaware Street).
This project was reviewed by previously adopted Negative Declaration
No. 77-10.
Staff reported this property is abutting Delaware Street and we need
to consider the aesthetic treatment along the arterial highway.
There is a minor problem with parking. By shifting all parking
spaces six feet (6') towards driveway, he could provide an
additional eight feet (8') to Parking Space 13. All elevations and
architectural plans shall be submitted for review of the Department
of Development Services, and Les Evans stated that all street
improvements shall be in compliance with Public Works Department.
Ms. Pierce said a revised site plan and a mechanical plan would need
to be submitted.
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 5
Daryl Smith opened the public hearing and the applicant's
representative, M. K. Lam, Architect, was present. He stated the
buildings would be white stucco with earth trim but no wood. There
was no other discussion so the public hearing was closed.
UPON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT NO. 84-70 WAS
APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
FINDINGS FOR APPROVAL:
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.
2. The granting of the conditional 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. A revised site plan shall be submitted depicting the
modifications described herein:
a. Location of sidewalk adjacent to curb line and landscape
parkway between sidewalk and property line.
b. Parallel parking spaces in compliance with Article 979.
(This may be accomplished by adjusting the parking six feet
(6') towards Delaware Street leaving eight feet (8') behind
Parking Space No. 13 for required maneuvering).
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.
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 6
3. Special architectural treatment shall be provided on all roof
and building walls. Such treatment is subject to approval by
the Department of Development Services. Architecture should be
compatible with surrounding developments.
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 feet
(27') in width and shall be of radius type construction.
6. All signs shall comply with Article 976 of the Huntington Beach
Ordinance Code.
7. Low -volume heads shall be used on all spigots and water faucets.
8. All building spoils, such as unusable lumber, wire, pipe, and
other surplus or unusable material, shall be disposed of at an
off site facility equipped to handle them.
9. 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
sixty (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).
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. A detailed soils analysis shall be prepared by a registered
Soils Engineer. This analysis shall include on site soil
sampling and laboratory testing of materials to provide
detailed recommendations regarding grading, chemical and fill
properties, foundations, retaining walls, streets, and
utilities.
12. If foil -type insulation is to be used, a fire retardant type
shall be installed as approved by the Building Division.
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSENT: Vogelsang
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 7
USE PERMIT NO. 84-73
Applicant: Pet Prevent -A -Care
A request to permit an outdoor, mobile, low cost vaccination clinic
for cats and dogs on October 20, 1984, at property located on the
East side of Beach Boulevard opposite Utica Street in the Newland
Center.
This request is covered by Categorical Exemption, Class 11-C,
California Environmental Quality Act, 1970.
Staff reported this request had originally been for three days but
the owners of Newland Center had stated they would prefer it be
limited to one day. Staff would recommend that it be granted for
October 20, 1984, only and they will need new entitlement for any
future events. Fire access lanes must be maintained and a
Certificate to Operate would be required.
UPON MOTION BY GODFREY AND SECOND BY VINCENT, USE PERMIT NO. 84-73
WAS APPROVED WITH THE FOLLOWING CONDITIONS, AND BY THE FOLLOWING
VOTE:
CONDITIONS OF APPROVAL:
1. The conceptual plot plan received September 13, 1984, shall be
the approved layout for the October 20, 1984, temporary outdoor
event.
2. Fire access lanes shall be maintained. If fire lane violations
occur, and the services of the Fire Department are required,
the applicant will be liable for expenses incurred.
3. A certificate of insurance form shall be filed in the
Administrative Services Department, in an amount deemed
necessary by the Public Liability Claims Coordinator, along
with a Hold Harmless Agreement executed by the insured, at
least five (5 ) days prior to the event.
4. Needle syringes shall be rendered non -usable and discarded as
required by 5.4143 of the State Business and Professions Code.
5. A Certificate to Operate, as required by S.9730.80 of the
Ordinance Code, shall be issued prior to the event.
6. Any future temporary outdoor event of this nature shall be
subject to new entitlement.
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSENT: Vogelsang
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 8
SITE PLAN AMENDMENT NO. 84-20
Applicant: Jack Malven Corporation
A request to permit a patio structure addition to a previously
approved site plan at 18501-18591 Main Street (between Delaware
Street on the West and Ellis Avenue on the North).
This request is covered by Categorical Exemption , Class 1-e,
California Environmental Quality Act, 1970.
Ms. Pierce reported this was a request to construct a patio cover
over a public walkway on a previously approved site plan. Staff
would recommend approval with conditions. Staff would like to ask
that no Certificates of Occupancy be granted until ten (10) day
appeal period has expired, that building debris be cleared away,
striping for parking be done, a schedule of occupancy be submitted,
and barricades erected, all under the direction of the Chief
Building Inspector.
UPON MOTION BY VINCENT AND SECOND BY GCDFREY, SITE PLAN AMENDMENT
NO 84-20 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE
FOLLOWING VOTE:
CONDITIONS OF APPROVAL:
L. The proposed patio structure shall be constructed only on that
portion of Building "A" as depicted on the site plan received
September 21, 1984. This area only is an amendment to Use
Permit No. 84-5 approved site plan.
2. All required permits shall be obtained.
3. The developer shall submit a commitment to a Plan of Action
reflecting a phasing of the occupancies of all buildings, in
particular new structures concomitant with site cleanup,
paving, striping, etc., under the direction of George Bendlin,
Chief Building Inspector, and Michael Strange, Associate
Planner (Land Use).
4. A six foot (6') wide clear sidewalk passageway shall be
maintained.
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSENT: Vogelsang
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 9
SITE PLAN AMENDMENT NO. 84-19
Applicant: Schurgin Development
A request to permit main entrance modification, relocation of trash
area, relocation of parking spaces displaced by transformears and
new trash areas, and expansion of Building "B" at property located
on the West side of Beach Boulevard approximately 170 feet South of
intersection of Main Street and Beach Boulevard.
Staff reported that applicant is experiencing difficulty with
CalTrans regarding the width of driveway approved by our Board.
CalTrans will only allow a twenty-six foot (26') drive off Beach
Boulevard.
After general discussion concerning parking spaces, trash location,
etc., the applicant requested a postponement to work out problems
with CalTrans.
UPON MOTION BY GODFREY AND SECOND BY SMITH, SITE PLAN AMENDMENT
1�0. 84-19 WAS CONTINUED TO THE MEETING OF OCTOBER 3, 1984, WITH THE
FOLLOWING VOTE:
AYES: Evans, Godfrey, Smith, Vincent
NOES: None
ABSENT: Vogelsang
SITE PLAN AMENDMENT NO. 84-16
Applicant: Randy Leong/Delton Leasing
A request to permit construction of equipment shed addition to back
of existing building at 17891 Jamestown Lane on the West side of
street approximately 140 feet North of Windfield Drive.
This request is covered by Categorical Exemption, Class 1,
California Environmental Quality Act, 1970.
After it was determined the applicant was not present, Glen Godfrey
suggested the request be postponed to a later date.
UPON MOTION BY GODFREY AND SECOND BY SMITH, SITE PLAN AMENDMENT
NO. 84-16 WAS CONTINUED TO THE MEETING OF OCTOBER 3, 1984, BY THE
FOLLOWING VOTE:
AYES: Evans, Godfrey, Smith, Vogelsang
NOES: None
ABSENT: Vogelsang
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Minutes, H. B. Board of Zoning Adjustments
September 26, 1984
Page 10
There was no further business to be considered so the meeting was
adjourned to the pre -review, meeting on Monday, October 1, 1984, at
10:00 A. .
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Glen K. Godfrey, Secretary
Board of Zoning Adjustments
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