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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 1 �I (1320d) -2- 9/26/84 - BZA 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. (1320d) -3- 9/26/84 - BZA 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. 1 (1320d) -4- 9/26/84 - BZA 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. (1320d) -5- 9/26/84 - BZA 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 (1320d) -6- 9/26/84 - BZA 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 (1320d) -7- 9/26/84 - BZA 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 (1320d) -8- 9/26/84 - BZA 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 (1320d) -9- 9/26/84 - BZA 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. . i (1 Glen K. Godfrey, Secretary Board of Zoning Adjustments C (1320 d) -10- 9/26/84 - BZA