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HomeMy WebLinkAbout1984-11-141 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B=6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 14, 1984 - 1:30 P.M. LA BOARD MEMBERS PRESENT: Evans, Zelefsky, Smith, Poe, Godfrey STAFF MEMBERS PRESENT: Pierce REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-65 (Cont. from 11/7/84) Applicant: Lois E. Pascal A request to permit a reduction of size of enclosed parking space from 18' x 19' to 15-1/2' x 19' at 8451 Friesland Drive (North side of street approximately 65 feet West of Newland Street): This request is covered by Categorical Exemption, Class 511- California Environmental Quality Act, 1970. Staff reported the applicant had purchased this property with a portion of the Master Bedroom extending into the garage area. The applicant is attempting to sell the property and needs the variance and permits to cover this addition. The Public Hearing had remained open from the previous meeting and the applicant's representative, Mindy Christensen, was present. Ms. Christensen stated the residence was built prior to 1976' There was no one else present to speak so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 84-65 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, which includes the increased setback for side -entry garages, 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. Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 2 2. Site provides driveway length capable of serving parking needs for two (2) tandem spaces. 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. 84-65 will not be materially detrimental to the public welfare or injurious to property in the same zone classifications. CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated October 22, 1984, shall be the approved layout. 2. All necessary permits shall be obtained. 3. The development shall comply with all applicable provisions of the 1979 Uniform Building Code. AYES: Evans, Poe, Smith, Zelefsky NOES: None ABSENT: Vogelsang ADMINISTRATIVE REVIEW NO. 84-78 (N. D. 84-42) (Cont.' from 11/7/84) Applicant: C. J. Bonner Corporation A request to permit a mini' -warehouse facility at 7611 Talbert Avenue (North side of street approximately 975 feet East of Gothard Street). - This request is covered by Negative Declaration No. 84-42. Staff reported the plans which had been submitted on November 7, 1984, reflected minor changes but revisions are still needed to show relocation of trash area, two (2) enclosed parking spaces for caretaker's cars, corner cutoffs, etc. The applicant's representative; Brian Dahn, was present. UPON MOTION BY POE AND SECOND BY SMITH, NEGATIVE DECLARATION NO. 84-42 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Poe, Smith, Evans, Zelefsky NOES: None ABSENT: Vogelsang -2= 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 3 UPON MOTION BY POE AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-78 WAS APPROVED WITH THE FOLLOWING CONDITIONS BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting modifications described herein: a. Location of trash area. b. Two (2) enclosed parking spaces'for caretaker. c. Parallel spaces shall be standard size. d. Ten foot (10') corner cutoffs of buildings located at intersection of driveways. 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating southerly twenty-two feet (22') of Lots 53 to 65 and Lots 66 to 169. Said map shall be recorded prior to final inspection of Block 5 of Tract 171. 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. Special architectural treatment shall be provided on the rear building walls. Such treatment is subject to approval by the Department of Development Services. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. The development shall comply with Fire Regulation No. 414. 7. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. -3- 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 4 8. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 9. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 10. There shall be no outside storage. 11. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 12. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 13. tow -volume heads shall be used on all spigots and water faucets. 14. 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. 15. 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). 16. 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. 17. 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 regarding grading; chemical and fill properties, foundations, retaining walls; streets, and utilities. 18. If foil -type insulation is to be used; a fire retardant type shall be installed as approved by the Building Division. 19. Security gates shall be subject to Fire Department review and approval. AYES: Poe, Smith; Evans; Zelefsky NOES: None ABSENT: Vogelsang =4- 11/14/84 = BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 5 CONDITIONAL EXCEPTION NO. 84-66 Applicant: Timothy Wilkes; AIA A request to permit a seven foot (7') high wall to encroach 7'-4" into the required fifteen foot (15') front yard setback and to encroach five feet (5') into the required five foot (5') setback from a public easement and continue along said easement for a distance of thirty-four feet (34'), 2) a 9''0" wall to encroach 5'-4" into the fifteen foot (151) front yard setback; and 3) a portion of a garage to encroach 1'-1" into the twenty-two foot (22') garage setback (approximately 13 Square Foot encroachment) at 3302 Venture Drive (South side of street approximately forty-five feet (45') East of Typhoon Lane). This request is covered by Categorical Exemption; Class 5, California Environmental Quality Act, 1970. Staff explained this property is located on Huntington Harbour waterway and adjacent to a park. The hardship is established since the Coastal Commission requires a five foot (5') public walkway along water side of lot; the park has a ten foot (10') easement; and the lot is an irregular shape. Daryl Smith opened the Public Hearing and Timothy Wilkes, the applicant, was present. Mr. Wilkes agreed to the conditions as presented and the Public Hearing was closed when no one else spoke. UPON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-66 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, - BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Applicant's backyard faces onto a channel and, because of that, a public walkway along the back of this property was required by the Coastal Commission. Also, the subject property is adjacent to a public park. As the property owner has no privacy in the rear yard, it is necessary to allow the applicant to fence off open space in his front and side yards to allow privacy by encroachment of five feet (5') in the front yard setback and into the setback from public easements. 2. The granting of the conditional exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications as there are other homes in the area that have either a structure or wall at a ten foot (10') front yard setback: -5- 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 6 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 a conditional exception will not be materially detrimental to the public welfare or injurious to property in the same zone classification. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach, California. CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Minimum front yard setback of ten feet (10') for the proposed wall. b. Maximum height of wall at the ten foot (10') front yard setback shall not exceed six feet (6'). 2. All necessary permits shall be obtained. 3. Intensified landscaping in front yard setback. AYES: Evans, Smith, Poe NOES: Zelefsky ABSENT: Vogelsang CONDITIONAL EXCEPTION N0. 84-67 Applicant: E. Van Vlahakis A request to permit a six foot (6') high wall to encroach four feet (4') into the required fifteen foot (15') front yard setback for a distance of nineteen feet (19') across the fifty foot (50') wide lot at 16727 Bolero Lane (West side of street South of Nalu Circle). This request is covered by Categorical Exemption; Class 5, California Environmental Quality Act, 1970. Staff introduced the project and a discussion ensued concerning whether the applicant had obtained the proper permits for his pool. The Public Hearing was opened and the applicant; E. Van Vlahakis, was present. After a lengthy dissertation, the Board determined the request should be continued until these questions could be answered. The Public Hearing was left open. -6- 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 7 UPON MOTION BY ZELEFSKY AND SECOND BY EVANS, AND WITH CONCURRENCE OF THE APPLICANT, CONDITIONAL EXCEPTION NO. 84=67 WAS CONTINUED TO THE MEETING OF NOVEMBER 21, 1984, BY THE FOLLOWING VOTE: AYES: Evans, Zelefsky, Poe, Smith NOES: None ABSENT: Vogelsang CONDITIONAL EXCEPTION NO. 84-68 Applicant: S. Y. Kimball A request to permit one hundred percent (100%) of all lots to provide five foot (5') interior side yards rather than twenty-five percent (25%) maintaining ten foot (101) interior side yard. Subject property is located on the North side of Santa Barbara Lane West of Saybrook Lane. This request is covered by Categorical Exemption, Class 41' California Environmental Quality Act, 1970. Glen Godfrey arrived at the meeting at this point. Ms. Pierce stated the R-1 Zoning Code contains requirement that twenty-five percent (25%) of subdivision of four (4) or more shall maintain ten foot (10') side yard setback. After general discussion, Daryl Smith opened the Public Hearing and S. Y. Kimball was present. Mr. Kimball said he would prefer making corrections in the By -Laws rather than changing the CC&R's for the development. There was no one else present to speak so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-68 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, - BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed conditional exception will be compatible with the adjacent single family subdivision. 2. The granting of Conditional Exception No. 84-68 will not be materially detrimental to the public welfare or injurious to the property in the same zone classification. 3. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -7- 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 8 4. The subject subdivision proposes to offer for sale single lots for custom home construction. CONDITIONS OF APPROVAL: 1. The CC&R's shall contain an irrevocable provision to prohibit recreational vehicle outdoor parking and/or storage on any lot. Said CC&R's shall be submitted to the City Attorney for review and approval. A copy of the recorded document shall be submitted to the Department of Development Services. 2. The CC&R's shall contain a restriction requiring approval by the City -of Huntington Beach before any amendment. 3. A letter of commitment shall be received from the applicant regarding restricting issuance of building permits for remaining twenty-five percent (25%) of lots until said document is recorded. AYES: Evans, Godfrey, Smith, Poe NOES: None ABSENT: Vogelsang USE PERMIT NO. 84-80 Applicant: Bijon Sassonian A request to permit four (4) additions totaling 7-,520 Square Feet to an existing commercial center to facilitate restaurant expansion without dancing and/or live entertainment and other allowed C-2 uses at 16369 Bolsa Chica Street (West side of street approximately 150 feet North of Heil Avenue). This request is covered by Categorical Exemption, Class 011 California Environmental Quality Act, 1970. Staff said this was an existing shopping center that the applicant was attempting to bring up to higher standards. The Board discussed the need for additional landscaping; meeting parking ratio, and width of drives for traffic circulation. The Public Hearing was opened and Dick Harlow was present to represent the applicant. He explained the applicant's methods of modernizing the center, and, since there was no one else present to speak, the Public Hearing was closed: UPON MOTION BY POE AND SECOND BY EVANS, APPROVED WITH THE FOLLOWING FINDINGS AND FOLLOWING VOTE: USE PERMIT NO. 84=80 WAS CONDITIONS, BY THE -8= 11/14/84 - BZA 1 Minutes, H. November 14, Page 9 B. Board of Zoning Adjustments 1984 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 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. Removal of most southern on -site driveway and replace with off -site improvements. b. Handicap parking spaces in compliance with State of California requirements. c. Adjacent to the property lines along Bolsa Chica Street and Heil Avenue, minimum three foot (3') wide strip of public right-of-way shall be sawcut, sidewalk removed, and intensified landscaped planter installed to the satisfaction of the Department of Public Works. d. Driveway adjacent to North property line shall be designated "ONE WAY". 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating the lots within Parcel 1 and Parcel 2 of the submitted legal description into a one (1) or two (2) parcel subdivision. 3. Prior to issuance of building permits, the applicant shall submit the following plans: -9- 11/14/84 = BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 10 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.. A planned sign program shall be approved for all signing within the commercial center pursuant to S. 9760.43 of the Huntington Beach Ordinance Code. 5. The development..shall comply with all applicable provisions of the Ordinance Code; Building Division, and Fire Department. 6. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 7. Driveway approaches shall be a minimum of twenty-seven feet (27'.) in width and shall be of radius type -construction except the northernmost driveway on Bolsa Chica Street. 8. On-site,fire hydrants -shall be provided in number and at locations specified by the Fire Department. 9. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 10. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 11. All structures shall be architecturally compatible. 12. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 13. Low -volume heads shall be used on all spigots and water faucets. 14. 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. 15. 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 =10- 11/14/84 - BZA Minutes, h. B. Board of Zoning Adjustments November 14, 1984 Page 11 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). 16. 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. 17. 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 regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 18. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 19. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the City Attorney as to form and content and; when approved, shall be recorded in the Office of the County Recorder and a copy filed with the Department of Development Services. AYES: Poe, Evans, Smith, Godfrey NOES: None ABSENT: Vogelsang TENTATIVE PARCEL MAP NO. 84-1202 Applicant: Sickels/Stampley A request to consolidate or combine existing Parcels 1 and 2 of Parcel No. 78-559 in order to permit one (1) large building on the existing two (2) parcels and waiver of final parcel map. Subject property is located at the Southwest corner of Main Street and Florida Street. - This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act; 1970. Susan Pierce reported the applicant had talked to City about constructing condominiums on the site but is now planning a residential development. Les Evans stated a waiver could not be processed since improvements were not installed. -11- 11/14/84 - BZA Minutes, H. B. Board of Zoning Adjustments November 14, 1984 Page 12 UPON MOTION BY EVANS AND SECOND BY GODFREY,' AND WITH CONCURRENCE OF THE APPLICANT, TENTATIVE PARCEL MAP NO. 84-1202 WAS CONTINUED TO THE MEETING OF NOVEMBER 211 1984, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Poe NOES: None ABSENT: Vogelsang There was no further business to be discussed so the.meeting was adjourned to the pre -review meeting on Monday, November 191 1984, at 10:00 A.M. A/ Glen K. Godfrey, Secretary Board of Zoning Adjustments jh 1 -12- 11/14/84 - BZA