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HomeMy WebLinkAbout1985-01-02MINUTES Hl .kTINGTON BLACH BOARD' OF. ZONING -Ab STMENTS Room B-6 - Civic Center 2000"Main Street Huntington Beach, California WEDNESDAY, JANUARY 2, 1985 - 1:30 P.M. A BOARD MEMBERS PRE-5ENT: STAFF MEMBERS PRESENT: Y, Cranmer, Evans, Godfrey, Smith, Vincent Hess, Pierce, Poe MINUTES: Upon Motion by Godfrey and Second by Poe, Minutes of the Meeting of October 24, 1984, were Approved as Transcribed. Upon motion of Godfrey and Second by Poe, Minutes of the Meeting of October 31, 1984, were Approved as Transcribed. Upon Motion by Vincent and Second by Godfrey, -Minutes of the Meeting of November 7, 1984, were Approved as Transcribed. REGULAR AGENDA ITEMS:" USE PERMIT NO. 84-9 AND USE PERMIT NO. 82-48 (Cont. from 12/12/64) Applicant: Southwest Wholesale Nursery and Supplies A request to permit a one (1) year extension of time and the re-establishment of a wholesale nursery, each request to expire concurrently. Subject property is located at 21251 Bushard Street (West,side of Bushard Street North of Hamilton Avenue). - This request is covered by previously adopted Negative Declaration No. 81-36. Scott Hess reported these requests had been continued in order to notify property owners adjacent to this location, and Staff has not received any complaints to date, either verbally or by letter. Staff stated all previous conditions would remain in effect and drainage would be to satisfaction of Public Works. Mr. Evans said he had received no complaints regarding drainage. The Public hearing was opened by Daryl Smith and the applicant's representative, Paul Bruning, Manager, was present. Mr. Bruning stated the roadways were all gradea and rocked and no dust problems existed. The Board held a general discussion concerning dust, noise, and chemical storage concerns. Minutes, H. B. Board of Zoning Adjustments January 2, 1985 Page 2 Mr. Joseph Belyic, 21272 Bushard Street, complainea to the Board about noise created by loading trucks and tractors, and presented photos of trucks adjacent to his home while loading. Mr. Bruning said the nursery would be moving the mixing area and it would be approximately 1,500 feet from the house. The Public Hearing was closed since there was no one else present to speak. Jim Vincent said he would like Item No. 3 changed to read, "All soil amendments or planting mix material shall be kept damp as to not blow onto adjacent properties. All such material shall not be stacked over a height of ten feet (101) and all mixing operations incidental to the nursery shall be eliminated at the entrance off Bushard Street and relocated at the Northwest corner of the property." UPON MOTION BY VINCENT AND SECOND BY EVANS, USE PERMIT NO. 84-9 AND USE PERMIT NO. 82-48 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - USE PERMIT NOS. 62-48 AND 84-9: 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 ana improvements in the vicinity of such use of building. 2. The proposals are consistent with the City's General Plan of Land Use. 3. The granting of the use permits will not aaversely affect the General Plan of the City of Huntington Beach. 4. The proposea sites are adequate to -serve the proposed use. CONDITIONS OF APPROVAL FOR USE PERMIT NO. 82-48: The conceptual plot plan received November 29, 1982, shall be the approved layout, subject to the modifications described herein: 1. All vehicles operating within the nursery shall not exceed speeds of ten (10) miles per hour. -2- 1/2/85 - BZA Minutes, H. B. Boara of Zoning Adjustments January 2, 1985 Page 3 2. The taller and larger plant materials shall -not be stored within twenty feet (201) of the residential properties to the South. Lower growing trees and shrubs only shall be permitted adjacent to these residential properties, and plant material shall be no higher than one foot (1') lower than the top of existing block wall. 3. All soil amendments or planting mix material shall be kept damp as to not blow onto adjacent properties. All such material shall not be stacked over a height of ten feet (10') and all mixing operations incidental to the nursery shall be eliminated at the entrance off Bushard Street and relocated at the Northwest corner of the property 4. Spraying of plant materials shall be done inwardly, away from residential properties. Chemical spraying shall be held to a minimum and used only on an "as needed" basis. Spraying shall be done in such a manner to prevent the chemicals from being carried into the residential area. 5. There shall be no activity, including maintenance, selling or other, between the hours of b:00 P.M. and 8:00 A.M. on - weekdays, excluding holidays. On weekends or holidays, there shall be no activity whatsoever other than general maintenance. 6. Outside phone alarms, intercoms, and loudspeakers are prohibited. 7-. Any yard lighting proposes shall be directed away from aa3acent residential properties. 8. Any proposed signing shall conform to Article 976 of the Huntington Beach Ordinance Code. 9. Proposed portable and permanent office and storage buildings (including storage bins) shall be located within fifty feet (501) from the North property line. 10. Driveway approach and necessary asphalt paving transitions shall be to the satisfaction and specifications of the Public Works Department. 11. No "retail" activity shall take place on the property - Wholesale only. 12. Frontal elevations shall be submitted to the Secretary of the Board for purposes of screening activity from view on Bushard Street. i -3- 1/2/b5 - BZA Minutes, h. B. Board of Zoning Adjustments January 2, 1985 Page 4 CONDITIONS OF APPROVAL FOR USE PERMIT' NO. 84-9: The conceptual plot plan received February 9,.1984,-shall be the approved layout, subject to the modifications described herein: 1. All vehicles -operating within the nursery shall not. exceed speeds- of ten miles per hour. ' - 2. The taller and larger plant materials shall not be stored within twenty feet (201)'of the residential properties to the South. Lower growing trees and shrubs only shall be permitted adjacent to these residential properties, and plant material shall be no ,higher than one _foot, (1! ) lower than the top of existing block wall. 3. All soil amendments or plant.mix material shall be kept damp as to not blow onto adjacent properties. All'such material shall not be stacked over a height of ten feet (101) ana all mixing operations incidental to-the.,nursery shall be,relocated only at the Northwest corner- of the property. 4. Spraying of plant materials shall be done inwardly, away from residential properties. Chemical spraying shall be held to a minimum and used only on an "as needed" basis. Spraying shall be done'in such a manner to prevent the chemicals from being carried into -the resiaential area. 5. There shall be no a-ctivity,-including maintenance, selling or other, between the hours of 8:00 P.M. and 8:00 A.M. on weekdays, excluding.holidays. On weekends or holidays, there shall be no activity whatsoever other than general maintenance. 6. Outside phone alarms, intercoms, and loudspeakers are prohibited. 7. Any yara lighting proposed shall be directed away from adjacent residential properties.. 8. Any proposea signing shall conform to Article 976 of the Huntington Beach-Orainance Code. 9. Driveway approach and necessary asphalt saving transitions shall be to the satisfaction and specifications of the Public Works Department. 10. No "retail" activity shall take place on the property - Wholesale only.. -4- 1/2/85 - BZA Minutes, h. B. Board of Zoning Adjustments January 2, 1985 Page 5 11. All chemicals usea or stored at the subject site shall be approved by the Orange County Agricultural Department, as required by law. 12. The applicant shall submit a grading plan to the Department of Public Works for review, approval, and issuance prior to any grading operation or change of drainage. 13. Hamilton Avenue access gate shall be reviewed and approved by the Fire Department. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None CONDITIONAL EXCEPTION NG. 84-72 Applicant: Stanley A. Blackett A request to permit a 57 Square Foot accessory structure to encroach three feet (31) into required five foot (51) rear and side yard setbacks. Subject property is located at 18222 Newmoon Lane (East side of street approximately 240 feet South of Kenwick Circle). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Staff stated the applicant has constructed a 57 Square Foot play house and is filing for a conditional exception based on a complaint from his neighbor. Staff is recommending denial of the applicant's request. The Public hearing was opened by Mr. Smith and the applicant, Stanley Blackett, was present. He stated the structure had been erected for over two years before Mr. Baik's smaller structure was Put up. Mr. Blackett said he did not complain concerning Mr. Baik's play house, and the City had received letters from Mr. Blackett's other neighbors stating they had no objections to the play house. Mr. Bong Baik, through his wife who acted as interpreter, stated they were told by a City representative that their play house would have to be removed. Glen Godfrey asked if Mr. Baik had been informed by the Building Inspector that they could come before the Board of Zoning Adjustment. Susan Pierce stated she had spoken with the applicant in the Building Department office relative to his right to go before the Board and request an exception; however, Mr. Baik denied having spoken with Ms. Pierce. -5- 1/2/85 - BZA Minutes, h. B. Boaro of Zoning Adjustments January 2, 1985 Page 6 After discussing the problems involved in,literal.interpretation of the existing applicable Code section, Les Evans stated he felt this request should be referred to the Planning Commission,for Code revisions. , UPON MOTION BY VINCENT AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 84-72 WAS REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: , AYES: Cranmer, Evans, Smith, Vincent NOES: Godfrey, ABSENT: None USE PERMIT NO. 84-82 Applicant: Angelo Rinaldi A request to permit establishment and:construction_of an automotive repair facility (minor). Subject property is located•on the Northwest corner of McFadden Avenue and Electronic Lane. This request is covered by previously adopted Negative Declaration No. 73-16. Staff reported this request is for a proposed builaing in the industrial area of the City and Staff would recommend approval with conditions.. After a discussion, Daryl Smith opened the Public Hearing. The applicant, Angelo Rinaldi, was present.. Mr. Rinaldi stated this portion of the builaing•would be used as a .Cadillac Agency but he did not know who the other tenant would be. Glen Godfrey stated he would want the whole building to be subject to a Sound Attenuation Report which the applicant should furnish. Dave Schmitz, a representative from Bixby Ranch, was present and stated he was concerned over the noise which would come into their office space. he definitely would request a Sound Attenuation Report be required of the applicant. There was no one else to speak so the Public hearing was closed. Les Evans strongly disagreed with requiring the applicant to furnish a Sound Attenuation Report ana Mr. Smith stated it was placing an undue hardship on the applicant, -6- 1/2/85 - BZA Minutes, H. B. Board of Zoning Ad3ustments January 2, 1985 Page 7 UPON MOTION BY SMITH AND SECOND BY E,VANS, USE, PERMIT NO. 84-b2 WAS APPROVED WITH THE FINDINGS AND CONDITIONS RECOMMENDED BY STAFF, WITH THE DELETION OF THE REQUIREMENT FOR A SOUND ATTENUATION REPORT.', 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 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•aescribed herein: a. Eliminate overheaa aoor ano driveway facing Electronic Lane and replace with landscaping. II 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 Flan. Said plan shall indicate screening of all rooftop mechanical equipment ana ' shall delineate the type of material proposed to screen ' said equipment. 3. 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. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. -7- 1/2/85 - BZA Minutes, h. B. board of Zoning Ad3ustments January 2, 1985 Page 8 5. Maximum separation between -building wall and property line shall not exceed two inches (2"). 6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 7. All repair work shall be conducted wholly within the building. 8. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 9. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 10. A review of the use shall be conducted within six (6) months of the aate of this approval to verity compliance with all conditions of approval and applicable sections of Article 951 of the Huntington Beach Ordinance Code. If, at that time,there is a violation of these conditions or coae sections, Use Permit No. 84-82 may become null ana void. AYES: Cranmer, Evans, Smith, 'Vincent NOES: None ABSTAIN: Godfrey ABSENT: None USE PERMIT NO. 84-83 Applicant: Pet Prevent -A -Care A request to permit temporary outdoor event - Mobile Vaccination Service. Subject property is located on the East side of Beach Boulevard approximately 200 feet North of Utica Street. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Scott Hess stated the applicant proposes to hold temporary mobile vaccination services in an outdoor area on four (4) separate dates in 1985, and that, if any complaints are received, they will be referred back to the Board of Zoning AaDustments. Mr. Smith opened the Public Hearing and the applicant was not present, so the Public hearing was closea since no one else spoke. UPON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 84-83 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: -8- 1/2/85 - BZA 1 Minutes, H. B. Board of Zoning Adjustments January 2, 1985 Page 9 CONDITIONS OF APPROVAL: 1. The conceptual plot plan receivea December 17, 1984, shall be the approved layout for the four (4) temporary outdoor events. 2. Fire access lanes shall be maintained. If fire lane violations occur, and the services of the Fire Department are requirea, 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 each event. 4. Needle syringes shall be rendered non -usable and discarded as required by S.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 each event. 6. The Board of Zoning Adjustments reserves the right to cause revocation of this Use Permit at any time if a complaint or complaints are received regarding the use. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 64-87 Applicant: Nagin K. Patel A request to permit a 63-unit Motel and Manager's Quarters - Lounge and Conference Building. Subject property is located at 19360 Beach Boulevard (East side of street approximately 565 feet north of Yorktown Avenue). This request.is covered by Negative Declaration No. 84-13. Mr. Hess reported the applicant is proposing to add three (3) more units, along with Manager's quarters and a Lounge/Conference Building, to a previously approved site plan. Staff does not feel parking spaces can be provided for such an expansion. -9- 1/2/85 - BZA Minutes, H. B. Boara of Zoning Adjustments January 2, 1985 Page 10 Messrs. Evans and Smith did not feel the plan was ready to be presented to the Board, and the applicant's representative, John Swint, asked to explain the changes. Mr. Swint stated the Lounge would be used only as an area for salesmen to congregate rather than sitting in their room. He suggested the use of the Lounge could be covered by a covenant ensuring proper use. During a general discussion, it was determined the Lounge/Conference Building should be aeleted, a revised site plan submitted, and Item No. 19, which reads "The lounge shall be used only,by motel occupants", should be deleted. UPON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-87 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Deletion of the Lounge area. b.. Minimum eight percent (8%) of the site landscaped. C. Parking stalls adjacent to walls must be minimum twelve feet (121) in width. 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. C. Elevations'to be reviewed and approved by the Design Review Board. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 4. Driveway on Beach-Boulevara shall have a minimum width of thirty feet (301). -10- 1/2/85 - BZA Minutes, h. B. Board of Zoning Adjustments January 2, 1985 Page 11 5. Applicant shall pursue CalTrans approval of radius type driveways on Beach Boulevard. 6. Low -volume heads shall 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 off -site facility equipped to handle them. 8. 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. 9. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 10. A aetailed 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. 11. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 12. Linen rooms are prohibited from conversion to motel units. 13. Applicant shall comply with'Southern California Edison Company's requirements in relation to construction of pools and structures adjacent'to easement. 14. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 15. A fire alarm and an automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 16. The area between the building and South property line shall be paved. 17. Except within the front yard setback, a six foot W ) high decorative masonry wall shall be constructed on the property's perimeter. 18. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. -11- 1/2/85 - BZA Minutes, H. B. Board of Zoning Adjustments January 2, 1985 Page 12 19. 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 resort, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). AYES: Cranmer, Evans, Godtrey,..Smith, Vincent NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 84-28 Applicant: R. Jon G. Harvey/Der Wienerschnitzel A request to permit enclosure of'outside eating.area.of 435..Square Feet (Use Permit No. 68-25) at 18012 Beach Boulevard (Southeast corner of Beach Boulevard and Talbert Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff reported the applicant is.proposing to improve the property by enclosing the patio and increasing the landscaping on Ellis Avenue and Beach Boulevard. Daryl Smith felt a retaining wall or curb section should be installed at the South end of the property. Jon Harvey, the applicant, was present. Mr. harvey stated he was not aware of any reciprocal parking arrangement with adjacent owners. UPON MOTION BY EVANS AND SECOND BY SMITH, SITE PLAN AMENDMENT NO. 84-28 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site -plan shall be submitted depicting the modifications described herein: a. Five (5) additional.parking spaces. b. Additional landscaping on each side of the Beach Boulevard driveway. c. The arive-thru lanes in the parking area up to the order sign shall be eliminated, and remove the arrows at each driveway. -12- 1/2/65 - BZA 1 Minutes, h. B. Board of Zoning Adjustments January 2, 1985 Page 13 d. Dimension of property lines, ariveways, parking spaces, building setbacks, etc. e. Extend southerly retaining wall for new planter so as to create a minimum six inch (60) high curb to abutting alley. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Departments of Development Services and Public 4vorks 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 proposea to screen said equipment. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The roof sign shall be removed and the pole sign shall be modified to conform with Article 976, Sign Code, of the Huntington Beach Ordinance Code. 5. Proposed structures shall be architecturally compatible with existing structures. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None There was no further business to be discussed. Upon motion by Les Evans and second by Jim Vincent, the meeting was adjourned to the pre -review meeting on Monday, January 7, 1965, at 10:00 A.M. i Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (1847a) -13- 1/2/85 - bZA