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Home My WebLink About1985-05-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 1, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Poe STAFF MEMBERS PRESENT: Pierce MINUTES: UPON MOTION BY EVANS AND SECOND BY CRANMER, MINUTES OF THE REGULAR MEETING OF MARCH 27, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer Evans, Godfrey, Poe NOES: None ABSENT: None ABSTAIN: Smith UPON MOTION BY EVANS AND SECOND BY CRANMER, MINUTES OF THE REGULAR MEETING OF APRIL 3, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith NOES: None ABSENT: None ABSTAIN: Poe REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 85-160 (Cont. from 4/24/85) Applicant: B. G. Williams A request to create three (3) parcels at 20800 Beach Boulevard (East side of Beach Boulevard approximately twenty feet (20') North of Atlanta Avenue). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1970. Susan Pierce reported that this application had been continued to allow Staff to meet with the Director of Development Services and the City Engineer. Staff said the Director had indicated that he did not feel a planned residential development should be allowed on a parcel of less than five (5) acres in site. Minutes, H. B. Board of Zoning Adjustments May 1, 1985 Page 2 There was a discussion by the Board members relative to providing a median in the reciprocal drive exiting into the Beach Boulevard frontage road, possibility of moving property lines in southerly direction, and installing street improvements on Beach Boulevard frontage road and Atlanta Avenue. Glen Godfrey stated the applicant was proposing the creation of a parcel which could not be properly developed. Les Evans said he did not feel this Tentative Parcel Map was ready for the Board's approval. The applicant's representative, Joe Hartge, was present. After further discussion, Mr. Hartge requested a continuance of two weeks to resolve the problems. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO.- 85-160 WAS CONTINUED TO THE REGULAR MEETING OF MAY 15, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None USE PERMIT NO. 85-21 Applicant: Dr. William Henry A request to permit a temporary outdoor event on May 4, 1985 (Charity Bazaar) at 16899 Algonquin Street (Northwest corner of Algonquin Street and Davenport Drive - Huntington Harbour Mall). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Staff stated this organization has had a similar event at this location for the past several years, and Police has responded that they have no problem. If the Fire Department has no problem, Staff would recommend approval of this request. Daryl Smith opened the Public Hearing and Dr. William Henry was present. He stated the event was held by the Huntington Harbour Angler's Fishing Club to raise money for deprived children. The Club charters a fishing boat to take approximately twenty children from the Albert Sitton Home and Fountain Valley Boy's Club on a fishing trip. Daryl Smith reminded the applicant that insurance and hold harmless agreements would have to be filed immediately and Dr. Henry stated these requirements had been met. -2- 5/l/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 1, 1985 Page 3 There was no one else present to speak for or against this request so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-21 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plot plan received April 15, 1985, shall be the approved layout. 2. Signs shall be prohibited within the public right-of-way area. 3. Fire access lanes shall be maintained. 4. The applicant shall obtain all necessary electrical permits. 5. Certificate of Insurance (including Hold Harmless Agreement) shall be submitted to the Risk Manager of the City of Huntington Beach five (5) days prior to the event. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 85-14 Applicant: Joel I. Kudler A request to amend a previously approved site plan and to permit a storage container to be located in the parking lot at 6800 Warner Avenue (South side of Warner Avenue approximately 725 feet West of Golden West Street). This request is covered by Categorical Exemptions, Class 5 and Class 11, California Environmental Quality Act, 1970. Staff stated this is a request to have an existing storage container relocated to the rear of this property. The Planning Commission has stipulated a requirement that, within thirty (30) days of amending this site plan, this structure should be removed. The applicant has filed for permanent status for this structure to be relocated to the Southeast corner of the property. Staff would not recommend approval of this request. Daryl Smith stated that his interpretation of the Planning Commission's recommendation was to remove it from the site and he would suggest the Board either deny the request or refer it back to the Planning Commission. -3- 5/l/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 1, 1985 Page 4 The applicant, -Joel I. Kudler, was present and explained that the Planning Commission was checking on a sign permit application when they discovered the storage container. The container did not have a permit and was located in the setback area. Planning Commission had no choice for consideration of it in the present location; however, Standard Brands would like to move it to the rear of the property where it would be out of sight. UPON MOTION BY EVANS AND SECOND BY SMITH, SITE PLAN AMENDMENT NO. 85-14 WAS REFERRED TO THE PLANNING COMMISSION MEETING OF MAY 22, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Smith, Poe NOES: Godfrey ABSENT: None Glen Godfrey asked that the record reflect he had voted "NO" because he felt the Board could either condition the request or deny it. Daryl Smith broached the subject of the seismic requirements for the downtown area and the Board's responsibility when granting approval of applications in this area. SMITH MOVED, SECONDED BY GODFREY, THAT THE BOARD OF -ZONING ADJUSTMENTS REQUEST A LEGAL OPINION FROM THE CITY ATTORNEY AS TO THE BOARD'S RESPONSIBILITY IN GRANTING APPROVAL OF APPLICATIONS FOR PROJECTS LOCATED IN THE DOWNTOWN AREA WHICH ARE COVERED BY THE SEISMIC REQUIREMENTS. MOTION PASSED BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None Regarding the subject of the City Attorney's "CONFIDENTIAL" memo, Mr. Smith reported that Ms. Hutton has now sent the Board of Zoning Adjustments a copy of "Open Meeting Laws", a publication of Attorney General John Van de Kamp, relative to compliance with the Brown Act. Mr. Smith read a portion of the report regarding "Special Meetings" which is as follows: "Moreover, absent a written request therefor, the legislative body is not required by the Act to provide the media with notice of its special meetings. (62 Ops.Cal.Atty.Gen. 658 (1979).)" -4- 5/1/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 1, 1985 Page 5 Glen Godfrey stated the Board should request that the City Attorney send the Board a "set of rules" for the adjourned meetings on Monday morning. Mr. Smith said he would contact the City Attorney for an answer to the dilemma of not being able to review the projects prior to the regularly scheduled meetings. There was no further business to be discussed. UPON MOTION BY EVANS AND SECOND BY SMITH, THE REGULAR MEETING WAS ADJOURNED TO THE REGULAR MEETING OF MAY 8, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh -5- 5/1/85 - BZA