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HomeMy WebLinkAbout1985-06-19MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 19, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Poe, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY'EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF MAY 22, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith NOES: None ABSENT: Cranmer ABSTAIN: Poe REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-2 AND USE PERMIT NO. 85-5 (Continued from June 12, 1985) Applicant: Gerald Sy Golob CEREQUEST: To permit 1) a reduction of the number of parking spaces from fifteen (15) to fourteen (14), 2) to allow for two (2) compact parking spaces without benefit of having a minimum of twenty (20) spaces, and 3) a reduction in rear yard setback from ten feet (10') to zero. UP REQUEST: To permit a 2;850 Square Foot commercial building. Subject property is located at 17011 - 17021 "A" Street (Southwest corner of "A" Street and Warner Avenue). These requests are covered by Negative Declaration No. 76-100. Scott Hess said the applicant is requesting several variances for this project as listed in the above requests. Because of the many variances, Staff__is recommending denial; however, alternate action findings have been prepared for the Board's use if they so desire. Minutes, H. B.,Board of Zoning Adjustments .Tune 19, 1985 Page 2. Glen Godfrey mentioned this was the same property which had been previously reviewed as a fishing supply store. Daryl Smith said he understood this property had been approved by the Planning Commission and Glen Godfrey explained the Planning Commission's Qualified Zoning approval did not include a pet shop. Mr. Godfrey further stated the Board should consider the suggested use in proximity to the adjacent residences; i.e., a pet shop use could be quite different than a fishing supply store. Tom Poe asked if a fire wall was being required at the back of the property and Mr. Godfrey said it was. The Public Hearing was opened by Daryl Smith for both requests and Jeff Eastman was present to represent the applicant. Mr. Eastman stated the proposed use would be equivalent to the fishing supply store - that there would be no basic difference in the retail activity. Chairman Smith closed the Public Hearing since there was no one else present to speak for or against the project. Daryl Smith said he would be concerned that the applicant might have outdoor clinics or other activities and wanted to condition against that sort of thing. Ross Cranmer arrived at the meeting at this time - 1:45 P.M. UPON MOTION BY EVANS AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 85-2 AND USE PERMIT NO. 85-5 WERE APPROVED WITH THE FOLLOWING ALTERNATE ACTION FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION:. 1. Due to the excessive dedication which was required along Warner Avenue, granting of Conditional Exception No. 85-2 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under the identical zone classification. 2. Because the subject property is irregular in shape, as demonstrated by its corner location, the strict application of the Zoning Ordinance is found to drprive the property of privileges enjoyed by other properties in the vicinity and under identical zoning classifications. 3. The granting of Conditional Exception No. 85-2 is necessary to preserve the enjoyment of one or more substantial property rights. -2- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 19, 1985 Page 3 4. The granting of the conditional exception will not be materially detrimental to the public welfare nor injurious to property in the vicinity. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION: 1. The site plan dated January 18, 1985, shall be the approved layout. 2. All Conditions of Approval of Use Permit No. 85-5 shall be applicable. FINDINGS FOR APPROVAL - USE PERMIT: 1. The establishment, maintenance and operation of the proposed 2,850 Square Foot retail structure for the sale of pets and pet accessories 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. CONDITIONS OF APPROVAL - USE PERMIT: 1. The site plan, floor plans, and elevations received and dated January 18, 1985, shall be the approved layout subject to a revised site plan being submitted depicting: a. Handicap parking space. 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating Lots 19 and 21 of Tract 298. Said map shall be recorded prior to final inspection. 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. -3- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 19, 1985 Page 4 4. The development shall comply with -all- applicable -provisions of the Ordinance Code, Building Division,:and:Fire Department. 5. Fire lanes, as determined by the Fire Department, shall be =-'-=..posted and marked.; -specifically, the entire length of the store -- 6. Maximum_separation between building-wall.and,proper-ty line ---- shall= not --exceed `two -inches (2"). -7.------ The:'wall--at-`zero-property line at the rear of the building shall be .construc.ted of ,maintenance free -masonry :mater_ial. 8. Driveway .approaches shal�l1. e 'a minimum of. =twenty=seven feet (271) in wifdth,-and-'shail be' of' -radius type construction. 9._ Street and alley ded-i'ca'tions-and street and alley improvements shall be subject to the approval of the Public Works Department. 10. All -signs'- shall comply with Article 976 of the Huntington Beach Ordinance Code. 11. .The -applicant= -"shall obtain all necessary permits from Orange County Animal- Serv,ices..- - 12. Measures, -shal'1 bet incorporated into the project to contain nofe`and-'odors- which -may be generated by the pet sales. 13.. No=outdoor events -such as' -flea -dips, rabies clinics, etc., shall_'be, permitted: 14: No `outdoor uses such -'as kennels, dog runs, aviaries, etc. ,- shall"b-e permitted. 15. The' -Board of,"Zoning` AdjusEmen ts} reserves ,the' right to'- revoke -this.-Use Permit in,the.,event-of-.any violation -of -.the conditions stated:herein;_or of the_Huntington Beach Ordinance Code. 16. _Low -volume heads shall be used on all spigots and water faucets. 17. -All building -spoils, such as unusable lumber;wire, pipe, and other surp, lus_or unusable material,,shall be disposed of at an offsite- facility; equipped to' handle: them. 18. 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. -4- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments .tune 19, 1985 Page 5 19. 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. 20. If foil -type insulation is to be used, a fire retardant type shall be installed as,approved by the Building Division. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Cranmer USE PERMIT NO. 85-31 Applicant: Norman and Colleen Chapman A request to permit an addition to a single family residence with nonconforming side yard setbacks. Subject property is located at 616 Ninth Street (East side of Ninth Street between Acacia Avenue and Palm Avenue). This request is covered by Categorical Exemption, Class 1, . California Environmental Quality Act, 1970. staff said this is an addition to a family room on an existing residence. The addition will be on the second floor and will expand existingthe garage by six feet (61). Staff has some concerns about the garage setback. Staff would recommend approval of the project with the demolition of the old garage and construction of a new one located with a 7-1/2 foot setback. Mr. Hess presented pictures to the Board which he had taken of the site. Daryl Smith called attention to the fact some of the garages in this area are actually at zero setback. The Public Hearing was opened by Chairman Smith, and the applicant's representative was Ms. Kay McCloud. She stated Howard Zelefsky had gone over the proposed project with her and the applicant would like to keep it as originally presented if possible. The architectural look will continue with siding like the house. Les Evans asked about the proposed cost of the entire project and Ms. McCloud said the applicant plans to spend approximately $8,000.00 without labor (which he'will do himself). -5- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments. .Tune 19, 1985 Page 6 There -,was no- one, else - present _to -speak _._for - or: -,against the project so the Public Hearing ..was -closed. _ UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-31 WAS APP.ROVED�,WITH THE FOLLOWING:;FINDINGS AND CONDITIONS, BY THE FOLLOWING --VOTE:"-_ FINDINGS FOR APPROVAL: 1. The addition;;to, a single-,family:residence with -none_ onforming yards,-will.not be detrimental to: ;a-s The general -welfare; -of -persons residing or working in the 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.cons_istent,.with.the..City's.General-.Plan.-Of Land Use. - - CONDITIONS: OF -APPROVAL:,. 1. The floor plans and elevations received and dated May 29, 1985 =shall be thef appnoved-3 t:' 2. A' revised; site plan• shall-be-.submitted:depicting: the= - modifications: -described herein:,-,-.'.._ a. New garage shall be erected in compliance with Article 935. b. The garage shall be located 7-1/2 feet from the ultimate right -of -way ­_of` the -'a11ey. 3. The-new•-garage:shall:be-constructed:-concurrent with or prior to ,the addition to the residential structure. 4. Special:architectural._treatment shall be provided'on all 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- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 19, 1985 Page 7 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 foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 85-33 Applicant: Barker Bros./Pat Markowitz A request to permit an outdoor furniture promotion in a 60' x 90, tent from June 17 through June 24, 1985. Subject property is located at 83 Huntington Center (North side of Edinger Avenue approximately 500 feet West of Beach Boulevard). This request -is covered by Categorical Exemption, Class ll, California Environmental Quality Act, 1970. Staff reported this is a continuance of what was approved last -'week so the applicant can continue through another week -end. Tom Poe stated everything was in order except the electrical. They are operating during the day hours and not using electricity. Chairman Smith opened the Public Hearing and Pat Markowitz was present.to represent the applicant. Ms. Markowitz said they do now have the electrical permit and have done everything that Mr. Wiggins of the Fire Department has required. The Public Hearing was closed as there was no one else present who wished to speak. UPON MOTION BY CRANMER AND SECOND BY POE, USE PERMIT NO. 85-33 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site layout shall be substituted by a precise site layout. 2. Fire access lanes shall be maintained. -7- 6/19/85 - BZA Minutes,. H_ B. Board of Zoning Adjustments .Tune 19, 1,985 Page 8 3. . The: applicant•lshal,l..-obtain �al.l :necessary. _electrical permits. 4. Certifi-cate:. of -,Insurance (•including : Hold ,Harmless Agreement ) shall :be approved, -by -the Risk. • Manager _of :-the =City -of Huntington Beach - five , (5), .days :prior ;to -._the -_event.. AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: A : None ABS ENT:.�;None ADMINISTRATIVE•;REV•IEW,-NO:--85-29 Applicant: Boy?,Scouts of America, Troop 1 A-,reque,st to permit. -a seasonal parking lot to be located on the North side of Pacific Coast Highway between Ninth Street and Tenth Street.: This request is covere'dby!Categor-i_ca1- Exemption, Class 11, California,Environmental.:Quality,-Act, 19.70. - Staff_reported they are_proposing:�a'temporary;parking.lot_-from May. 25'_through-=September 2, 1985. Staff would recommend approval if the applicant posts a $200.00 cash bond for clean-up of the site. It,was-mentioned, by Daryll_Smith-,and,_reiterated by Glen Godfrey that this was being required because the site was not properly cleaned after last year's -.use..--:_:_:_ Roger:.Wilson,-_the•:,applicant!.s,-representative,: was_,present.- . He said the lot_. opening- would-be':between Ninth;:Street--and=;Tenth-Street; _ and the:-collection--booth,-,would be(Jocated near the.-:middle:,of the,•;site..; UPON-=MOTION:.BY•EVANS-�AND SECOND BY-CRANMER, ADMINISTRATIVE REVIEW NO. 85-29 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING' VOTE: CONDITIONS OF APPROVAL: 1.: - The--conceptual°.site--_-plan,-received ,May•-24,:.1985k; shall -be• the - . approved plan. 2: The cashier's booth, -shall be ,located so,as to prevent stacking on Ninth Street or Tenth Street. , 3. � The.:development shall comply -with• -all. applicable provisions of thefOrdinance,Code (S•.9730.56, S.9730.57,-S.9730.80). -8- 6/19/85 - BZA L Minutes, H. B. Board of Zoning Adjustments June 19, 1985 Page 9 4. This approval is valid from the expiration of the appeal period - June 2.9, 1985, through September 2, 1985. 5. The applicant shall post a $200.00 cash bond for site cleanup with the Department of Development Services prior to issuance of Certificate to Operate. AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 85-6 Applicant: Thomas Kardos A request to add a Third Floor to a previously approved plan (Use Permit No. 84-65) at 17112 Bolsa Chica Street (East side of Bolsa Chica Street approximately 385 feet South of Warner Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff reported that last year the applicant received approval for a three (3) unit apartment complex on this property. Staff has concerns and is recommending denial of the project because the parking area would be in the ten foot (10') front setback area required for landscaping. Also, because of the location of the support columns for the Second and Third Floors and the fact the Third Floor bonus room could be easily converted to a bedroom for an additional unit. Such a conversion would affect the parking ratio. Daryl Smith mentioned that when the Board approved this under Use Permit No. 84-65, the adjacent resident was very concerned about the fact the ocean breeze would be blocked by this construction. That approved layout assured the resident that could not happen. Now we are hearing this as a Site Plan Amendment which does not require a Public Hearing, and those people would be unaware of this present request. The applicant, Thomas Kardos, was present. He stated he would like to add that the third story would only be over the side with the garages. It has been necessary to dedicate part of the property fronting Bolsa Chica Street to the City and this has lessened the buildable size of the lot. UPON MOTION BY SMITH AND SECOND BY GODFREY, SITE PLAN AMENDMENT NO. 85-6 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: QsIM 6/19/85 - BZA ,Minutes;, H. B. -Board -of ;Zoning :Adjustments June -19., -1985 ,Page 10 FINDINGS FOR,;DENIAL:-= 1 . The revision constitutes a -substantial, .change.-, .. z!.._: 2. 'The addition• Chas" the' °potential, --of: being -converted into additional unit or bedroom which will change density or, at minimum, _parking •requ-irements.-- 3. The revision restricts sunlight -and air to -ad"'acent , I � properties. 4 The 'rev+ision 'does not comply with Article 979. 5. The revision proposes encroachment into the front setback. -AYES:-,--' - I :Cranmer-,, Evans/_,Godfr.ey.,,,.,Poe, Smith NOES:None - --- -'-- --- - 'ABSENT:''_ None...; : i , :cur f u r n i ._ri r, MISCELLANEOUS;AGENDA-ITEMS: - �- - RECONSIDERATION -OF- CONDITIONAL -.EXCEPTION•-NQ. ;85-28, -,, - Applicant -Ernest-E:--Calkin - A=requestrto permit -a roomnaddition to encroach five -feet (5')-into the, required -ten-:foot7.(•10,',)-:setback l.onrproperty..located at 9382 Cliffwood Drive (South side of Cliffwood Drive at intersection of Kenyon Lane) This request is covered byCategoricalExemption, Class 5, California=Environmental Quality:-;Act;r,1970:; Staff•:statedr the..applicant is now; -"asking -for,"a.;lesser,'encroachment into'-the"setback-Ithan previously -requested and would like to have a reconsideration of the project by the Board. Mrs-."Donna-.=Calkin was present and stated they have a very small house - under 1,300 Square Feet. This proposed addition would make it' -more livable= -and' -.increase --the value: of: the; -house. ,..She stressed ---the- fact" they needed " the:: additional,,•; space. Dar.y-IT ,Smith ask_ ed i.f this was a two story addition and was told it was not. After considerable discussion, the consensus of the Board was that there still-:was:no -land -related.hardship_to-,w_ar_ran_t reconsideration, and the request.was denied.• -10- 6/19/85--_ BZA 1 Minutes, H. B. Board of Zoning Adjustments June 19, 1985 Page 11 ADMINISTRATIVE REVIEW NO. 85-31 Applicant: The Kar Kare Company A request to permit a temporary parking lot for July 4 through July 7, 1985. Subject property is located on the North side of Orange Avenue between Fifth Street and Sixth Street. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Staff reported this parking lot would be located on the old Civic Center site and Staff is recommending approval with conditions. The applicant's representative, Ed Bonanni, was present and stated he had dealt with Dan Brennan of the City in obtaining permission to use this lot for parking for the weekend of July 4th. He further said he hoped to obtain the lot for the Labor Day weekend. UPON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 85-31 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the following: ,a. Compliance with all requirements of Article 979 b. Accurate lot dimensions c. Access only from abandoned street to North d. Cashier's location ' 2. The cashier's booth shall be located so as to prevent stacking on Sixth Street. 3. The site development shall be subject to review and approval of the Public Works Department. 4. This approval is valid only for the period from July 4, 1985, through July 7, 1985. AYES: Cranmer, Evans, Poe, Smith NOES: Godfrey ABSENT: None -11- 6/19/85 - BZA Minutes, H. B. Board of Zoning Adjustments June -19, 1985 . Page .12. r Glen ;,Godfrey- left -.the .meeting -.at this ..time .t- 2:_40 _P.M. A discussion followed with -Richard Harlow about obtaining an extension .of ,time •for ,.Tentative Parcel .Map "No. 83-564 and Staff was ,instructed, -to schedule 'the request for 'a proper hearing. There was no further business to be discussed. 'UPON MOTSION -BY_-SMITH"AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED--TO---THE--STUDY'-SESSION ON MONDAY MORNING, JUNE 24, 1985, AT ,10:00 A.M., AFTER PROPER:POSTING OF AGENDA ITEMS,.BY THE FOLLOWING VOTE: AYES': Cranmer, "Evans,- -Poe, Smith NOES:- None ABSENT, Godfrey 1 f Glen' R: Godfre " - y,_ . Secr'etary",:, Board :of Zoning `Adjustment"s (2923d) „ . 1 -12- 6/19/85 - BZA