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HomeMy WebLinkAbout1985-12-11MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 11, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Poe, Smith, Strange STAFF MEMBERS PRESENT: Hess, Franklin MINUTES: MINUTES OF THE REGULAR MEETING OF DECEMBER 4, 1985, WERE DEFERRED TO THE MEETING OF DECEMBER 18, 1985, FOR LACK OF VOTING MEMBERS. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-72 USE PERMIT NO. 85-70 Applicant: T. W. Layman Associates A request to construct a 6,604 Square Foot commercial building with a variance to permit zero (01) lot line development along the South property line in lieu of a ten foot (101) setback. Subject property is located at 6472 Edinger Avenue (Southwest corner of Edinger Avenue and Edwards Street). This request is covered by Categorical Exemption, Class 1 and Class 5, California Environmental Quality Act, 1984. Scott Hess reported the property is located in a C-4 Zone and is currently vacant. The applicant is proposing a commercial building to be constructed on the South property line. Staff has notified the adjacent property owners and has received negative responses from four (4) of them. Staff has reviewed the proposed design and is recommending approval with conditions - one of which is that no restaurants, cocktail lounges, or dancing establishments will be allowed and another that the hours of operation for the building tenants will be from 7:00 A.M. to 10:00 P.M. Daryl Smith asked about the advantages of the zero lot line construction, and Staff explained that trash cannot build up in the area and it eliminates the possibility of vagrants congregating. Mr. Smith also called attention to the height of the wall and suggested it be a minimum of six feet (61) high from the highest side. Minutes, H. B. Board of Zoning Adjustments December 11, 1985 Page 2 The Public Hearing was opened and Tim Saivar was present to represent the applicant. Mr. Saivar.said_he had heard the conditions and agreed to them. c.- John H. Zimmerman, 16061 Gold Circle, -expressed a definite concern over maintenance of the power lines ,and .transformers,_as-well as the danger of not being able to,get;.fire _equipment to their residences. He feared that the Edison Company would have to knock down his block wall to maintain the power lines and he would have to bear the expense himself of replacing the wall in such an event. Mr. Zimmerman also mentioned the unpleasantness of facing an eighteen foot (181) wall in their back yards. Another resident, Florence M. Silverstein, 6431 Bellinger Drive, spoke against construction of the project because she and her husband were afraid of burglars or thieves scaling the six foot (61) high fence and getting into their home. Mrs. Silverstein was also concerned about the noise and lighting interfering with her family's sleep and rest since she has small children. Barry Case, 6421 Bellinger Drive, was very disturbed about the possible disruption of his family's life style by having an eighteen foot (181) wall in their back yard and the development of a commercial enterprise with noise, lighting and signage problems adjacent to his residence. Mr. Saivar requested rebuttal time in an attempt to alleviate the concerns of the adjacent property owners. There was no one else present to speak for or against the project so the Public Hearing was closed. Daryl Smith explained that the property was zoned for commercial development and, in his opinion, the proposed project would be an improvement over the service station which had been at•the location with its attendant problems of car repair noises, tow trucks coming in and out, and service bells ringing. Mr. Smith further assured the residents the landscaping installation would be monitored to prevent any high hedges or hiding places for robbers or vagrants. After a further discussion concerning the fears expressed by the residents, Michael Strange asked the applicant's representative why the building wall would need to be eighteen feet (181) high for a one-story building and whether the applicant planned on having mezzanine storage in the structure. Mr. Saivar, the applicant's representative, replied there would be no mezzanine storage and the height of the rear building wall was determined by the use of truss type construction. Mr. Strange stated he felt the rear wall could be easily lowered to a ten (10) or twelve foot (12') height which would not be so objectionable to the adjacent residents. -2- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December 11, 1985 Page 3 UPON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 85-72 AND USE PERMIT NO. 85-70 WERE APPROVED WITH -THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL- CONDITIONAL EXCEPTION• 1. Because of special circumstances applicable to the subject property, including size, shape, -topography, -location or , surroundings, 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. The parcel is a corner lot and abuts residentially -zoned properties on,two.(2) sides., 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of -one or more substantial property rights. 3. The granting of Conditional Exception No. 85-72 for zero foot (01) building setback will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. It -will provide for a better development and reduce landscaping maintenance problems in the future. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION: 1. All conditions of Use Permit No: 85-70 shall be applicable. FINDINGS FOR APPROVAL - USE PERMIT: 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. -3- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December 11, 1985 Page 4 CONDITIONS OF APPROVAL - USE PERMIT: 1. The site plan received and dated December 2,•1985, and elevations shall be revised depicting the modifications described herein: a. Extend the mansard roof on the East building wall to within ten feet (101) of the southern corner. b. Provide landscaping along theentirearea between the East ,.side of,the building and,Edwards Street. c. Widen,the sidewalk adjacent,to the,building:two and one-half feet (2-1/2').,and,the planter area along Edinger Avenue :two and 'ofe-ha!t,'feet (2-1/2') in order to eliminate the need for wheelstops. d. Widen the planter along the West property line two feet (21) an'd'eliminate the wheelstops. e. The transformer pad shall be located near the Southeast corner of the.building., f. Indicate proper elevations for each side. 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. I - 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. Intensified landscaping, including twenty-four inch (24") box trees every twenty feet (201) shall be provided along the westerly property line provided it does not create a screening barrier.- 3. Landscaping shall comply with S. 979 of -the Huntington Beach Ordinance Code.- 4. Special architectural treatment shall be provided on the rear building wall. Such treatment is subject to approval by the Department of Development Services. -4- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December,ll, 1985 Page 5 . 5. 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. Only one (1) free-standing sign may be permitted and shall be monument -type and not exceed seven feet (71) in height. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. Maximum separation between building wall and property line shall not exceed two inches (2") along the southern property line. 8. Driveway approaches shall be a minimum of twenty-seven feet (271) in width, shall be of radius type construction, and shall be aligned with on -site planters. 9. All existing driveways not utilized by the proposed development - shall be replaced with full width curb, gutter, and sidewalk per Public Works standards. 10. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 11. All roof -mounted equipment shall be fully screened from public visibility and designed and/or insulated so as not to create any annoying disturbances to abutting residential properties. 12. Natural gas shall be stubbed in at the locations of 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 off -site facility equipped to handle them. 15. 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. 16. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 17. Business hours of all tenants within the commercial center shall be limited to between 7:00 A.M. and 10:00 P.M. Restaurants with seating, cocktail lounges, and dancing establishments shall be prohibited. -5- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December ll-, 1985 Page 6 AYES: Evans, Poe, Smith NOES: Strange ABSENT: Cranmer USE PERMIT NO. 85-83 Applicant: Huntington Beach Chrysler -Plymouth A request to permit the use of flags, banners and pennants for promotional purposes for a period of's'ixt'y (60) days: Subject property is located at 16661 Beach Boulevard (West side of Beach Boulevard at'intersection,of Chrysler Drive).', This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff stated the Land Use Division is enforcing a Code requirement for obtaining permission to install banners, flags or pennants on buildings or property, and the applicant is requesting permission to allow his existing banners, flags and pennants to remain in place for a period of sixty (60) days-. Staff has reviewed the request and is recommending approval for sixty days from date of his application on November 26, 1985. This would mean the banners, etc., would have to be removed on or before January 26, 1986. The Public Hearing was opened by Chairman Smith and Ron Berry was present to represent the applicant. Mr. Berry said his company had made quite a large investment in these banners and other items for advertising purposes and they would like to leave them in place through a sales period. He pointed out that other dealers along Beach Boulevard had had flags, etc., in place for over four (4) years. - Michael Strange explained to Mr. Berry that the City had just recently obtained the "manpower" to enforce these Code requirements and they would be conducting a campaign to eliminate these banners for the beautification of the City image. There was no one else present to speak so the Public Hearing was closed. UPON MOTION BY SM1TH AND SECOND BY STRANGE, USE PERMIT NO. 85-83 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The existing banners, pennants and flags, as shown on photographs dated November 26, 1985, shall be permitted for a period of sixty (60) days, retroactive from November 26, 1985, through January 26, 1986. -6- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December 11, 1985 Page 7 2. All banners, pennants and flags shall be removed by January 27; 1986. 3. No banners, pennants, or flags shall be installed on the subject property without prior Board of Zoning Adjustments approval. AYES: Evans, Poe, Smith, Strange NOES: None ABSENT: Cranmer ADMINISTRATIVE REVIEW NO. 85-56 NEGATIVE DECLARATION NO. 85-69 Applicant: BEY Architects A request to construct a 36,000 Square Foot industrial building within a M1-A Zone. Subject property is located on the North side of Oceanus Drive approximately 220 feet West of Graham Street. This request is covered by Negative Declaration No. 85-69. Staff reported the subject property is presently vacant and is located in an M1-A Zone. The applicant is proposing a "U" shaped building for general industrial type uses. Staff has reviewed the request and has prepared conditions for approval. Mr. Hess also reminded Chairman Smith that the Negative Declaration must be approved prior to approval of the Administrative Review. The applicant's representative, John Ferrin, was present and asked if the second storage enclosure was necessary. Staff explained it was and the applicant's representative stated they would be losing a parking space at that location. Daryl Smith pointed out that without it the tenants would have to carry their trash almost five hundred feet (5001) and he doubted they would do that. Rick Shapiro, also representing the applicant, asked about the ten percent (10%) limitation on office use in each suite. He explained they might have one tenant with fifty percent (50%) office use and others with none. He requested that the condition be changed to allow twenty percent (20%) office occupancy for the entire building, but Staff stated the office use would have to remain at ten percent (10%) for office occupancy for the entire building. Tom Poe also called attention to the fact their plans showed only one (1) fire hydrant and two (2) would be required. UPON MOTION BY EVANS AND SECOND BY SMITH, NEGATIVE DECLARATION NO. 85-69 WAS APPROVED BY THE FOLLOWING VOTE: -7- 12/11/85 - BZA Minutes, H. B. Board of Zoning Adjustments December 11, 1985 Page 8, AYES: Evans, Poe, Smith, Strange NOES: None ABSENT: Cranmer UPON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 85-56 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 12, 1985, shall be revised depicting the modifications described herein: a. An additional trash enclosure shall be provided at the Northwest corner of the site. b. The parking space at the Northwest corner of the central parking area shall -be diagonally striped for turnaround only. The handicapped space shall be provided adjacent to this turnaround area. c. Colors on the elevations to be reviewed and approved by the Development Services Director. 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: 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 5. Driveway approaches -shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 6. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. -8-. 12/11/85 - BZA 1 Minutes, H. B. Board of Zoning Adjustments. December 11, 1985 Page 9 7. An automatic fire.sprinkler system shall be approved and installed pursuant to'Fire Department regulations. 8. There shall be no outside storage. 9. All work activities shall be conducted wholly within the - building. 10. The: applicant -.shall- obtain-, the. necessary permi.ts,(from the, South Coast: A.i:r-_,Quality-�Management District _depending upon -types of uses, 11. All .signs-sha11..comp1y w_ith._Article -975 of, _the,Huntington- Beach Ordinance_ -Code..:.. -All-,free-standing signs .shall be_ low=profile, monument -type signs. 12. Natural:-gas,_sh'alli-be �stubbed::in, :at the locations -of'-water- heaters and central _heating units.- 13�. Low -volume �hea.ds ;shall be _used on •all -spigots-=and water faucets. 14. All bu,ildin.g.-spoils,, such as .unusable slumber-, -wire, pipe,, and other ,surplus, 'or: unusable:.material., .shall -,be, disposed- of at an off -site facility equipped: to: handle them-. , , 15.- If lighting is included ,irn the ;park:ing lot, ,high-pressure sodium- ,vapor-: damps .shall be. used --for ,energy savings. • All outside lighting shall -be directe'd.to prevent."spillage" onto adjacent properties. -16. A' detailed ;soils. analysis_ shall ..be..prepa'red 'by'- a registered Soils. -Engineer.-.., This•,analys'is.,shall- include on=site- soil sampling and.:laboratory:_testing, of- materials- to provide detailedi_recommendations:regar-ding grading, -,chemical and fill properties,- foundations,} retaining walls-,, streets, and utilities. 17. If foil -type insu-lation.is,to be used;.a fire retardant type ,- shall- be-;,insta-lled• as. approved by: the Building Division. AYES: Evans, Poe, Smith, Strange ; NOES: None ABSENT: Cranmer �Z 12/11/85 - BZA Minutes, H. 3. Board of Zoning Adjustments December 11, 1985 Page 10 MISCELLANEOUS AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 85-399 (W) Applicant: Hartge Engineering A request- to consoli�date.two.(2) .lots into-one,(1) and -Waiver of Final Map. The subject property is located on the_East side of Metzler Lane approximately 344 feet South of Slater Avenue. This request is covered by Categorical Exemption, Class 5, California -Environmental Quality Act, 1984. Staff reported the applicant proposes consolidation of two (2) lots into one (1) and is requesting a Waiver of the Final Map. All dedications have been made-and,Staff is -recommending approval. Les Evans asked if only the lot line between the lots was being removed and _Staff ,repli,ed -that- was ;correct. - , Joe Hartge,was present to represent the applicant. He stated the Assessor's Parcel Map indicated the dedications had not been made; however, the street had been in for years. Scott Hess suggested the Waiver of the -Final, -Map be- predicate.d:upon:all street dedications and improvements -being done -to the,satisfact,ion-of _the Public Works Department. UPON MOTION BY EVANS AND SECOND.BY.--,POE,;TENTATIVE,PARCEL.MAP NO. 85-399 (W) WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE,FOLLOWING VOTE: - FINDINGS FOR APPROVAL: 1. The propcsed.conso-lidati-on complies.with.the requirements as to area, improvement 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:_ A. TO BE COMPLETED.PRIOR TO USE OR OCCUPANCY;OF. SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative.Parcel•Map,,received by the Department of Development Services on December 2, 1985, 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 -10- 12/11/85 - BZA Minutes, H. B. Board of.. Zoning 'Adjus.tments . December 11, 1985 Page 11 with ;the :approved •plat °map. A copy of the -recorded -Certificate of Compl4 ance,and plat,map shall be'filed with the Department of nevelopment.Services_pri.or to issuance of=building permits on the subject property. 3. Prior:to-Waiver-of-Fin-al Map, proof -of -dedication of Metzler .- Lane-for.„the:entire length.oft-the=parcel shall--be-made. AYES: Evans, Poe, Smith, Strange NOES: None ABSENT: Cranmer TENTATIVE PARCEL MAP NO. 85-454 (•W), Applicant: Michael L. Di Me lio' A request for consolidation of two (2) lots•into one (1)• and Waiver of Final.Map. _:Subject property.is "located at 214 Detroit Avenue (South side of Detroit-,Avenue•approximately 175 feet' --East ofAlabama Street). This request is covered by Categorical• Exemption, Class 5, California Environmental Quality Act, 1984. Staff reminded,the Board:they"had granted�a variance on•this particular property about two weeks before and one of the conditions called for_ consolidation of these lots.- This Tentative Parcel Map has been.reviewed by the Director of-Development-Services'and the City Engineer, and•Staff.is:recommending approval. The applicant -,, -Michael L".. Di.: Meglio,-: was notl present. UPON MOTION; BY;. EVANS, AND;,SECOND BY STRANGE, " TENTATIVE PARCEL MAP NO. 85--454,• (W- WRS., APPROVED; WITH' THE"FOLLOWING- FINDINGS• AND CONDITIONS, BY THE FOLLOWING FINDINGS FOR APPROVAL: - 1.--The proposed consolidation complies -with the requirements as to area, improvement 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•Subdivisiow Section of the Ordinance Code. CONDITIONS OF APPROVAL: A. .TO BE,COMPLET_ED:PRIOR TO USE OR OCCUPANCY OF'SAID- PARCELS) FOR ANY PURPOSE: -11- 12/11/85 - BZA Minutes, H. B. Board of,Zoning Adjustments December 11, 1985 Page 12 1. The Tentative Parcel Map received,.by-_the.De'partment-�of,- Development Services on December 4, 1985, 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 Recor-der'-s� Office, -a- Certificate -of Compliance in conjunction with -the: .approved •plat-. map,., 'A­ecopy° of£i-the,­recorded Certificate of Compliance and plat map shall be filed with the Department of: Develbpmen-t-­Ser.v ces. priori. --to t ssuarice�-­of� bu-ilding1 permits on the subject property-.- =t.:r ; _.... AYES: Evans,,,==P_oe,_,�Smith ,St -range :r .__.. _ <�, ri_, NOES: Non'e;r,ir;. ABSENT: Granmer; .,,.,,0'­-,'t Daryl- Smith,,=ma'de- a' nomina-tiori�, 'se'ctinded by,L'es!=Evarisy that' Jim Vincent be Chairman of=the:(Board° fbr3--1986- -�'-Tom Poe stated• that: it was possible he would be replacing Mr. Vincent on the Board for the coming -,year,, whereu,p-on; xMr::' :Smith -and`-Mt-,.-; Evans, -rescinded: their • nomination.-- .Daryl -,Smith 'then•.nominated•.the Fire -Department , - representative,l:-whether;- Lt-•be�(Jim- -Vincent--or Tom, -Poe --,'-for; the position.:of Chairman, of.cthe_­Boar4,_of: Zoning: Adjustments-,. with Ross Cranmer, to.;be ,thelXice--C-h_a1rman,., Thisrmotion; wasl:seconded. by Les Evans and voting on these nominations will be conducted at the' Regular Meeting of December 18, 1985. There was -,no.- fur-theri:business.',to:-b.ei• presented to, the Board -for-their consideration. UPON MOTION BY SMITH AND SECOND BY EVANS,­TJE-�REGULAR_MEETING•__WAS ADJOURNED TO A STUDY -BER 16, 1985, AT 10:00 A.M.;,;-BY-THE rF_OLLOWING; VOTE:.1 AYES:,. Evans, -Poe-, Smith_°, "Strange NOES. -None.:_ __­ ABSENT: Cranme.r-- Glen K. Godfrey, Secretary Board of Zonings Adjustments: „',•. jh - - - (3908d) --12- 12/11/85 - BZA