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HomeMy WebLinkAbout1986-03-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 12, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Sampson, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY SMITH AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF MARCH 5, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Smith NOES: None ABSENT: None ABSTAIN: Sampson REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-58 USE PERMIT NO'. 85-29 NEGATIVE DECLARATION NO. 85-15 Applicant: Pacific Coast Corporation A request to permit a mini -storage facility with variance to permit a zero side yard setback along the West property line in lieu of fifteen feet (151). Subject property is an one hundred foot (1001) wide parcel of land abutting the West side of the Southern Pacific Railroad right-of-way between McFadden Avenue and Center Drive. This request is covered by Negative Declaration No. 85-15. Scott Hess, the Staff member, reported the plans presented to the Board indicated a fifteen (15) building mini -warehouse complex totaling 109,980 Square Feet in size. The parcel on which these buildings would be constructed is long and narrow - 100 feet wide by 1,190 feet long. The property is currently vacant and abuts the Southern Pacific Railroad right-of-way on the East and the Southern California Edison right-of-way to the West. The zoning is M1 on this parcel; however, to the West the zoning is R1. Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 2 Staff further stated the request is for a variance in the setback on the West property line. Normally, on property zoned M1 abutting residential property, a fifteen foot (15'.),building setback would be required but the applicant is requesting permission to put the buildings on the property line. Staff indicated that, although the adjacent property is zoned R1, it is used for Edison right-of-way and will remain so for quite some time. The project includes one and two-story structures instead of the usual one-story type of arrangement. This project would also come under the purview of the Redevelopment Agency, according to Staff, for the Huntington Center Commercial District Redevelopment Project. -Redevelopment suggested that the project be referred to tEe Design Review Board for further review, and Redevelopment was also concerned about the project interfering with the proposed widening of Gothard Street from McFadden Avenue to Bolsa Avenue. Staff has reviewed the project and also has some concerns such as a deficiency in landscaping and parking spaces but Staff is recommending approval of the request with conditions that address these deficiencies. Daryl Smith expressed an opinion that the project should not be referred to the Design Review Board but should be revie,�ed,by Staff only. Dennis Krejci questioned the condition relative to right turn only into and off of McFadden Avenue. Scott Hess stated Staff would work with the applicant for an alternative access to the site if no access is permitted to McFadden Avenue. The subject of twenty-eight foot (281) aisleways was broached by Bill Sampson and a discussion followed concerning widening the aisleways to thirty-two feet (321). The Public Hearing was opened by Acting Chairman Les Evans and Ron Pattinson was present to represent the applicant. Mr. Pattinson pointed out that the variance request was for the area under the Edison Company power lines and there would be no residential construction in that area. Mr. Pattinson also stated that the Redevelopment Agency referred to by Staff was, in fact, only the Redevelopment Department. He further stated the Gothard Street widening project had not been approved by City Council and conditions based on presumption of this widening should not be considered. Mr. Pattinson felt there was ample parking and the project was not deficient. F -2- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 3 James Hazeltine was also present representing Pacific Coast Corporation. He said he had spoken with Tom Poe of the Fire Department relative to having direct access from the parking area to the elevator and also concerning the width of the interior drives. Dennis Krejci asked Mr. Hazeltine if he thought cars or trucks pulling utility trailers would park in the aisleways while loading or unloading their storage items, and Mr. Hazeltine replied they would probably pull in as close to the buildings as possible. There was no one else present to speak for or against the project so the Public Hearing was closed. A lengthy discussion -followed between the Board members concerning the points presented by Staff and the applicant's representatives, and it was determined many items needed to be clarified. A suggestion was made by Daryl Smith that it might be appropriate to continue the Use Permit until after the forthcoming City Council Meeting, at which time they were scheduled to discuss the Gothard Street widening. Upon questioning, Staff verified the fact'the Negative Declaration and the Conditional Exception could be approved and the Use Permit continued to a later meeting. UPON MOTION BY SMITH AND SECOND BY EVANS, NEGATIVE DECLARATION NO. 85-15 AND CONDITIONAL EXCEPTION NO. 85-58 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, 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 lot is long and narrow (100' x 11901) and abuts the Southern Pacific Railroad right-of-way to the East and agricultural use (Edison right-of-way) to the West. 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. 85-58 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -3- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 4 CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION: 1. A revised site plan shall be submitted as indicated under Use Permit No. 85-29. 2. All applicable provisions of Use Permit No. 85-29 shall be applicable. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None UPON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 85-29 WAS CONTINUED TO THE MEETING OF MARCH 26, 1986, WITH CONCURRENCE OF THE APPLICANT'S REPRESENTATIVES, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-8 ADMINISTRATIVE REVIEW NO. 86-15 Applicant: Robert Contorelli A request to construct an industrial building with variance to permit zero foot (01) setback from easement along the rear property line in lieu of five feet (51). Subject property is located at 17682-96 Metzler Lane (East side of Metzler Lane approximately eight hundred forty-four feet (8441) South of Slater Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff stated the request is for construction of an industrial building. The applicant does meet all the requirements for parking, landscaping, and setbacks with the exception of the easement. Staff is recommending approval with conditions. Les Evans asked if the building would be placed directly on the property line and Staff replied in the affirmative. Mr. Evans asked that a condition be added requiring engineered calculations to be submitted showing the building load would not adversely impact the easement. The Public Hearing was opened by Les Evans, Acting Chairman, and Robert Contorelli, the applicant, was present. Mr. Contorelli said he had constructed another building adjacent to this one with no problems. He asked about placement of the electrical transformers -4- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 5 and Daryl Smith explained some of the problems which had been experienced in the past and the necessity for having some control over the installation location. There was no one else present wishing to speak so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 86-8 AND ADMINISTRATIVE REVIEW NO. 86-15 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, 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. 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. 86-8 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 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. The site plan, floor plans, and elevations received and dated January 31, 1986, shall be the approved layout. 2. All Conditions of Approval of Administrative Review No. 86-15 shall be applicable. CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW: 1. The site plan, floor plans, and elevations received and dated January 31, 1986, shall be the approved layout. 2. Prior to issuance of building permits, applicant shall submit proof of Parcel Map No. 84-600 having been recorded. 3. Prior to issuance of building permits, the applicant shall submit the following plans: -5- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 6 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. Landscaping shall comply with Article 979 of the Huntington Beach Ordinance Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted under Conditional Exception No. 86-8. 6. Maximum separation between building wall and property line shall not exceed two inches (2"). 7. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 8. Engineering calculations of the building shall be submitted to the Public Works Department to assure that there will be no impact upon the storm drain. 9. 'An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations; or provide hammerhead or radial turnaround at end of driveway and install a fire hydrant on -site. 10. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 11. All work shall be conducted wholly within the building. 12. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. All free-standing signs shall be low -profile, monument -type signs. 13. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 14. The electric meters shall be screened from public visibility. 15. The electric transformer shall be located behind the front setback or screened from public visibility. -6- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 7 16. Widen the planter two feet six inches (2'-6") and make the parking spaces sixteen feet six inches (16'-6") deep. 17. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 18. Low -volume heads shall be used on all spigots and water faucets. 19. 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. 20. 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. 21. All walls shall be architecturally compatible with the buildings. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-4 Applicant: Mr. and Mrs. James R. Grace A request to permit approximately an 1,100 Square Foot building addition, which includes a third level mezzanine, to a single family residence within the Coastal Zone. Subject property is located at 3842 Seascape Drive (East side of Seascape Drive approximately two hundred seventy-five feet (2751) East of Sundancer Lane). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff stated this project had been reviewed and was being recommended for approval with conditions. The applicant has submitted revised elevations and he is providing a small eave overhang above the window. The Fire Department has requested a condition for installation of a residential fire sprinkler system and Bill Sampson explained this stipulation had been suggested because of a water flow problem in the area. After a discussion regarding this requirement, Daryl Smith suggested that the applicant only be required to meet Fire Department recommendations, and Mr. Sampson agreed. -7- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 8 The Public Hearing was opened and James R. Grace was present. Mr. Grace stated the expense of installing such a sprinkler system would be an extreme burden and explained his residence was located on the water. Mr. Grace further stated he would be willing to cooperate with the Fire Department. There was no one else present to speak for or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY SAMPSON, COASTAL DEVELOPMENT PERMIT NO. 86-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed single family residence addition conforms with the plans, policies, requirements.and standards of the Coastal Element of the General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family residence can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4.. The proposed single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 24, 1986, shall be the approved layout. 2. The proposed addition shall match the existing development in terms of building materials, colors and architecture. 3. The addition shall comply with the Huntington Beach Ordinance Code and Building Code. 4. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. -8- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 9 5. The development must meet all Fire Department standards for fire safety. 6. The mezzanine shall not exceed one-third (1/3) of the area of the room from which it adjoins, or two (2) fire exits must be provided in accord with Building Department requirements. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None USE PERMIT NO. 86-12 Applicant: James B. Strode A request to permit a one (1) day charity bazaar in a parking lot. Subject property is located between Boardwalk Drive, Saybrook Lane, Davenport Drive, and Algonquin Street. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. According to Staff, this request is similar to other applications filed for this same type of event in the past. The Police Department has been contacted and indicated no problems with the event. If a tent will be used, then the Fire Department would have jurisdiction over that. Staff further stated this was not a Public Hearing. Mr. Strode was present and said this was an annual event which the Huntington Harbour Anglers Club holds to provide fishing trips for underprivileged children. Bill Sampson left the meeting at this time - 2:40 P.M. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 86-12 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan received and dated February 28, 1986, shall be the approved layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. Sidewalks shall be maintained at a clear width of four feet (4'). -9- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 10 4. Signs shall be prohibited within the public right-of-way area. 5. The applicant shall obtain all necessary electrical permits. 6. 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 insured, at least five (5) days prior to the event. 7. A certificate to operate shall be issued by the Director of Development Services as required by S. 9730.80 of the Huntington Beach Ordinance Code. 8. The'applicant shall provide for clean up of the area. 9. If tents are proposed, a Fire Department permit is required. AYES: Evans, Godfrey, Krejci, Smith NOES: None ABSENT: Sampson ADMINISTRATIVE REVIEW NO. 86-18 Applicant: General Telephone Company of California A request''to add three hundred fifty (350) Square Feet to an existing office building. Subject property is located at 7352 Slater Avenue (Southwest corner of Slater Avenue and Gothard Street). This request'is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. According to Staff, this request for a small addition to an existing building has been reviewed and Staff is recommending approval with conditions. Some of Staff's concerns are the generator noises, building permits for previous structures will need to be obtained, signage will have to be brought into conformance within ninety (90) days, and the"fencing, which has existed for many years, is seven feet (71) high instead of six feet (61) and within five feet (51) of the public right-of-way along Slater Avenue. The applicant's representative, Roger Evans, stated there were a tremendous number of conditions being placed for such a miniscule project, and such conditions could make the project prohibitive. Bill Sampson returned to the meeting at 2:47 P.M. -10- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 11 A general discussion followed and Daryl Smith was very concerned over the noise created by the emergency generator. Dennis Krejci said it did not seem equitable to require such conditions for a small addition. UPON MOTION BY SMITH AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 86-18 WAS APPROVED WITH THE FOLLOWING CONDITIONS AS RECOMMENDED BY STAFF, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 21, 1986, shall be the approved layout. 2. Proper permits shall be obtained for the emergency generator located along the South side of the southeasterly building and the generator shall be sufficiently screened for noise attenuation in accord with the Huntington Beach Noise Ordinance. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. All nonconforming signs shall be made to comply with Article 976 of the Huntington Beach Ordinance Code within ninety (90) days. All free-standing signs shall be low -profile, monument -type signs. 5. The proposed addition shall be architecturally compatible with the existing structure. AYES: Evans, Godfrey, Sampson, Smith NOES: Krejci ABSENT: None TENTATIVE PARCEL MAP NO. 86-108 Applicant: Andrew J. Koltavary A request to consolidate four (4) lots into two (2). Subject property is located on the East side of Beach Boulevard approximately four hundred feet (4001) South of Garfield Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported the subject property is zoned C4 and is currently vacant. The applicant is requesting this lot consolidation for purposes of establishing a fast food restaurant in a proposed shopping center which has been approved by the Planning Commission. The site being developed does meet the Code and the applicant is aware of the conditions being imposed. -11- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 12 Glen Godfrey broached the subject of access easements to each parcel and to abutting parcels and the dedication and improvement of Beach Boulevard to City standards. The applicant, Andrew J. Koltavary, was present and agreed to the conditions as discussed. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 86-108 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation of four (4) parcels for purposes of commercial use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed consolidation are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. 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 February 3, 1986, shall be the approved layout with the following modifications.. a. Make lot lines legible. b. Indicate existing and.proposed reciprocal access easements to each parcel and to abutting parcels. C. Indicate existing lot lines with a dashed line. -12- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 13 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Beach Boulevard shall be dedicated and improved to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Compliance with all applicable City Ordinances. 8. The property shall participate in the local drainage assessment district at the time said parcel(s) is/are developed. (Contact the Department of Public Works for additional information). 9. A copy of the recorded parcel map shall be filed with the Department of Development Services. 10. All conditions of Use Permit No. 85-47 shall remain in effect. 11. The Parcel Map shall show numbered lots instead of lettered lots. 12. The Parcel Map shall show locations of the irrevocable reciprocal parking and access easements. 13. Dedicate all on -site access to Beach Boulevard except at locations as approved by the City. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 84-557 (EXTENSION OF TIME) Applicant: U-Haul Moving and Storage A request for Extension of Time to previously approved Tentative Parcel Map No. 84-557. Subject property is located at 19261 Beach -13- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 14 Boulevard (West side of Beach Boulevard between Clay Avenue and Owen Avenue. This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1984 Staff reported the applicant had submitted a letter requesting an extension of sixty (60) days for this Tentative Parcel Map. However, Staff was recommending an extension of the usual one (1) year extension to such applications. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 84-557 (EXTENSION OF TIME) WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. All Conditions of Approval of previously approved Tentative Parcel Map No. 84-557 shall remain in effect. 2. The Extension of Time for Tentative Parcel Map No. 84-557 has been granted for one (1) year or until March 21, 1987. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None USE PERMIT NO. 86-10 Applicant: Pat's Ski and Sport Shop A request for change of dates for Outdoor Sale approved for March 14 - 16, 1986, in the event of inclement weather. Subject property is located at 8909 Adams Avenue (Northwest corner of Adams Avenue and Magnolia Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984 Staff explained this request had been previously approved but the applicant had verbally asked for new dates in the event of rain. The new dates requested were March 21, 1986, or April 24, 1986. Glen Godfrey stated he was opposed to such random approval. UPON MOTION BY GODFREY AND SECOND BY SAMPSON, USE PERMIT NO. 86-10 (REQUEST FOR DATE CHANGE) WAS DENIED BY THE FOLLOWING VOTE: AYES: Godfrey, Krejci, Sampson NOES: Evans, Smith ABSENT: None -14- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 15 CONDITIONAL EXCEPTION NO. 86-5 USE PERMIT NO. 86-9 (Cont. from 3/10/86) Applicant: City of Huntington Beach A request to permit approval of zero foot (0') yard setback to an existing duplex abutting an arterial highway. (This is a result of the Heil Street widening). Subject property is located at 7882 Alhambra Avenue (South side of Alhambra Avenue approximately five hundred fifty feet (5501) West of Beach Boulevard). These requests are covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1984 Staff reported these applications had been continued from the Monday morning Study. Session, after having been heard originally at the meeting of March 5, 1986,-and referred to the Study Session. Staff further explained this project had been necessitated by the proposed widening of Heil Street. Dennis Krejci asked if the project would now conform to the Zoning standards and Staff replied in the affirmative. UPON MOTION BY SMITH AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 86-5 AND USE PERMIT NO. 86-9 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, location and 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 property is being reduced in size due to the widening of Heil Avenue. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. Although one (1) carport is being eliminated, a new carport, screened from view, will be constructed adjacent to the existing garage. 3. The granting of Conditional Exception No. 86-5 will not be materially detrimental to the public welfare, or injurious to property in,the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -15- 3/26/86.- BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 16 CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION: r 1. The site plan, floor plans, and elevations received and dated March 4, 1986, shall be the approved layout with changes as noted in Use Permit No. 86-9. 2. All Conditions -of Approval of Use Permit'No. 86-9 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. CONDITIONS OF APPROVAL - USE PERMIT: 1. The site plan, floor plans, and elevations received and dated March 4, 1986, shall be revised depicting the modifications described herein: a. Add a single car carport with gate and driveway along the West side of the building adjacent to the single car garage. b. Provide sidewalk to the entrance of the second unit from Alhambra Avenue. c. Remove patio cover. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted under Conditional Exception No. 86-5. 3. 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. -16- 3/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 12, 1986 Page 17 4. 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 sixty (60) CNEL contours of the property. AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None There was no further business to be presented to the Board for review. UPON MOTION BY GODFREY AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, MARCH 17, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Sampson, Smith NOES: None ABSENT: None Glen K. God rey, Secretary Board of Zoning Adjustments jh (4480d) -17- 3/26/86 - BZA