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HomeMy WebLinkAbout1986-07-30MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 30, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Smith, Strange, Vincent NOTE: Michael Strange was present for voting on Minutes of previous meetings. STAFF MEMBERS PRESENT: Franklin MINUTES: UPON MOTION BY SMITH AND SECOND BY EVANS, MINUTES OF THE REGULAR MEETING OF JULY 9, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Smith _NOES: None ABSENT: None ABSTAIN: Strange, Vincent UPON MOTION BY SMITH AND SECOND BY STRANGE, MINUTES OF THE REGULAR MEETING OF JULY 16, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Smith, Strange NOES: None ABSENT: None ABSTAIN: Godfrey, Vincent UPON MOTION BY SMITH AND SECOND BY EVANS, MINUTES OF THE REGULAR MEETING OF JULY 23, 1986, WERE DEFERRED TO THE MEETING OF AUGUST 6, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Smith, Strange, Vincent NOES: None ABSENT: None ABSTAIN: Godfrey REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-56 Applicant: Daniel J. Fink request to permit the reduction of minimum open space dimension rom twenty feet (201) to ten and one-half feet (10.51) in three (3) Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 2 areas (Minimum open space square footage complies with Code). Subject property is located at 415 Crest Avenue (South side of Crest Avenue approximately fifty feet (501) from Twelfth Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff member, Robert Franklin, stated a variance had been approved in 1981 to add a garage to an existing single family dwelling. The variance was for five feet (51) in lieu of seven and one-half feet (7-1/21) and also the turning radius. The present request is for additions to the residence which will create a reduction in the open space dimension at three (3) locations; however, the applicant can still meet the open space square footage. The applicant's property is located across from Farquhar Park, and the building will not exceed fifty percent (50%) lot coverage. Staff would recommend approval of the request with conditions. Glen Godfrey asked for clarification from Staff on the previous entitlement and whether' or not the breezeway area was enclosed. Staff explained the entitlement and said the breezeway would be enclosed. The Public Hearing was opened by Acting Chairman Dennis Krejci, and the applicant, Daniel J. Fink, was present.: The applicant stated he understood and accepted,the conditions. There was no one else present wishing to speak for'or�against the project and the Public Hearing was closed. Dennis Krejci alerted the applicant to the fact there might be Building Department restrictions to enclosing the roofed -in area because of footings, etc. UPON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 86-56 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The granting of the Conditional Exception No. 86-56 will not adversely affect the General Plan of the City of Huntington Beach. 2. The proposal is consistent with the City's General Plan of Land Use. 3. Granting of reduction in open space minimum dimensions will not reduce the required total open space area (900 Square Feet). -2- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 3 4. 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. 5. Farquhar Park (located directly across Crest Avenue) shall serve as additional usable recreational open space. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 18, 1986, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. Proposed structures shall be architecturally compatible with existing structures. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 5. Low -volume heads shall be used on all spigots and water faucets. 6. 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. 7. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division., 8. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 21 and 22 of Tract Westerly Park. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Development Services prior to final inspection or occupancy. 9. 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. 10. All applicable Public Works fees shall be paid prior to issuance of building permits. -3- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 4 AYES: Krejci, Smith, Vincent NOES: Evans, Godfrey ABSENT: None USE PERMIT NO. 86-50 NEGATIVE DECLARATION NO. 86-37 Applicant: Emil' -*I. Rat6TU­ --' -- A request to permit a-six�(6).unit.'apartment project -which includes a one (1) unit density bonus. Subject property is located at 5081 Dunbar Drive:(North_side.of;Dunbar-Drive approximately five hundred feet (5001) East of'Bolsa Chica Road). This request is covered by, -Negative Declaration No. 86-37. Staff reported =the :request ,is to increase the .density .on the project from five (5) to six (6) units.:.- Accordi,ng,to zor)ing-regulations, the applicant would be -allowed =5-.9 units;,;and:.the lot coverage will be less than fifty percent (50%). The parking can be accommodated on site and the-se-tbacks are being -.met. Staff is recommending approval of the density bonus with conditions. Daryl Smith asked how the density on the lot was determined and Staff explained. Mr. Smith also expressed concern over monitoring of any affordable units and which units would be-designated,as "affordable". .Glen -Godfrey 7explained the concept ,of , "affordable housing" based on median•,income.-levels*and said.the Board could specify which of the units would be so designated if they desired. The Public Hearing was opened and the applicant, Emil I. Ratsiu, was present. Mr. Ratsiu said he had not been aware of the "affordable housing" issue -and -asked what would be considered "medium-priced" housing for the Huntington Beach area. He was informed it would be approximately $750.00 for a two -bedroom unit. Mr. Ratsiu stated he would appreciate approval of the density unit and.then he could determine the feasibility of -building the sixth unit. - There was no one else present wishing to speak -for- or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY EVANS, NEGATIVE DECLARATION NO. 86-37 AND CONDITIONAL EXCEPTION NO. 86-50 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, apartment project be detrimental to: maintenance and operation of the six unit (with a one (1) unit density bonus) will not -4- 7/30/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 5 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. The site plan, floor plans, and elevations received and dated June 26, 1986, shall be the approved layout. 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. 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 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. 9. The Board of Zoning Adjustments reserves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 10. 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 six (6) unit apartment dwelling will be maintained as a six (6) unit apartment dwelling: -5- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 6 11. All applicable Public Works fees shall be paid prior to issuance of building permits., 12. Prior to issuance of building permits, the applicant shall draft a development agreement which addresses the following: a. Mechanism for monitoring the affordable unit. b: Set aside'uni•t for ;families of moderate income. Said agreement shall be approved by the Director of Development Services and approved as to form by the City Attorney prior to obtaining a Certificate of.Occupancy A:copy�of the recorded agreement shall be submitted to-the•Depar-tment of Development Services. AYES: Evans, Godfrey, Krejci;.Smith,•Vincent NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-200 Applicant: The MacDonald Group,- Ltd.-' _.. A request to establish lease lines'forfeight (8);parcels, right-of-way lines, and .water- line :easements:: - Subject property is located at 7777 Edinger Avenue (Northwest corner of Edinger Avenue and Beach Boulevard).,: This request, is -covered- by- Environmental -Impact Report No. 84-14. Staff stated the Tentative Parcel Map is-a.follow-up to Conditions of Approval of -Conditional Use Permit No.­85-34., -It was required to establish water line easements, etc. Staff has reviewed the proposal with Redevelopment Staff and.the.Senior_-:Planner in charge of the Redevelopment area, and reciprocity was established -in 1965. Also, with the new expansion at Huntington,Center, most of the Edison Company right-of-way will be utilized with -a -third vehicular access point. The License Agreement has been -signed and a copy is in the file. Staff recommended -approval with conditions. Daryl Smith inquired whether storm drain or sewer easements would be required across the Edison Company right-of-way in addition to the water line easements and Staff replied it was -covered in the Licensing Agreement. Glen Godfrey asked if there,had-been comments from Redevelopment and Staff said their concerns were satisfied by the Licensing Agreement. -6- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 7 The applicant's representative, Charles Beecher, was present. Mr. Beecher stated he had no comments other than they just wanted to establish the lease lines. There was a discussion with the applicant relative to the access points and Les Evans stated a condition should be added calling for dedication of vehicular access rights along Beach Boulevard, Center Street and Edinger Avenue. The applicant agreed to the Conditions of Approval. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 86-200 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed establishment of lease lines (as shown on the map), right-of-way lines, and proposed water line easements for 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 subdivision 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 July 18, 1986, shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system. -7- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 8 4. Sewage disposal shall be through the City of Huntington Beach's sewage system. 5. Compliance with all applicable City Ordinances. 6. The property shall participate in the local drainage assessment district. (Contact the -Department of Public Works -for additional information). -f „, I , 1._ 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. All vehicular access rights along Center Avenue, Edinger Avenue, and Beach Boulevard shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission.. AYES: Evans, Godfrey,,Krejci,, Smith, Strange NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-257 Applicant: Richard H Cahl A request to consolidate six (6) parcels into one-(1) Subject property is'located.at 16922-16952 Beach parcel. side of Beach Boulevard approximately two hundred Boulevard"(East feet (2001) of Warner Avenue). North This request is covered by Categorical Exemption, California Environmental Class 5, Quality Act, 1984. Staff reported this request is,in connection with No. 86-4 and the is Use Permit map consolidating six (6) parcels Into one (1) parcel. The map will reflect the new arrangementfor parkin spaces at the rear. Staff has evaluated the map and is approval with conditions. recommending The applicant, Richard H. Cahl, was present. Les Evans inquired whether the applicant had checked with Public Works relative to the drainage fees. Mr. Cahl stated he had checked with Bruce Crosby and Mr. Crosby had told him the fees would not apply. Mr. Evans asked that the condition. -relative to those fees be deleted. Staff -had stipulated dedication of a twenty-seven foot (271) radius entrance on "A" Street should be added to the conditions. The applicant accepted the Conditions of Approval as amended. -8- 7/30/86 - BZA Minutes,-H. B..Board of Zoning Adjustments July 30,, 1986 Page 9 UPON MOTION BY- -GODFREY-•AND- SECOND. -.BY .EVANS, TENTATIVE ,PARCEL MAP NO. 86-257:--WAS•-APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation of six (6) parcels into one (1) parcel 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 July 18, 1986, shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. "A" Street shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system (if such systems exist within 200 feet of said parcel(s). 6.- Compliance with all applicable City Ordinances. -9- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 10 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. All vehicular access rights along Beach Boulevard and "A" Street shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. 9. All Conditions of Approval of previously approved Use Permit No. 86-4 shall apply. AYES: Evans, Godfrey, Krejci, Smith, Vincent NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: CONDITIONAL EXCEPTION -NO. 86-46 COASTAL DEVELOPMENT PERMIT NO. 86-21 USE PERMIT NO. 86-56 Applicant: Ron Lingenfelter A request to establish a restaurant in the Downtown Specific Plan area with variance from off-street parking standards. Subject property is located at 226 Main Street. Staff explained'the had been presented to him by Scott Hess and Mr. Hess had informed him the applicant and the Planning Commission requested the project be referred directly to the Planning Commission for their review and action. Daryl Smith felt the Board had authority to consider these applications and should do so rather than refer them to the Planning Commission. He further stated the applicant, the Planning Commissioners, or any other interested parties had a "right of appeal" to the Board's actions. There was a discussion by the Board members and it was determined referral directly to the Planning Commission would expedite the processing of the applications. There was no one present at the meeting to represent the applicant. UPON MOTION BY VINCENT AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 86-46, COASTAL DEVELOPMENT PERMIT NO. 86-21, AND USE PERMIT NO. 86-56 WERE REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Smith, Vincent NOES: None ABSENT: None -10- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 11 USE PERMIT NO. 86-7 Applicant: Angus Petroleum A request for consolidation of oil well drill sites at the Southwest corner of Delaware Street and Springfield Avenue - and Northwest corner of Springfield Avenue and California Street. Staff again explained this item had been referred by Mr. Hess with a request for referral to the Planning Commission because residents of the area wanted to be notified of proposed action. After a brief discussion concerning the project, it was determined the Planning Commission could make such a request themselves at their next meeting. Glen Godfrey determined, after a quick review of the file with Staff, that the project was not ready for action. Mr. Godfrey then stated he would make a motion the project not be referred to the Planning Commission because the application was not "ripe", and Daryl Smith said he would second the motion. UPON MOTION BY GODFREY AND SECOND BY SMITH, USE PERMIT NO. 86-7 WAS NOT REFERRED TO THE PLANNING COMMISSION BECAUSE THE APPLICATION WAS NOT "RIPE" WHEN PRESENTED TO THE BOARD, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Smith, Vincent NOES: None ABSENT: None USE PERMIT NO. 85-59 (AMENDED) Applicant: Bijan Sassounian A request for amendment to Condition No. 1. e. of Conditions of Approval dated October 30, 1985. Subject property is located at 16369 Bolsa Chica Street. Les Evans made the presentation to the Board. Mr. Evans stated he and Daryl Smith had determined the three foot (31) wide cut into the sidewalk along Heil Avenue would be too extensive. It would not allow ample space for wheelchair passage, walking space, etc. There was a discussion by the Board members relative to this problem and possible loss of parking spaces. Alternatives were discussed concerning construction of walls and/or landscape planters and the placement of wheel stops. UPON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 85-59 WAS AMENDED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: e -11- 7/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 30, 1986 Page 12 CONDITIONS OF APPROVAL: 1. Amend Condition No. 1. e. which read as follows: "1. e. Adjacent to the property lines along Bolsa Chica Street and Heil Avenue, minimum three foot (31) wide strip of public right-of-way shall be sawcut, sidewalk removed; and intensified landscaped planter installed to the satisfaction:of the Department of. Public, Works." { Amended Condition No. 1. e. shall read as follows: "l. e. Adjacent to the -property lines along Bolsa,Chica Street, minimum three foot (31) wide strip of public right-of-way shall be sawcut, sidewalk removed, and intensified landscaped,planter installed;to the satisfaction of,the Department of,Public Works. AlongiHeil.-Avenue, the applicant shall cons_truct;a thirty-two inch ,(3V')-sl-ump stone wall, to match the existing property to the East in lieu of the landscape planter in the right-of-way. The applicant shall also provide wheel stops, to.the,satisfaction_of the�Department of Public,Works." , 2. All other Conditions of,Approval'of previously approved Use Permit No. -85-59 shall remain, i,n-effect.: AYES: Evans, Godfrey, Krejci, Smith, Vincent NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY VINCENT AND SECOND BY EVANS,. THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON AUGUST A, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci,,Smith, Vincent,,. NOES: None ABSENT: -None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (5822d) -12- 7/30/86 - BZA