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HomeMy WebLinkAbout1987-03-18MINUTES HUNTINGTON BEACH BOAR OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 18 1987 - 1.30 P.M. BOARD MEMBERS PRESENT: Evans, Krejci, Poe, Smith, Strange STAFF MEMBERS PRESENT: Phillips MINUTES: MINUTES OF THE REGULAR MEETING OF MARCH 11, 1987, WERE DEFERRED TO THE MEETING OF MARCH 25, 1987, FOR FURTHER REVIEW BY THE BOARD MEMBERS REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-2 (Cont. from 3/4/87) USE PERMIT NO. 86-71 (Cont. from 3/4/87) Applicant: Nassim-A-Jebaii CE REQUEST: 1) To reduce required landscape planter width from required ten feet (101) to zero feet (0'), 2) to reduce required landscape area from eight percent (8%) to 3.7 percent, 3) to permit reduction in required aisle width from twenty-seven feet (27') to twenty-two feet (221), and 4) to reduce required front and exterior side yard setbacks from fifty feet (501) to forty-one and one-half feet (41.5'). UP REQUEST: To permit operation of an automotive repair facility. Subject property is located at 4995 Warner Avenue (Northwest corner of Warner Avenue and Bolsa Chica Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reported the project had been continued from the meeting of March 4, 1987, to give the applicant additional time to work with Staff in an effort to resolve the various problems. The applicant has turned in preliminary plans and Staff has prepared restrictive conditions for the project. The operation shall be discontinued within one (1) year of approval date and shall be restricted to minor automotive repairs only. Also, any detailing work shall be performed inside, fencing shall be installed, and the applicant shall report back to the Board within six (6) months on progress of underground clean-up of the site. This approval, if granted, will be for interim use of the location Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 2 and any change of use or ownership would invalidate this approval. Any future developments would necessarily have to be per Code regulations. Staff further added that Wilbur Lorbeer had submitted a letter to the Board indicating proposed alterations to the site. Daryl Smith expressed concern about the lack of landscaping for the project and Ms. Phillips indicated there was very little room for landscaping because of the aisles. Dennis Krejci asked Staff who would be required to submit the progress report - the tenant, lessee or property owner. Staff replied possibly all three. Mr. Krejci then inquired what action the Board could take in the event the reports were not forthcoming and Staff replied the permit could be revoked. There was a discussion about street improvements and Les Evans said that repair of the broken sidewalks would be the only Public Works requirements at the present time. Chairman Dennis Krejci stated the Public Hearing had been left open from the previous meeting. The applicant's representative, Wilbur Lorbeer, was present and complained that he had just been -given a copy of Staff's recommended conditions and had not properly reviewed them. Mr. Lorbeer further indicated displeasure with several of the items. The Board members clarified several of his concerns and Daryl Smith suggested continuing the item until later in the meeting to give Mr. Lorbeer, the lessee of the property, time to thoroughly peruse the conditions. Mr. Smith added it was not fair to the other applicants present to require them to wait in the audience until Mr. Lorbeer went over each item with the Board. Mr. Lorbeer said he could not have an answer to all the conditions, such as an item regarding signs, by the end of the meeting. The applicant, Nassim-A-Jebaii, stated there was no sign on the premises other than one written on the building. Staff indicated a sign pole had been shown on the site plan; but it was determined to be a pole where a sign had once existed but now contained lights. After further discussion, Mr. Lorbeer finally requested a continuance to later in the meeting There was no one else present wishing to speak for or against the project but the Public Hearing was left open for the continuance and further discussion of the request. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 87-2 AND USE PERMIT NO. 86-71 WERE CONTINUED TO THE END OF THE REGULAR MEETING, BY THE FOLLOWING VOTE: AYES: Krejci, Poe, Smith, Strange NOES: Evans ABSENT: None 1 -2- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 3 CONDITIONAL EXCEPTION NO. 86-67 USE PERMIT NO. 86-69 Applicant' Rosemary and Charles Carter OE REQUEST: To permit 1) a twelve foot (121) wide driveway in lieu of required forty foot (401) wide driveway and 2) a balcony to serve as private open space in lieu of a patio for one (1) unit. UP REOUEST: To add two (2) units to an existing duplex with nonconforming setbacks for a front entry garage. Subject property is located at 17211-213 Elm Street (West side of Elm Street approximately two hundred forty feet (240') South of Cypress Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff indicated the applicant was requesting permission to add two (2) new units to an existing duplex and also an addition of a family room, laundry room and garages to the present structure. The existing front entry garage has a fifteen foot (15') nonconforming setback and the current Code requires twenty-two feet (22'). A portion of the building would be more than one hundred fifty feet (150') from the street which would require a forty foot (40') driveway, and the applicant is asking for a twelve foot (12') driveway. Staff further added Redevelopment had reviewed the plan and was not in favor of the project as presented. Redevelopment has recommended relocating the driveway to the South end of the lot with side entry garages, and feels the twelve foot (12') driveway would not be wide enough to serve the project. Staff recommended denial of the requests since there was no land -related hardship for granting all the variances. Dennis Krejci asked Staff about Redevelopment's recommendation for moving the driveway to the South when it was already there. Staff explained there was a thirty-three foot (33') curb cut along the front of the property. The driveway entrance would be limited to the South end of the property and the other portion restored to curbing. The Public Hearing was opened and Rosemary and Charles Carter were both present. Mr. Carter said he wanted to keep the front entry garage because of the cost, and he disapproved of Redevelopment's plan because cars backing out of the garages would have a "blind" area. Mr. Carter presented photographs to the Board and explained his position with regard to the overall area, landscaping, etc. Mr. Carter added they wanted to make the area more attractive by constructing the new units and had worked diligently to stay within the limitations of the narrow, forty-eight foot (48') lot. -3- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 4 Dennis Krejci asked about the garages and guest parking in the rear and the applicant replied there was no on -site guest parking at present. Mr. Carter added he had received clearance -.from the Fire Department to eliminate the turnaround if he would install a commercial -type fire sprinklering system, and added he would install such a system. Tom Poe asked the applicant who he had talked with in the Fire Department but Mr. Carter did not recall with whom he had spoken. Mr. Poe added that was the type of system they usually required but said he did not see it indicated on the plans. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith asked Staff what section of the Code required the forty foot (40') driveway and Staff replied it was Article 960 which required the forty -foot (40') turnaround. Tom Poe reminded Staff the turnaround requirement would be for sixty-two feet (62'). Staff said the same section required a twenty foot (20') clear width for from one hundred foot (100') length and over. Daryl Smith inquired as to where the measuring started and Staff replied from the edge of the curb. Mr. Carter said the distance should not be measured from the edge of the curb but rather from the front portion of the buildings. Les Evans reminded Mr. Carter that would still be in excess of the one hundred foot (100') limit. Mr. Carter said the sprinkler system installation should eliminate that concern. Dennis Krejci stated he could accept the open space and setback requests but his main objection to the project would be the twelve foot (12') driveway width. Two.cars meeting would not even be able to pass each other and one would have to back out. Daryl Smith added that should not be a problem because of the guest parking spaces where one car could wait. Mr. Krejci felt those spaces might be occupied. Daryl Smith inquired about the neighbor's driveway - whether a reciprocal arrangement might be worked out; however, Mr. Carter•stated•the driveway on the adjacent property was on the opposite side of the lot. Mr. Smith then asked about the present parking situation and Mr. Carter stated it was all in the front or on the street. Daryl Smith suggested several other "what if" situations to Staff and Les Evans replied Staff would have to refer to the Code and recommend denying them. Les Evans added he would like to see the public improvements installed in that particular area; however, he felt the applicant, in attempting to add two (2) more units to the existing structure, would be overbuilding the lot. Mr. Evans added he would move for denial and Michael Strange said he would second -the motion. , 1 -4- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 5 Mrs. Carter asked if she might speak. Chairman Krejci said he would allow her the opportunity even though the Public Hearing had been closed. Mrs. Carter said the property was zoned R-4 and they purchased it with intentions of adding two (2) more units. She added that keeping it as a two (2) unit project would not be economically feasible for them to do. Daryl Smith asked Staff if the Code had been changed whereby a twelve foot (12') drive could have been approved at one time for an R-4 property. Staff answered that the zoning designated the maximum density for a lot but that setbacks, landscaping and other requirements would still have to be taken into consideration before approval. Daryl Smith continued the discussion with Staff regarding measuring the distance of the drive, the width of the drive, placement of the garages, etc. Mr. Krejci reminded the Board of a recent project which had been denied because of a similar problem and that particular drive length had been only forty feet (40'). Mr. Smith rebutted Mr. Krejci's statement about the length of the driveway. Les Evans called for a vote on his motion which had been seconded by Mr. Strange. Mr. Carter interjected with the statement that if you added up the sum of the existing building and eliminated the guest parking and planter area, the length would be ninety-four feet (94'). Mr. Krejci asked Staff if she was comfortable with her method of computing the length per Code requirements and Staff replied in the affirmative. UPON MOTION BY EVANS AND SECOND BY STRANGE, CONDITIONAL EXCEPTION NO. 86-67 AND USE PERMIT NO. 86-69 WERE DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO 86-67: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. 2. Granting of Conditional Exception No. 86-67 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. 3. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. -5- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 6 4. On -site parking and circulation are inadequate and have the potential of creating a congestion and circulation hazard, due to an one hundred forty foot (1401) long driveway serving seven (7) parking spaces (for three units) being "ONE WAY" only. FINDINGS FOR DENIAL - USE PERMIT NO 86 69: 1. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working or residing in the vicinity. 2. The establishment, maintenance and operation of the use will be detrimental to the value of the property and improvements in the neighborhood. 3. On -site parking and circulation are inadequate and have the potential of creating a congestion and circulation hazard, due to an one hundred forty foot (1401) driveway serving seven (7) parking spaces (three units) being "ONE WAY" only. 4. Common open space is not arranged to provide maximum enjoyment to all residents. AYES: Evans, Krejci, Poe, Strange NOES: Smith ABSENT: None CONDITIONAL EXCEPTION NO. 87-18 Applicant: Gene Gallonio A request to permit a six foot (61) high wall over three foot (31) high retaining wall to encroach twelve feet (121) to fifteen feet (15') into a rear yard with front yard setback requirements. Subject property is located on Stellrecht Circle (West of Lynn Street and North of Los Patos Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff said the lot in question fronted on two streets - one on Lynn Street and the other on Stellrecht Circle. In this particular case, Stellrecht Circle will be considered the front yard and Lynn Street will be the rear. There is a single family residence to the South and a condominium project to the North; and what will be the rear of this property will coincide with front yards of other lots on the street. The applicant wants to encroach from twelve feet (121) to fifteen feet (15') to enclose his rear yard by building an additional six foot (61) high wall over a three foot (31) high retaining wall. Staff is recommending a "stepped back" effect with -6- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 7 the three foot (3') retaining wall on the property line and the six foot (6') high wall stepped back three feet (3') with a planter area between the two walls. Daryl Smith asked if there had been any response from neighbors and Staff stated letters had been received stating they had no objec- tions to the nine foot (9') high wall along the tennis court area. There was a discussion about the tennis court and its location with respect to the residence. Staff reminded the Board there would need to be a ten foot (10') area between the house and the wall surrounding the tennis court. The Public Hearing was opened and the applicant, Gene Gallonio, was present, along with Bob Stellrecht and John Cowles. The applicant explained the tennis court would be dropped three feet from the natural grade so the wall would not require any chain link fencing around it. He added this concept had been presented to his neighbors and they had consequently agreed to the nine foot (9') high wall along that portion of Lynn Street. Mr. Gallonio presented photographs to the Board of other walls in his immediate area. Daryl Smith inquired whether the photographs showed nine foot (9') high walls and Mr. Gallonio indicated they did. Mr. Stellrecht added one had a limited side yard with a six foot (6') high wall. Daryl Smith asked Mr. Gallonio if he was amenable to the wall arrangement as presented by Staff and Mr. Gallonio replied he was, as long as he was allowed to build the nine foot (9') high area surrounding the tennis court. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Tom Poe informed Mr. Stellrecht the street name had not been approved and the situation would need to be corrected. Mr. Stellrecht said he had been sent addresses so -he assumed everything had been cleared. UPON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 87-18 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including double frontage, 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. -7- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 8 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. 87-18 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. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February 25, 1987, shall be the approved layout, with the following modification: a. The three foot (3') retaining wall South of the tennis court shall be located at the property line; the six foot (6') wall shall be set back three feet (31) from the property line. 2. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 9 and 10 of Tract 12760. 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. 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. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. AYES: Evans, Krejci, Poe, Smith NOES: Strange ABSENT: None ADMINISTRATIVE REVIEW NO. 87-6 Applicant: J. M. Peters Company A request to permit a temporary subdivision sales office and four (4) model homes. Subject property is located on the Southeast corner of Magnolia Street and Atlanta Avenue. -8- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 9 This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff stated this applicant wished to establish a temporary subdivision sales office on one lot and also build four (4) model homes for a housing tract. The office will be located on a corner lot along with the parking spaces and shall be removed within thirty (30) days after sales are completed. Four (4) of the lots will be gated off and plans will need to be submitted for signage. Setbacks must comply with past entitlements. Staff recommended approval with conditions. Michael Strange asked about Code requirements for off site parking for this type of usage and Staff replied there were none. The applicant's representative, Bob Trapp, was present. Dennis Krejci asked Mr. Trapp if they were aware of and would comply with handicap regulations, and Mr. Trapp replied they would comply. UPON MOTION BY POE AND SECOND BY STRANGE, ADMINISTRATIVE REVIEW NO. 87-6 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated February 20, 1987, shall be the approved layout, with the modifications described: a. "Temporary Sales Information/Parking Directory Sign" shall be located out of required sight angles. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan (for models and parking area) to the Department of Development Services and Public Works for review and approval. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. 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. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. A site plan and elevations delineating all directional signs and model identification signs shall be submitted to the -9- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 10 Department of Development Services and Public Works for review and approval. Subdivision directional signs shall comply with Section 9610.9 (c) of the Huntington Beach Ordinance Code, and shall be installed prior to final inspection 7. All roads (including fire access) shall be of hard surface, all weather construction meeting Public Works requirements, and shall be installed prior to combustible construction. 8. All water lines and fire hydrants shall be installed and approved by the Fire Department prior to issuance of permits for any temporary or permanent structures. 9. The temporary sales office shall be removed upon completion of the sales office in the permanent structure. 10. The sales office shall not be converted or expanded into a general business office. 11. The office use shall be discontinued within thirty (30) days following sale of the last on -site unit. A surety bond of $1,000.00 shall be posted with the City for the sales office and for each model home complex to guarantee compliance with all provisions,of the Huntington Beach Ordinance Code and Building Code. Such model homes shall only serve the tract specified in subject -Administrative Review application. 12. Handicap access -to the sales office and model homes shall be provided per Building Division requirements. 13. Setbacks shall comply with approved plans for Conditional Exception No. 87-7. All applicable Conditions of Approval of Conditional Use Permit No. 86-35 and Tentative Tract No. 12897 shall also apply. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. Security fencing, gates, locking devices, and ingress and egress from streets and parking areas shall be reviewed and approved by the Fire, Police, and Development Services Departments prior to issuance of building permits. The parking area shall comply with Article 960. -10- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1187 Page 11 4. The Board of Zoning Adjustments reserves the right to revoke Administrative Review No. 87-6 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 87-3 Applicant: Reginald de la Cuesta A request to permit restriping of the parking lot. Subject property is located at 18061-65 Redondo Circle (West side of Redondo Circle approximately one hundred fifty feet (150') South of Talbert Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Ms. Phillips reported this proposal was for restriping a parking lot and adding a fence to an industrial site. A previous request had been approved by the Board on February 25, 1987, which caused a loss of thirteen (13) parking spaces because of the limited use of one of the buildings. The applicant has decided he might possibly lease the building for manufacturing purposes and, therefore, has submitted this Site Plan Amendment. He will provide forty-four (44) parking spaces which will include ten (10) compact spaces. The site will provide ample landscaping and Staff is recommending approval with conditions. Michael Strange asked about the wall but Staff explained the applicant was being required, per the previous approval, to provide a six foot (6') high chain link fence with top and bottom rails. Dennis Krejci inquired about door clearances on the building and Ms. Phillips explained wheel stops would be needed at those locations to provide ample space for doors to open and close. The applicant, Reginald de la Cuesta, was present and requested that the Board drop the requirement for the top and bottom rails on the fence. Mr. de la Cuesta said it was excessive for the location and the top rail alone would be sufficient. Upon questioning by Dennis Krejci, Ms. Phillips explained Staff had originally recommended a three foot (3') high block wall but the Board had determined the six foot (6') high fence would be preferable. Daryl Smith stated the fence should remain as previously approved. UPON MOTION BY SMITH AND SECOND BY EVANS, SITE PLAN AMENDMENT NO. 87-1 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -11- 3/18/87. - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 12 FINDINGS FOR APPROVAL: 1. The granting of Site Plan Amendment No.87-3 will not adversely affect the General Plan of the City of Huntington Beach. 2. The use of the property will remain the same (industrial). 3. The proposal will result in an improved parking layout. 4. The revision complies with applicable sections -of the Code. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 5, 1987, shall be the approved layout. 2. The proposed fence shall consist of a six foot.(6') high chain link fence, with top and bottom rail. Specifications and plans shall be submitted to and approved by the Department of Development Services prior to installation. 3: Compact spaces in front of doors shall be equipped with wheel stops to provide a four foot (4') clear area for door swing. 4. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers,. 5. No gates shall be installed that would block traffic flow through the site. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code. 3. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 87-3 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith NOES: Strange ABSENT: None 1 -12- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 13 SITE PLAN AMENDMENT NO. 87-4 Applicant: D. C. Fassnacht Associates, Inc A request to permit upgrade of apartment complex entrance, including revised landscape and parking layout. Subject property is located at 17111 Golden West Street (West side of Golden West Street approximately five hundred forty feet (540') South of Warner Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported this was a request to renovate the entrance to the Huntington Grenada Apartment complex. The applicant will rearrange parking to supply "head in" parking instead of parallel which will increase the number of parking spaces by one (1). They will install a new landscape planter and handicap ramps. Staff recommended approval with conditions. Tom Poe expressed concern over the width of the median and said the Fire Department would prefer that it stay as is rather than having it widened. He further stated fire trucks could reach the carports from the adjacent property if necessary. The applicant's representative, Kurt Fromnecht, explained the existing median was twelve feet (12') and they would like to expand it to fourteen feet (14'); however, they would also be increasing the width of the drive from seventeen feet (17') to twenty-two feet (22'). Daryl Smith asked why the applicant wanted to increase the median. Mr. Fromnecht explained the project had very limited frontage and they would like to incorporate a fountain, new trees, plants, etc., to beautify the entrance. Tom Poe agreed the twenty-two foot (22') width would be satisfactory if "NO PARKING" signs were installed and the curbs were painted red. UPON MOTION BY SMITH AND SECOND BY POE, SITE PLAN AMENDMENT NO. 87-5 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The granting of Site Plan Amendment No. 87-4 will not adversely affect the General Plan of the City of Huntington Beach. 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 3. The proposal results in an improved project. -13- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 14 4. The use of the site will remain the same. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated March 10, 1987, shall be the approved layout, with the following modification: a. Proposed landscape planter shall be removed from right-of-way 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Handicap curb ramps shall be provided in accordance with Public Works standards. 5. Service roads -and fire lanes, as determined by the Fire Department,,shall be posted and marked.'- 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. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the -Ordinance Code, Building -Division, and Fire Department. 2. All signs shall comply with Article 961 of the Huntington Beach Ordinance Code. 3. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code.` 4. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 87-4 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. -14- 3/18/87 - BZA 1 Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 15 AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 87-5 Applicant: Dennis Marchand (Agent) A request to amend elevations of an industrial building approved pursuant to Administrative Review No. 86-49. Subject property is located at 17132 Palmdale Street (East side of Palmdale Street approximately one hundred forty feet (1401) North of Cedar Avenue). This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. Staff explained this was a request to change elevations from those approved by the Board in September of last year. The revised elevations would match the architectural facade of plans approved for the adjacent building. The applicant shares reciprocal driveway access with the adjacent building and this change would create a more compatible arrangement for the location. Staff recommended approval with conditions. There were no questions of Staff regarding the request. UPON MOTION BY EVANS AND SECOND BY SMITH, SITE PLAN AMENDMENT NO. 87-5 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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 Site Plan Amendment No. 87-5 will not adversely affect the General Plan of the City of Huntington Beach. 3. The use of the property will remain the same. 4. The amendment will result in a more uniform appearance of buildings sharing a common driveway. -15- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 16 SPECIAL CONDITIONS OF APPROVAL: " a 1. The site plan, floor plans, and elevations received and dated March 11, 1987, shall be the approved layout. 2. All applicable Conditions of Approval of Administrative Review No. 86-49 shall still be applicable. 3. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 87-5 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Strange - - NOES: None ABSENT: None CONDITIONAL'EXCEPTION NO. 87-2 (Cont. from 3/4/87) USE PERMIT NO. 86-71 (Cont. from 3/4/87) Applicant: Nassim-A-Jebaii Staff reminded the Board this project had been postponed to -the end of the meeting so the"applicant's representative could peruse the conditions for the project. Chairman Dennis Krejci stated the Public Hearing had been left open for further discussion -with the applicant. Wilbur Lorbeer stated he had talked -with Public Works and they had told him there would be no fees at present and that, if the property was developed prior to 1946, the Tentative Parcel Map requirement could be waived: It was explained to Mr. Lorbeer by several Board members that the Board was presently considering an interim use for the site; however, -street improvements and other requirements would still have to be met when approval was granted for any type of permanent development. Mr. Lorbeer made a statement that, if conditions were too restrictive, he would just have to fence off the lot and leave the busy corner vacant like many other'corner locations in Huntington Beach. There was quite a lengthy discussion regarding overnight storage of vehicles and fencing to screen them from public view. It was determined slat type fencing and gates would be required and car storage would be limited to a seventy-two (72) hour period. Les Evans left the meeting at this time - 2:43 P.M. The Board members clarified each item of concern for Mr. Lorbeer and deleted an item referring to the irrevocable reciprocal access agreement with abutting westerly property for driveway access. -16- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 17 Mr. Lorbeer was again reminded the Board would be requiring the applicant, the lessee, and the property owner to present a progress report to the Board within six (6) months of approval date. There was no one else present to speak for or against the project so the Public Hearing was closed. Daryl Smith stated he would move for approval of both requests for an interim use for a period of one (1) year, with the stipulation that the Board would revoke the Use Permit if any violation of the conditions occurred. Tom Poe said he would second the motion. Michael Strange said he would be abstaining from voting because he had been involved in seeking zoning compliance on the site which had included letters to the interim property owner, as well as letters submitted to the City Attorney's office for legal action. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 87-2 AND USE PERMIT NO. 86-71 WERE APPROVED FOR AN INTERIM USE WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO, 87-2: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, and location of existing building on the lot, 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. 87-2 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. 5. Granting of the Conditional Exception is for a temporary use only. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 87-2: 1. The site plan, floor plans, and elevations received and dated February 6, 1987, shall be the approved layout. 2. All Conditions of Approval of Use Permit No. 86-71 shall be applicable. -17- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 18 FINDINGS FOR APPROVAL - USE PERMIT NO 86-71: 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 Use Permit No. 86-71 will not adversely affect the General Plan of .the City -of Huntington-Beach.- 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land,Use Map. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO 86-71 1. The site plan, floor plans, -and elevations received and dated February 6, 1987, shall be modified as follows: S a. Drawn to scale, fully dimensioned, depicting aisle widths, building setbacks,.landscape planter -dimensions, street dedications, and fencing six feet (6') with screening slats in fence and gates. -,Said fencing shall be located between the West property line and Northwest corner,of.the building, and between the North property line and Northeast corner of the building. 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. This approval shall be for.automobile minor repairs as defined by Section 9080.13 (a) of the Huntington Beach Ordinance Code. 4. Provide proof of legal lot creation or submit Tentative Parcel Map. 5. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 6. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers, except the incidental overnight storage of cars in for repair. These cars may be stored in an area not visible from the public right-of-way for a period not to exceed seventy-two (72) hours. 1 -18- 3/18/87 - BZA- Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 19 7. All repair work shall be conducted wholly within the building. 8. 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. 9. All applicable Public Works fees shall be paid prior to issuance of building permits. (Major public works improvements shall be completed at time of permanent development). 10. The applicant shall submit a project update to the Board of Zoning Adjustments within six (6) months of the date of this approval. Said update shall include status of the proposed permanent development plans for the site and status of clean-up of soil and ground water contamination, including State and Federal permits and time estimates for completion. 11. All Conditions of Approval shall be completed and approved by the City of Huntington Beach within ninety (90) days of the date of this approval (unless otherwise noted), or Use Permit No. 86-71 is null and void. 12. The applicant shall submit a written acknowledgment of the conditions of this approval from the business operator (Nassim-A-Jebaii), the lessee of the property (Wilbur Lorbeer), and the current property owner (Mobil Oil Corporation). 13. This approval is for interim operation of a minor auto repair facility. The approval shall expire upon approval of a permanent project for the site, or one (1) year from the date of this approval, whichever is first. If, after one (1) year, no permanent project has been approved, the applicant shall either vacate the premises or re -apply to the Board of Zoning Adjustments for a new Use Permit. 14. This approval shall run with the operator of the business (Nassim-A-Jebaii). Change of use or ownership shall invalidate Use Permit No. 86-71. 15. The approval of an interim repair facility in conjunction with the various conditional exception (variance) requests, shall not constitute a vested right for future development. Future development requests shall obtain permits in conformance with applicable codes. INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT NO 86-71: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, except as noted under Conditional Exception No. 87-2. -19- 3/18/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 18, 1987 Page 20 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, -Ordinances, -and standards.. 3. All hazardous materials, including waste, to be located on -site, shall be handled and stored in accordance with the Uniform Fire Code. (Waste oil is a hazardous waste.) 4. The business must comply with Chapter 1758 of the City of Huntington Beach Municipal Code which requires any business that handles or stores hazardous materials, -including waste, to inventory the hazardous materials on -site and prepare a business emergency plan in case of a release of such materials. 5. The Board of Zoning Adjustments reserves the right,to revoke Use Permit -No. 86-71 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Krejci, Poe, Smith NOES: None ABSENT: Evans ABSTAIN: Strange There was no further business to be presented to the Board for their review. UPON MOTION BY KREJCI AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, _ MARCH- 23,- 1987., _AT-" 10: 00 A.M. , BY ---THE- FOLLOWING" VOTE: - AYES: Krejci, Poe, Smith, Strange NOES: None" ABSENT: Evans- len K. Godfrey, Secretary Board of Zoning Adjustments jgh (7640d)- LJ -20- 3/18/87 - BZA