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HomeMy WebLinkAbout1987-03-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California BOARD MEMBERS PRESENT: Evans, Krejci, Poe, Smith, Strange STAFF MEMBERS PRESENT: Pierce, Shaw MINUTES: UPON MOTION BY SMITH AND SECOND BY POE, MINUTES OF THE REGULAR MEETING OF MARCH 11, 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Evans, Strange (NOTE: Minutes of the March 11, 1987, Meeting were continued to the end of the Regular Meeting for approval because of lack of voting members at the beginning of the Meeting.) UPON MOTION BY SMITH AND SECOND BY STRANGE, MINUTES OF THE REGULAR MEETING OF MARCH 18, 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Krejci, Smith, Strange NOES: None ABSENT Poe ABSTAIN: Evans REGULAR AGENDA ITEMS: COASTAL DEVELOPMENT PERMIT NO. 87-5 CONDITIONAL EXCEPTION NO. 87-19 Applicant: Cruz -Engine * CDP REQUEST: To permit a nine hundred ten (910) Square Foot .addition to an existing two (2) story single family home. CE REQUEST: To permit 56.3 percent site coverage in lieu of maximum permitted fifty-five percent (55%) site coverage. Subject property is located at 3301 Falkland Circle (East side of Falkland Circle at end of cul-de-sac). Minutes; H. B. Board of Zoning Adjustments March 25, 1987 Page 2 This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. r I The Staff member, Laura Phillips, stated this was a request to construct an addition;tbo_,both the First and Second Floors of a two (2) story existing residence on the channel. The 1.3 percent excess site coverage would constitute an area of approximately seventy (70) Square Feet. The project is located in the Coastal Zone and requires a Coastal Development Permit because the overall addition would be in excess of ten percent (10%) of the existing structure. The adjacent property owners were notified and no written response was received in objection to the request. Staff added the proposed project conforms with Code requirements with the exception of the site coverage and Staff recommended approval with conditions. Staff noted the suggested conditions but the Board members had no questions. The Public Hearing was opened by Chairman Dennis Krejci. Steven Cruz, the applicant, was present and stated he was the consulting engineer for the addition. Mr. Cruz added that the property owner, Norma Cowles, was also present, and Ms. Cowles identified herself. An adjacent property owner, Dr. Herman Stevenson, stated he had not responded in writing but was present to learn exactly what was being proposed. Dr. Stevenson said he wanted to be sure his water view would not be blocked by the two-story construction being proposed. The Board members invited Dr. Stevenson to look at the plans, which he did. However, since Mr. Cruz could not assure him the water view would not be blocked, Dr. Stevenson requested a set of plans from the engineer so that his Father, an architect, could check it out. Mr. Cruz assured Dr. Stevenson he could have a set of plans for his use, and Dr. Stevenson replied he would have no objections to the project if his view corridor was protected. Michael Strange inquired as to whether or not the applicant was maintaining the five foot (51) setback and Ms. Phillips said he was. 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 STRANGE, COASTAL DEVELOPMENT PERMIT NO. 87-5 AND CONDITIONAL EXCEPTION NO. 87-19 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 87-5: 1. The proposed single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. -2- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 3 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 COASTAL DEVELOPMENT PERMIT NO 87 5: 1. The site plan, floor plans, and elevations received and dated March 3, 1987, shall be the approved layout. 2. All Conditions of Approval of Conditional Exception No. 87-19 shall be applicable. FINDINGS FOR APPROVAL-- CONDITIONAL EXCEPTION NO 87 19: 1. Because of special circumstances applicable to the subject property, including size, irregular 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. 2. The granting of Conditional Exception No. 87-19 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 3. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO 87 19: 1. The site plan, floor plans, and elevations received and dated March 3, 1987, shall be the approved layout. 2. 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. 3. 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. -3- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 4 INFORMATION ON SPECIFIC CODE REQUIREMENTS - CONDITIONAL EXCEPTION NO, 87-19• 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. AYES: Evans, Krejci, Smith, Strange NOES: None ABSENT: Poe REVOCATION.OF HOME -OCCUPATION PERMIT NO. 87-1 Licensee: Tim Vescovi General Reason: Alleged violation of Section'S.9730.36 (4), (g) and (h) of the Huntington Beach,Ordinance Code, referring to use of commercial vehicles and storage of materials used in the business at the home in conjunction with the Home Occupation Permit. General Location: Subject property is located at 9461 Tiki Circle (North side of Tiki Circle approximately two hundred fifty feet (250') East of Luau Lane). Staff reported the Licensee's permit was authorized May 7, 1986, and Mr. Vescovi-signed-the application that he would abide by the restrictions of the Home Occupation Permit. The Land Use Division of Development Services has received complaints from an adjacent resident, A. J. Molitor, who stated trucks used in the -business come and go from the residence at various -times, trucks are parked at the residence over the weekend, and materials and equipment are stored in the garage. All of these are violations of the Ordinance Code. The Land Use Technician, -Donald G. Shaw, investigated the situation and wrote letters to the Licensee on October 13, 1986; December 17, 1986; and February 4, 1987. Donald G. Shaw verified Staff's report and stated the only response he had received from Mr. Vescovi was after the second letter, at which time Mr. Vescovi telephoned Mr. Shaw and stated he was using the trucks for personal use. Mr. Shaw added he had investigated the complaint further and had taken photographs in February. The Land Use Technician continued that he had then referred the matter to the Board for Revocation, and he presented the photographs to the Board for their reference. The Public Hearing was opened and the Licensee, Tim Vescovi, was present. Mr. Vescovi said he was unaware that the -Permit prohibited storing supplies or equipment in his garage. He said he did store containers of soap in the garage and admitted one of his employees ha lived in his garage for a period of about four months. The Licensee added he used the trucks for recreational purposes such as trips to the mountains. Mr. Vescovi added he had received no complaints about -4- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 5 his business until Mr. Molitor moved into the neighborhood - that Mr. Molitor had nothing to do but water his lawn and watch his neighbors. At this point, Chairman Krejci interjected with instructions to keep the testimony on an impersonal basis. Tom Poe arrived at the Meeting at this point - 1:50 P.M. Daryl Smith, in summation, said Mr. Vescovi was indicating he felt the allegations were inaccurate; however, Mr. Vescovi had admitted he had an employee living in the garage which is not allowed by the City, and he stored supplies in the garage which is in violation of the Permit. Mr. Smith added the fact Mr. Vescovi also used the trucks for personal business did not preclude his using them in his business. Mr. Smith continued that parking trucks and equipment in front of the residence was also in violation. Mr. Vescovi said the trucks, other than his personal brown truck, were now stored in Newport Beach. He added he had not seen the pictures Don Shaw had taken. Michael Strange showed Mr. Vescovi the photographs. Beverly Williams, 9441 Tiki Circle, said she had lived at that address for one and one-half years and she did not even know the Licensee was operating a business at the residence. She added that Tim Vescovi had made arrangements to move the truck immediately after the Police Department left. The complainant, A. J. Molitor, 9471 Tiki Circle, said the problem had existed for about six months and, at one time, the Licensee had four trucks on or about the premises. Mr. Molitor continued that he had taken pictures (around February 24, 1987, at the request of Mr. Shaw) of the trucks and damage the trucks were doing to the streets. He added he also had tapes of the noise created by the trucks and equipment which were brought to the residence for storage. Mr. Molitor was asked by Chairman Krejci if the photographs could be retained by the Board and Mr. Molitor replied in the affirmative. Mr. Molitor then added he had invested every penny he had when he purchased this home and he did not want to see the neighborhood deteriorate by allowing a business of this nature to exist in a residential area. Roger Kunkle, 9472 Tiki Circle, said he had no complaints regarding the business being conducted at the residence, their property values were soaring, and he was unaware of any damage to the streets. Mr. Vescovi stated he had just purchased new vehicles about the time Mr. Molitor moved into the neighborhood and he had told Mr. Molitor it was a temporary arrangement. Mr. Vescovi said occasionally an -5- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 6 employee would come by his residence when the employee.was unable to reach him by telephone at his other office. Dennis Krejci asked about storage of the compressor and the Licensee said it was stored in the garage at night to prevent theft. There was a discussion regarding the compressor, storage of chemicals -(cleaning compounds), parking -trucks on the street, etc. Mr. Shaw said the Code allowed the Licensee to park the compressor in the garage since it was a licensed vehicle. Sherry Kunkle stated it was her understanding the trucks were allowed as long as they were not parked overnight, but Michael Strange said any increase of vehicular traffic in the neighborhood was in violation of the restrictions on a Home Occupation Permit. There -was no one else to speak for or against the Licensee so the Public Hearing was closed. Daryl Smith said he believed, based on the evidence and testimony, that Mr. Vescovi deserved some time to satisfy the needs of the City and the residents of the neighborhood, and added he would move that the Board not revoke the Home Occupation Permit. UPON MOTION BY SMITH AND SECOND BY EVANS, REVOCATION_OF HOME OCCUPATION PERMIT NO. 87-1WAS NOT APPROVED, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS• Although the licensee has been in violation of the Home Occupation Permit regulations (storage of trucks, increasing -vehicular traffic, storage in the garage, employment of persons residing off the premises), testimony received by the Board of Zoning Adjustments indicates that the licensee is willing to comply with applicable regulations by April 1, 1987. CONDITIONS OF APPROVAL: 1. Licensee shall comply with Section 9730.36 of the Huntington Beach Ordinance Code by April 1, 1987. 2. Additional verified complaints relative to the Huntington Beach Ordinance Code and Home Occupation Regulations will trigger a Public Hearing for Revocation of the Home Occupation Permit. 3. Work on the premises shall comply with all applicable Sections o the Huntington Beach Ordinance Code and the Home Occupation Regulations. -6- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 7 4. The licensee shall agree in writing by April 1, 1987, to comply with all of the above stipulations and Code Sections, as well as the Home Occupation Regulations. NOTE: Monitoring of the Home Occupation Permit shall be performed by personnel of the Huntington Beach Land Use Division for any infractions of the above conditions. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None REVOCATION OF HOME OCCUPATION PERMIT NO. 87-2 Licensee: Mark Stemmer General Reason: Alleged violation of Section 9730.36 (a), (c), (f) and (i) of the Huntington Beach Ordinance Code, relating to storage of materials in the home, employment of persons residing off the premises, and creation of noise which is readily detected at the boundaries of the property in conjunction with the Home Occupation Permit. General Location: Subject property is located at 509 Seventh Street (West side of Seventh Street approximately one hundred feet (1001) North of Pecan Avenue). Staff reported the Licensee's permit was authorized in March, 1979, for a tree and shrubbery trimming business. At that time, the applicant signed an agreement that he would abide by the restrictions for the permit. Early in January, 1987, a complaint was received by Donald G. Shaw of the Land Use Division that trucks were loading and unloading equipment and doing work related to tree trimming, such as operating a chain saw, in the alley behind the Licensee residence and the noise was very bad. A letter was sent to Mr. Stemmer on January 12, 1987, advising him of the complaint and that he was in violation of his agreement. Another complaint was received on February 12, 1987, and Mr. Shaw referred Mr. Stemmer's Home Occupation Permit to the Board for revocation. Donald G. Shaw, Land Use Technician, stated he had visited the site but it was shortly after 8:00 A.M. The complainant had said the noise and activity occurred early in the morning and late in the afternoon. Mr. Shaw continued he had written to Mr. Stemmer but had received no response from him; and, after the third complaint, he had referred the matter to the Board for their action. The Public Hearing was opened and the Licensee, Mark Stemmer, was present. Mr. Stemmer said he was delighted with the way problems are resolved in Huntington Beach. Mr. Stemmer added he had started his business in 1979 when he was going to college full time and his -7- 3/25/87 - BZA Minutes, H. B.-Board of Zoning Adjustments March 25, 1987 Page _8 business had grown tremendously since that time. -Mr.-Stemmer said he had taken a vacation when Mr. Shaw's letter was -received and then had received a notice to appear before the Board - that he had received no complaints about his operation from any neighbors. Dennis Krejci=asked Mr. Stemmer if he was saying he would comply with the restrictions and the Licensee replied in the affirmative. The complainant was not present at the meeting so Mr. Krejci asked Donald Shaw if the complainant had been notified of the Hearing. Mr. Shaw said the complainant's name was not on the list of adjacent property owners.- Mr., -,Shaw then added it was his understanding the complainant was a tenant so he would not have received a notice of the Hearing. Mr. Stemmer added_a lot of construction had been going on in the area and the complainant might have thought the noise was from his company rather than the construction. Les Evans addressed the Licensee with the comments that apparently someone felt he was violating his Home Occupation Permit and pointedly asked Mr. Stemmer if he intended to stop the violations. Mr. Stemmer said he would stop. There was no one else present wishing to speak for or against the Revocation so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY EVANS, REVOCATION OF HOME OCCUPATION PERMIT NO. 87-2 WAS NOT APPROVED, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Although the licensee has been in violation in the -past of the Home Occupation Permit regulations, testimony received by -the Board of Zoning Adjustments indicates that the licensee is willing to comply with applicable regulations by April 1, 1987. 1. Licensee shall comply with Section 9730.36 of the Huntington Beach Ordinance Code by April 1, 1987. 2. Additional verified complaints relative to the Huntington Beach Ordinance Code and Home Occupation Regulations will trigger a Public Hearing for Revocation of the Home Occupation Permit. 3. Work on the premises shall comply with all applicable Sections o the Huntington Beach Ordinance Code and the Home Occupation Regulations. -8- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 9 4. Work on the premises shall comply with the Noise Ordinance of the Huntington Beach Ordinance Code. 5. The licensee shall agree in writing by April 1, 1987, to comply with all of the above stipulations and Code Sections, as well as the Home Occupation Regulations. NOTE: Monitoring of the Home Occupation Permit shall be performed by personnel of the Huntington Beach Land Use Division for any infractions of the above conditions. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 87-16 USE PERMIT NO. 87-12 Applicant: Brian Farmer CE REQUEST: To permit a ten foot (10') wide driveway in lieu of required twenty foot (201) wide driveway and to permit a five foot (51) high patio wall to encroach five feet (5') into required fifteen foot (15') front yard setback. UP REQUEST: To permit the addition of two (2) units to an existing duplex, a portion of which is more than one hundred fifty feet (150') from a public street. Subject property is located at 7860-62 Newman Avenue (South side of Newman Avenue approximately five hundred twenty feet (520') West of Beach Boulevard). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff reported this request was to add two additional units to an existing two (2) dwelling building. The driveway would only be ten feet (10') wide but the Code says it should be twenty feet (20') wide for from an one hundred foot (100') length and over. The patio area would encroach five feet (51) into the required fifteen foot (151) front setback. Staff said there was no land -related hardship and recommended denial of the Conditional Exception and the Use Permit because the project was not feasible without the variance. The Public Hearing was opened and Devon Robertson was present. Ms. Robertson stated she was working with the developer and was coordinating the project. Jim Severance stated he was the contractor on the project and said they were interested in combining the two (2) existing units with two -9- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 10 (2) new:ones�but could not do. it without the variance for the ten foot (10') driveway -and the encroachment into,the front -yard setback. Mr. Severance continued-that,they would lose one (1) of the required parking spaces if they were forced to remove the existing garage. Michael Strange asked Mr. Severance if the property owner to -the East had been approached.;relative to a reciprocal driveway arrangement. Mr. Severance said he did not know where to contact the adjacent property owner. A further discussion occurred regarding demolition of the garage, the costs involved in such a procedure, and the loss of the front patio area., Mr. Severance said°he­could demolish the garage but it would make a tight'situation._ Dennis Krejci suggested that the applicant might be attempting to place too many units on the property. 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, CONDITIONAL -EXCEPTION NO.. 87-16 AND USE PERMIT NO. 87-12 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR -APPROVAL —CONDITIONAL EXCEPTION_-NO.__U-1 1. Because of special circumstances applicable to the subject property; including size, shape, topography, -location or surroundings, and -layout of existing buildings, the strict .-application of..the Zoning Ordinance is found to deprive the -subject.property-of privileges enjoyed by other properties in .vicinity. -and under. -identical zone classifications.., C the 2. The granting of.a Conditional Exception is.necessary.in order to preserve the enjoyment of one or more substantial property rights and will provide construction of necessary street improvements. 3. The granting of Conditional Exception No. 87-16 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. The ten foot (10') wide portion of the driveway is only twenty feet (201) in length.- The remaining one hundred forty-four foot (1441) length of drive is adequate for two-way traffic. -10- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 11 SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO, 87-16: 1. The site plan, floor plans, and elevations received and dated February 19, 1987, shall be modified as noted in Use Permit No. 87-12. 2. All Conditions of Approval of Use Permit No. 87-12 shall be applicable. FINDINGS FOR APPROVAL - USE PERMIT NO, 87-12: 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. 87-12 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 87-12: 1. The site plan, floor plans, and elevations received and dated February 19, 1987, shall be modified as described herein: a. Stairway shall be redesigned to provide twenty foot (20') minimum driveway width behind the front garage. b. Six foot (6') high privacy walls shall be provided for all patios. c. Show five foot (51) street dedication and twelve foot (12') setback for front patio wall. d. Two (2) open visitor spaces shall be provided. 2. Prior to issuance of building permits, applicant shall file a parcel map to legalize the existing parcel. Said map shall be recorded prior to final inspection and a copy submitted to the Department of Development Services (or submit proof of legal lot creation). 3. Prior to issuance of building permits, the applicant shall submit the following plans: -11- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 12 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. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. 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. 6. Proposed structures shall be architecturally compatible with existing structures. 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units.- 8. Low -volume heads -shall be used on all spigots and water faucets. 9. 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.- - 10: Prior to issuance of building permits, the subject property shall enter into irrevocable offer to -dedicate for -reciprocal -:driveway easement between the subject site and adjacent property to the East. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when -approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Development Services prior to occupancy. 11. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS - USE PERMIT NO, 87-12: 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 Federa Fire Codes, Ordinances, and standards. 3. Landscaping shall comply with Article 912 of the Huntington Beac Ordinance Code. -12- 3/25/87-- BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 13 4. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-12 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Poe, Smith NOES: Krejci, Strange ABSENT: None USE PERMIT NO. 87-11 Applicant: Pat's Ski and Sport Shop A request to permit a temporary outdoor sale in a shopping center parking lot on April 4 and 5, 1987. Subject property is located at 8911 Adams Avenue (North side of Adams Avenue approximately one hundred fifty feet (150') West of Magnolia Street). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff reported this was a request to install a thirty foot by thirty foot (30' x 30') tent in a parking lot for an outdoor sale. This is a sale which has been held annually by the applicant for the past four (4) years and Staff recommended approval with suggested conditions. The applicant's representative, Jill Askegaard, was present and agreed to the conditions as presented by Staff. UPON MOTION BY EVANS AND SECOND BY STRANGE, USE PERMIT NO. 87-11 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 Use Permit No. 87-11 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. -13- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 14 SPECIAL CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated March 9, 1987, shall be the approved layout. 2. Dates of the temporary outdoor event shall be April 4 and 5, 1987. 3. 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. 4. The applicant shall obtain-c-learance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to .be executed at least five (5) days prior to the event.- 5. Applicant shall provide for cleanup of the area=after closing of the event. - INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The use 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. -A Certificate to Operate shall be issued by the Department of Development Services as required by Section 9-730.8 of -the Huntington Beach Ordinance Code. 4. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-11 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 87-11 Applicant: Kar Kare Parking System To permit a seasonal parking lot for approximately two hundred thirty-five (235) cars, including fencing and landscaping. Subject property is located at the Northeast corner of Pacific Coast'Highway and Newland Street. This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. -14- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 15 Staff stated this was a request for a seasonal parking lot and the site had been used previously by the applicant. The applicant will install fencing and landscaping on the site. The Police Department was contacted and they have no problems with the request. The location is in the Coastal Zone which will require permission from the California Coastal Commission since it is not under the City's coastal jurisdiction. The applicant will have to obtain a Coastal Development Permit prior to opening of the lot. Staff recommended approval with conditions. Michael Strange asked if any complaints had been received last year regarding operation of the lot and Ms. Phillips said there had been none. The applicant's representative, John Bonanni, was present. Dennis Krejci inquired about the fencing. Mr. Bonanni said it was temporary fencing but they would be putting up a new one with top round. Upon questioning by Mr. Krejci, the applicant's representative said the lot would have a total of forty percent (40%) compact spacing for cars. Daryl Smith discussed at length with Mr. Bonanni the problems which he would entail with attempting to have landscaping installed in that particular area. Mr. Bonanni stated it was a requirement of the Edison Company so Mr. Smith suggested the applicant's representative contact the Landscape Division of Public Works for a list of plants which might survive in the area. UPON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 87-11 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: 1. The conceptual site plan received and dated March 6, 1987, shall be the approved layout. 2. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. Trash shall be picked up from both sides of the fence and placed in containers on a daily basis. 3. Lots shall be secured to prevent overnight parking between the closing hour of one business day and the opening hour of the following business day. 4. An attendant shall be on duty at all times during business hours. 5. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and charges -15- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 16 for parking and -hours of operation. Such signs.shall be located at the entrance in a copy size visible to.motorists entering the parking lot. On -site signs shall not exceed twelve (12) Square Feet and shall not be more than eight feet (8') high nor less than six feet (6') high. Said signs shall be removed from the site each season no later than the third weekend each September. 6. An approved fire extinguisher shall be provided on the premises during -business hours. 7. A Certificate of Insurance and a Hold Harmless Agreement, in an amount.,deemed necessary by the Administrative Services Department, shall be filed with them at least five (5) days prior to opening the parking lot. 8. An inspection shall be made by Land Use and the Public Works Department to insure that the above -imposed conditions have been met prior to -opening of business. 9. No signs, swags, cables, post -signs, etc., shall be -allowed in the public right-of-way. 10. This approval -is valid from May 22, 1987,-to September 20, 1987, inclusive. 11. Lot surface,shall be to the satisfaction of the Fire and Public Works Departments. 12. Applicant shall obtain a Coastal Development Permit,- or.a waiver - of such permit, prior to operation. 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. A Certificate to Operate shall be issued by the Department of Development Services as required by Section 9730.8 of the Huntington Beach Ordinance Code. 4. The Board of Zoning Adjustments reserves the right to revoke Administrative Review No. 87-11 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None -16- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 17 TENTATIVE PARCEL MAP NO. 87-151 Applicant: V. R. Bonfanti, Architect A request to consolidate two (2) parcels into one (1) parcel and request for Waiver of Final Map. Subject property is located at 19131-19171 Beach Boulevard (West side of Beach Boulevard approximately three hundred feet (3001) North of Clay Avenue). This request is covered by Categorical Exemption, Class 5, California' Environmental Quality Act, 1986. Staff said this was a request for consolidation of two (2) parcels into one (1) parcel which would be used for the new Acura dealership. Staff added the final map could not be waived until all conditions are met - that the applicant could request a waiver from the Board after all installations had been completed. Staff, however, recommended approval of the Tentative Parcel Map with conditions. The applicant's representative, Walt Eden, was present and agreed to the conditions presented by Staff. UPON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 87-151 WAS APPROVED WITHOUT WAIVER, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: 1. The proposed consolidation of two (2) 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 t' 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. -17- 3/25/87 - BZA 9 Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page-18 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 March-12, 1987, 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 at the time said parcel is developed (if such systems exist within 200"feet of'said parcel(s)=. 4. Sewage disposal -shall be through the City of -Huntington Beach's sewage system at the time said parcel is developed (if=such systems exist within 200 feet of said parcel(s). 5. All utilities shall be installed underground at the time said parcel is developed. 6. Compliance with all applicable City Ordinances.- . 7'. The property shall participate in the local drainage assessment district at the time said parcel is developed. (Contact the Department of Public -Works for additiorial information). 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. All vehicular access rights along Beach Boulevard shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. AYES: Evans, Krejci,• P_oe, Smith, Strange NOES: None ABSENT: None r-7 There was no further business to be presented to the Board for their review. UPON MOTION BY -SMITH AND SECOND BY KREJCI, THE REGULAR MEETING WAS ADJOURNED TO A STUDY -SESSION ON MONDAY, APRIL 30, 1987, AT 10:00 A.M., BY THE FOLLOWING VOTE: -18- 3/25/87 - BZA Minutes, H. B. Board of Zoning Adjustments March 25, 1987 Page 19 AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None len K. Godfrey, Secretary Board of Zoning Adjustments jgh (7698d) 1 -19- 3/25/87 - BZA