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HomeMy WebLinkAbout1987-05-27MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Phillips MINUTES: Minutes of the Regular Meeting of May 20, 1987, were not ready for approval by members of the Board REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 87-240 (Cont. from 5/20/87) Applicant: Kevin Vidal A,request to consolidate two (2) lots and a portion of a third lot to create one-(1) lot for development purposes. Subject property is located at 811 Frankfort Avenue (West side of Frankfort Avenue approximately one hundred fifty feet (1501) northeasterly of Hill Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reminded the Board this request had been continued from the previous meeting to allow the applicant an opportunity to do additional research on the status of the lots in question. The applicant has reached an agreement with the City Engineer and Public Works regarding the proper manner of handling this request. Staff recommended approval with the same conditions as previously presented. The applicant, Kevin Vidal, was present and stated he accepted the conditions. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 87-240 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: f L Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 2 FINDINGS FOR APPROVAL: 1. The proposed consolidation of two (2) parcels and a portion of a third parcel for purposes of residential 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 residential district allowing residential 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 May 1, 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. 13. The alley shall be dedicated to City standards. . 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Compliance with all applicable City Ordinances. -2- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 3 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. All vehicular access rights along Frankfort Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments, Planning Commission, or City Council. AYES: Evans, Godfrey, Krejci, Smith NOES: None ABSENT: Poe COASTAL DEVELOPMENT PERMIT NO. 87-15 ADMINISTRATIVE REVIEW NO. 87-23 AVplicant: Kar Kare Parking Systems A request to permit a seasonal parking lot for forty-six (46) spaces in the existing Bank of America parking lot.. Subject property is located at 3166 Admiralty Drive (Northeast corner of Pacific Coast Highway and Admiralty Drive). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff reported this request was for permission to use the Bank of America parking lot for a seasonal parking lot on weekends and holidays. The use will be the same as approved by the Board last year and Staff recommended approval with the same conditions, essentially that the nine (9) easternmost spaces not be used. These spaces are adjacent to a residential area and to the Bank of America automatic teller machines. This would leave a total of thirty-seven (37) spaces instead of the requested number. Dennis Krejci asked if these spaces had been secured or blocked off the previous year. Staff replied they were unless an attendant was present at the site. The Public Hearing was opened by the Chairman, Dennis Krejci, for both requests. No one was present to represent the applicant. There was no one else present to speak for or against the request so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY EVANS, COASTAL DEVELOPMENT PERMIT NO. 87-15 AND ADMINISTRATIVE REVIEW NO. 87-23 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-15: 1. The proposed seasonal parking lot conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. -3- 5/27/87 - BZA Minutes, H. B. Board of Zoning'Adjustments May 27, 1987 Page 4 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the Visitor Serving Commercial Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The proposed seasonal parking lot can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed seasonal parking lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because it provides for additional public access to the beach. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 87-15: 1. The site plan received and dated May 6, 1987, shall be the approved layout. 2. All Conditions of Approval of Administrative Review No. 87-23 shall be applicable. CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO, 87-23: 1. The conceptual site plan received and dated May 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. 3. An attendant shall be on duty at all times during business hours and said attendant shall keep the emergency gate and driveway at the eastern end of the parking lot free and clear. The nine (9) parking stalls at the eastern end of the parking lot shall be secured and nonusable unless an attendant is present. 4. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and' charges 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 (81) high nor less than six feet (6') high. Said signs shall be removed from the site each season no later than the third weekend of September. -4- 5/27/87 - BZA ri 1 Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 5 5. The parking lot shall be in operation only on weekends and holidays. 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. AYES: Evans, Godfrey, Krejci, Smith NOES: None ABSENT: Poe CONDITIONAL EXCEPTION NO. 87-38 Applicant: Donald C. Dodge A request to permit a room addition to encroach one foot, six inches (1'-611) into a five foot (5') side yard setback (approximately fifteen (15) Square Feet of building encroachment). Subject property is located at 6582 Kilda Circle (South side of Kilda Circle approximately two hundred fifty feet (250') East of Kristopher Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff stated this application was for an addition to a single family dwelling and a portion of it would encroach into the side yard setback. The building encroachment would be minimal - only about fifteen (15) Square Feet - and Staff recommended approval with conditions. The Public Hearing was opened and the applicant, Donald C. Dodge, was present. Mr. Dodge stated he concurred with the conditions. 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. 87-38 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -5- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 6 FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The lot is located on a cul-de-sac and has an irregular configuration. 2. The granting of Conditional Exception No. 87-38 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: 1. The site plan, floor plans, and elevations received and dated May 13, 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. Proposed structures shall be architecturally compatible with existing structures. 4. Low -volume heads shall be used on all spigots and water -faucets. 5. 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. 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. AYES: Evans, Godfrey, Krejci, Smith NOES: None ABSENT: Poe -6- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 7 USE PERMIT NO. 87-10 Applicant: Laura Rivard A request to permit a four (4) unit apartment complex which is more than one hundred fifty feet (1501) away from a public right-of-way. Subject property is located at 5064 Pearce Drive (South side of Pearce Drive approximately one hundred fifteen feet (1151) East of Moody Circle). This request is covered by Categorical Exemption, Classes 3 and 5, California Environmental Quality Act, 1986. According to Staff, this was an application for a four -plea on a flag lot off Pearce Street. The applicant has provided documentation for a legal building site and the apartments comply with the Zoning Code for setbacks, landscaping, parking, etc. Staff recommended approval with conditions such as only four (4) each gas meters, water meters and mailboxes. Les Evans asked if there would be any problem with circulation or access to the existing house and Staff replied there would be no problem with the setback requirement or the easement. Mr. Evans then inquired of Staff whether or not the complex would have required a hearing if it had been closer to the street, and Ms. Phillips replied that only a building permit would have been required. Mr. Evans expressed concern over the conditions limiting utility facilities. Ms. Phillips explained the application had required a Use Permit which then creates a discretionary measure. Tom Poe arrived at the meeting at this time - 1:50 P.M. Les Evans asked for comments from Tom Poe regarding Fire Department concerns for the wood frame building being next to the easement. Mr. Poe replied the new four-plex would have a sprinkler system installed and the twenty-four foot (24') distance would be adequate for fire equipment access. The Public Hearing was opened and Ron Burns was present to represent the applicant. Mr. Burns stated he was not happy with the conditions, especially limiting the mail boxes. He said he had built several complexes in the area and many other people have five (5) mail boxes. He added the four (4) utility meters would be satisfactory. Mr. Burns offered to remove the recreation room wall and make it a forty -foot (401) garage. Cheryle Browning, 16771 Roosevelt Lane, spoke in opposition to the project because previous "bootlegging" of units had been prevalent in the neighborhood, recently constructed units had been very obtrusive, added traffic congestion, etc. Ms. Browning further suggested that four (4) recreation rooms for four (4) units would be -7- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 8 excessive and the owner might wish to convert them to one unit, with elimination of one of the top floor units for more pleasing elevations. Another resident, Sally Graham of 5161 Gelding Circle, said if this same building had been constructed at another location, she would like to view it. She also objected to "bootlegging" of units in the area which created additional traffic problems and mentioned the front building would probably be torn down. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith acknowledged concerns of the residents but added the Fire Code issue was the only reason the application was before the Board. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 87-10 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 use is permitted within the R-2 Zone.and complies with the Zoning Code. 3. The granting of Use Permit No. 87-10 will not adversely affect the.General Plan of the City of Huntington Beach. 4. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated February.26, 1987, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: -8- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 9 a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Address signs shall be posted at Pearce Street in accordance with Fire Department requirements. 5. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 6. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 7. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 8. 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. 9. 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. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low -volume heads shall be used on all spigots and water faucets. 12. 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. 13. Prior to issuance of building permits, the subject property shall enter into irrevocable reciprocal driveway easement between the subject site and adjacent easterly property. 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. -9- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 10 14. 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. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 4. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a Letter of Agreement assuring that: a. The development will remain as four (4) dwelling units. b. Recreation rooms shall not be rented separately from the units they serve. 5. No more than four (4) mail boxes, four (4) gas meters, four (4) water meters, and four (4) electric meters shall be permitted on the site. 4. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-10 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith NOES: Godfrey ABSENT: None Glen Godfrey added his "NO" vote was because he was in agreement with Mrs. Browning that there might be an opportunity for incorporating one of the units on the ground floor. USE PERMIT NO. 87-30 Applicant: Abundant Life Assembly A request to permit relocation of a single family home from one parcel to another parcel. Current Location: 17505 Newland Street (Southwest corner of Newland Street and Slater Avenue). Proposed Location: 17541 Newland Street (West side of Newland Street approximately one hundred sixty feet (160') South of Slater Avenue. -10- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 11 This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1986. Staff said this request was for moving an existing single family from a lot which has been approved for apartments and relocating it on another parcel. There is a residence on the new lot and the site is zoned R-2. A new garage will be provided and there will be adequate parking. Staff recommended approval with standard conditions. Glen Godfrey asked what the new residence would be used for and Staff replied it would be occupied by the Pastor of the Church. The Public Hearing was opened and Rev. Gary Wyatt was present to represent the applicant. Rev. Wyatt said he had no additional comments. Les Evans reminded Rev. Wyatt that any remaining street improvements would have to be installed. 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 GODFREY,E PERMIT.NO. 87-30 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. 87-30 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: 1. The site plan received and dated May 14, 1987, shall be the approved layout, and floor plans dated April 23, 1987, shall be the approved layout. 2.. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to legalize the -11- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 12 existing parcel. 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. 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. 4. Provide right-of-way dedication and street improvements per Public Works requirements. 5. All affected departments shall be notified prior to issuance of building permits for review and approval. 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. 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. 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. INFORMATION ON SPECIFIC CODE•REOUIREMENTS: 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. Landscaping shall comply with Article 912 of the Huntington Beach Ordinance Code. 4. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-32 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. -12- 5/27/87 - BZA Minutes, H. B. May 27, 1987 Page 13 AYES: Evans, NOES: None ABSENT: None Board of Zoning Adjustments Godfrey, Krejci, Poe, Smith USE PERMIT NO. 87-32 Applicant: International Red Onion A request to permit outdoor dining on the patio area adjacent to Red Onion Restaurant for Sunday brunch service. Subject property is located at 16450 Pacific Coast Highway (North side of Pacific Coast Highway approximately five hundred feet (500') West of Admiralty Drive). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported the applicant has now indicated he would like dining on the patio all the time - not just for Sunday brunch. This change requires readvertising the request so the applicant has concurred with a continuance to the meeting of June 3, 1987. Glen Godfrey asked if there would be sufficient clearance along the public walkway and Staff replied the applicant had indicated he would maintain the proper clearance in accordance with the Coastal Commission requirements. The Public Hearing was opened by Chairman Krejci but the applicant was not present. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY POE, USE PERMIT NO. 87-32 WAS CONTINUED TO THE REGULAR MEETING OF JUNE 3, 1987, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 87-33 Applicant: Victor C. and Jo Anne M. Perrin A request to permit a four hundred ninety-two (492) Square Foot addition to an existing single family dwelling with nonconforming side yards. Subject property is located at 402 West Springfield Avenue (Northwest corner of Park Street and Springfield Avenue). This request is covered by Categorical Exemption, Classes 1 and 5, California Environmental Quality Act, 1986. -13- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 14 Staff reported this application had been submitted for several additions to an existing single family residence in an R-1 Zone. The existing residence has nonconforming side yards but the new additions would meet Code with the exception of the garage. Staff recommended approval with conditions. The Public Hearing was opened and Victor Perrin, the applicant, was present. Daryl Smith asked whether the driveway would remain in the same location or be moved. Victor Perrin replied the driveway location would remain the same but it would be replaced. He added they were converting the garage into a three (3) car garage. When asked about the curb cut by Dennis Krejci, Mr. Perrin replied the curb cut might be increased by one foot (l'). Daryl Smith inquired about the garage doors and Mr. Perrin said he would be installing new doors. Daryl Smith explained to the applicant the Board would require roll -up doors and automatic openers for the garage if they approved the request. Mr. Perrin agreed to this stipulation and added he was attempting to improve the appearance of the residence by making the additions. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Glen Godfrey asked that the restriction be placed on the property limiting the use to a single family residence. UPON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 87-33 WAS APPROVED WITH THE FOLLOWING AMENDED 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. 87-33 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. L1 -14- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 15 SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 1, 1987, shall be the approved layout. 2. Dedicate alley and turning radius; provide improvements per Public Works requirements. 3. Automatic garage door openers and roll -up type garage doors shall be installed. 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. Proposed structures shall be architecturally compatible with existing structures. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. 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. 9. 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. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Board of Zoning Adjustments reserves the right to revoke Use Permit -No. 87-33 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen Godfrey left the room at 1:58 P.M. -15- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 16 USE PERMIT NO. 87-39 Applicant: David S. Mier A request to permit a "grand opening" party in a parking area from 4:30 P.M. to 8:30 P.M. on May 29, 1987. Subject property is located at 18822 Beach Boulevard (Southeast corner of Constantine Drive and Beach Boulevard). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff reported this was a request to allow an outdoor event in a parking lot for approximately four hours. The applicant wishes to hold a "grand opening" party in his office, with the overflow into the parking lot. Staff has not received any comments back from the Police Department so Staff would recommend approval with conditions. The applicant, David S. Mier, was present and accepted the conditions presented by Staff. Daryl Smith asked that an additional condition be instituted - that the applicant be required to clean up the parking lot prior to 10:00 A.M. on Saturday morning following the' party. This should eliminate the possibility of "party debris" being scattered over the area by the prevailing winds. UPON MOTION BY SMITH AND SECOND BY EVANS, USE -PERMIT NO. 87-39 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. 87-39 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consist&nt_iwith-the goals and objectives of the City's General Plan and Land Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated May 15, 1987, shall be the approved layout. -16- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 17 2. Applicant shall provide for clean up of the area after the event by 10:00 A.M. on Saturday, May 30, 1987. 3. Fire access lanes shall be maintained per Fire Department requirements. 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 clearance 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. INFORMATION ON SPECIFIC CODE REO IREMENTS: 1. The use shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. A Certificate to Operate shall be issued by the Department of Development Services as required by Section 9730.80 of the Huntington Beach Ordinance Code. 3. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-39if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 9 AYES: Evans, Krejci, Poe, Smith NOES: None ABSENT: Godfrey { Glen Godfrey returned tosthe room at 2:04 P.M. SITE PLAN AMENDMENT NO. 57-9 Applicant: Ursino Development A request to revise site plans and elevations for a previously approved twenty-one (21) unit apartment complex. Subject property is located on the Southeast corner of Yorktown Avenue and Huntington Street. This request is covered by previously approved Negative Declaration No. 86-59. According to Staff, this project was approved by the Board the previous year and the applicant is asking for minor modifications to the site plan. The proposed layout does comply with Code with the exception of the floor plan for Unit "C". This could be revised without affecting any setbacks and the floor area should be added to this unit. -17- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 18 The applicant, Tony Ursino, was present as developer of the project. Mr. Ursino stated changes required in the working drawings had necessitated resubmittal to the Board for the increased square footage. He presented a rendering to the Board of the proposed new project. Dennis Krejci explained to the applicant the Board was considering the project on a conceptual basis only and there could be changes required for the parapet when the project went into plan check. UPON MOTION BY SMITH AND SECOND BY EVANS, SITE PLAN AMENDMENT NO. 87-9 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The revision does not constitute a substantial change. 2. The use of the property shall remain the -same. 3. The dwelling unit density will not be increased. 4. The revision results in an improved development. 5. The revision complies with applicable sections of the Huntington Beach Ordinance Code. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated April 28, 1987, shall be the approved layout. 2. The floor plans dated April 28, 1987, shall be modified so that Unit 'C" contains the minimum required square footage. 3. All applicable Conditions of Approval of Use Permit No. 86-83 (as follows) shall remain in effect. 4. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. -18- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 19 5. -Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 6. Submit proof of legal subdivision or file Tentative Parcel Map prior to issuance of building permits. 7. An automatic fire sprinkler system and a fire alarm system shall be approved and installed pursuant to Fire Department regulations. 8. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 9. 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. 10. A fire hydrant shall be installed at the corner of Yorktown Avenue and Huntington Street to satisfaction of the Fire Department. 11. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 12. Low -volume heads shall be used on all spigots and water faucets. 13. 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. 14. All applicable Public Works fees shall be paid prior to issuance of building permits. 15. The existing mature palm trees currently located on the site should be retained and utilized within the landscape plan if possible. Otherwise, the trees shall be replaced on a two for one (2:1) basis with thirty-six inch (36") boxed trees, to be utilized in the landscape plan on -site. 16. The applicant shall enter into an agreement to provide four (4) units, for a twenty-five percent (25%) density bonus, to be for low and moderate income housing units. The applicant shall provide housing units for persons of low or moderate income subject to the provisions of Government Code Section 65590(d). The applicant's compliance with Section 65590(d) of the Government Code, in terms of amount and location of affordable housing provided, shall be subject to the review and approval of the Department of Development Services. This agreement shall be reviewed by the City Attorney's Office as to form and content and approved by the Director of Development Services. -19- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 20 17. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 18. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 19. The site is located within the Alquist-Priolo Seismic Hazard Study Zone. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from the earth movement for the subject property. All structures within the development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 20. Oil wells shall be abandoned to current Department of Oil and Gas Standards and Fire Department Standards. Contact Dave Curtis at (213) 590-5311 for Department of Oil and Gas Standards and procedures. A site plan with the location of the oil wells indicated on it must be forwarded to Mr. Curtis. 21. Dedicate Yorktown Avenue right-of-way to City (fifty feet (50') from center line of street) to satisfaction of Public Works Department. 22. Construction of street improvements on Huntington Street shall be accomplished to satisfaction of Public Works Department. 23. Street lights on Yorktown Avenue shall be installed to satisfaction of Public Works Department. 24. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 25. Vehicular access rights to Yorktown Avenue shall be dedicated to the City to satisfaction of the Public Works Department. 26. Extend the sewer in Huntington Street to sewer project to satisfaction of the Public Works Department. 27. A fire hydrant shall be installed at the corner of Yorktown Avenue and Huntington Street to satisfaction of the Fire Department. -20- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 21 _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. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). 4. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code.. 5. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-83 and/or Site Plan Amendment No. 87-9 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 87-10 Applicant: J M. Peters Company A request to amend a previously approved site plan - to relocate temporary sales trailer for subdivision. Subject property is located on the Southeast corner of Magnolia Street and Atlanta Avenue. This request is covered by previously approved Negative Declaration No. 86-40. Staff said a revised site plan had been submitted by the applicant. The original request was for model homes and a sales office; however, the owner has decided to use a temporary sales trailer but will still build the model homes. This revision will cut down on the parking spaces and landscaping around the trailer. Staff recommended approval with the same basic conditions for the model homes. -21- 5/27/87 - BZA Minutes, H.' B. Board of Zoning Adjustments May 27, 1987 Page 22 Daryl Smith asked for clarification from Staff regarding approval of the revised site plan. Staff explained that, under the original approval, the trailer would have been entirely removed from the sit - which would have provided additional parking. Mr. Smith asked abouc the fencing and gates and Ms. Phillips stated the wrought iron fencing and gates would still be installed around the model homes. The applicant's representative, Suzanne Sanders, was present and agreed to the conditions. Glen Godfrey stated to Ms. Sanders he had understood the units were all presold. Ms. Sanders replied they were but the company wanted something for people to see. UPON MOTION BY EVANS AND SECOND BY POE, SITE PLAN AMENDMENT NO. 87-10 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The revision will not constitute a substantial change. 2. The use of the property will remain the same. 3. The dwelling unit density will not be increased. 4. The revision will result in an improved development. 5. The revision will comply with all applicable provisions of the Huntington Beach Ordinance Code. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan received and dated May 26, 1987, shall be the approved layout. 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. -22- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 23 6. A site plan and elevations delineating all directional'signs and model identification signs shall be submitted to the Department of Development Services and Public Works for revie�_ 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 sales office shall not be converted or expanded into a general business office. 10. The office use shall be discontinued and trailer removed 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 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 Site Plan Administrative application. 11. Handicap access to the sales office and model homes shall be provided per Building Division requirements. 12. 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. 4. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 87-10 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. -23- 5/27/87 - BZA Minutes, H. B. Board of Zoning Adjustments May 27, 1987 Page 24 AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 87-34 NEGATIVE DECLARATION NO. 87-9 Applicant: Boureston Development A request for referral to the Planning Commission to permit an industrial building within one hundred fifty feet (150') of residentially zoned property - in conjunction with Appeal of Administrative Review No. 87-15, Conditional Exception No. 87-24, and Negative Declaration No. 87-9; Use Permit No. 87-34; Precise Plan for Street Alignment No. 87-1, and Amendment to Taylor and Beach Specific Plan. The subject location is West of Beach Boulevard and South of Talbert Avenue (between the East terminus of Redondo Circle and South terminus of Kovacs Circle). This request is covered by Negative Declaration No. 87-9. Staff reported the original applications had been heard by the Board in April and the Board's decision had been appealed to the Planning Commission. After this appeal was filed, it was determined that a Use Permit should have been filed because of the restriction against an industrial building being located too close to residential property. The previous notice action would have been the same as for the other requests if the Use Permit had been included in the submittal to the Board. However, if now referred to the Planning Commission, property owners within a three hundred (3001) radius will be notified. ' Daryl Smith asked for clarification regarding the items which would be going before the Planning Commission; i.e., this Use Permit and Negative Declaration would complete "the package" for the project submittal.. Staff replied in the affirmative. Dennis Krejci asked if these requests were advertised prior to this meeting and Staff said they had not been advertised as a Public Hearing - just for referral to the Planning Commission. Les Evans asked if the issue was just for referral. Daryl Smith affirmed the statement and added it would be incorrect to hear these items without advertising. Harold Ducate, Attorney, stated that, without waiving the requirements for public notice for Triple H Properties, the Board -24- 5/27/87 - BZA 1 Minutes,. H. B. Board of Zoning Adjustments May 27, 1987 Page 25 was without authority to refer the items; and such action would be illegal and against the Ordinance Code. Les Evans said he would move for referral of both items to the Planning Commission and Daryl Smith seconded the motion. Glen Godfrey stated that, inasmuch as an Attorney was present and upon advice of the City Attorney's office, he would request the maker and seconder of the motion to accept modifications to their motion - that when the Board declines to act on an application, the application shall be referred to the Planning Commission in accordance with Section 9815.3 of the Ordinance Code. The maker and seconder of the motion agreed to the modification to their motion. UPON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 87-34 AND NEGATIVE DECLARATION NO. 87-9 WERE REFERRED, WITH CONCURRENCE OF THE APPLICANT, TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None 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, JUNE 1, 1987, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jgh (8287d) -25- 5/27/87 - BZA