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HomeMy WebLinkAbout1981-01-07MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA. WEDNESDAY, JANUARY 7, 1981 - 1:15 P.M. BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, MINUTES OF THE REGULAR MEETING OF DECEMBER 17, 1980 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall NOES: None ABSTAIN: Kelly ON MOTION BY SPENCER AND SECOND BY KELLY, MINUTES OF THE REGULAR MEETING OF DECEMBER 24, 1980 WERE APPROVED BY THE FOLLOWING VOTE: AYES: Spencer, Kelly NOES: None ABSTAIN: Tindall ON MOTION BY SPENCER AND SECOND BY KELLY THE MINUTES OF THE REGULAR MEETING OF DECEMBER 31, 1980 WERE DEFERRED BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 80-43 Applicant: Victor Ferrer To permit an auto body shop located at 5382 Oceanus. This request is a Categorical Exemption Class 1, California Environmental Quality Act, 1970. Chairman Tindall introduced the application to the Board. Secretary Spencer briefly outlined the application. Mr. Victor Ferrer and Mr. Donald Penkoff were present to represent the application. Secretary Spencer noted that a letter of opposition from Kacor Realty, Inc. had been received stating that an auto body shop is not consistent with the tendancy for high office usage which is developing in the subject industrial park. He reminded the -Board, that Mr. Rodger'Howell, representing Hacor &TAlty, Inc., had been present at the meeting of December 24, 1980 in order voice an opposition to the. -proposed auto body use. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 2 Chairman Tindall opened the public hearing. Secretary Spencer stated that several such applications had been approved in the immediate vicinity, with strict Conditions of Approval attached, in order to naintain an attractive appearance. Such restrictions would prohibit any outside activity and/or storage of inoperable vehicles. In addition, a six month review of the site will be made to assure compliance of imposed Conditions. Chairman Tindall questioned the applicant regarding the extensiveness of work to be done. Mr. Ferrer stated that basic body and fender work only, no major chassis work is planned. Fire Representative Kelly questioned Mr. Ferrer about painting to be done on the site. Mr. Ferrer stated that all painting was done at another location, as he was not equipped to handle painting. Further discussion followed. Chairman Tindall closed the public hearing. It was the consensus of the Board to approve the subject application with Conditions restricting outside activity, subject to a six month review of the site. ON MOTION BY KELLY AND SECOND BY SPENCER, USE PERMIT NO. 80-43 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE _ _ - FOLLOWING VOTE: FINDINGS: 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. The property and improvements in the vicinity of such use or buildinc 2. The granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received January 7, 1981 shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: ' M r MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 3 - Traffic circulation and drives; - Parking layout; - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. There shall be no outside storage or repair of vehicles or equipment. Repair and storage shall be conducted within the building. 2. A six month review of the site shall be conducted to assure conformance of applicable Ordinance Codes. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 80-68 Applicant: William M. Turk To permit the relocation of a garage to encroach 14' into required setback and 26h" into side yard setback. Subject property is located at 7742 Alhambra at the intersection of Silver Lane and Alhambra. This request is a Categorical Exemption Class 5, California Environmental Quality Act, 1970. Secretary Spencer briefly explained the application, stating that a previous application had been approved (CD 80-62), however, the applicant had measured incorrectly the distance from the property line to the point where the proposed garage will be constructed. The encroachment into the side yard setback will be 26Y" instead of 11" as previously approved. Chairman Tindall opened the public hearing. Mr. Turk was present to represent the application. The Board discussed the application, noting that the Conditions imposed previously on Conditional F-c:gption No. 80-62 would become a part of this application. Chairman Tindall closed the public hearing. ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 80- 68 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL AS STATED: MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 4 REASON FOR APPROVAL: Considering the amount of dedication required by the City for street widening purposes, the proposed encroachment will be minimal. Additionally, existing trees will be preserved and required open space will be retained. FINDINGS: 1. The granting of the Conditional Exception will not constitute a grant of special privilege inconsisent upon other properties in the vicinity and under an identical zone classification. 2. 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 privilebes enjoyed by other properties in the vicinity and under identical zone classifications. 3. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a Conditional Exception will not be materially detrimental to the public welfare, or injurious to property in the same zone classification. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received December 18, 1980 shall be the approved layout, subject to the modifications described herein: a. Applicant shall submit a plan reflecting the location of garage door at a minimum of 7� feet from the property line. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 5 In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this property. B. GENERAL CONDITIONS: 1. Applicant shall conform to all applicable Conditions of Approval as imposed upon Conditional Exception No. 80-62 and Use Permit No. 80-42. 2. Buidng and fire code requirements shall be complied with. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None USE PERMIT NO. 80-47 Applicant: Donald Benson To permit 49; two story commercial/office condominium units of approx. 37,800 sq. ft. located on the west side of Beach Boulevard, approximately 90 feet north of Slater at 17441 Beach Boulevard. This request is covered under Negative Declaration No. 78-23, previously approved. Mr. Donald Benson was present to represent the application. Chairman Tindall introduced the application to the Board. Secretary Spencer briefly explained that the proposal had previously been approved (UP 78-17), however, the application had expired, therefore, a new application was required. Driveway dimensions were discussed. Chairman Tindall recommended that driveway approach widths be thirtytwo (32) feet. Fire Representative Kelly stated that the applicant should meet with the Fire Department to determine placement of fire hydrants on site. Secretary Spencer informed the applicant that a more extensive landscape plan was necessary, in addition, a revised parking layout is needed prior to issuance of building permits. Secretary Spencer stated that a parcel map had already been recorded TPN 78-24). There being no other discussion, the public hearing was closed. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 6 The Board discussed Conditions of Approval. ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 8L 47 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 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. The property and improvements in the vicinity of such use or building. 2. The granting of a Use Permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received December 19, 1980 shall be the approved layout, subject to the modifications described herein: a. A plan showing driveway dimensions of thirtytwo (32) feet for front and rear drives shall be submitted to the Secretary of the Board prior to issuance of building permits. b. A plan showing on -site parking shall be submitted for approval by the -Secretary of the Board prior to issuance of building permits. c. A detailed landscaping plan shall be submitted for approval. A plan delineating said modifications shall be submitted to the Secretary of the Board. If such plan complies with the modifications outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this plan. 1 MINUTES: January 7, Page 7 H.B. BOARD OF ZONING ADJUSTMETNS 1981 2. The following plans shall be submitted to the Secretary of the Board: a. Landscaping and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifications on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. B. GENERAL CONDITIONS: 1. Beach Boulevard driveway approaches shall be subject to approval of the Department of Public Works. 2. All applicable Conditions of Approval of Use Permit No. 78-17 shall be complied with. 3. Applicant shall comply with all applicable Huntington Beach Fire Department codes. 4. A copy of the CC & R's shall be reviewed and approved by the Secretary of the Board, particularly regarding joint access prior to issuance of occupancy permits. 5. A copy of the recorded condo map shall be filed with the Secretary of the Board prior to finalling of building permits. AYES: Tindall, Spencer, Kelly NOES: None ABSENT: None REVIEW OF HOME OCCUPATION PERMIT Applicant: David Ellis To review a home occupation permit at 14461 Danes Circle. Secretary Spencer introduced the review permit. He noted that Land Use Technician Doug Heite has recommended revocation of this permit, resulting from several complaints received from the License Department and the Department of Development Services. Because the number of complaints were excessive, the Board is bound to review the permit. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 71 1981 Page 8 Mr. Ellis was present to represent the application. He stated that no work was done outside of the house, any tools in the garage are for his personal work, however, there is some wood supplie . but very little. Mr. Ellis stated that a work van is used at the home, however, he stated that the lettering on the van would be removed. Secretary Spencer:stated that the employees must live on site, and that garage area must be usable (be able to garage car(s)). Mr. & Mrs. Corley, neighbors from across the street, were present, stating that at no time have they seen any evidence that Mr. Ellis works.;out of his home, as there is no excessive traffic or,_confusion resulting in his business. Mr. Smith, also a neighbor, stated that there was,,;no obvious activity outside Mr. Ellis's home. Mr. Bill Radcliff also expressed that there seemed to be little problem with the business. Mr. Grant, an,immediate neighbor had no complaint regarding Mr. Ellis', activity. After reviewing testimony, the Board, having found that the area.did not suffer any impact resulting in the business, approval was_granted, however, Secretary Spencer stated that the Land Use division would be in contact with him, should any other complaints arise. ON MOTION BY SPENCER AND SECOND BY TINDALL, THE SUBJECT HOME OCCUPATION PERMIT WAS APPROVED BY THE FOLLOWING VOTE, WITH THE REASON FOR APPROVAL AS FOLLOWS: REASON FOR APPROVAL: Subject home occupation permit was reviewed on January 7, 1981 by the Board of Zoning Adjustments. After hearing public testimony, it was found that no adverse -impacts existed and Section 9830.21 of the Huntington Beach Ordinance Code is being complied with, the Board approved continuance of the home occupation permit. AYES: Tindall, Spencer, Kelly NOES: None ABSENT: None 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 9 ADMINISTRATIVE REVIEW NO. 80-74 Applicant: Fred Kemble To permit a 7,645 sq. ft. mezzanine addition located at 15062 Bolsa Chica. Mr. Fred Kemble was present to represent the application. Chairman Tindall introduced the application, Secretary Spencer briefly explained the application, noting that the structure will have approximately 7,645 sq. ft. of office space and storage space, therefore, parking could be reduced by approximately 5 spaces. Chairman Tindall recommended that a revised plan reflecting storage area be submitted prior to issuance of building permits. Fire Representative Kelly questioned the applicant regarding the type of operating, and recommending that the applicant contact the fire department concerning sprinklering of the building. Futther Board discussion followed. ON MOTION BY SPENCER AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW NO. 80-74 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL AS FOLLOWS: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received December 22, 1980 shall be the approved layout, subject to the modifications described herein: a. A revised plan shall be submitted for review and approval by the Secretary of the Board, delineating storage and wdrehousing. A plan showing said modification shall be submitted to the Secretary of the Board. If such plan complies with the modification outlined by the Board, said plan shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; -' Parking layout; Lot area; Lot width and lot depth; Type of use and its relation to property and improvements in the immediate vicinity; Past administrative action regarding this prcperty. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS January 7, 1981 Page 10 B. GENERAL CONDITIONS: 1. Applicant shall comply with all applicable Hunting.Dn Beach Fire Department codes. AYES: Spencer, Tindall, Kelly NOES: None ABSENT: None THERE BEING NO OTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. Spencer Secretary Board of Zoning A justments 1 n