HomeMy WebLinkAbout1981-03-041
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8, Civic Center
2000 Main Street
Huntington Beach, CA.
WEDNESDAY, MARCH 4, 19'81 - 1:15 P.M.
BOARD MEMBERS PRESENT: Spencer, Kelly, Tindall
MINUTES: ON MOTION BY SPENCER AND SECOND BY TINDALL, MINUTES OF
THE REGULAR MEETING OF DECEMBER 3, 1980 WAS 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 FEBRUARY 4, 1981 WERE APPROVED
BY THE FOLLOWING VOTE:
AYES: Spencer, Kelly
NOES: None
ABSTAIN: Tindall
ON MOTION BY KELLY AND SECOND BY SPENCER, MINUTES OF
THE REGULAR MEETING OF FEBRUARY 18, 1981 WERE APPROVED
BY THE FOLLOWING VOTE:
AYES: Spencer, Kelly
NOES: None
ABSTAIN: Tindall
MINUTES OF THE REGULAR MEETING OF FEBRUARY 25, 1981
WERE DEFERRED.
REGULAR AGENDA ITEMS:
USE PERMIT NO. 81-4 (Continued from 2/25/81)
Applicant: James Marino
To permit the construction of a 2,030 sq. ft. addition to existing
automobile agency located at 18711 Beach Blvd.
This request is a Categorical Exemption Class 1, California Environ-
mental Quality Act, 1970.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 2
Mr. Perry Mansell was present to represent the application. Secretary
Spencer briefly outlined the proposal, stating that the applicant
had submitted updated plans reflecting correct dimensions of proposed
addition (1,680 sq. ft.) .
Chairman Tindall opened the public hearing. The Board expressed concern
regarding the existing temporary building. Mr. Mansell stated that the
building was constructed by a previous owner and is forklift movable.
Secretary Spencer questioned Mr. Mansell regarding permits obtained f6r
the building. Mr. Mansell was informed that proof of or necessary
permits were required.
Board discussion followed regarding drive widths and landscaping.
It was noted that driveways are existing. There being no other persons
present to speak on the application, Chairman Tindall closed the public
hearing.
ON MOTION BY SPENCER AND SECOND BY KELLY, USE PERMIT NO. 81-4 WAS APPROVED
BY THE FOLLOWING VOTE, WITH FINDINGS AND CONDITIONS OF APPROVAL AS
FOLLOWS:
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. 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 March
2, 1981 shall be the approved layout.
In its approval action, the Board of Zoning Adjustments considered the
following issues relating to the conceptual plan:
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 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. Proof of, or application of necessary building permits
shall be obtained for 14 x 20 existing temporary building
shown on plot plan submitted March 2, 1981, within six (6)
months of this action.
AYES: Spencer, Kelly, Tindall
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-9 (Continued from 2/25/81)
Applicant: Rainbow Disposal Company, Inc.
To permit an expansion of present facility from 1.81 acres to 4.65
acres located on the west side of Nichols Street at 17121 Nichols
Street.
This request is covered by Negative Declaration No. 81-4.
ON MOTION BY TINDALL AND SECOND BY SPENCER, THE BOARD HAVING FOUND
THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT
ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-4
WITH THE FOLLOWING MITIGATING MEASURES CONTAINED IN ADMINISTRATIVE
REVIEW NO. 81-9 GENERAL CONDITIONS 8 AND 9 IMPOSED ON ADMINISTRATIVE
REVIEW NO. 81-9 BY THE FOLLOWING VOTE:
AYES: Spencer, Kelly, Tindall
NOES: None
ABSENT: None
Chairman Tindall introduced the application to the Board. Mr. Stan
Tkaczyk was present to represent the application. Mr. Dan Van Dorp,
project engineer was also present.
Secretary Spencer stated that the proposed additional uses are allowable
within the zone (recycling, transfer station).
Mr. Tkaczyk stated that machinery consisted of a baler, shredder,
compressors and blowers, all of which are designed for low noise levels.
He addressed the type of waste material which will be accepted, stating
that ordorous type materials are not highly resalable, and storage is
difficult, therefore will not be accepting this type.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 4
George Tindall expressed concern regarding traffic flow patterns onsite,
in particular public vs. disposal trucks. Mr. Tkaczyk noted that hours
of operation would differ from the hours utilized by the public for
recycling.
Fire Representative Kelly expressed concern regarding storage of waste
materials after working hours. He recommended that storage be prohibited
after hours, or that proper fire protection devices be installed to avoid
fire hazards. He cited that the adjacent lumber yard as a potential problem.
Board member Kelly also requested that the building be sprinklered.
Mr. Van Dorp stated that fire hoses are proposed throughout the building,
noting that sprinklers would be ineffective for this type of operation.
(Mr. Van Dorp is a registered fire protection engineer).
The Board discussed landscaping. Secretary Spencer stated that high
density landscaping would be required along the north and south property
lines, in addition, the area adjacent to Nichols Street shall be bermed/
mounded.
Discussion regarding consolidating two parcels into one lot followed.
Mr. Tkaczyk stated that filing a parcel map may not be possible, and
requested that a letter of agreement be sufficient.
Secretary Spencer stated that a reciprocal easement agreement is necessar
however, he will contact the City Attorney for an opinion regarding a letter
of agreement between property owners in lieu of filing and recording a
parcel map.
Further Board discussion followed.
ON MOTION BY TINDALL AND SECOND BY SPENCER, ADMINISTRATIVE REVIEW NO. 81-9
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 March 4,
1981 shall be the approved layout.
In its approval action, the Board of Zoning Adjustments considered the
following issues relating to the conceputal plan:
1
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 5
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.
2. The following plans shall be submitted to the Secretary
of the Board:
a. Landscape 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. Storage of waste material in transfer station after working
hours is prohibited, unless applicant provides adequate
fire protection devices.
2. Landscaped area adjacent to Nichols Street shall be mounded
(bermed) per Section 9791(b) of the Huntington Beach Ordinance
Code.
3. Applicant shall comply with all applicable Fire Code require-
ments.
4. Landscaping along the north and south property lines shall be
of high density foliage.
5. Applicant shall provide on -site parking for employees, thereby
discouraging employee parking along Nichols Street.
6. Equipment shall meet all Orange County noise ordinance require-
ments prior to issuance of Certificate of Occupancy.
7. Applicant shall record a parcel map consolidating two (2)
parcels into one (1) lot prior to issuance of building permits,
or in the alternative assure reciprocal drive easements with
an acceptable recorded document.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 6
8. All building spoils, such as unusable lumber, wire, pipe,
and other surplus or unusable material shall be disposed of
at an offsite facility equipped to handle them.
9. If lighting is included in the parking lot and/or recreational
area, energy efficient lamps shall be used (e.g. high pressure
sodium vapor, metal halide). All outside lighting shall be
directed to prevent "spillage" onto adjacent properties.
AYES: Spencer, Kelly, Tindall
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-12
Applicant: Aya Neishi
To permit a six (6) foot high block wall to encroach five (5) feet
into front yard setback located on the west side of Marina View, approx.
200 feet north of Los Patos (17181 Marina View).
This request is a Categorical Exemption Class 5, California Environmental
Quality Act, 1970.
Mr. Dan Armstrong was present to represent the application. Chairman
Tindall introduced the application to the Board. Secretary Spencer
briefly outlined the request noting that the wall would consist of
block and wrought iron.
Fire Representative Kelly stated that he had field checked the site,
noting that the wall was partially built, except for the addition of
wrought iron.
Chairman Tindall opened the public hearing. Mr. Armstrong stated that
the addition of the wall would allow the property owner more privacy
He stated that the property slopes from front to back, therefore, the
fence would be four (4) feet high at the sidewalk point,
Chairman Tindall recommended that the application be-cb.ntinued in order
to allow the applicant to submit cross sections and elevations of the
proposed fence and for Board members to field check the site.
ON MOTION BY TINDALL AND SECOND BY SPENCER, CONDITIONAL EXCEPTION
NO. 81-12 WAS CONTINUED IN ORDER FOR THE APPLICANT TO SUBMIT REVISED
PLANS REFLECTING THE PROPOSED FENCE IN RELATION TO THE -PROPERTY.
AYES: Kelly, Tindall, Spencer
NOES: None
ABSENT: None
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 7
CONDITIONAL EXCEPTION NO. 81-15
Applicant: Falzon Construction, Inc.
To permit a reduction of 171 sq. ft. of minimum open space area
located at 9542 Caithness.
Mr. Charles Falzon was present to represent the application.
Secretary Spencer stated that the proposal is an addition to an
existing building. He noted that the requested encroachment is
minimal, and remaing open space for recreational activity is
sufficient to meet code requirements for the area.
Chairman Tindall opened the public hearing. Mr. Falzon submitted
a graph showing the relationship of remaining open space to the
home.
Board discussion followed. Conditions of Approval were discussed.
Chairman Tindall closed the public hearing.
ON MOTION BY KELLY AND SECOND BY TINDALL, CONDITIONAL EXCEPTION
NO. 81-15 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS
AND CONDITIONS OF APPROVAL AS FOLLOWS:
FINDINGS:
1. The granting of the Conditional Exception will not constitute
a grant of a special privilege inconsistent upon other properties
in the vicinity and under an identical zone classification.
2. The granting of a Conditional Exception 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.
REASON FOR APPROVAL:
Because of the encroachment into the required open space is
minimal and the remaining area of open space exceeds minimum of
total open space requirements, the Board granted approval.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received February
17, 1981 shall be the approved layout.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 8
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.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-10
Applicant: Donald Penkoff
To permit the construction of a tilt -up industrial/office building
(20,400 sq. ft. - total mezzanine, 6,600 sq. ft.), located on the
north side of Oceanus Avenue (lot #3).
This request is covered by Environmental Impact Report No. 73-16
previously approved.
IN CONJUNCTION WITH:
ADMINISTRATIVE REVIEW NO. 81-11
Applicant: Donald Penkoff
To permit the construction of a tilt -up industrial/bffice building
of 29,811 sq. ft. located on the north side of Oceanus Avenue
(Lot #4) .
IN CONJUNCTION WITH:
ADMINISTRATIVE REVIEW NO. 81-11
Applicant: Donald Penkoff
To permit the construction of a tilt -up industrial/office building
located on the north side of Oceanus Avenue (Lot W .
Secretary Spencer recommended continuing the applications to a date
uncertain in order to allow the Board to meet with the applicant to
discuss problems with the proposal.
ON MOTION BY SPENCER AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW
NO. 81-10, ADMINISTRATIVE REVIEW NO. 81-11 AND ADMINISTRATIVE REVIEW
NO. 81-12 WERE CONTINUED TO A DATE UNCERTAIN IN ORDER TO MEET WITH
THE APPLICANT.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
I�
1
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 9
MISCELLANEOUS ITEMS:
USE PERMIT NO. 81-6 (Reconsideration)
Applicant: Carlos Cella/Victor Correa (Individ.)
To permit the establishment of an auto repair/restoration facility
in the M1-A district located on the south side of McFadden Avenue,
approximately 763 feet west of Springdale Street.
ON MOTION BY KELLY AND SECOND BY TINDALL, THE PUBLIC HEARING ON
USE PERMIT NO. 81-6 WAS REOPENED BY THE FOLLOWING VOTE:
AYES: Tindall, Spencer, Kelly
NOES: None
ABSENT: None
Mr. Carlos Cella was present to represent the application. Chairman
Tindall expressed his concern regarding the lack of enforcement from
the property owners as to accumulation of trash and debris that is
allowed to continue in the light industrial zone.
Mr. Cella stated that as his business was restoration of vintage
vehicles, outside storage would be detrimental to automobiles or
parts. All storage and repair would be within the building.
Further Board discussion followed. Chairman Tindall closed the
public hearing.
ON MOTION BY TINDALL AND SECOND BY SPENCER, USE PERMIT NO. 81-6
WAS CONDITIONALLY APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS
OF APPROVAL AS FOLLOWS:
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. 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.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981.
Page 10
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received February
11, 1981 shall be the approved layout.
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. There shall be no outside storage of vehicles, vehicle
parts, equipment or trailers.
2. All repair work shall be conducted within the building.
3. A review of the use shall be conducted within six (6) months
of the date of this approval to verify compliance with the
Conditions of Approval of Use Permit No. 81-6 and applicable
sections of Article 951 of the Huntington Beach Ordinance
Code. If at any time, there is a violation of these conditions
or Code sections, Use Permit No. 81-6 shall become null and
void.
AYES: Tindall, Kelly Spencer
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-16
Applicant: Gary W. Brown:
To permit two (2) model homes located on the east side of Lake Street
at Adams Avenue (1706 & 1702 Lake Street).
Secretary Spencer introduced the application to the Board. Discussion
regarding bonding (Section 9730.18 HBOC) ensued.
ON MOTION BY SPENCER AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO.
81-16 WAS APPROVED BY THE BOARD WITH CONDITIONS OF APPROVAL AS FOLLOW
CONDITIONS OF APPROVAL:
1. Approval of this request is subject to Section 9730.18 of the
Huntington Beach Ordinance Code.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 11
AYES: Kelly, Tindall, Spencer
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81-7
Applicant: James F. Casey, Jr.
To permit a 10,240 sq. ft. industrial building located on the
south side of Research Drive at 5622 Research Drive.
IN CONJUNCTION WITH:
ADMINISTRATIVE REVIEW NO. 81-8
Applicant: James F. Casey, Jr.
To permit the construction of a 9,600 sq. ft. two (2) story
industrial building located at the intersection of Research and
Graham (5602 Research Drive).
Secretary Spencer briefly outlined the applications to the Board.
Mr. Casey was not present.
Chairman Tindall recommended that drive widths conform to Public
Works Standard Plan 212 A & B and all applicable fire safety codes
become a part of this request.
Secretary Spencer noted that the elevations reflected a metal type
structure, which is not allowed in the M1-A zone. He recommended
that the Conditions of Approval reflect that a revised plan showing
a masonary type structure be submitted prior to issuance of builidng
permits.
Conditions of Approval were discussed.
ON MOTION BY SPENCER AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW
N0.81--7 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL
BY THE FOLLOWING VOTE:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received February
25, 1981 shall be the approved layout, subject to the
modifications described herein:
a. Applicant shall submit revised elevations reflecting
a masonry type structure as required in the Ml-A zone.
A plan delineating said modifications shall be submitted to the
Secretary of the Board. If such plan complies with the modifi-
cations 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
March 4, 1981
Page 12
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.
2. The following plans shall be submitted to the Secretary
of the Board:
a. Landscape and irrigation plan complying with Article
979 of the Huntington Beach Ordinance Code and land-
scape 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. Drive approaches shall be constructed to Department of
Public Works Standard Plan 212 A & B.
2. Applicant shall conform to all applicable Fire Department
Code requirements.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
ON MOTION BY SPENCER AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW
NO. 81-8 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 February
25, 1981 shall be the approved layout, subject to the
modifications described herein:
a. Applicant shall submit revised elevations reflecting
a masonry type structure as required in the M1-A zone.
1
LJ
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 4, 1981
Page 13
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 property.
2. The following plans shall be submitted to the Secretary
of the Board:
a. Landscape and irrigation plan complying with
Article 979 of the Huntington Beach Ordinance
Code and landscape 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. Drive approaches shall be constructed to Department
of Public Works Standard Plan 212 A & B.
2. Applicant shall conform to all applicable Fire
Department Code requirements.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED
Charles P. Spencer, Secreta
Board of Zoning Adjustments