HomeMy WebLinkAbout1981-03-11MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8, Civic Center
2000 Main Street
Huntington Beach, CA.
WEDNESDAY, MARCH 11, 1981 - 1:15 P.M.
BOARD MEMBERS PRESENT: Lipps, Crosby, Cooper
(Spencer arrived at 1:30 P.M.)
MINUTES: MINUTES OF THE REGULAR MEETINGS OF FEBRUARY 25 AND
MARCH 4, 1981 WERE DEFERRED
REGULAR AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 81-12 (Continued from 3/4/81)
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, approximately 200 feet north of Los Patos (17181 Marina View).
This request is a Categorical Exemption Class 5, California
Environmental Quality Act, 1970.
Mr. Jerry Janeski was present to represent the application. Acting
Secretary Lipps briefly outlined the application. It was noted that
the block wall portion of the fence now exists. Mr. Lipps stated
that the applicant had submitted plans reflecting a cross section
view of the proposed fence.
Chairman Crosby informed the applicant that anything exceeding
forty-two (42) feet within fifteen (15) feet of the property line
is not allowed. He further stated that the Board is bound to find
a justifiable hardship such as an irregular shaped lot, size, etc.
Further Board discussion followed.
Chairman Crosby closed the public hearing. Secretary Lipps
recommended denial as the request is not wholly justifiable.
ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO.
81-12 WAS DENIED FOR THE FOLLOWING REASON, BY THE FOLLOWING VOTE:
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 2
REASON FOR DENIAL:
Approval of this request would be a grant of a special privilege,
incompatible with the adjacent properties. In addition, the in-
sufficiency of justifiable hardship as specified by the Huntington
Beach Ordinance Code, the Board of Zoning Adjustments denied the
request.
AYES: Lipps, Crosby, Cooper
NOES: None
ABSENT: None
TENTATIVE PARCEL MAP NO. 81-555
Applicant: Nick Bekcer
To permit one lot air space condominium for ten (10) industrial units
located at 15671 - 15701 Chemical Lane.
This request is a Categorical Exemption Class 15, California Environ-
mental Quality Act, 1970.
Secretary Lipps noted that the structure exist, and the application is
to satisfy state requirements. He stated that the request was within
substantial Ordinance Code compliance.
ON MOTION BY LIPPS AND SECOND BY CROSBY, TENTATIVE PARCEL MAP NO.
81-555 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL
AS FOLLOWS:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR
ANY PURPOSE:
1. The tentative parcel map received by the Department of
Development Services on February 13, 1981 shall be the
approved layout.
2. A parcel map shall be filed with and approved by the
Department of Public Works and recorded with the Orange
County Recorder.
3. A copy of the recorded parcel map shall be filed with the
Department of Development Services.
AYES: Lipps, Cooper, Crosby
NOES: None
ABSENT: None
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MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 3
CONDITIONAL EXCEPTION NO. 81-14
Applicant: Anthony Bartoli
To permit a reduction in minimum open space dimension located at the
corner of Warner and Los Patos on the north side at 4441 Los Patos.
Chairman Crosby introduced the application to the Board. Secretary
Spencer briefly outlined the application. It was noted that the
applicant was not present.
Chairman Crosby opened the public hearing. Secretary Spencer stated
that the lot is unique in that the lot is triangular shaped and surrounded
on two sides by public streets. In addition, proposed useage of open space
will exceed required square footage.
Conditions of Approval were discussed. Chairman Crosby closed the
public hearing.
ON MOTION BY COOPER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO.
81-14 WAS APPROVED BY THE FOLLOWING VOTE, WITH CONDITIONS OF APPROVAL,
REASONS AND FINDINGS AS NOTED HEREIN:
REASONS FOR APPROVAL:
Being that the subject parcel is triangular shaped surrounded on two
sides by public streets meeting the strict application for required
open space dimension placed undo hardship on the applicant,othe Board
granted approval of this request.
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. 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.
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 classifications.
5. The grantinq of the Conditional Exception will not adversely
affect the General Plan of the City of Huntington Beach.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 4
Chairman Crosby expressed concern regarding the close proximity
of buildings A & B, especially at the rear of the buildings. It
was recommended that the plan be modified to reflect a five (5)
foot separation between buildings.
Board discussion followed regarding the reduction of the front
setback at 217 Memphis. Secretary Spencer stated that guest
parking is impacted by the reduction, in addition, vehicles usually
overhand onto the sidewalk, creating hazardous situations. He
further stated that similar requests have been denied (Conditional
Exception No. 81-9).
Chairman Crosby closed the public hearing. Board members discussed
Conditions of Approval.
ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION
NO. 81-10 WAS APPROVED BY THE FOLLOWING VOTE, WITH FINDINGS, REASONS
AND CONDITIONS OF APPROVAL AS FOLLOWS:
REASONS FOR APPROVAL:
Favorable consideration on subject request allowed for vehicular
access from adjacent properties private alley, thereby reducing
number of driveways taking access from Memphis Avenue on which
subject property fronts. It was also noted by the Board that due
to the fact that the adjacent property which would be most impacted
by the reduction of the requested setback encroachment has as a
separation buffer the above mentioned private alley.
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 classification.
3. 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 February
9, 1981 shall be the approved layout.
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MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 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.
AYES: Crosby, Spencer, Cooper
NOES: None
ABSENT: None
ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION
NO. 18-13 WAS DENIED BY THE FOLLOWING VOTE, FOR THE FOLLOWING REASON:
REASON FOR DENIAL:
Applicant failed to demonstrate a hardship and request is not
consistent with prior action on similar requests.
AYES: Spencer, Cooper, Crosby
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-16
Applicant: Lowell Romberg
To permit a five (5) foot reduction in required driveway width of
twenty (20) feet located on the north side of Warner Avenue (7943
Warner), approximately 150+ feet west of Beach.
IN CONJUNCTION WITH:
USE PERMIT NO. 81-8
Applicant: Lowell Romberg
To permit the construction of a car wash located on the north side
of Warner Avenue at 7943 Warner.
Use Permit No. 81-8 is covered by Negative Declaration No. 81-7.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 6
ON MOTION BY SPENCER AND SECOND BY COOPER, THE BOARD HAVING FOUND THAT
THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE
PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-7 WITH THE
FOLLOWING MITIGATING MEASURES CONTAINED IN USE PERMIT NO. 81-8 GENERAL
CONDITIONS 3 AND 4 IMPOSED ON USE PERMIT NO. 81-8 BY THE FOLLOWING VOTE:
AYES: Spencer, Cooper, Crosby
NOES: None
ABSENT: None
Secretary Spencer introduced the application to the Board. Mr. Lowell
Romberg was present to represent the application. Chairman Crosby
opened the public hearing.
Mr. Romberg briefly outlined the request, stating that the proposal is
for a self-service car wash with a one-way drive into the wash bays.
A twenty (20) foot drive entrance is not necessary for the type of
use.
Chairman Crosby recommended that the drive be moved more westerly to
accommodate better on -site vehicle flow. Fire representative Cooper
suggested that the recreational vehicle bay be relocated for better
turning radius'.
Secretary Spencer expressed concern regarding the landscaped area
along Warner Avenue. He recommended that the landscaping be intensified
and mounded.
Fire Representative Cooper recommended that on -site striping and signage
be minimal. Mr. Romberg stated that he is planning the minimum amount
of signing and striping for attractiveness. He further stated that --
cement would be used instead of blacktop usually used for this type of
operation.
The Board recommended that the applicant maintain visual compatibility
with surrounding buildings (type of-materials/treatment, roof line, etc.).
There being no other parties present to speak, Chairman Crosby closed the
public hearing.
ON MOTION BY SPENCER AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO.
81-16 WAS APPROVED BY THE FOLLOWING VOTE, WITH REASONS, FINDINGS AND
CONDITIONS OF APPROVAL AS STATED:
REASONS FOR APPROVAL:
Applicant's request for a fifteen (15) foot driveway in lieu of the
required twenty (20) foot is justifiable in that provisions for said
twenty foot drive were primarily designed to accommodate two-way
traffic. Applicant's project (automatic car wash facility) with its
one-way access to wash bays and exiting arrangements via proposed
fifteen (15-) foot driveway negates requirements for a two-way drive.
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MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 7
FINDINGS:
1. Approval is found not to consitutute a grant of a special
privilege inconsistent upon other properties in the vicinity.
2. Approval was found not to be detrimental to the public welfare
or injurious to property in the same zone classifications.
3. Approval is found not to adversely affect the City's General
Plan.
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received February
18, 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.
AYES: Spencer, Cooper, Crosby
NOES: None
ABSENT: None
ON MOTION BY SPENCER AND SECOND BY COOPER, USE PERMIT NO. 81-8 WAS
APPROVED BY THE FOLLOWING VOTE, WITH FINDINGS AND CONDITIONS OF APPROVAL
AS STATED:
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 11, 1981
Page g
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received February
18, 1981 shall be the approved layout, subject to the
modifications described herein;
a. Applicant shall submit revised plan showing location
and dimensions of drive approach acceptable to the
Department of Public Works.
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 land-
scaping 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.
C. Applicant shall submit a plan reflecting onsite striping
and signage prior to issuance of building permits.
B. GENERAL CONDITIONS:
1. Prior to issuance of building permits, applicant shall
file a tentative parcel map consolidating existing lots
into one (1) parcel and record prior to final occupancy
of the facility.
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 9
2. Landscaped area adjacent to Warner shall be mounded (bermed)
and intensified per Section 9791(b) of the Huntington Beach
Ordinance Code.
3. 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.
4. If lighting is included in the parking lot and/or recreation
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: Cooper, Spencer, Crosby
NOES: None
ABSENT: None
MISCELLANOUS ITEMS:
CONDITIONAL EXCEPTION NO. 81-17
Applicant: Corona Development Company, Inc.
To permit a portion of the main building to be constructed with 0'
side yard on both sides located on the east side of llth Street at
224 and 226 llth Street.
IN CONJUNCTION WITH:
CONDITIONAL EXCEPTION NO. 81-18
Applicant: Corona Development Company, Inc.
To permit the positioning of the main building to be constructed with
0' side yard located on the east side of 18th Street at 324,326 18th
Street.
ON MOTION BY SPENCER AND SECOND BY COOPER, CONDITIONAL EXCEPTION NO.
81-17 AND CONDITIONAL EXCEPTION NO. 81-18 WERE DEFERRED TO THE PLANNING
COMMISSION FOR THE FOLLOWING REASON BY THE FOLLOWING VOTE:
REASON FOR DEFERMENT TO PLANNING COMMISSION:
Pursuant to Section 9812.2 of the Huntington Beach Ordinance Code, the
Board, because of the specific nature of the request and the impacts
associated therewith, have declined to act on Conditional Exception
No. 81-17 and Conditional Exception No. 81-18, and refers same to the
Planning Commission for public hearing.
AYES:
NOES:
ABSENT:
Spencer, Crosby, Cooper
None
None
MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS
March 11, 1981
Page 10
REQUEST TO RECONSIDER:
CONDITIONAL EXCEPTION NO. 81-15
Applicant: Falzon Construction, Inc.
At the request of the applicant, the Board agreed to reconsider
Conditional Exception No. 81-15 for the purpose of readvertising
to modify request.
ON MOTION BY COOPER AND SECOND BY SPENCER, THE BOARD APPROVED THE
REQUEST TO RECONSIDER CONDITIONAL EXCEPTION NO. 81-15 BY THE FOLLOWING
VOTE:
AYES: Spencer, Cooper, Crosby
NOES: None
ABSENT: None
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
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Board of Zoning Adjustments