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HomeMy WebLinkAbout1981-07-291 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, Ca. WEDNESDAY, JULY 29, 1981 - 1:15 P.M. BOARD -MEMBERS PRESENT: Lipps, Crosby, Kelly MINUTES: ON MOTION BY KELLY AND SECOND BY CROSBY, THE MINUTES OF THE REGULAR MEETINGS OF JUNE 10, JULY 8, JULY 15, JULY 22, 1981 WERE DEFERRED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 81-49 Applicant: Kenneth Reynolds ON MOTION BY KELLY AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-49 WAS CONTINUED TO -THE AUGUST 19, 1981 MEETING IN ORDER TO GIVE THE APPLICANT THE OPPORTUNITY OF BEING PRESENT, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None USE PERMIT NO. 81-31 Applicant: Southwest Nursery & Supplies To permit establishment of a wholesale nursery on a Southern California Edison Company easement. This request is covered by Negative Declaration No. 81-36. Acting Chairman Crosby informed the Board that application for Use Permit No. 81-31 had been continued from the July 29 meeting in order to give the applicant the opportunity of being present. John Lamrock was present to represent the application. Acting Chairman Crosby introduced the application, and opened the public hearing. Actinq Secretary Lipps outlined the application, pointing out that a Negative Declaration would be required. MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 2 ON MOTION BY LIPPS AND SECOND BY KELLY, NEGATIVE DECLARATION NO. 81-36 WAS ADOPTED BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None Acting Secretary Lipps stated that the use was in conformance with the criteria for this type of use. However, he recom- mended that the office trailer should be located at least 50 feet away from any residential property, as agreed by the Board. Mr. Lamrock stated that this would be no problem. Acting Secretary Lipps outlined the proposed Conditions of Approval. There being no one further to speak on the matter, Acting Secretary Lipps closed the public hearing. ON MOTION BY CROSBY AND SECOND BY LIPPS, USE PERMIT NO. 81-•31 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 no be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements iri the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use. 3. The granting of a use permit will not adversely affect the General Plan of the City of Huntington Beach. 4. The proposed site is adequate to serve the proposed use. 5. The proposed use has resulted in positive environmental effects, including wood and rodent control and an improvement in the visual aestho.H.cs of the s i.te. CONDITIONS OF APPROVAL: A. TO BE- C(1MPI,H'I HD P10-OP TO ISSUANCE Oi' 111J111D I NC; 11E11MITS : I . 'I'Ile c (mc el)(n,1 l p hfl� l) l ,1n mid e l ov,i l icon:; roc•c, i vocl Junco -1 0, 1 118 1 sha 1 1 he the nl,l )r. oveel 1 ayou L, subject Lc> mod i f i ca L- i.oiis cic':ou r i h('d Herein: -2- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 3 2. All vehicles operatinq within the nursery shall not exceed speeds of 10 miles per hour. 3. The taller and larger plant materials shall be stored away from the residential properties to the south. Lower growing trees and shrubs only shall be permitted adjacent to these residential properties, and plant material shall be no higher than one (1) foot lower than the top of existing block wall. 4. All soil amendments or planting mix material shall be kept damp as to not have said material blowing onto adjacent properties. 5. Spraying of plant materials shall be done inwardly, away from residential properties. 6. There shall be no activity (selling or other) between the hours of 8:00 P.M. and 8:00 A.M. 7. Outside phone alarms, intercoms, loudspeakers, are prohibited. 8. Any yard lighting proposed shall be directed away from adjacent residential properties. 9. Any proposed signing shall, conform to Article 976 of the Hunting- ton Beach Ordinance Code. 10. Proposed office and storage buildings shall be located away from residential properties a minimum of fifty (50) feet. 11. Driveway approach and necessary asphalt paving transitions shall be to the satisfaction and specifications of the Public Works Department. 12. Use shall be reviewed six months from date of approval, to determine compliance with conditions and ordinance code requirements. If at any time the use is in violation of these conditions, or any ordinance code requirement, Use Permit No. 81-31 shall become null and void. AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-50 Applicant: Michael Joseph McCord To permit a reduction of open space dimension. Subject property is located,at 18021 Upperlake, Huntington Beach. This request is a Categorical Exemption Class 5, California Environ- mental Quality Act, 1970. Acting Secretary Lipps informed the Board that the application had been deferred from the July 22nd meeting in order to permit the applicant to be present. -3- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 4 Michael McCord, the applicant, was present. Acting Secretary Lipps opened the public hearing. Mr. McCord stated that he wished to add onto his home, however, the open space requirement was inadequate. His lot was irregular and tha t additions similar to his had been done in his tract. The criteria for hardship was discussed. Acting Secretary Lipps pointed out that the entire tract was made up of sub -standard lots and use variance was approved some years ago whereby every lot in the tract was granted sub -standard frontage, depth and width. In his opinion, the application was not a unique situation. Discussion was held by the Board as to whether the applicant met the criteria for hardship. Acting Secretary Lipps closed the public hearing, there being no- one further to speak on the matter. ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-50 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: REASONS FOR APPROVAL: The granting of Conditional Exception No. 81-50, permitting a reduction of open space dimension is justifiable because: a) T110 lot shape is irregular; b) The majority of houses in this tract could not add on because of the sub -standard lots. c) There have been no objections from neighboring houses to the proposed addition. FINDINGS: 1. The ctrantinq of: the conditional exception will not con- stitute a grant of a special. privilege onconsistent upon other properties in the vicinity and under identical zone classi f i.cations. 2. B(ICanse ol' spOciZ11 circumstances app.li(7ab.l'+� to the subject property, incluclinq size, shape, topography, location, or surr.outnclings, the strict application of the zoning ordinance Is found to dope: ive the subject property of privileges enjoyed ley 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. L -4- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 5 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 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. June 30, 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 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, Kelly NOES: Lipps ABSENT: None ADMINISTRATIVE REVIEW NO. 81-10 Applicant: Donald Penkoff To permit the construction of a 20,400 sq.ft. industrial building. Subject property is located north/south of Oceanus, near Triton Lane, Lot No. 3. This request is covered under EIR No. 73-16. Joseph Dow was present, representing the application. Acting Secretary Lipps informed the Board that there were three Administrative Reviews on adjoining properties to be considered. lie briefly outlined the application and stated that the proposal was within substantial compliance except for minor details. The elevation; do not reflect building construction; some trash bin locations and recriprocal drive and parking should be addressed, and the nine doors requested be omitted from the plans by the applicant. Fire Chief Kelly addressed the sprinkling system which would be necessary and suggested that the Fire Department be consulted in regard to the fire protection system, prior to issuance of building permits. --5- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 6 ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 81-10 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: A. TO BE COMPLETED PRIOR TO ISSUANCE OP' BUILDING PERMITS: 1. The conceptual plot plan and elevations received July 14, 1981 shall be the approved layout, subject to the modifications described herein: a. An irrevocable reciprocal parking and access agreement between Parcels #3, #4 and #5 shall be filed with the Department of Development Services, approved by the City Attorney as to form and content, and recorded with the County of Orange. b. Pevi.�-;ed hui 1diliq elevations showin(I the precise location and number of overhead door.,;. C. Design fire protection systems to F.D. sppecifications. 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 Adminis- trative file. In its approval <<ct-.ion, the Board of 7.oninq Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - Parking layout; - T,ot area; - T,ot width and lot- depth; - Type of use and its relation to property and improvements in the immediate vicinity; - Past administrati.ve action regarding this property. 2. The followinq plans shall be submitted to the Secretary of the Board: Landscape and irrigation plan complying with Article 979 of the Iiuntington Beach Ordinance Code and Landscaping specifi- cations on file in the Department of Public Works. 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. L -6- 7/29/81 BZA 1 MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 7 Other plans as described herein: Revise plan to show location of trash bin enclosures prior to submitting for plan check. AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-11 Applicant: Donald G. Penkoff To permit construction of a tilt -up industrial/office building on 29,811 square feet. The subject property is located on the north side of Oceanus Avenue - Lot No. 4. This request is covered under EIR No. 73-16. Joseph Dow was present to represent the application. This application was considered together with Administrative Review No. 81-10. ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 81-11 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: A. "TO BE COMPLETED PRTOR TO ISSUANCE OF BUILDING PERMI`i'S: 1. `i'he conceptual plot plan and elevations received July 14, 1981_ shall be the approved layout, subject to the modifications described herein: a. An irrevocable reciprocal parking and access agreement between Parcel.s #3, #4 and #S shall he filed with the Department of Development Services, approved by the City Attorney as to form and content, and recorded with the County of Orange. h. P("" i!-,"d hu i I <1 i II,I 1 ry a t i r>»:; r;h i n•c I hi lo(.,Il icon and ncm1hor of, over-11 ad cic()t'r;. c`• [)c;;i<li) f-ir-c, prol_ect.ion ;ys'trm:; 1() A pi ;Ili del ilirat-ilief said nrcxlif iicati.c>n:; r;ha11 1)r cI)III iLted t r> Illo :;ec"rrl riry ()f t-he ll(-).11'(l. :I f :;iir.h {plan C()utlll i rs 1•1i t h 1,11r nrc�di i i(-(it_ic�ns oiiL'1 inc,d by Lho itcu)rcl, said plain he approved and made a permanent pat-L of: the Admi.ni re- trat.ive file. -7- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981* Page sl III itt. < ppy—(will 1c•1 icon, 11w ko,11*d (If Zollincl Ad jur.tm(-nos consideredthe fol lowi n(3 i. sslws r.r LaO ng to t:he conceptual. plan: 'I'raf f i c c.i rcul a lion and drives; Parki ng layout; Lot area; - Lot width and lot depth; - Type of use ind its relation to property and improvements in the immediate vicinity; - Past administrative action regarding this property. 2. The fo.11owinq plans shall be submitted to the Secretary of the Board: Landscape and irrictation plan complying wi.tli Article 979 of the lluntington Beach Ordinance Code and landscaping specifi- cations on file in the Department of Public Works. 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. Other plans as described herein: Revise plan to show location of trash bin enclosures prior to submitting for plan check. AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-12 Applicant: Donald G. Penkoff To permit construction of a tilt -up industrial/office building of 20,400 sq.ft. Subject property is located on the north side of Oceanus Avenue - Lot No. 3. This request is covered under EIR No. 73-16. Joseph Dow was present to represent the application. This application was considered in conjunction with Administrative Review Nos. 10 and 11. ON MOTION BY LIPPS AND SECOND BY CROSBY, ADMINISTRATIVE REVIEW NO. 12 WAS APPROVED, WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: -8- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 9 CONDITIONS OF APPROVAL: A.. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING'PERMITS: 1. The conceptual blot plan and elevations received July 14, 1981 shall be the Approved layout, subject to the modifications described herein: a. An irrevocable reciprocal parking and access agreement between Parcels #3, #4 and #5 shall be filed with the Department of Development Services, approved by'.the City Attorney as to form and content, and recorded with the County of Orange. h. Povir:r.I hlIi I(IiwI ('IevaI inns .11owi11,1 1 h� 1)1-(-ciSo Ioc,II-ioll Anti nlmlhor of ovc,1'hcact (I(wr:,. c=• DOS iclll f i.1-r 1Wofe(--tion sy:.t-ems l o I'.I). ::11c�C_i f icat,iotis A plan cloy 1 i nea L i.nq said mocl i f icati.onS S A 1 1 he suhm i tLed t-o the Secretary of the Board. 7f such plan complies with the modifications outlined by the Board, said plan shall he Approved and made a permanent part of the Adminis- trative file. In its appi- 1val. action, Hie Bort1_d of Toni nci Act jusl.menLs consideredthe following issues r_elatinq to the conceptual plan: - Traffic circulation and dr_ivcs; - Parkin�l 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. Tho following plans shall, he submitted to the Secretary of the Board: Llndscopo alid irri(f,ltioli plrin complyin(l will) Art.irle 971) elf thr. llunti ncl I mi Ho.-ich (Wd i n.1nc o Code and 1 and::c .111 i 1t<.I speC.i. f i- cations on f i l n in Hie Dopa r. t-men L of., Puh.l i c Works. Rooftop mnch,ln i c,11 oqu i pment_ sc1-eelt.i nci p ,tn. ""lid 111 c111 shall indicate screen inq of' all rooftop inechan i c a 1. e'quipmlent. and shall delineate the type of material proposed to screen said equipment. Other plans as described herein: Revise plan to show location of trash bin enclosures prior to submitting for plan check. -9- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29; 1981 Page 10 AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-45 Applicant: Roy C. Evaristo, Inc. ON MOTION BY KELLY AND SECOND BY LIPPS, ADMINISTRATIVE REVIEW NO.•81-45 WAS CONTINUED TO THE AUGUST 5, 1981 MEETING IN ORDER TO GIVE THE APPLICANT THE OPPORTUNITY OF BEING PRESENT, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 81-42 Applicant: Thomas B. Deutsch To permit an encroachment of three. and one-half feet into the rear yard setback. Subject property is located at 8592 Lorraine. This request is a categorical exemption class 5, California Environ- mental Quality Act, 1970. Tony Lucia, Agent, was present to represent the application. Acting Chairman Crosby introduced the application to the Board. Acting Chairman Crosby opened the public hearing. Tony Lucia informed the Board that he was a real estate broker and had listed the property, at which time the patio cover was pre- existing. He stated that the neighbor on the patio side had no objection to the encroachment. He requested that the Board con- sider approving a variance. Acting Secretary Lipps pointed out that the supports for the patio cover should be set back a minimum of 5 feet and in this instance, they are only 12 feet from property line. He pointed out that the lot was standard and regular in size and should have been built to code. Fire Chief Kelly explained the criteria for hardship, which he did not believe could be met in this instance. Discussion was held on the matter. ON MOTION BY LIPPS AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 81-42 WAS DENIED FOR THE FOLLOWING REASONS AND BY THE FOLLOW- ING VOTE: -10- 7/29/81 BZA- MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 11 REASONS FOR DENIAL: Conditional Exception No. 81-42 was denied by the Board of Zoning Adjustments based upon the following reasons: 1. The lot is a standard sized, regularly shaped rectangular with no unique topographic features. 2. There is no hardship other than that created by the builder of the existing patio cover. 3. Approval of this request would be -a grant of a special privilege inconsistent upon other properties in the vicinity. CONDITIONAL EXCEPTION NO. 81-53 Applicant: Jim Dean Construction To permit a reduction in required open space from 900 square feet to 624 square feet. Subject property is located at 5552 Dollar Drive. This request is a categorical exemption Class 5, California Environ- mental Quality Act, 1970. Yollie Gheridin was present to represent the application, together with Jim Dean. A brief outline of the application was given by the Acting Chairman. The public hearing was opened by Acting.Chairman Crosby. Jim Dean addressed the Board and stated that in his opinion the proposed addition to -the house could only be built on as proposed. -He gave reasons for his opinion. Acting Secretary Lipps pointed out that the dimensions of the plot plan were not accurate, that the property line starts at the side- walk. In his opinion, the proposed plan did not have the required dimension for the room addition. He suggested various alternatives. Fire Chief Kelly stated that he believed that similar requests had been approved by the Board in the past. Jim Dean informed the Board that they did not wish to alter the look of the house in the front. The various alternatives were discussed. There being no one further to speak on the matter, the hearing was closed by Acting Chairman Crosby. ON MOTION BY CROSBY AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-53 WAS APPROVED FOR THE FOLLOWING REASONS AND WITH FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTE: -11- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page. 12 REASON FOR APPROVAL: The granting of Conditional Exception No. 81-53, permitting a reduction in open space from 900 sq. ft. to 624 sq. ft. is justifi- able in order to: 1. Grant parity with similar requests granted previously by the Board; 2. The total square footage of open space meets the ordinance code requirements with the only deficiency being the reduced open space dimension; 3. There is no detriment to the surrounding properties created by the addition to the dwelling. 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 identical zone classifi- cations. 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 gr.antinq of the conditional exception will not adversely affect the General Plan of the City of Iluntington Beach. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS. 1. The conceptual plot plan and elevations received July 8, 1981 shall be the approved layout. -12- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 1;3 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 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, Kelly NOES: Lipps ABSENT: None CONDITIONAL EXCEPTION NO. 81-54 Applicant: Terry Buckley To permit the reduction in required open space from 900 sq. feet to 616 sq. feet. Subject property is located at 17671 Flintstone Lane. This request is a categorical exemption Class.5, California Environ- mental Quality Act, 1970. Terry Buckley, applicant, was present. The application was briefly outlined by Acting Chairman Crosby. The application was briefly outlined by Acting Chairman Crosby. Terry Buckley addressed the Board and stated that since there was a problem with the side entry garage, they were requesting that the addition be added to the rear of the house. Acting Secretary Lipps stated that he believed the problem of re- quired open space was similar to that of the previous applicant. The Board reviewed the maps, calculating the open space requirement. It was established that the house was situated in an older tract where the open space requirement was 900 square feet. There being no one further to speak on the matter, the public hearing was closed by Acting Chairman Crosby. A MOTION WAS MADE BY CROSBY AND SECONDED BY KELLY, TO APPROVE CON- DITIONAL EXCEPTION NO. 81-54 FOR THE FOLLOWING REASONS AND WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: REASON FOR APPROVAL: 1. Conditional Exception NO. 81-54 was approved in order to grant parity with similar requests granted.previously by the Board. 2. The total square footage of open space meets the ordinance code requirements with the only deficiency being the reduced open space dimension. 3. There is no detriment to the.surrounding properties created by the addition to the dwelling. 1- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 14 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 identical zone classifi- cations. 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 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 July 10, 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 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, Kelly NOES: Lipps ASSENT: None CONDITIONAL EXCEPTION NO. 81-55 Applicant: Larry Jepson To permit a reduction in the required open space dimension from twenty five feet to eighteen and one-half feet. Subject property is loacted on the east side of Leafwood Circle at 16772 Leafwood Circle. IL -14- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 15 ' This request is a categorical exeption Class 5, California Environ- mental Quality Act, 1970. Larry Jepson, the applicant was present. Acting Chairman Crosby briefly outlined the application. The public hearing was opened by Acting Chairman Crosby. Discussion was held by the Board on the open space dimension and similar requests which had come before them. There being no one further to speak on the matter, the public hearing was closed by Acting Chairman Crosby. A MOTION WAS MADE BY CROSBY AND SECONDED BY KELLY, TO APPROVE CONDITIONAL EXCEPTION NO. 81-55 FOR REASONS AND WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: REASON FOR APPROVAL: The granting of Conditional Exception No. 81-55, permitting a reduction in the required open space dimension from twenty-five feet to eighteen feet is justifiable in order to: 1. Grant parity with similar requests granted previously by the Board; 2. The total square footage of open space meets the ordinance code requirements with the only deficiency being the reduced. open space dimension; 3. There is no detriment to the surrounding properties'created by the addition. FINDINGS: 1. The grantinq of the conditional exception will not constitute, .a chant of a special }privilege inconsistent upon other properties in the vicinity and under identical zone classifi- cations. 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. -15- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 16 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 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 July 13,1981 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 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, Kelly NOES: Lipps ABSENT: None TENTATIVE PARCEL MAP NO. 81-572 Applicant: Mola Development Corporation To permit a six parcel division of land for construction purposes with a 7th parcel for common access area. Subject property is located on the southwest corner of Beach Boulevard and Warner Ave. This request is to be covered by an Environmental Impact Report which is being prepared. ON MOTION BY CROSBY AND SECOND BY LIPPS, TENTATIVE PARCEL MAP NO. 81-572 WAS REFERRED TO THE PLANNING COMMISSION TO BE HEARD AT THEIR 9/1/81 MEETING, BY THE FOLLOWING VOTE: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None 1 -16- 7/29/81 BZA MINUTES: H.B. BOARD OF ZONING ADJUSTMENTS July 29, 1981 Page 17 CONDITIONAL EXCEPTION NO. 81-3 (UP 81-1) Applicant: Ron Montgomery To permit the expansion of an existing building -materials supply yard storage area. Subject property is located on the southside of Warner Avenue, 660 feet from Gothard Street. This request is a categorical exemption Class 3, California Environmental Quality Act, 1970. Ron Montgomery, representing the applicant, was present. Discussion was held by the Board in regard to the proposed change to the proposed parking lot, to which Mr. Montgomery responded. A MOTION WAS MADE BY LIPPS AND SECOND BY KELLY, TO APPROVE THE REVISED PARKING LAYOUT ON MAP DATED JULY 28, 1981, AS FOLLOWS: AYES: Lipps, Crosby, Kelly NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 81-56 Applicant: James R. Johnson To permit additional square footage for display use (42,055 square feet). Subject property is located on the north side of Oceanus, approximately 200 feet from Triton (5221 Oceanus). This request is covered by Environmental Impact Report No. 73-16. Acting Secretary Lipps outlined the application. He believed the only difficulty might be in regard to parking but added that it seemed to be working out well. Fire Chief Kelly referred to the sprinkling system and it was sug- gested that the applicant contact Bill Cooper of the Fire Department in regard to the underground sprinkling system. MISCELLANEOUS: The Board discussed the continual problems with setbacks which have been the subject of conditional exception applications. There being no further business, the meeting was adjourned. O)a 4 %7C . Walt Lipps, Acting Se r tary -17- 7/29/81 BZA