HomeMy WebLinkAbout1981-09-16I
L_J
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-8, Civic Center
2000 Main Street
Huntington Beach, CA
WEDNESDAY, SEPTEMBER 16, 1981 - 1:15 P.M.
BOARD MEMBERS PRESENT: Spencer, Tindall, Kelly
STAFF PRESENT: Trupelli
MINUTES: ON MOTION BY KELLY AND SECOND.BY TINDALL, THE
MINUTES OF THE REGULAR MEETINGS OF AUGUST 5 AND 12,
1981 WERE APPROVED BY THE FOLLOWING VOTE:
AYES:
Tindall, Kelly
NOES:
None
ABSENT:
None
ABSTAIN:
Spencer
AGENDA ITEMS TO BE CONTINUED:
CONDITIONAL EXCEPTION NO. 81-49
Applicant: Kenneth Reynolds
To permit (1) Room addition to encroach five (5) ft. into rear yard
setback. (2) Garage addition to encroach fourteen (14) ft. into front
yard -setback and; (3) A five•,(5) ft. high wall to encroach into front
yard setback located at 9421 Leilani Drive, Huntington Beach.
The public hearing was opened by Secretary Spencer stating that the
applicant requested consideration for further continuance to allow
time to obtain input and -to prepare plans depicting the proposed
changes.
A MOrPION WAS MADE BY SECRETARY SPENCER TO CONTINUE CONDITIONAL
EXCEPTION NO. 81-49 UNTIL SEPTEMBER 23, 1981, BY THE FOLLOWING VOTE:.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
REGULAR AGENDA ITEMS:
ADMINISTRATIVE REVIEW NO.' ;81-41 (IN CONJUNCTION WITH C.E. NO. 81-64)
Applicant: Western Athletic Clubs
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Two
To permit conversion of an existing athletic club building to
a 20,000 square foot office building.
Secretary Spencer stated he had received a letter from the applicant
requesting withdrawal of Administrative Review No. 81-41.
ON MOTION BY SECRETARY SPENCER AND SECOND BY CHAIRMAN TINDALL
ADMINISTRATIVE REVIEW NO. 81-41 WAS WITHDRAWN BY THE FOLLOWING VOTE:
AYES: Spencer, Tindall, Kellv
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-63
Applicant: Steve and Lisa Zar
To.permit a reduction in required open space area of approximately
38 square feet to allow addition to a single-family dwelling.
The public hearing was opened.
Mr. Steve Zar was present to represent the application. The
applicant stated that as the dwelling sits so far back on the
property line it prohibits him from building a room addition without -
some encroachment into the open space area and that without
this room addition a hardship would be created.
There being no other parties present to speak for or against this
application the public hearing was closed.
ON MOTION BY SPENCER AND SECOND BY TINDALL CONDITIONAL EXCEPTION
NO. 81-63 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS
OF APPROVAL, BY THE FOLLOWING VOTE:
REASONS:
1.. The existing dwelling unit is positioned such on the lot that
a reasonable sized room addition would be prohibited without
encroaching into the required open space.
1
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Minutes: H.B. Board of Zonging Adjustments
Wednesday, September 16, 1981
Page Three
REASONS (Con't.)
2. Total open space square footage will be satisfied.
FI11DINGS :
1. The granting of the Conditional Exception will not constitute
j a grant of a special privilege inconsistent upon other properties
in the vicinity and under identical zone classifications.
2. Because of special circumstances applicable on the location
of the subject property, 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:
The conceptual plot plan and elevations received August 25, 1981,
shall be the approved layout.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-70
Applicant: Huntington Intercommunity Hospital
To permit the installation of temporary office structures.
-3- BZA 9/16/81
Minutes: H,B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Four
The public hearing was opened.
The Chief Engineer for Huntington Intercommunity Hospital was
present to speak on the application.
Chairman Tindall introduced the application to the Board. Secretary
Spencer gave a brief background on the application stating that a
temporary office trailer was necessary until completion of office
structure.
Fire Representative Kelly stated the area was inspected and that
the proposed location of the trailer and parking layout would not
present a problem as far as the Fire Department was concerned.
It was requested that the trailer be sprinklered.
Chairman Tindall stated he felt concern regarding the original request
of 42 months for this permit. Discussion ensued. All Board members
and the applicant agreed that 24 months or until completion of office
expansion would be adequate for this permit and that, if necessary,
the applicant could reapply to the Board for an extension of time.
Findings and conditions of approval were discussed. Public hearing close
ON MOTION BY KELLY AND SECOND BY SPENCER CONDITIONAL EXCEPTION NO. 81-70 ,
WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
REASON:
1. Temporary office trailer found to be necessary pending facilitation
of proposed office expansion.
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 classifications.
2. The granting of a conditional exception is necessary in order to
preserve the enjoyment of one or more substantial property rights.
3. The granting of a conditional exception will not be materially
detrimental to the public welfare, or injurious to property in
the same zone classifications.
4. The granting of the conditional exception will not adversely
affect the General Plan of the City of Huntington Beach.
CONDITIONS OF APPROVAL:
1. The conceptual plot plan and elevations received September 16,
1981, shall be the approved layout.
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Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Five
2. The following plan 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.
GENERAL CONDITIONS:
1. Temporary office trailer shall be removed at such time permanent
office structures are complete or a maximum of 24 months -
whichever is sooner.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT:None
TENTATIVE PARCEL MAP NO. 81-578 (In conjunction with A.R. No. 81-61)
Applicant: Dennis Hughes
To permit the consolidation of two (2) separate parcels of land
into one (1) parcel, located on the east side of Florida Street
approximately 350 feet south of Main Street.
This project is covered under Negative Declaration No. 81-43.
Chairman Tindall outlined the application to the Board. The Board
found the application to be within Ordinance Code conformance.
Chairman Tindall stated stated that Tentative Parcel -Map No. 81-578
must be recorded prior to occupancy.
Findings and Conditions of Approval were discussed.
ON MOTION BY TINDALL AND SECOND BY SPENCER TENTATIVE PARCEL MAP
NO. 81-578 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS
OF APPROVAL BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed consolidation of two (2) parcels into one (1)
parcel for purposes of professional offices is 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.
-5- BZA 9/.16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Six
3. The property was previously studied for this intensity of land
use at the time the land use designation for Commercial -Office/
Professional allowing for office professional buildings, was
placed on the subject property.
4. The size, depth, frontage, street width and other design and
improvement features of the proposed subdivision are proposed to
be constructed in compliance with standard 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 FOR
ANY PURPOSE:
1. The tentative parcel map received by the Department of
Development Services on August 18, 1981, shall be the
approved layout, as amended to show the blue border of
the map to the centerline on Florida Street.
2. A parcel map shall be filed with and approved by the
Department of Public Works and recorded with the Orange
County Recorder.
3. Florida Street shall be dedicated to City standards.
4. A copy of the recorded parcel map shall be filed with
the Department of Development Services.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
ADMINISTRATIVE, REVIEW NO. 81-61 (In conjunction with TPM No. 81-578)
Applicant: Dennis Hughes/Ruben Salas
To permit construction of a two story, 20,887 square foot office
condominium building.
This project covered under Negative Declaration No. 81-43.
Dennis Hughes was present to represent the application. Secretary
Spencer opened the discussion stating the projected balcony was at
four (4) foot setback and in order to comply with Code would have to
be five (5) foot minimum. He also stipulated that the proposed parking
Was for a commercial -office professional building and definitely could
not be used for medical offices.
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Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Seven
The Board discussed driveway approach width. Chairman Tindall
stated a width of 27 foot must be met to meet Standard Plan.
Mr. Hughes gave a brief outline of building stating there would be
a planter on the floor level with a three (3) foot wall, stucco
exterior,.with stairwells brushed.
The Board reviewed the plans and found same to be within Ordinance
Code conformance.
ON MOTION BY SPENCER AND SECOND BY KELLY ADMINISTRATIVE REVIEW
NO. 81-61 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWINr.
VOTE:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The revised conceptual plot plan and elevations received
August 3, 1981, shall be the approved layout, subject
to the modification described herein:
a. The driveway approach width shall be a minimum width
of 27 ft. per Standard Plan 212 (a) and (b).
A plan delineating 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;
- ParkincT layout;
- Lot area;
— loot width and lot depth;
- Type of use and its rotation to property and i.mprovoments in t110
immed.iato vicinity;
- Past ac?min'istrative action reyardinq 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 lands-
caping specifications on file in the Department of
Puhlic Works.
(h) 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.
-7- BZA 9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Eight
I3. GFNEIRAL CONDITIONS:
1. Proposed uses are limited to non -medical uses only.
2. 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.
3. If liqhting 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.
4. 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.
70,"FPS: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
TENTATIVE PARCEL MAP NO. 81-573
Applicant: Raab Engineering, Inc.
To clarify and re -locate existing lot lines for three (3) existing
parcels on the southwest corner of Layayette and Pomona Lane.
ON MOTION BY SPENCER AND SECOND BY KELLY TENTATIVE PARCEL MAP
NO. 81-573 WAS REFERRED TO THE PLANNING COMMISSION, TO BE HEARD ON
10/6/81 IN CONJUNCTION WITH C.E. NO. 81-013.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
TENTATIVF PARCEL MAP NO. 81-576
Applicant: Signal Development Company
To permit condominium units located at 19900 Beach Boulevard, east
side, 300 ft. north of Adams Avenue - Parcel #9, TPM 79-572.
Chairman Tindall introduced the application. Don Lungren - Civil*
Engineer was in attendance representing Signal Development Company.
Secretary Spencer discussed the recording of the CC&R's for the
total development of this project and stated that the application
was within substantial ordinance code conformance.
1
N
BZA
9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Nine
ON MOTION BY TINDALL AND SECOND BY SPENCER TENTATIVE PARCEL MAP
NO. 81-576 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS
OF APPROVAL BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed creation of condominium units for purposes
of office/professional uses is 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 General Commercial,
allowing for professional office buildings, was placed on the
subject property.
4. The size, depth, frontage, street width and other design and
improvement features of the proposed subdivision are proposed to
be constructed in compliance with standard 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:
1. The tentative parcel map received by the Department of Develop-
ment Services on August 17, 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.
4. The CC&R's for this project to be approved by the City and
recorded prior to or concurrently with the recordation of the
parcel. map. These CC&R's should be incorporated into the
previous CC&R's for the total development.
AYES: Tindall, Kelly, Spencer
NOES: None
ABSENT: None
-9- BZA 19/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Ten
CONDITIONAL EXCEPTION NO. 81-65
Applicant: Marshall L. Herrera, Jr.
To permit reduction in minimum open space area and minimum open
space dimension.
Chairman Tindall opened the public hearing.
Secretary Spencer outlined the required open space and open space
dimensions required by the code. He stated that this application
was a major deviation from the homes in Mr. Herrera's area. Code
requirements now in effect were stated.
It was mentioned by Secretary Spencer to Mr. Herrera that these
types of conditional exceptions are not being granted where an
applicant has a standard lot and the applicant has other alternatives
such as a second story. It was mentioned that the other homes
in his area line up in a row.
The Board mentioned to Mr. Herrera that they are sympathetic with
what the applicant is trying to do but asked that he stay within
the confines of the law. Mr. Herrera and the Board were in favor
of a continuance of C. E. No. 81-65 until September 30, 1981, for
consideration of other alternatives. Mr. Herrera's neighbor was
in attendance and had no objection to Mr. Herrera's request.
The public hearing was closed.
ON MOTION BY TI.NDALL AND SECOND BY SPENCER CONDITIONAL EXCEPTION
NO. 81-65 WAS CONTINUED UNTIL SEPTEMBER 30, 1981.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
CONDITIONAL EXCEPTION NO. 81-67
Applicant: John O'Callaghan
To permit an enclosed patio to encroach into the minimum open space
area.
The public hearing was opened.
The Board reviewed the plan, finding that the minimal encroachment
in open space dimension was only a minor variation from code
regulations,•and would cause no additional impact in the area.
There being no other parties present to speak against this application
the public hearing was closed subject to the following Findings,
and Conditions of Approval.
-10- BZA 9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday; September 16, 1981
Page Eleven
REASONS:
Conditional Exception No. 81-67 was conditionally approved as:
1. Open space is adequate meeting standards of the code.
2. Minimal encroachment in open space dimensions.
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 classifications.
2. -Because of special circumstances applicable on the location
of the subject property, 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.
CONDIT1014S OF APPROVAL:
The conceptual plot plan and elevations received August 31, 1981,
shall be the approved layout.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 81770 (In conjunction with C.E. #81-64)
Applicant: 'Jerwel Enterprises
To permit conversion of an_existing athletic club building to a
20,000 square'foot office -building,
-11- BZA 9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page Twelve
Chairman Tindall outlined the application. Secretary Spencer
stated that this request is an identical request to the with-
drawn A.R. No. 81-41.
Jerry Klein, property owner in attendance, stated that the athletic
club had not been doing financially well and that he felt it
necessary to convert the existing club building into an office
building. He mentioned that he will keep a couple of racquetball
courts, spa and sauna for use by his tenants and for entertainment
of his tenants clients.
Administrative.Review No. 81-70 was approved subject to receipt
and approval of site,and floor plans which are to be submitted to
the Secretary of the Board.
ON MOTION BY SPENCER AND SECOND BY KELLY A.R. NO. 81-70 WAS APPROVED
BY THE FOLLOWING CONDITIONS OF APPROVAL AND VOTE:
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS:
1. The conceptual plot plan and elevations received
September 16, 1981, shall be the approved layout, subject
to the modifications described herein:
a. A preliminary conversion plan and building floor plan
shall be submitted to the Secretary of the Board.
b. The conversion project shall conform to all building
and fire safety codes..
A plan delineating said modifications shall be submitted to
the Secretary of the Board. If such plans comply 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.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
-12- BZA 9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page 13
CONDITIONAL EXCEPTION NO. 81-64 (In conjunction with A.R. No. 81-70)
Applicant: Jerwel Enterprises
To permit a reduction of approximately 13 parking spaces for a
20,000 square foot office building.
The public hearing was opened.
Jerry Klein, property owner, was present to represent the application.
Mr. Klein stated that at numerous times he had checked the parking
situation at peak hours and at no time had he found the parking
area more than 40 percent full.
After a lengthy discussion it was felt that restriping of the
parking area in one year was not necessary to accommodate compact
parking. The Board agreed that this reduction in parking spaces
would -not constitute a substantial change.
The public hearing was closed.
ON MOTION BY TINDALL AND SECOND BY KELLY CONDITIONAL EXCEPTION
NO. 81-64 WAS APPROVED BY THE BOARD MEMBERS IN ACCORDANCE WITH
THE FOLLOWING FINDINGS AND VOTES:
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 classifications.
2. Because of special circumstances applicable to the.use of
subject property, the strict application of the zoning
ordinance is found to deprive the subject property of privleges
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.
AYES: Spencer, Tindall, Kelly
NOES: None
ABSENT: None
-13- BZA 9/16/81
Minutes: H.B. Board of Zoning Adjustments
Wednesday, September 16, 1981
Page 14
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
Charles P. Spencer, Secretary
Board of Zoning Adjustments
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