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HomeMy WebLinkAbout1981-10-28MINUTES HUNTINGTON BEACH BOARD OF ZONING -ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, CA J. WEDNESDAY, OCTOBER'28, 1981 - 1:15 P.M. BOARD MEMBERS: Spencer, Tindall, Kelly, Lipps STAFF PRESENT: Truppelli MINUTES: ON MOTION BY KELLY AND SECOND BY TINDALL THE MINUTES OF THE REGULAR MEETING -OF OCTOBER 14, 1981, WERE APPROVED BY THE FOLLOWING VOTE: AYES: Kelly, Tindall NOES: None ABSTAIN: Lipps ABSENT: Spencer REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 81-72 (In conjunction with N.D. No. 81-49) Applicant: Molseed & Rylee To permit construction of a 14,362 square foot medical building at 18672 and 18702 Florida Street. Chairman Tindall informed the Board that Negative Declaration No. 81-49 was prepared for this project pursuant to the provisions of the California Environmental Quality Act, 1970. The public hearing was opened by Chairman Tindall. Mr. L.W. Rylee was present to represent this application along with his Architect, Mr. Wendell Reilly. Mr. Rylee was given a copy of the mitigating measures of which his consent was expressed. The public hearing was closed. 0. Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 ` Page 2 ON MOTION BY TINDALL AND SECOND BY LIPPS, THE BOARD HAVING FOUND THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION NO. 81-49 WITH THE MITIGATING MEASURES IMPOSED THEREIN BECOMING PART OF THE CONDITIONS OF APPROVAL IMPOSED ON ADMINISTRATIVE REVIEW NO. 81-72 BY THE FOLLOWING VOTES: AYES: Tindall, Lipps, Kelly NOES: None ABSTAIN: None ABSENT: Spencer After introduction of Administrative Review No. 81-72 by the Board it was stated by Acting Secretary Lipps that code require- ments for the building were met along with setbacks being consistent with the General Plan with the exception of location of two parking stalls requiring revision. Suggestions were offered to the applicant to correct problem i.e. compact parking, trading landscaping for parking stall, etc. The services of our Plan Check Department were extended. A layout of the proposed building was displayed. It was the feeling of all concerned this new building would enhance our City. A lengthy discussion ensued between the applicant and the Board covering drainage and grading design, handicap parking location, left turn access into property, signage being kept low profile, etc. ON MOTION BY LIPPS AND SECOND BY TINDALL, ADMINISTRATIVE REVIEW NO. 81-72 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL AND VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual plot plan and elevations received October 7, 1981, shall be the approved layout, subject to the modification described herein: a. Revise parking layout to set parking spaces #1 and #76 a minimum of fifteen (15) feet from the front property line or a distance acceptable to the Secretary of the Board. 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 -2- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 3 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 proposed to screen said equipment. B. GENERAL CONDITIONS: 1. In addition to landscape required in Article 979, the applicant shall provide two (2) 24 inch boxes (minimum) trees for each of the existing trees over twelve (12) inches in diameter removed. 2. All mitigating measures in Negative Declaration No. 81-49 shall be included as Conditions of Approval except that No. 3 shall be modified as shown in Condition No. B-1. 3. All efforts should be made to preserve the existing stand of eucalyptus trees on the site. Should removal of trees be necessary, replacement trees shall be planted at a ratio of two (2) trees (minimum 24 inch box) for every one (1) tree removed over twelve (12) inches in diameter. Prior to issuance of building permits, a landscape plan shall be submitted to the Department of Development Services indicating the location, type and size of trees removed, and location and type of replacement trees. 4. 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. 5. If lighting is included in the parking:1 ot, 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. -3- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 4 AYES: Tindall, Lipps, Kelly NOES: None ABSTAIN: None ABSENT: Spencer TENTATIVE PARCEL MAP NO. 81-580 Applicant: M. Petyo & Associates, Inc. To permit the consolidation of two (2) lots into one (1) lot. Subject property is located on Florida Street - east side of street. Chairman Tindall outlined application to the Board. Mr. Petyo was in attendance and indicated he had received and concurred with the Conditions of Approval. Acting Secretary Lipps stated that Tentative Parcel Map No. 81-580 was adopted with the same Conditions of Approval for Administrative Review No. 81-72 and that map must be recorded prior to occupancy. Findings and Conditions of Approval were discussed. ON MOTION BY TINDALL AND SECOND BY LIPPS TENTATIVE PARCEL MAP NO. 81-580 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL BY THE FOLLOWING VOTE: FINDINGS: 1. The proposed creation of medical 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 October 8, 1981, shall be the approved layout. -4- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 5 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: Tindall, Lipps, Kelly NOES: None ABSTAIN: None ABSENT: Spencer CONDITIONAL EXCEPTION NO. 81-80 Applicant: James Duane Walden/Connie L. Hilberg Walden To permit encroachment into required interior side yard setback. The public hearing was opened. The applicant, Mr. Walden, was present along with Bob Falato who had drawn up plans. Chairman Tindall introduced the application to the Board. Acting Secretary Lipps outlined the application stating the plan was not in conformance with Code requirements. It was felt although the yard was nonconforming the design of the building could be improved allowing better circulation with no front, interior or rear yard setbacks if the applicant would consider revising his plan making addition a full two-story residence. He was told variances from the code must be justified. Another problem considered by the Board was improved parking as no compensation on plan was given to this situation. The public hearing was closed. Secretary Lipps expressed the opinion.that when you add to a nonconforming residence all efforts should be made to bring property up to Code and, that in this case, a greater density of nonconformity use, with parking situation, would be nocuous to this neighborhood. The applicant was told that the Board has a great deal of empathy but felt this application was not a reasonable request. The applicant's rights to appeal a denial was explained allowing this request to be heard by the Planning Commission if he so desired. ON MOTION BY TINDALL AND SECOND BY KELLY, CONDITIONAL EXCEPTION NO. 81-80 WAS DENIED FOR THE FOLLOWING REASONS, AND BY THE FOLLOWING VOTES: -5- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 6 REASONS FOR DENIAL: Conditional Exception No. 81-80 was denied by the Board of Zoning Adjustments based upon the following reasons: 1. Hardship is self-imposed as design alternatives are available to bring the proposed addition into conformance with the Ordinance Code. 2. Approval of the request for the encroachment would severely impact safe movement of cars into the property from an arterial thereby becoming materially detrimental to the public welfare. 3. No covered parking exists on the site and none is included in the proposal. This would result in intensifying the nonconformity of the property. AYES: Tindall, Lipps, Kelly NOES: None ABSTAIN: None ABSENT: Spencer USE PERMIT NO. 81-36 Applicant: James Duane Walden/Connie L. Hilberg Walden To permit addition to a structure with non -conforming yards. This request is a categorical exemption, Class. 5, California Environmental Act, 1970. Chairman Tindall opened the public hearing -stating that the Board was unable to formally act on this Use Permit as Conditional Exception No. 81-80 was denied. It was the consensus of the Board to continue Use Permit No. 81-36 for two (2) weeks, until November 12, 1981, without prejudice to application, allowing a reasonable length of time for applicant to revise his plan keeping within substantial conformance of the Code. The public hearing was closed. ON MOTION BY TINDALL AND SECOND BY KELLY, USE PERMIT NO. 81-36 WAS CONTINUED TO NOVEMBER 12, 1981, BY THE FOLLOWING VOTES: AYES: Tindall, Lipps, Kelly NOES: None ABSTAIN: None ABSENT: Spencer -6- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 7 Secretary Spencer arrived at the Meeting relieving Acting Secretary Lipps of his duty. ADMINISTRATIVE REVIEW NO. 81-64 Applicant: Roy C. Bayer Associates To permit the construction of a 40,000 square foot industrial building. Subject property is located on the southwest corner of Bolsa Avenue and Graham Street. Chairman Tindall informed the Board that this project is covered by EIR 73-16, adopted by the Huntington Beach City Council March 18, 1974. He then introduced application. Roy Bayer was in attendance to represent his application. Secretary Spencer reviewed the history of the application. Discussion ensued between applicant and the Board covering one (1) parking space (No. 160) being eliminated and replaced with land- scaping, on -site striping and signage for pedestrian safety and vehicular traffic, access to front of building on Bolsa and Graham, reciprocal drive agreement, trash area locations, the possibility of there being no left turn access into building, etc. AS THIS REQUEST WAS SUBSTANTIALLY WITHIN ORDINANCE CODE COMPLIANCE, ON MOTION BY YELLY AND SECOND BY TINDALL ADMINISTRATIVE REVIEW NO. 81-64 WAS APPROVED WITH THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUIDLING PERMITS: 1. The conceptual plot plan and elevations received October 23, 1981, shall be the approved layout, subject to the modifications described herein: a. Parking Space No. 160 shall be eliminated and replaced with landscaping. b. On -site striping and signage clearly delineating both pedestrian and vehicular traffic. C. Reciprocal access agreement with adjacent (west) property shall be recorded with Orange County Recorder. 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: -7- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday_, October 28, 1981 Page 8 - Traffic circulation and drives; - 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. Graham Street driveway usage shall be subject to the Department of Public Works approval. AYES: Spencer, Tindall, Kelly NOES: None ABSTAIN: None ABSENT: Lipps TENTATIVE PARCEL MAP NO.. 81-579 Applicant: Roy C. Bayer & Associates To permit consolidation of three (3) parcels into one (1) parcel. Location at southwest corner of Graham Street and Bolsa Avenue. Mr. Bayer acknowledged receipt of Conditions of Approval. Tentative Parcel Map No. 81-579 was introduced by Chairman Tindall. The Board found the application to be within Ordinance Code conformance. Findings and Conditions of Approval were discussed. ON MOTION BY SPENCER AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-579 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTES: FINDINGS: 1. The proposed consolidation of three (3) parcels into one (1)� parcel for purposes of industrial development is in compliance with the size and shape of property necessary for that type of development. I -8- BZA 10/28/81 Minutes,*H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 9 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/Industrial 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 spec- ifications 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 October 23, 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: Spencer, Tindall, Kelly NOES: None ABSENT: Lipps ABSTAIN: None ADMINISTRATIVE REVIEW NO. 81-74 Appl.: Harbor Engineers & Constructors To permit a 17,221 square foot Industrial Two -Story Building. Location of building is 15221 Transistor. This application falls within the scope of EIR 73-16. The Board's review of the project determined that the plan. as submitted does not comply with applicable landscaping specifications required by Article 979 of the Huntington Beach Ordinance Code. Plan also shows two (2) doors opening into parking stalls. I -9- BZA 10/28/81 Minutes, H.B. Board of Zoning Adjustments Wednesday, October 28, 1981 Page 10 Joe Dow was present and spoke on application. He stated that the owner/operator was out of town and that this building will be used for the manufacture of sails. Discussion carried on layout of building between the applicant and Board. Mr. Dow asked for one (1) week continuance to November 4, 1981, allowing applicant time to discuss revisions with owner making necessary corrections on landscaping and parking. ON MOTION BY SPENCER AND SECOND BY KELLY, ADMINISTRATIVE REVIEW NO. 81-74 WAS CONTINUED TO NOVEMBER 4, 1981, BY THE FOLLOWING VOTES: AYES: Spencer, Tindall, Kelly NOES: None ABSTAIN: None ABSENT: Lipps ADMINISTRATIVE REVIEW NO. 80-62 Applicant: Fred Ponzio To permit one (1) year extension of Administrative Review No. 80-62 originally approved 10/29/80, covering construction of a 12,980 sq. ft. industrial building, located on south side of System Drive approximately 35 feet from Chemical Lane. Secretary Spencer stated he had received a letter from the applicant.requesting this extension as a result of his being unable to acquire adequate financing. ON MOTION BY SPENCER AND SECOND BY TINDALL, ONE YEAR EXTENSION OF ADMINISTRATIVE REVIEW NO. 81-62 WAS GRANTED WITH ALL PREVIOUS CONDITIONS OF APPROVAL APPLICABLE, BY THE FOLLOWING VOTE: AYES: Spencer, Tindall, Kelly NOES: None ABSTAIN: None ABSENT: -Lipps THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. es P. Sp cer, Secretary Board of Zon' g Adjustments -10- BZA 10/28/81