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HomeMy WebLinkAbout1981-12-02MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8, Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, DECEMBER 2, 1981 - 1:15 P.M. BOARD MEMBERS: Palin, Tindall, Kelly, Smith, Vogelsang STAFF PRESENT: Truppelli MINUTES: ON MOTION BY PALIN AND SECOND BY TINDALL, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 18, 1981, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Palin, Tindall, Kelly, Smith, Vogelsang NOES: None ABSTAIN: None ABSENT: None AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 81-584 Applicant: Pace Engineering, Inc. To permit conversion of an existing medical complex into condominium units, located at 8041 Newman Avenue, zoned as C-4 Highway Commercial. Chairman Tindall introduced application. Charlotte Lafazia was present to represent the application, and acknowledged receipt of Conditions of Approval. After questioning the applicant, the Board felt that before they could endorse a conversion on subject property a plot plan of building assuring Code compliance was necessary, specifically showing number of units, which units are assigned and proposed use of remaining units, square footage of building, location of trash containers, etc. Also required is a complete parking layout showing allocated parking as well as common area. Secretary Palin mentioned that since original entitlement, approved by the Board of Zoning Adjustments on November 16, 1966, in conjunction with Area Variance No. 66-82, since such time the Code requirements have changed. The applicant was advised details must be reviewed Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Two before the Board can take action on the proposed project. ON MOTION BY TINDALL AND SECOND BY PALIN, TENTATIVE PARCEL MAP NO. 81-584 WAS CONTINUED TWO (2) WEEKS, TO THE MEETING OF DECEMBER 16, 1981, BY THE FOLLOWING VOTES: AYES: Palin, Tindall, Kelly, Smith, Vogelsang NOES: None ABSTAIN: None REGULAR AGENDA ITEMS TENTATIVE PARCEL MAP NO. 81-585 Applicant: Hugh Seeds To permit Office Condominiums located on Edinger Avenue - 235.5 ft. west of Bolsa Chica, zoned C-2 - Community Business District. The Chairman informed the Board that this request is a Categorical Exemption, Class. 15, California Environmental Quality Act, 1970. Mr. Seeds was present at the meeting stating he had received and concurred with the Conditions of Approval. Secretary Palin stated that a review of prior entitlement of Administrative Review No. 81-71 revealed that proposed facility on property in question does not accommodate all the parking as required by the Ordinance Code with reciprocal easements over and across for parking - both ingressing and egressing. It appears that a portion of parking is provided on adjacent propert. i Mr. Seeds addressed the Board saying parking rights would go to the Association and that his attorney claimed this would not be a problem. He stated the office condominium units would be sold only with "free parking and maintenance on common gound". There will be no assigned parking spaces because of reciprocal parking with shopping center. Parking arrangement to be governed by CC&R's when drafted. The Corporation is a non-profit legal entity. ON MOTION BY PALIN AND SECOND BY TINDALL, TENTATIVE PARCEL MAP NO. 81-585 WAS APPROVED SUBJECT TO FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: FINDINGS: 1, The proposed office Condominiums are in compliance with the size and shape of property necessary for that type of develop- ment. -2- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Three 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 Community Business District 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 specifi- cations 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 November 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. Prior to recordation of a parcel map, a copy of the drafted CC&R's shall be submitted to Development Services for review and submission to the Attorney's Office as to legal form. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. 5. The CC&R's to be recorded prior to the recordation of the final parcel map. 6. A copy of the condominium map to be submitted to Development Services Department for review to assure conformance with the approved site plan for Administrative Review No. 81-71 prior to recordation of map. A copy of the final recorded condo- minium map and CC&R's to be submitted to the Development Services Department. 7. All conditions imposed on Administrative Review No. 81-71 shall apply to Tentative Parcel Map No. 81-585. 8. Driveway on the west side of development, prior to occupancy of building, shall be modified to Public Works requirements. -3- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Four AYES: Palin, Tindall, Kelly, Smith, Vogelsang NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO, 81-,85 Applicant: Robert Damico To permit a patio cover (boat port) located at 0" and 3' side yard, located at 20121 Port Circle, zoned R1. This request is a categorical exemption, Class. 5, California Environmental Quality Act, 1970. The Chairman opened the public hearing. Secretary Palin outlined the application and stated that Code requires a five (5) foot setback for this type of structure. Mention was made that a complaint had been filed, wherein land use was investigated, creating necessity of this application to come before the Board of Zoning Adjustments. Mr. Damico was present and spoke on his application. He stated the structure had been built four (4) years ago. His carpenter built this structure with no knowledge of property line. Claims he was unaware of Code setback requirements. Ms. Brown, owner of adjacent property, was in attendance. She said the patio cover for boat port which encroaches over common fence allows water to drain into her yard, is a fire hazard, and creates an adverse affect should she desire to sell her residence. The public hearing was closed. Services of our Building Department were offered to Mr. Damico to revise site plan. ON MOTION BY PALIN, AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 81-85 WAS DENIED FOR THE FOLLOWING REASON, WITH VOTES AS FOLLOWS: REASON FOR DENIAL: Based upon the design, as structure can be legally placed on property in compliance with the zoning provisions, insufficient hardship has been shown. AYES: Palin, Tindall, Smith, Vogelsang, Kelly NOES: None ABSTAIN: None -4- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1181 Page Five ADMINISTRATIVE REVIEW NO. 81-77 Applicant: Chevron U.S.A., Inc. To permit a 160 square foot storage room addition located at 18501 S. Beach Blvd. (Service Station No. 8474), presently zoned C-2. This request is covered by categorical exemption, Class. 1, California Environmental Quality Act, 1970. Secretary Palin outlined proposal. He stated that in 1979 a request (Administrative Review No. 79-23) was granted to construct a storage addition in rear of existing building. They now wish to expand out another 160 square feet and create a new walkway into storage area. The plan submitted indicates the new addition to be constructed of sheet metal which is legal on existing addition but with proposed addition being close to property line, in order to comply with Building Code stucco would have to be used in place of sheet metal. The applicant agreed with Board that existing addition should be upgraded to stucco to match new addition as well as existing building. ON MOTION BY PALIN AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 81-77 WAS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTES: CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The conceptual site plan received December 2, 1981, shall be the approved layout, subject to the modifications described herein: a. Materials for the proposed 160 square foot storage room addition to be of stucco finish to match existing building. The adjacent storage area shall be up -graded and stuccoed to match new addition as well as existing building. b. A revised detail plan shall be submitted to the Secretary of the Board for approval prior to issuance of building permits. 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. -5- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Six In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual site 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: Palin, Tindall, Smith, Kelly, Vogelsang NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 81-86 Applicant: Harry Pellman To permit existing garage to have direct entry setback of 20 feet in lieu of 22 feet, located at 16691 Greenview Lane, zoned R1. The Chairman informed the Board that this request is a Categorical Exemption, Class. 5, California Environmental Quality Act, 1970. The public hearing was opened with Harry Pellman present to speak on application. Secretary Palin informed all concerned that present day front set- back is at 22 feet from property line but that when Tract #4232 was originally recorded we then had as a zoning provision a 20 foot setback. With applicant's front face of garage at 20 feet, he wishes to change apron and take direct entry into garage for which this variance requires approval. The public hearing was closed. As other homes in Mr. Pellman's area have the same 20 foot setback for direct front entry into garage, the Board unanimously approved this request keeping applicant's home in conformance with others in his neighborhood. Applicant was advised on necessary permits to be obtained through the City to replace curb, meter, etc. ON MOTION BY TINDALL AND SECOND BY PALIN, CONDITIONAL EXCEPTION NO. 81-86 WAS APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL, AND VOTES AS FOLLOWS: 1 -6- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Seven FINDINGS AND REASON: 1. The proposal is consistent with other homes in subdivision. At the time subdivision was built, the setback for direct entry into garage was at twenty (20) feet. 2. The granting of a conditional exception will not be materially detrimental to other 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. CONDITION OF APPROVAL: The site plan received November 24, 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: Palin, Tindall, Smith, Kelly, Vogelsang NOES: None ABSTAIN: None USE PERMIT NO. 81-43 Applicant: Dean Jakob To permit auto repair. Location at 18101 Redondo Circle - No. 'Q', zoned Ml-A Restricted Manufacturing District. The Chairman informed the Board that this request is a Categorical Exemption, Class. 3, California Environmental Quality Act, 1970. The public hearing was opened with applicant, Dean Jakob, in attendance. Secretary Palin stated that this type of business is compatible with adjacent businesses in complex and that buildings within an Ml-A district are not designed for outside storage. Further, the applicant was cautioned that the Conditions were strictly enforced regarding storage of equipment outside. Mr. Jakob replied that his particular type of auto repair was done on small, very expensive, cars requiring inside storage. -7- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Eight Mr. Jakob mentioned that he has two (2) assigned parking spaces in front of his suite and that at the end of the building there are two (2) extra spaces open to all. The public hearing was closed. ON MOTION BY PALIN AND SECOND BY VOGELSANG, USE PERMIT NO. 81-43 WAS APPROVED SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL AS FOLLOWS, BY THE FOLLOWING VOTES: FTMnTMaq • 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 plan received November 16, 1981, which demonstrates suite and location in building of the proposed use 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 or repair of vehicles, parts or equipment. 2. Repair and maintenance work shall be conducted wholly within building. -8- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Nine 3. A six (6) month review shall be conducted to verify compliance with these conditions. 4. Applicant shall meet all applicable local, state and federal fire codes, ordinances and standards. AYES: Palin, Tindall, Kelly, Vogelsang, Smith NOES: None ABSTAIN: None USE PERMIT NO. 81-42 Applicant: Albert Krueger To permit interior's in classic cars. To be located at 21544 Newland - zoned M1-A Restricted Manufacturing District. The Chairman informed the Board that this request is a Categorical Exemption, Class. 1, California Environmental Quality Act, 1970. The public hearing was opened with applicant, Albert Krueger, in attendance. Secretary Palin informed the applicant that no outside storage of vehicles, parts, etc, would be allowed. All activity is confined inside the building. Mr. Krueger addressed the Board stating he works on show cars, specifically in leather work. A maximum of two (2) cars would be worked on at the same time taking one (1) or two (2) months for restoration. Fire Representative Kelly questioned the applicant regarding flammable materials. It was determined the air compressor would require a permit. The public hearing was closed. ON MOTION BY PALIN AND SECOND BY VOGELSANG, USE PERMIT NO. 81-42 WAS GRANTED APPROVAL WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL APPLICABLEr BY THE FOLLOWING VOTES: 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. -9- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Ten 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 received November 13, 1981, shall be the approved layout, supplemented by diagram prepared by Development Services incorporated into 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. B. GENERAL CONDITIONS: 1. There shall be no outside storage or repair of vehicles, parts or equipment. 2. Repair and restoration work shall be conducted wholly within the building. 3. A six (6) month review shall be conducted to verify compliance with these conditions. 4. Applicant shall meet all applicable local, state and federal fire codes, ordinances and standards. AYES: Palin, Tindall, Kelly, Vogelsang, Smith NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO, 81-587 Applicant: Hartge Engineering Corporation To permit consolidation of two (2) parcels into one (1) parcel. Property located at 17601 Morgan Lane, zoned Ml, light industrial district. -10- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Eleven Chairman Tindall informed the Board that this request is a Categorical Exemption, Class. 15, California Environmental Quality Act, 1970. Secretary Palin informed the Board that subject property was previously approved for a mini -warehouse project. Mr. Hartge acknowledged receipt of Conditions of Approval. He addressed the Board saying that George Lamb would maintain owner- ship of subject property. Original proposal was for a two-story building which has now been changed to three -stories of which plans for same are presently being revised which will alleviate problem with original site plan covering five (5) foot setback required for storm drain. Discussion ensued covering Conditions of Approval with emphasis placed on recordation of reciprocal access agreement, and easement for existing City storm drain. ON MOTION BY TINDALL AND SECOND BY PALIN, TENTATIVE PARCEL MAP NO. 81-587 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL IMPOSED, BY THE FOLLOWING VOTES: FINDINGS: 1. The proposed consolidation of two (2) 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. 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, allowing the construction of 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 specifi- cations 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: -11- BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 PagF Twelve 1. The tentative parcel map received by the Department of Development Services on November 23, 1981, shall be the approved layout. 2. A site plan shall be submitted to the Secretary of the Board for approval reflecting storm drain requirements. 3. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder prior to issuance of a Certificate of Occupancy for the building. 4. Speer Avenue shall be dedicated and improved including reasonable offsite improvements to City standards. 5. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed (if such systems exist within 200 feet of said parcel). 6. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed (if such systems exist within 200 feet of said parcel). 7. All utilities shall be installed underground at the time said parcel is developed. 8. Compliance with all applicable City Ordinances. 9. The flood control channel shall be fenced to Flood Control District standards and City standards at the time said parcel is developed. 10. The property shall participate in the local drainage assessment district at the time said parcel is developed. (Contact the Department of Public Works for additional information.) 11. A copy of the recorded parcel map shall be filed with the Department of Development Services. 12. The Conditions of Approval for previous entitlement on Administrative Review No. 81-38 and Use Permit No. 79-32 for mini -warehouse will apply to parcel map. 13. A reciprocal access agreement shall be recorded concurrently or prior to the recordation of final parcel map providing access to this property immediately easterly to existing mini -warehouse. --12 - BZA 12/2/81 Minutes: H.B. Board of Zoning Adjustments December 2, 1981 Page Thirteen 14. If easement for existing City storm drain and sanitation facility has not been recorded, that an easement shall be executed by the applicant, immediately adjacent and easterly of subject parcel developed as a mini -warehouse. AYES: Palin, Tindall, Kelly, Vogelsang, Smith NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. and of Zoning Adjustments 1 -13- BZA 12/2/81