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