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Home My WebLink About1982-01-13MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY-,-- JANUARY 13, 1982 - 1:15 P.M. BOARD MEMBERS: Webb, Tindall, Smith, Vogelsang, Kelly STAFF PRESENT:, Cooper MINUTES:' ON MOTION BY WEBB AND SECOND BY KELLY, THE MINUTES OF THE REGULAR MEETING -OF DECEMBER 23, 1981 WERE APPROVED"AS TRANSCRIBED, BY THE FOLLOWING VOTES: AYES: Webb, Tindall, Smith, Vogelsang, Kelly NOES: None, - ABSTAIN: -None- ABSENT: _ None AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 81-584 Applicant: Pace Engineering, Inc. (Continued from 12/2/81) To permit conversion -of -an existing medical complex into medical condominium..units located at 8041 Newman Avenue, Zoned C-4, Highway Commercial District. Chairman Tindall,informed-,the Board that this request is a Categorical -Exemption, Class. 3, California Environmental Quality Act, 1970. Acting Secretary Webb gave a brief presentation covering proposal. She stated that the Board's main concern was the parking ratio of thirty-two-(32) spaces presently provided -in lieu of -eighty- five (85) spaces required by Code for medical use.: Mr. Charles'Novac,--of Pace Engineering, was present to speak on subject application, and acknowledged receipt -and concurrence with.Conditions of•Approval.. Mr. Novac stated that.uniess the City has a specific ordinance regulating,commercial,.industrial or professional condominiums and if -the property is -zoned commercially; and if'no dedication is required as a result of any discretionary action, then there Minutes: H.B. Board of Zoning Adjustments January-13,,1982 Page Two is no need -'for -a Tentative Parcel Map. He mentioned .that the Environmental Management Agency does not have a_specific code relating to same. He said the tax assessor will waive. the requirement of a Tentative Parcel Map by just a letter to segregate tax roles on a condominium but that with many lenders this is a problem. Mr. Novac questioned the fact that eight -five (85) parking spaces were required by -Code for a medical facility. Chairman Tindall advised the applicant that facilities having more than ten thousand (10,000) square feet of gross floor area shall provide one (1) space for each one hundred and thirty (130) square feet of gross floor area per Code. Further, Mr. Novac was informed that the Code only requires one (1) space for each three hundred (300) square feet of gross floor area for office/general office use which coincides with parking ratio presently being used at subject site. Upon further -discussion between the Board and the applicant it was felt that possibly this building's-use,_since_its-conception in 1965/1966, may have been converted from 'office' use to 'medical' use without -'a variance being obtained to change use or that the Code parking requirements may have changed separating office use from medical use. The -Board and applicant felt that this request should be continued for two (2) weeks to allow staff time to pull building permits, etc. and request -the Legal Department's assistance to research the legalities of action for the necessity.of a tentative parcel - map based on -information submitted by Mr.-Novac. ON MOTION BY -SMITH AND SECOND BY-TINDALL, TENTATIVE PARCEL MAP NO. 81-584 WAS CONTINUED TO THE MEETING OF JANUARY 27, 1982, BY THE FOLLOWING VOTES: AYES: Webb, Tindall, Smith, Vogelsang, Kelly NOES; None ABSTAIN:-- None USE PERMIT NO. 81-40 Applicant: - M.E. Biddle To permit storage and wholesale sales of,organic materials to - landscapers, contractors, etc. General Location at 6842 Ellis -Avenue, zoned RA-0-CD, Residential Agricultural District, combined with oil production, civic district. Chairman Tindall -stated that this request is a -Categorical Exemption, Class.'l,,California Environmental Quality Act, 1970. -2- BZA 1/13/82 1 Minutes: H.B. Board of Zoning Adjustments January 13, 1982 Page Three Acting Secretary Webb introduced proposal with Mr. M.E. Biddle, John J. Zitny, Attorney for Mr. Biddle, and Mr. Robert Flynn of Four Seasons Farm.present to speak in behalf of Mr. Biddle's request. Chairman Tindall stated that this particular application appears not to be-an:approved use in a RA zone but is allowed in a M-2 zone subject,to conditional use permit: The public -hearing was opened. Mr. Biddle addressed the Board saying his address is stated as being on Ellis Avenue, however, he is behind Ellis Avenue, behind, Four Seasons Farms, -Inc. on 2-1/2 acres of the Hathaway Lease which has an easement to egress and ingress off Ellis Avenue with no exact. -address for his parcel. Mr. Biddle -outlined his operation stating that -he picks up animal feces mixed with wood chips daily from five (5) horse stables. - approximately ten (10) truckloads per week. He sells it as compost and uses it in his plant mix, super -soil, and mulch. He purchases sand, topsoil -and sawdust for use in his products and sells wholesale and retail. Mr. Zitny stated he has been working on Mr. Biddle's case for approximately 1-1/2 years and that there is still some confusion as to whether --or not subject property is properly zoned for Mr. Biddle's business. Mr. Zitny stated that in 1980 there was some question as.to whether or not he should apply for -a Conditional Use Permit -but a review of the Code made it unclear as to what type of zone this particular type of operation should.be in. At that tine the City Attorney's Office interpreted the Code and allowed him to operate in subject area but unfortunately staff rejected the application causing this Use Permit to come about. Mr. Zitny feels the problem is in establishing the legal interpretation of the Code per Section 9601.4 (a) which reads: "Agricultural uses where animal feces is used in bulk quantities and where packaging of grown products constitutes 25 percent or more of the agricultural activities". Mr. Folger (Attorney for the City of Huntington Beach) expressed -concern that 25 percent of the agricultural activities were not grown on Mr. Biddle's property as clearly stated in the Code. He mentioned that the M-2 zone does allow a fertilizer manufacturer and storage yard subject -to filing and approval of a Conditional Use Permit. Mr. Biddle stated that, if necessary, he will put in a nursery but preferred not to do so. unless it was absolutely necessary allowing for-25-percent of grown material. Mr. Zitny said that a grown product could mean the sawdust which comes from trees which Mr. Biddle buys to mix with his products which comprises more than 25 percent. He felt for'this reason, and as the Board could approve a Use Permit -3- BZA 1/13/82 Minutes; H.B. Board of Zoning Adjustments January 13, 1982 Page Four for a one year period, with yearly extensions available for a four (4) year period, his request to conduct his business for a three (3) year period at subject location should be granted. Chairman Tindall stated that before this Use Permit could be acted on more detailed information from Mr. Biddle relative to his site -layout was necessary. We would also need to know more about the products he is dealing with, access used -by service trucks, review appropriate signs, off -street -parking, etc."as the plan submitted is not adequate. Mr. Biddle informed the Board he did not quite understand what was required of him. It was suggested that he call our Planning staff for an appointment as they will make recommendations and advise him of Code requirements. The public hearing was closed. It was -felt' -by Chairman Tindall that a straw vote should be taken to allow Mr'; Biddle an inclination -only as to the feelings of the Board=Members to alleviate additional'-work-on_Mr.--Biddle!s-part should the Board feel -this Use -Permit should be denied. -'Mr. Biddle was informed -that the approval by the straw vote did not constitute approval of the Use Permit. - The -Board Members were asked "Who wouldvote for -this Use Permit with.appropriate conditions?" AYES:- Tindall, Smith, Vogelsang, Kelly NOES: Webb ABSTAIN: ON MOTION BY,KELLY-AND SECOND -BY VOGELSANG, USE PERMIT NO. 81-40 WAS -CONTINUED -FOR THREE (3)--WEEKS TO THE MEETING OF-FEBRUARY 3, 1982, TO ALLOW APPLICANT TIME TO SUBMIT A_ REVISED PLAN, BY -THE FOLLOWING VOTES: AYES:-- Tindall, NOES: Webb ABSTAIN: None Smith, Vogelsang, Kelly THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 0 mom W lorence Webb, Acting Secretary Board of Zoning Adjustments r 1 -4- BZA 1/13/82