HomeMy WebLinkAbout1982-06-23MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, CA
WEDNESDAY, JUNE 23, 1982 - 1:15 P.M.
BOARD ME14BERS PRESENT: Webb, Cooper, Vogelsang, Crosby, Smith
STAFF MEMBER PRESENT:' Zelefsky
MINUTES• ON MOTION BY VOGELSANG AND SECOND BY
WEBB, THE MINUTES OF THE REGULAR
MEETING OF MAY 26, 1982 WERE APPROVED
AS TRANSCRIBED BY THE FOLLOWING VOTE:
AYES: Webb, Vogelsang, Crosby, Smith
NOES: None
ABSTAIN: Cooper
ABSENT: Kelly
REGULAR AGENDA ITEMS:
TENTATIVE PARCEL MAP NO. 82-562 (Con't. from 6/16/82)
Applicant: Hartge Engineering Corporation
To permit division of a 2.66 acre parcel into two (2) parcels.
One parcel at 1.76 acres and the other at 0.90 acres. Property
is located on Sampson Lane - Parcel No. 2 (West side of street)
zoned M-1 Light Industrial District.
Staff introduced the proposal and stated that the -proposed use is
for Light Industrial Condominiums. This application is categorically
Fxempt, under Class. 15, California Environmental Quality Act, 1970.
Mr.,Joseph Hartge, Civil Engineer, representing Hartge Engineering
Corporation was present to speak in support of his application.
Mr. Hartge, at the meeting of June 16, 1982, stated receipt of and
his concurrence with the Conditions for Approval.
Upon the Board's review of a grading plan submitted by the applicant,
all concerns as outlined to the applicant in the meeting of June 16,
1982, were satisfied (i.e. existing structures shown on both parcels,
curb cuts, location and number of parking spaces (with dimensions)
for each parcel, reciprocal drive relative to both parcels and
landscaping).
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Two
ON MOTION BY SMITH AND SECOND BY CROSBY, TENTATIVE PARCEL MAP
NO. 82-562 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL
AS FOLLOWS, BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed subdivision of one (1) parcel into two (2) parcels
for purposes of Light Industrial Condominiums use are in com-
pliance 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 Light Industrial
Condominium Use, allowing the construction of buildings, was
placed on the 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 conceptual Tentative Parcel Map received June 18,
1982, shall be the approved layout, subject to the following:
a. A parcel map shall be filed with and approved by the
Department of Public Works and recorded with the Orange
County Recorder.
b. A copy of the recorded parcel map shall be filed with
the Department of Development Services.
c. A reciprocal access agreement shall be recorded
concurrently or prior to the recordation of the final
parcel map providing access between both parcels.
d. Compliance with all applicable City Ordinances.
e. Prior to recordation of a parcel map, a copy of the
drafted CC&R's shall be submitted to the Secretary of
the Board for review and approval and submission to
the Attorney's Office as to'legal form.
-2- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Three
f. Prior to recordation of the parcel map, a copy of the
Articles of Incorporation shall be submitted to the
Secretary of the Board for review and approval.
AYES: Webb, Cooper, Vogelsang, Crosby, Smith
NOES: None
ABSTAIN: None
TENTATIVE PARCEL 14AP NO. 82-559
Applicant: Mr.' James E. Neal, General Partner
To permit the consolidation of five (5) existing small lots into
one (1) parcel. Subject property is located on the south side of
Hideout Circle (a private street), approximately 205 feet west of
Green Street.
Staff introduced the proposal and stated that on April 7, 1982, the
applicant, Mr. James Neal, had appeared before the Board of Zoning
Adjustments and was granted a minimal encroachment into the front
yard setback for subject property and that one of the Conditions of
Approval for Conditional Exception No. 82-9 was that a Tentative Parcel
Map was required to be filed prior to issuance of building permits
and recorded prior to issuance of a Certificate of Occupancy in order
to consolidate the lots.
Mr. Neal, General Partner, was present and acknowledged receipt of
and his concurrence with the Conditions for Approval.
Conditions for Approval were discussed with the applicant with
particular emphasis placed on the waterline easement on Hideout
Circle and the hammerhead turnaround located at the west end of
Hideout Circle, as noted in the Conditions of Approval. -
ON MOTION BY CROSBY AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO.
82-559 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL IMPOSED
FOLLOWING, BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed consolidation of five (5) existing small lots
into one (1) parcel for the purpose of Two -Family Residential
Use 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- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982 -
Page Four - -
3. The property -=was -previously -studied for this -intensity of land
use at the time the land use designation for Two --Family Residential
Use was placed on the subject property.__
4. The size, depth, frontage, street' -width -and other design and
improvement features of the proposed consolidation 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 conceptual tentative parcel map received May 5, 1982,
= shall be the approved ' 1-ayoiit; subject --to - the. -following :
a. A parcel map shall -be -filed with -and approved by -the
Department of Public-Works-and_recorded_with;the Orange
County Recorder.
b. A copy of the recorded parcel map shall be filed with
the -Department of Development Services.
c. Compliance with all applicable City Ordinances.
d_ --Water-su_pply 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)"
e . ° The :waterline . easement =on• -Hideout Circle shall be _
-recorded-prior-to--occupancy:" ".
,-- f . --` On. -the . final - parcel -_map , the turnaround at the west
end of Hideout Circle shall be shown meeting Fire
'Department requirements: ;
g.-- Utility easement -dimension, directly -north of Lot-#89,
shall reflect a 1016" dimension on the -.final parcel
-_
h. 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).-
- -"
i. All utilities shall be installed underground at the time
said parcel is developed.
j'. The property shall participate in the local drainage
-4- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Five
assessment district at the time said parcel is developed.
(Contact the Department of Public Works for additional
information.
k. Hideout Circle shall be constructed per adopted'Precise
Plan of Street Alignment No. 80-1 and to Public Works
and Fire Department requirements by the applicant.
AYES: Webb, Cooper, Smith, Vogelsang, Crosby
NOES: None
ABSTAIN: None
CONDITIONAL EXCEPTION NO. 82-34
Applicant: Mr. Donald F. Moore
To permit a reduction in the required open space from 900 square feet
to 820 square feet and allow a reduction in the minimum dimension
from 15 feet to 10 feet. Property located at 18112 Clearwater
Circle.
Board Member Smith announced that as he lives in Mr. Moore's tract
of homes, he should not participate in the hearing of Conditional
Exception No. 82-34 to avoid a possible conflict of interest relative
to subject property.
Mr. Rick Walters was present to speak in favor of this request in
Mr. Moore's absence.
The public hearing was opened by Acting Chairman Cooper.
Mr. Walters addressed the Board and stated that when this particular
tract was developed, City Council approved a variance which allowed
these R-1 lots to be substandard in size in lieu of the minimum
lot size of 6,000 square feet. He further stated that, although
Mr. Moore's home is on a corner, he has less square footage than
most of the other homes in the tract. The proposed addition will
increase the size of the two upstairs bedrooms and the family room
downstairs. Mr. Walters submitted to the Board pictures of other
homes in Mr. Moore's tract wherein similar additions have been made
without the necessity of conditional exceptions due to either the
layout of the home on the property or additional square footage of
their substandard lot.
The public hearing was closed by Acting Chairman Cooper.
Board review of the applicant's plan revealed that the substandard
size of Mr. Moore's lot created his hardship. It was felt by the
Board that this proposed addition will be harmonious and compatible
to the adjacent dwellings in the neighborhood.
-5- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Six
ON MOTION BY;CROSBY AND -SECOND -BY VOGELSANG;-CONDITIONAL EXCEPTION
NO. 82-34 WAS -APPROVED WITH FINDINGS; REASONS,].,ND-CONDITIONS OF
APPROVAL FOLLOWING; BY^THE FOLLOWING'VOTE:
FINDINGS AND -REASONS :
1._' The*Sing:f Family Residences in the applicant's tract were
originally approved by the City Council through a variance
-,,-:to be substandard,in size -and without the reduction of five (5)
'fee -in'- open -space dimensions and/or -reduction of eighty (80)
-- .
-square. -feet--of- open -space,-- a- reasonable-= size rear yard addition
would be_prohibited.
2: As `the' applicant's lot is' smaller in :"size than the `ina'jority
of � lots `in� his 'tract, the strict application of tYie 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 i"s necessary -in order
'to ;_-preserve -tliee enjoymnt of _o one" -r. 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 -ex ception will not adversely
,affect the General.Plan of the City of Huntington Beach.
CONDITIONS
The'conceptua-r'"plot plan and elevations received June 4, 1982,
shall be the. approved layout.__
In its approval ;act ion, the,Board of Zoning Adjustments considered
the following issues"relating to -the conceptual plan:
Lot -area;
Lot width and lot depth;_
Type'of`use-_and its relation to property and. -improvements in the
immediate vicinity;:
Past administrative action regard-ing this -property.
AYES: Webb,.Cooper, Vogelsang, Crosby_
NOES: None
ABSTAIN: -Smith
-6- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Seven
USE PERMIT NO. 82-18 - Request to permit automobile sales in a C4 zone.
IN CONJUNCTION WITH
CONDITIONAL EXCEPTION NO. 82-22 - To permit reduction and/or elimination
of required landscaping.
IN CONJUNCTION WITH
ADMINISTRATIVE REVIEW NO. 82-20 - To permit automobile storage/display.
Applicant: Mr. Charles Diercksmeier
Subject property is located at 17471 Beach Boulevard.
Staff introduced all three proposals with Mr. Charles Diercksmeier,
lessee of the property owned by Double Gemini Corporation, and Mr.
Lewis C. Canfield, potential sub -lessee, present to speak in favor
of these applications.
Acting Chairman Cooper opened the public hearing on Use Permit No. 82-18
and Conditional Exception No, 82-22,heard in conjunction with Admin-
istrative Review No, 82-20.
Mr. Diercksmeier introduced himself to the Board. He stated that in
1981 he sold the property to Double Gemini and that part of the sales
agreement on the subject property was that Mr. Diercksmeier would
lease the property, which has a structure on the site, until such
time as Double Gemini starts development on the property. He said
that he is on a 30-90 day notice to vacate (that if he takes the existing
building on the property with him he will have 90 days to remove the
structure from the property but that should he decide to leave the
building on the.premises,he will have to vacate on a 30 day noticel.
He said he had the building rented to a Real Estate Office who is no
longer in business. Since that time, he has been unable to rent the
building as no one wants to rent on a temporary basis with the possibility
of having to vacate within a 30-day period of time. He further stated
that Mr. Canfield is a car dealer, with other car lots, and has agreed
to rent from Mr. Diercksmeier on a month to month basis.
The public hearings were closed by Acting Chairman Cooper.
After a lengthy discussion between the applicant and the Board, it
was explained to the applicant that although the Board felt empathy
for the lessee and sub -lessee, the Board could not justify the use
of this particular site for auto sales. The size of the lot would
create improper circulation by stacking of used automobiles, on -site.
parking allowed 'for nine used automobiles only, landscaping would have
to be increased from three percent to six percent b f the total site,
and as there were many other alternatives available for use of this
particular property, the Board felt these requests should be denied.
-7- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Eight
ON MOTION BY SMITH AND SECOND BY COOPER, USE PERMIT NO. 82-18
(IN CONJUNCTION --WITH C:E: NO. 82-22 AND-A.R. N0.-182_,�20) WAS DENIED
FOR THE FOLLOWING`REASONS,' BY THE FOLLOWING VOTE:
REASONS FOR DENIAL:
The above application--was-denied--by"the-Board of--Zoning-Adjustments
based upon--Ithe following reasons: --
1. The'-e'stablishment; maintenance -and -operation of the use
will, --be detrimental to the property and improvements in
= the vicinity of such use or building.
_ 2. The granting of a use permit will adversely affect the
"General-'PZan of -the -City of Huntington Beach.
3. The proposal is not consistent with the City's General
--Plan =of -Land Use:
4. :Lot size' -and -parking --requirements for requested use'do not
meet the intent of the Ordinance Code.
AYES: - -Webb -- Smith, Cooper, -"Crosby, Vogelsang-
NOES:'=--" ---None----*_ - -
ABSTAIN: None = = =
ON MOTION BY'SMITH-AND SECOND -BY COOPER, CONDITIONAL EXCEPTION NO.
82-22 AND'ADMINISTRATIVE REVIEW NO. 82-20 JIN CONJUNCTIONI WITH
USF PERMIT M. 82-18) WERE DENIED FOR THE FOLLOWING REASONS, WITH
VOTE -AS +FOLLOWS c _
REASONS `FOR' DENIAL:" - =
The -above applications were -denied by'the-Board of'Zoriing Adjustments
based-upon'the following reasons:'
1. *No hardship -was -demonstrated.
2. -There-are other alternatives available for use of subject
property -(such as, real estate or general office use) which
'wil1 allow the appl-icant,to comply with the Ordinance Code.
3. Lot dize.and parking requirements for requested use do not
meet the intent of the Ordinance Code.
4. Approval would grant a special privilege as no exceptional
.-circumstances were shown, such as, size, -shape or topography
applicable to subject property.
5. The granting of subject requests would adversely affect
the General Plan of the City of Huntington Beach.
-8- BZA 6/23/82
Minutes: H.B. Board of Zoning Adjustments
June 23, 1982
Page Nine
AYES: Webb, Smith, Crosby, Cooper, Vogelsang
NOES: None
ABSTAIN: None
TENTATIVE PARCEL MAP NO. 82-565
Applicant: ColdWe.l.l. Banker (Jim Costanzo)
To permit consolidation of Lots 78 to 85 inclusive of Tract 417.
Property located at 16241 Beach Boulevard.
Staff introduced the proposal and stated that this request is
covered by Negative Declaration No. 82-6.
Jim Costanzo, representing Sun Computers, was present and acknowledged
receipt of and concurrence with the Conditions (ifApproval.
Mention was made that the applicant was fulfilling a Condition of
Approval of Use Permit No. 82-19 which stipulated that a parcel map
was required for subject property. Staff, prior to "today's meeting,
worked with the applicant and, upon the Board's review of the tentative
parcel map (revised) noted that all the requirements as set forth
by the State Piap Act and supplemental City Subdivision Ordinance were met.
ON MOTION BY SMITH AND SECOND BY WEBB, TENTATIVE PARCEL MAP NO.
82-565 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS OF
APPROVAL APPLICABLE, BY THE FOLLOWING VOTE:
FINDINGS:
1. The proposed consolidation of eight (8) small parcels into one
(1) parcel for purpose of Commercial Use is in compliance
with the size and shape of property necessary for that type
of use. '
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 Highway Commercial
Use was placed on the subject property.
4. The size, -depth, frontage, street width and other design and
improvement features of the proposed consolidation are 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.
-9- BZA 6/23/82
V
Mi ' nutes.: H.B. Board of Zoning Adjustments
June 23, 1982
Page Ten:,
CONDITIONS OF, APPROVAL:,-,,
A. The -conceptual tentative parcel map received by the Oepartment
bf-Dev616PffieHt_'Services on June 14, 1982, shall be the approved
,--,,,layout-, s:U bject,to-the-,following:-_�- -
-A--shall be filed with and approved by the
-FDepar"tment of Public parcel,- -map-
Works and recorded with the orange
County Recorder within nin ety -,(90) - days after occupancy.
--,A- copy, of,. the- recorded,, -parcel map shall be filed with
of D&V-616pii-eh t Services.
3. Holt Stieet shall be dedicated to City standards.
4.,-.Compliance--with--allappl-icable City.Ordin-ances_
AYES';;_.-- ,-.Webb#-_Crosby, Smith, Cooper, Vogelsang
NOES* None
ABSTAIN: i None
THERE -BEING. -.NO --,OTHER BUSINESS;'THE: _MEETING WAS --:ADJOURNED:'-_-
Florence=,Webb.-, Acting, -Secretary--,
Board :of Zoning Adjustments
I
11
BZA 6/23/82