HomeMy WebLinkAbout1983-08-24Minutes: H.B. Board of Zoning Adjustments
August 24 1983
Page Five
The applicant was informed that a fire prevention inspection would
be necessary.
The public hearing was closed by Acting Chairman Evans.
ON MOTION BY VOGELSANG AND SECOND BY EVANS, USE PERMIT NO. 83-47 WAS
GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING:
USE PERMIT NO. 83-47
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.
2. The granting of the 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:
1. The conceptual plot plan and elevations received August 9, 1983
shall be the approved layout.
2. Approval is subject to the letter of intent of the Uniform Fire Code
and shall be subject to'a fire prevention inspection.
3'. Exterior walls shall meet the requirements of the Uniform
Building Code.
4. The new addition shall be architecturally compatible with the
existing building.
AYES: Godfrey, Evans, Smith, Vogelsang, Vincent
NOES: None
ABSTAIN: None
TENTATIVE PARCEL MAP NO. 83-571
Applicant: William J. Sullivan
To permit consolidation of small lots and resubdivision into three
(3) parcels. Property located -at 7611 Talbert Avenue (north side of
street).
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Minutes: H.B. Board of -Zoning Adjustments
August 24, 1983
Page Six
Acting Chairman'Evans informed all concerned that this request is
Categorically Exempt, Class. 15, California Environmental Quality
Act, 1970.
Secretary Godfrey stated that Tentative Parcel Map No. 83-571 is to
be heard in conjunction with Conditional Use Permit No. 83-25 by the
Planning Commission,`;which is a_-request,,to-permit interim recreational
vehicle storage.
ON MOTION BY SMITH AND SECOND BY VINCENT, TENTATIVE PARCEL MAP NO.
83-571 WAS REFERRED TO THE PLANNING COMMISSION MEETING-_OF_SEPTEMBER
19, 1983 TO BE HEARD IN CONJUNCTION'WITH CONDITIONAL.USE•.PERMIT NO.
83-25,-BY THE FOLLOWING VOTE:
AYES: Godfrey,- Evans, Smith, -Vogelsang, Vincent ._ -
NOES: None
ABSTAIN: None
REHEARING OF USE -.PERMIT NO: ' 83-W0 = - =
(IN CONJUNCTION WITH CONDITIONAL EXCEPTION -NO. 83-30)-.-
Applicant: Rudi Van Mil
Original request approved July 13 ' 1983.'-' .U'.P. =.-To permit 35, 500
sq. ft. of retail%commercial centerw'�- C.E 'To-permit"encroachment
on site angle of Pad D. For the Board's review - U.P. - Revised
plan submitted -reflecting second -story revisions meeting setback re-
quirements. Property located at 19400 Beach Boulevard.'
Secretary Godfrey reiterated that this project was recently before
the Board with a line'of site problem --on Pad-.A.due-to,.-.the visual,
obstruction which"would-be-imposed on-the,adjacent-_property to the '
north.
Mr. Godfrey- stated' that . the applibant-•has reduced Pad B by 1,200 sq.
ft., from 22,300 sq. ft. to 21,100 sq. ft. and has added a second -
story addition 'to" the building- on )Pad --A.. for a total of 6-, 800 sq-4-ft.
eliminating the=line`of site-problem!and.meeting the -,setback -require-
ments of the-Ordinance`Code.
Rudi Van Mil addressed --the Board and stated that seven (7) additional
compact parking spaces have been provided by sizing down the building
on Pad-B. Mr.' Van Mi-1 informed=the Board that -he -felt the second -
story addition would enhance the image and prestigious look of the
proposed center;- :- -
ON MOTION BY`SMITH-IAND-SECOND BY EVANS, REHEARING OF USE PERMIT NO.
83-40 CONSISTING OF A REVISED SITE PLAN FOR PAD A AND B, WAS GRANTED
WITH THE FOLLOWING -CONDITIONS OF APPROVAL IMPOSED, FOLLOWED BY -VOTE:
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I
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, CA
WEDNESDAY, AUGUST 24, 1983 - 1:30 P.M.
BOARD MEMBERS PRESENT: Evans, Smith, Godfrey, Vogelsang, Vincent
STAFF PRESENT: Lipps, Zelefsky
MINUTES: ON MOTION BY SMITH AND SECOND BY VINCENT,
THE.MINUTES OF THE REGULAR MEETING OF
JULY 27, 1983 WERE APPROVED AS TRANSCRIBED
BY THE FOLLOWING VOTE:
AYES:
_ Godfrey,
NOES:
None
ABSTAIN:
None
ABSENT:
None
REGULAR AGENDA ITEMS:
USE PERMIT NO. 83-45
Applicant: Frank W. Hankins
Evans, Smith, Vogelsang, Vincent
To permit an addition along existing nonconforming yards. Subject
property is located at 313 Baltimore (south side of street).
Acting Chairman Evans introduced the proposal and stated that this
request is Categorically Exempt, Class. 3, California Environmental
Quality Act, 1970.
Secretary Godfrey informed the Board Members that the applicant is
proposing a second -story addition over his existing single-family
residence within his legally,nonconforming front yard area. He
outlined the suggested findings and conditions for approval as rec-
ommended by staff. -
Acting Chairman Evans opened the public hearing.
Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Two
Mr. Hankins introduced himself to the Board. He stated that as the
City of'Huntington Beach is proposing to vacate a portion of Balti-
more Street, and providing the Board grants him the five (5) ft.
setback, eventually he will have a twenty-five (25) ft.,front yard
setback.
There being no-one else present wishing to speak in favor or opposi-
tion of the applicant's request, the public hearing was closed.
ON MOTION BY SMITH AND -SECOND BY VINCENT,-USE PERMIT NO. 83-45 WAS
GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING:
'USE PERMIT NO. 83-45
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. _
2. The granting of -the 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:
1. The conceptual plot -plan and elevations;received July 20, 1983
shall be the approved layout.
2. All dedications required shall be made to the City of Huntington
Beach prior to issuance of building permits.
3. Exterior walls shall meet the requirements of the Uniform
Building Code.
4. The new addition shall be architecturally compatible with the
existing dwelling.. I I
5. Prior to issuance -of building permits, the applicant shall file
either a tentative parcel map or tentative parcel map waiver,
application which shall be recorded prior to final.inspection.
of the new addition. Said application will consolidate Assessor
Parcel No's. 024-260-17 and 024-260-75.
1
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Three
AYES: Godfrey, Evans, Smith, Vogelsang, Vincent
NOES: None
ABSTAIN: None
USE PERMIT NO. 83-46
Applicant: SS. Simon & Jude Catholic Church
To permit an annual Fall Festival, September 30 - 5:00 p.m. - 11:00*p.m.
October 1 - 10:00 a.m. - 11:00 p.m.
October 2 - 11:00 a.m. - 10:00 p.m.
Special event to be held at 20444 Magnolia Street (intersection of
Magnolia and Indianapolis).
Acting Chairman Evans introduced the applicant's request and stated
that the special event is Categorically Exempt, Class. 1, California
Environmental Quality Act, 1970.
Secretary Godfrey outlined conditions applicable for the carnival.
Mr. Gregory Kempton, Chairman for the annual Fall Festival, stated
his concurrence with the conditions as outlined. The use of tents
are not proposed.
ON MOTION.BY VINCENT AND SECOND BY SMITH, USE PERMIT NO. 83-46 WAS
GRANTED WITH CONDITIONS FOR APPROVAL AND VOTE FOLLOWING:
USE PERMIT NO. 83-46
CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF PERMIT:
1. Prior to operation of any equipment used in.conjunction with the amusement rides, the City shall be in receipt -of State
Certification and permits showing inspection with a one (1)
year period, stating that the rides meet all requirements of
the State Industrial Safety Division.
2: A certificate of insurance form shall be -filed in the Admin-
istrative Services Department, in an amount deemed necessary
by the Public Liability Claims Coordinator, along with a Hold
Harmless Agreement -executed by insured, at least_ five (5) days
prior to the event..,
3., All Alcoholic Beverage.Control requirements shall be met.
4. Prior to issuance of,a,permit, a layout and circulation plan
shall be.approved by the.Fire Department: Fire access lanes
shall be maintained.'
5. An on -site inspection -by the Fire Department shall be required
prior to the event.:
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Four
6. Prior to issuance of a permit, appropriate signs (temporary)
for -the direction of traffic and on -site parking shall be
provided by the applicant. Said signs, location, and con-
tent to be as recommended by the Traffic Division of the
Police Department.
7. Use of amplifiers, speakers, musical instruments and playing
of recorded music are to be discontinued as of 10:00 p.m.
each evening.
8. All operations of the festival, including machinery, other
than necessary refrigeration units (if provided) shall be
as follows:
September 30 - 5:00 p.m. - 11:00 p.m.
October 1 - 10:00 a.m. - 11:00 p.m.
October 2 - 11:00 a.m. - 11:00 p.m.
9. If a refrigeration truck is provided, it shall be placed as
far away from residential property as possible to minimize
noise.
10. The applicant shall provide for clean-up of the area each
evening after closing of the event.
AYES: Godfrey, Evans, Smith, Vogelsang, Vincent
NOES: None
ABSTAIN: None
USE PERMIT NO. 83-47
Applicant: Armet, Davis, Newlove, Architects
To permit expansion of a C2 use in a C4 zone. Property located at
16161 Springdale Street (near intersection of Edinger Avenue).
Acting Chairman Evans introduced the applicant's proposal and stated
that this request is Categorically Exempt, Class. 1, California En-
vironmental Quality Act, 1970.
Secretary Godfrey stated that the proposal consists of a small addi-
tion on the north side of the Apple -A -Peel Restaurant.
He informed the Board that this storage addition is an allowable use
within the C-4 District subject to approval of a use permit applica-
tion by the Board of Zoning Adjustments.
The public hearing was opened by Acting Chairman Evans.
Mr. Newlove, AIA for the project, stated that the storage addition
will be integrated into the existing building using slump stone con-
crete blocks with wood veneer trim to match what presently exists.
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Seven
REHEARING OF USE PERMIT NO. 83-40
(IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 83-30)
CONDITIONS OF APPROVAL:
1. The revised partial site plan dated August 22, 1983 shall be
the approved layout, subject to the following:
a. The plot plan and elevation plan shall be subject to re-
view and approval by the Department of Development Ser-
vices prior to issuance of building permits.
b. All applicable conditions originally imposed on Use Per-
mit No. 83-40 (in conjunction with C.E. No. 83-30) shall
apply.
AYES: Godfrey, Evans, Smith, Vogelsang, Vincent
NOES: None
ABSTAIN: None
LOT LINE ADJUSTMENT NO. 83-1
Applicant: City of Huntington Beach
To permit relocation of property line splitting Lot "A" (E) and (W)
so as to add the (N) 31 to Lot 92 and the (S) # to Lot 94 of Tract
4708. Lots 92 and 94 of Tract 4708 are located on Pitcarin Lane
(west side of street):
Acting Chairman Evans introduced the proposal and stated that this
request is Categorically Exempt, Class. 15, California Environmental
Quality Act, 1970.
Secretary Godfrey informed the Board Members that a lot line adjust-
ment between two (2) or more contiguous legal parcels may be permit-
ted pursuant to provisions of the Subdivision Map Act where the land
taken from one (1) parcel is added to a contiguous parcel and where
a greater number of parcels than originally existed is not created.
Acting Chairman Evans stated that this parcel at one time provided
access to Lamb School and is presently under the ownership of the
City. The intent is to split the lot allowing the property to be
attached to residential -property on both sides with purchasing ne-
gotiations presently taking place with the property owners.
It was stated that the City will have to file a plat map in accor-
dance with the applicable -City Ordinance governing same.
ON MOTION BY EVANS AND SECOND BY SMITH, LOT LINE ADJUSTMENT NO. 83-1
WAS APPROVED WITH CONDITIONS FOR APPROVAL FOLLOWING, SUCCEEDED BY
VOTE:
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Eight
LOT LINE ADJUSTMENT NO. 83-1
CONDITIONS OF APPROVAL:
A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING -PERMITS:
1. The conceptual- plot plan received °August -22, 1983 `shall
be the approved'layout. -
B. GENERAL CONDITIONS:
1. Lot Line Adjustment No. 83-1 shall comply with the criteria
as set forth in Section 9811.3 of the Huntington Beach
Ordinance Code. -
AYES: Godfrey, Evans, Smith, Vogelsang, Vincent
NOES: None
ABSTAIN: None
POSSIBLE REVOCATION OF ADMINISTRATIVE'REVIEW"NO. 83-36 AND`"83-40
Applicant: George Arnold
Possible revocation of 'seasonal parking lots. -Locations are lll" and 113 -
15th Street and Lots-7 and '9 on 14th ;Street- (north, side of street) .
The proposal to-, consider• revocation- on °the subject applications was intro-
duced by Secretary Godfrey.
Mr. Lipps, Chief. Land_Use- Enforcement Officer, informed all concerned
that based upon citizen complaints received by Development Services and
police reports, it is -recommended that--Mr:.=Arnold's'entitlements be -revoked
immediately. -He-stated that Mr. Arnold has conducted and continues to
conduct his business illegally and in a manner that generates numerous
complaints necessitating an inordinate=amount,-of,staff- time.-- Further, that
every effort has been made to gain, -compliance from Mr -.'Arnold but to no avail.
Mr. Lipps outlined the following chronological history leading up to today's
hearing:
6/23/83 - P.D. reports George Arnold opening parking lot at 14th Street
and- P.C.H. ,without business- license.
6/29/83 - Application received from George Arnold to operate seasonal
parking lot on parcel,legally,described-as Lots 7 and 8, Block
113, of the H.B. Tract. B.Z.R. approved A.R. No. 83-36.
6/30/83 - Walt Lipps, Chief Land Use Technician, visited Lots 7 and 8,
Block 113 to review conditions of approval and code require-
ments with George Arnold. The lot is not in conformance
(No -surfacing and no rope enclosure).
7/2/83 - P.D. called to Block 114 to settle dispute between citizens
and George Arnold. P.D. reports this is fourth call to this
location 'in three days.
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Nine
7/5/83 - George Arnold complained at City Council meeting re:
police harassment.
7/6/83 - (On or about) Walt Lipps received complaint from operators
of Honey Pot Cafe. Said George Arnold has verbally assault-
ed them, urinates from his truck, sleeps in his truck and
is selling soft drinks on Block 114.
7/7/83 - Police report of George Arnold harassing citizens and
George's attendant got physical with one of citizens.
Officer observed sign next to George's truck stating
firewood for sale $4.00. The truck is on Block 114.
7/8/83
- Walt Lipps visited site (Lots 7 & 8, Block 113) then went
to Block 114 where George and his attendant were. Walt
Lipps read and handed to George a letter (copy attached),
copies of conditions of approval of A.R. #83-36, Sections
9022, 9430, 9730.44, 9730.56, 9760.3 and 9760.16 of the
H.B. Ordinance Code. This was witnessed by a Police
Officer to whom copies were also handed. George became
enraged when Walt Lipps told him he is not permitted to
sell soft drinks or any other products. He also used foul
language when complaining about the P.D. Parking lot not
conforming.
7/11/83
- George Arnold came to Development Services Department to
complain about Walt Lipps.
7/12/83
- (On or about) Walt Lipps received complaint from property
owner of Honey Pot re: George harassing his tenants. Honey
Pot Cafe is located on Block 115.
7/13/83 - George Arnold filed application for another seasonal park-
ing lot on parcels legally described as Lots 11 and 13 of
Block 115 H.B. Tract. The B.Z.A. continued action indefi-
netly until George brings lots into conformance with Ordi-
nance Code. George threatened to shoot Walt Lipps if he
comes to his lot.
7/14/83 - Walt Lipps received complaint from Mr. Cowden, owner of
apartments at 16th Street and Walnut that George is digging
post holes along alley behind his units.
7/15/83 - Business owners of Honey Pot came to Development Services
Department and spoke with Walt Lipps again re: George
Arnold stated he is coming onto Block 115 harassing people;
trying to charge for parking and putting no parking signs
on vacant property. Threatened their son when he'takes
trash out to rear of building. Walt Lipps referred them
to City Administrator's office. Walt Lipps directed to
go to George Arnold's parking lot on Saturday with P.D.
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Ten
7/16/83 - Walt Lipps went to Block 113 with P.D. took photos of
Block 113, 114 and 115.-.-Gave.P.D. list,of.ordinance
Code and -Municipal Code -Sections -George -can be sited
for violating. George's truck still parked on Block
114 with sign on truck advertising parking. Attendant
sitting by.truck. George has put gravel on -Lots 7 and
8 of Block 113 but no enclosure. - He has also placed
gravel on Lots 11, 13, 15, 17, 19 and 21 of Block 115.
7/18/83 - George came to Development -Services Department -and -had
meeting with Director, Deputy; Director and Walt Lipps.
All went to site -afternoon to measure precisely where
George can operate -and -what he must do.to conform to, -
Code.
7/18/83 - Complaint from citizen who lives in apartment near 13th
and P.C.H. re: George Arnold -abuse. Thinks Arnold dam-
aged several cars of tenants who park on vacant lots not
owned or controlled by George. Said he will file petition.
7/20/83 - B.Z.A. approved A.R. No. 83-40 for seasonal parking lot
on Lots ll and-13, Block 115.
7/25/83 - Man called--Walt-Lipps to -complain about George Arnold's
attendant who assaulted.him and who was -subsequently
arrested for this assault.
7/27/83 - Additional letter to George from Walt Lipps regarding con-
- duct of business.
Petition received from 10,citizens-.of .apartment complex
near 13th and,P.C.H. -
Inspection of George's parking lots by Walt Lipps. Still
--does not comply. Lots are partially roped off and gravel-
led but George's enclosure exceeds area- authorized-.
Honey Pot operators came to Developmen.Services Depart-
ment to again complain.- Talked -with Glen Godfrey arid- Walt
Lipps, they--were-asked to submit written, complaint.-_
Man -who was --assaulted came_to,Development Services -Depart-
ment -to talk- with Walt` Lipps.
Mr. Lipps-further stated that George --Arnold has not, as -.of this date,
filed a certificate of ,insurance with -our -Administrative Services Dept.
He has not posted -proper signs indicating that there is -a' -fee: -for parking
which has led to altercations,in-addition to not posting -correct signage
delineating how to ingress/egress the parking lots violating the original
conditions of approval imposed by the -Board. The -other --peripheral proble
have been -created by -Mr. Arnold taking upon himself the -use of
adjacent lots that are not under his approval or control and, as a result
assaults and verbal abuse to ._nearby businesses and citizens have taken
place. It was Mr. Lipp's-contention that the City should revoke Mr.
1
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Minutes: H.B. Board of Zoning Adjustments
August 24, 1983
Page Eleven
Arnold's approvals for the seasonal parking lots and that by not
revoking same is remiss condoning this type of activity at the subject
locations, inviting law suits making the City partly responsible for
liabilities created by George Arnold.
Lt. Young and Sgt. Dahl, of the H.B. Police Department, provided testi-
mony covering complaints received relative to harassment, assaults, etc.
It was stated that the Police Department has responded twenty-two (22)
times to complaints received about Mr. Arnold of which seven (7) required
action within a six -week period of time. Also, that Mr. Arnold has
extracted money from people parking on land not under his jurisdiction.
Lt. Young stated that at the southwest corner of 15th and Walnut Streets
he personally removed City owned signs from a lot Mr. Arnold had posted
for parking. When asked on the weekend if he had approval Mr. Arnold
stated that it was for charitable purposes and that everything was legal.
Lt. Young stated that he physically removed Mr. Arnold from the site as
he refused to leave the premises on his own cognizance.
Dennis Shearn and his wife, operators of the Honey Pot Cafe at 1506
Pacific Coast Highway outlined activities relative to Mr. Arnold's
unsightly truck, intimidating gestures and language. Mr. Shearn questioned
the fact that Mr. Arnold has permission from the actual property owners
to use the lots.
Mr. Arnold addressed the board. He informed the board members that he
has written permission from the property owners to use the properties,
that he placed fifty (50) tons of rock on both parking lots, that he
was not tardy in obtaining business licenses, he picks up trash daily
(much of which is created by customers of the Honey Pot Cafe), has
insurance, and that people have cut and stolen his rope in certain spots
preventing the parking lots from being totally secured. He felt that
the owners of the Honey Pot Cafe and the Police Department have done
nothing but harass him. He cited the example of his rope being stolen
stating that the Police Department, when he tried to file a report, would
not come out to the properties to check the situation out. Mr. Arnold
stated that at the location of 15th and Walnut he never received a dime
from anyone parking at that location. He informed the Board that his
truck is not abandoned as he lives in it. He stated he had received
approval to use clear plastic pipe to block the entrance from Pacific
Coast Highway for the interim period of the seasonal parking lots.
Mr. Arnold flatly denied all charges.
The public hearing was closed by Acting Chairman Evans.
Mr. Lipps readdressed the Board. He stated that since the notice of
hearing was mailed to the adjacent property owners he has not received
further complaints with the exception of the Managers of the Honey Pot
Cafe; however, several calls were received from interested'parties
regarding the hearing. It was Mr. Lipps opinion that complaints would
have continued if the complainants had not been assured there,would,be
a hearing.
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L•1111u 1.c.7: R.U. nuaLU V1 L�Vll Illy tiuJubl.illC 11 l.b
August 24, 1983
Page Twelve
Mr. Lipps said the physical locations and appearances of Mr. Arnold's
lots have not substantially improved. The authorized lots are partiall
roped as well as portions of other lots not authorized by A.R.'s No.
83-36 and 83-40. The lots surfaces are graveled but -they do not
clearly indicate ingress/egress points.
It was the consensus of all of the Board Members that the permits should
be revoked with immediate cessation of the parking lots taking place.
ON MOTION BY SMITH AND SECOND BY VINCENT, ADMINISTRATIVE REVIEWS NO.
83-36 AND 83-40 WERE REVOKED BASED ON TESTIMONY SUBMITTED BY THE CHIEF
LAND USE -ENFORCEMENT OFFICER OF DEVELOPMENT SERVICES, POLICE DEPARTMENT
AND CONCERNED CITIZENS.
AYES: Godfrey, Evans, Vogelsang, Vincent, Smith
NOES: None
ABSTAIN: -None
The appeal process was explained to Mr. Arnold.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
Glen K. Godfrey, Secretar
Board of Zoning Adjustments
js
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