Loading...
HomeMy WebLinkAbout1984-08-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 1, 1984 - 1:30 PM BOARD MEMBERS PRESENT: Godfrey, Smith, Evans, Vogelsang, Vincent STAFF PRESENT: Pierce, Poe ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 84-587 Applicant: Charles H. Bollman A request to permit the consolidation of two existing lots into one parcel located at 7151 Garfield Avenue. This request is a Categorical Exemption, Class 15, California Environmental Quality Act, 1970. Susan Pierce reported that the applicant has submitted a letter requesting continuance to a date certain. ON MOTION BY EVANS AND SECOND BY SMITH TENTATIVE PARCEL MAP NO. 84-587 WAS CONTINUED AT THE REQUEST OF THE APPLICANT TO THE MEETING OF OCTOBER 3, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSENT: None ABSTAIN: None MINUTES: By consensus the minutes of the meeting of July 25, 1984 were deferred to the next meeting for review and approval action. REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 84-584 (Cont. from 7-25-84) Applicant: Dr, Richard A.,Graham A request to permit consolidation of three lots into one parcel located at 18582 Main Street. This request is a Categorical Exemption, Class 15, California Environmental Quality Act, 1970. minutes H,B: Board .of- Zoninq Adjustments. -August,.' 1984 Paige '2 ; Susan Pierce -informed :the- Board that 'the applicant, has` submitted ' 'a. letter indicating that he plans 'to install curbs acid .gutters:'in .- Fain Street by.. December, 1984;. this commitment `is necessary .to allow = the .parcel map` to , be ''continued.. 'Also', it will 'be' necessary =for' ,'the applicant' to': amend his letter, -specifically ' reques.tiKg' . that. con 'tinuande. ; Dr. -Graham was present, and, agreed', to, 'r' e' 7vo'rd his,."letter.: '.He :also said'he�Might'be,"ble to have''the street`:improvements finished before %bis .target: date. ON ; MOTION:,°SY E"VANS''AND� • SECOND. BY VINCENT TENTATYVE` PAR $ MAP : • '''...' :NO,,r,84-58.441AS CbMINUED:_TO`THE MEETING'OF DECEMBER'•"19;'-,.1984•: BY THE: FOLLOWING VOTEs` AYES: -Godfrey,'• Smith., -Evans; ,Vogeisarig,' Vinc rit NOES :.° None ,. "ABSENT: on 4 ;. -ABSTA'IN CTSE •PERMIT.,NO;' '8r4-5-3 Applicant: i.Sain;-,,Alto.'Developinent' Com an` ' p y, '�o t : permithe' consErudtion`'of' a: 1�k940 square toot commercial -center on`,,propexty �ocated•at'thee;southwest ;corner of.;Garield:,AV+�nue ;and _ Bushard' ' Street: ; s }This request,"is: ^.00vered� ,by,.'pr:eviousl" ai roveda ND', '83=2'9:' Y PP Susan Pierce. reported :'on 'the„ condition`s,':pI d•'on.~this.. rope�rty, by the' City, Council=' then it 'approyed .. thn' � zone �,change:''which.`alloWi.: the' commercial:. use these' conditions' 'included "a . is foot., strip. r f . sifieid 'landsca in :abuttin o intdii p, g, q: 'the' resi'dentia `, properties, : and, ,the - ;ot ",a": uete `permit',':ta- as$ura';notifi'catio'n" of•:'adjo•'iriing:'iiomec�wrsers ,� .3hepoi'nte�i :Cut,'that the' p3ari 'does`'r'cotaply•,with',C2 standards]:'however" staff . has,, cone'erns: i3 th""the.':parkfng",,;spaces "imz" dia'teik-- adjacent=•;to'' ,: :both:;Garfieldaiid,,Busherdar►d';with',ahe`6-ca. parng . kibay.�,It;18 at:.'Wetter:':`c3�culat'ion•.could'be .obt'airied' if "t'he .elrid'``stall's' were ` elifiinateo :acrid' the' ,parking! °gay' redee ign'8d ;t'b: , accoon�nodata com ;' pact Ca'rs:''•''.Th'is-`'would 'st#11 leave. the ,project; with ''suffici'ert'.'park iri s ' area to. Wiest : •;;� g:. P `code:'' �:' fy' y h T e u b13c 'has' riri' wits Y'`'o ' ezibd" :Jiro.:-Wi.liari►s re ressiit#a 8an';Aito' a8dreesed. P g' ,`Boarll'.in .`.regard aa;'tri'e 'propaeed' ,co diti'on' ke #ria fare. r rikieri s i�`t ettated' t P fig: Y:; ,Hda . T;: hat`' Fire he'ri�hd#cai.ed:ahat four:=hour bu3ldiri ma eiiiaiate ths' ed +� #ri. 9, Y n� far, 'sprnklering, :and' .hs„<tvould, likd'` f,, to,Lava, that;o lion.''im;'Vinodrst`' laid 'that.:Fire`. witti:, `develo'• n �' `,w�itfi' '.rroric`': �..ttib', . ;�• ... pme t.r+on.:th'is�pdii#ti;�;a�i�ywetl•:�i��i..:othex:'.°!i`re,•.:sai�stj�, rd uiruments'= r yJ ,• r 8 YM 4,• +�/Y Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 3 on -the site; he cautioned Mr. Williams, however, that he might still end up being required to install a sprinkler system. It was the consensus that a condition requiring -compliance with all Fire Code requirements would be adequate. Mr. Williams also questioned the 15 foot building height rela- tive to parapet walls. Mrs. Pierce informed him that the zoning code allows up to a four -foot parapet wall for the screening of rooftop equipment. Bill Bushard, resident directly adjacent to the proposed center, spoke to the Board to discuss a problem of --'drainage from the property. He said that dumping of fill dirt on the site over time has resulted in a grade differential of about four feet, sending drainage flow across the neighboring lots. He also said that the fill dirt up against the existing fence is creat- ing a hazard because of the possibility that the fence will be,- undermined and collapse with the weight of the soil. His con- cern with the project is that the property be regraded back to its original elevation to correct these problems. Mr. Williams indicated that there will be some excavation on the site. In response to an inquiry from City Engineer Les Evans, Mr. Williams said that they would probably be submitting grading plans just after the 10-day appeal period is up on this request, and Mr. Evans informed Mr. Bushard that his department would make sure that the drainage problems receives attention. Mr. Bushard also informed the Board that the General Telephone Company had used a powerful soil sterilant on its own property which had followed the drainage pattern and destroyed planting in his and other neighbors' yards. Daryl Smith said that such _ chemicals move very readily in sandy soil and the applicant should be sure to have his soil tested by a qualified lab to make sure that no contaminants remain before installing his planting materials. There were no other persons to speak for or against the pro- posed center, and the public hearing was closed. The Board reviewed the proposed conditions of approval, with Daryl Smith suggesting that quick -growing shrubbery be added to the landscaping strip to fill in and buffer the property from the adjacent residential until the trees reach mature size. ON MOTION BY EVANS AND SECOND BY SMITH USE PERMIT NO. 84-53 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -3- 8-1-84 - BZA Minutes, H,B. Board of Zoning Adjustments August 1, 1984 Page 4 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 conditional 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. A -revised site plan shall be submitted depicting the modifica- tions described below: a. Elimination of the first 900 parking space at the Gar, field Avenue entrance b:. -Elimination of the first 900 parking space at the Bushard Street entrance c.. Elimination of the'216" overhang on the 6 parking spaces Peroendicular'to Garfield Avenue and redesignatlon for use as compact car Parkinq. 2. Prior to`issuance of building permits, the applicant shall submit the following plans:, a. Landscape and irrigation plan to the Department of Develop, ment Services and Department of Public Works for -review And approval. b. Rooftop mechanical equipment plan. Said plan shall indi- cate -screening of.all rooftop mechanical eauipment.and shall delineate the type of material proposed to screen said eauinmen't. 3. Special architectural teratment shall he provided on the west building walls. Such treatment is subject to approval by the D@partment of Development Services. 4. A planned siqn program shall be submitted and approved for all signinq within the commercial'center pursuant to S; 9760.43 of the Huntington Beach Ordinance Code. 5. The development shall comply with all applicable provisions of the ordatnance code, Bpilding Division, and Fire Department. -4- 8-1-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 5 6. Maximum separation between building wall and south property line shall not exceed two (2) inches. 7. Driveway approaches shall be a minimum of twenty-seven (27) feet in width and shall be of radius type construction. 8. Maximum height shall not exceed 15 feet or one story, which- ever is less, as required by City Council action. 9. Within the 15 foot setback from the west property line, the applicant shall install a drainage swale. Also, low ground cover and 24" box trees planted 30 feet on center shall be installed within this required area, with additional shrubbery interspersed in the planting to provide quick-growinq buffer from the adjacent residential, to the approval of Public Works and Development Services. AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSENT: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-39 Applicant: Frederick G. Sperber A request to permit a reduction of approximately 135 square feet in the required open space on property located on the west side of Elizabeth Lane approximately 180 feet south of Ellsworth Drive. This request is a Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Susan Pierce explained that the proponent is asking to reduce the open space requirement in the rear two-thirds of his property from 900 to 761 square feet. He could meet the more restrictive requirement if he were to construct a fence or wall over 42 inches high at the 15 foot line of his front yard, which is extremely deep at 45 and one-half feet. However, the applicant doors not desire to take this approach and has filed for the exception. Field inspection has revealed that the rest of the houses on the street all have deep front yards and in some cases there have been walls constructed within these front yard areas. Secretary Godfrey pointed out that granting the exception would result in a 15 percent reduction in the rear open area, whereas if the wall were put in the two open spaces together would pro- vide more square footage of open space that the code requires. The public hearing was opened. Mr. Sperber, applicant, spoke in support of his proposal, citing the aesthetic appearance of the front portion of his 75- 8-1-84 - BZA t 1 Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 6 lot and the fact that the openness permits better supervision of the play of his two small children. Board members pointed out that the wall could be of some open type construction such as rail or wrought iron which still permit visual access to the street. John Vogelsang expressed the opinion that there seems to be some hardship on the property because the depth of the front yard pre- cludes the use of a portion of the property. There were no other persons present to speak in regard to the request, and the public hearing was closed. A MOTION WAS MADE BY VOGELSANG AND SECONDED BY VINCENT TO APPROVE CONDITIONAL EXCEPTION NO. 84-39 WITH THE FOLLOWING FINDINGS AND CONDITIONS. Secretary Godfrey indicated that he would be voting no on the motion because of his feeling that the hardship was of the appli- cant's own making and there are other ways to accommodate the pro- posed building addition on the lot; also, the applicant's concern with privacy could be addressed by placing a solid 6 foot wall on the front setback line to increase the yard area. Mr. Godfrey con- cluded that he did not feel that justification has been presented for the granting of the variance. MOTION CARRIED BY THE FOLLOWING VOTE: FINDINGS: 1. The siting of the house so far back on the lot constitutes a hardship on the subject property. 2. The granting of the reduction in open space minimum dimension and minimum area will not reduce the required total open space area (goo square feet) on this lot. 3. The granting of the conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 84-39 will not be materially detrimental to the public welfare of injurious to property in the same zone classifications. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITION OF APPROVAL: The plan received and dated July 5, 1984 shall be the approved plan. AYES: Smith, Vogelsang, Vincent NOES: Godfrey, Evans ABSENT: None ABSTAIN: None 1 -6- 8-1-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984, Page 7 CONDITIONAL EXCEPTION NO. 84-40 (UP 84-57) Applicant: Arthur H. Iidgers To permit private open space to fulfill all open area require ments in lieu of public areas on property located on the east side of Ash Street approximately 114 feet south of Cypress Avenue. This request is covered by Negative Declaration No. 84-24. Ms. Pierce reported that the applicant is proposing individual patios for this 7-unit project rather than providing the required common open space. Staff has reviewed the concept and concurs_' that this treatment will provide a total square footage of open space greater than that required by code and also provide a desirable living environment. Precedents have been estab- lished throughout the City for this treatment. The public hearing was opened, and closed when no one was present to speak in regard to the proposal. -Brief Board review ensued. -ON MOTION BY SMITH AND SECOND BY VINCENT CONDITIONAL EXCEPTION NO. 84-40 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDI- TIONS, BY THE FOLLOWING VOTE: FINDINGS: 1. The applicant has provided a total square footage of open space greater than that required by the ordinance code. 2. Precedence for exception to open space requirements has been established in this neighborhood. 3. The granting of a conditional exception preserves the enjoy- ment of one or more substantial property rights. 4. The granting of the conditional exception will not be materially detrimental to the public welfare of injurious to property in the same zone classification. 5. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITION OF APPROVAL: The conceptual site plan received and dated July 6, 1984 shall be the approved layout. DYES: Smith, Evans, Vogelsang, Vincent NOES: Godfrey ABSENT: None ABSTAIN: None -7- 8-1-84 - BZ1\ Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 8 USE PERMIT NO. 84-57/NEGATIVE DECLARATION NO, 84•-24 AAp2licant: Arthur, H. Rigae5rs To permit the construction of a seven -unit apartment building on property located on the east side of Ash Street approximately 114 feet south of Cypress Avenue, Susan Pierce reviewed the request and the proposed conditions of approval. The public hearing was opened. John King addressed the Board'to discuss the sprinklering system, asking that the condition be clarified to indicate that sprinklers would be necessary only for those units which might be more than 150 feet away from the fire hydrant. Staff responded by noting that the condition for compliance with Fire Department regulations would cover his concern. There were no other persons to speak for or against the project, and the public hearing was closed. ON MOTION BY EVANS AND SECOND BY VINCENT USE PEP14IT NO., 84,57 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: 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 buildings. 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 site plan, floor plans, and elevations received and dated July 6, 1984 shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit a landscape and irrigation plan to the Departments of Development Services and Public Works for review and approval. Said landscape plan shall include: One (1) fifteen gallon tree per landscape pocket area adjacent to the north property line, two (2) twenty-four inch box trees in front yard area, and one (1) fifteen gallon tree in each private yard area. -8- 8-1-84 - BZA 1 i Minutes, H.B, Board of Zoning Adjustments August 1, 1984 Page 9 3. A hose bib shall be installed within each private yard area. 4. Driveway approaches shall be a minimum of twenty-seven (27) feet in width and shall be of radius type construction. 5. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. j 9. If lighting is included,'in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. I 10. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 11. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include onsite soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls streets, and utilities. 12. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compli- ance -shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experi- enced in the field of acoustical engineering, with the application for building permit. 13. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSENT: None ABSTAIN: None -9- 8-1-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page la ON MOTION BY EVANS AND SECOND BY VINCENT NEGATIVE DECLARATION NO. 84-24 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Godfrey, Smith', Evans, Vogelsang, Vincent NOES: None ABSENT: None ABSTAIN;- None CONDITIONAL ESCEPTION NOL 84-43 Applicant: Dale and Linda Ackerman To permit a reduction inopenspace requirements for the construc- tion of an addition to a'single-family dwelling located on the south side of Doncaster Drive 40 feet east of Lochlea Lane. This request is a Categorical Exemption, Class 5, California En- vironmental Quality Act,11970. Susan Pierce reported that this lot was created in 1926 with dim- ensions of 40 by 120-feet. Staff feels that the side yard adjac- ent to the garage is sufficient to compensate for the reduction in open space and that a'precedent has been set by the granting of similar requests in the neighborhood under identical lot config- uration. A'revised site plan will be needed, however, to -delineate a 5-foot strip of land back of the garage to the alley line that is not shown on this plan.` The public hearing was opened. Dale Ackerman, applicant, was present, but made no comment other than to agree to show the missing footage on a revised plan. The public hearing was closed. Staff and the Board reviewed the proposed findings and conditions. ON MOTION BY EVANS AND SECOND BY-VINCENT CONDITIONAL EXCEPTION NO. 84-43 WAS APPROVED WITH THE FOLLOWING REASONS, FINDINGS, AND CONDITIONS, BY THE FOLLOWING VOTE: REASONS FOR APPROVAL: 1. The property was created in 1926 and is only 40 feet in width. 2. The side yard adjacent to the garage is sufficient to compen- sate for reduction in open space. 3. Similar requests have been granted to neighboring properties under identical lot configurations. -10- 8-1-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 11 FINDINGS• 1. The granting of,the conditional exception will not con- stitute the grant of special privilege inconsistent upon other property, in the vicinity and under the same zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location, and surroundings, the strict application of the zoning ordin- ance 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 the conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of the conditional exception will not be materially detrimental to the public welfare of injurious to property in the same zone classification. 5. The granting of the conditional exception will not ad- versely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. A revised site plan which accurately depicts property dim- ensions shall be submitted. Area tabulation shall be revised accordingly. 2. The proposed addition shall be architecturally compatible with existing structures. 3. No other additions which would reduce the open space area requirement shall be permitted. AYES: Smith, Evans, Vogelsang, Vincent NOES: Godfrey ABSENT: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-52 Applicant: DeWayne Brown A request to permit construction of a 10,020 square foot in- dustrial building on property located on the south side of Burton Drive at the intersection of Griffin Lane. This project is a Categorical Exemption, Class 3, California Environmental Quality Act, 1970. -11- 8-1-84 - BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 12 Susan Pierce reported that plan check had shown the parking spaces to be 6 inches short in dimension, and there is a concern with the last parking space in the corner of the property. No area is avail- able for turnaround and the Board may wish to consider not allowing parking at that location so it may be used for the turnaround. The plan had also been short of parking spaces, but an increase in the square footage of warehousing allocated for the interior of the structure had reduced the parking requirement to the 20 now provided on the plan. However, if the Board does not allow the corner park- ing space, the plan will again be one space short. She suggested that relocating the trash enclosure might allow the extra space needed for the parking dimensions to be obtained. Mr. Brown addressed the Board to explain that the proposed use is not a customer outlet for the camper tops, although some installa- tion might be done on,the - site. Normally the procedure is,to con- struct the tops on the premises and ship them out to Toyota dealers; it is estimated that four or five employees will constitute the work force. He added that it is possible that some service or re- pairs may also be done onsite. Secretary Godfrey expressed concern with the type of operation out- lined by the applicant, noting that the type of services proposed will generate additional parking demand.- He indicated a preference for eliminating the corner, parking space and using that area for a turnaround, even if it might mean increasing the warehousing area or. decreasing building size. 'Mr. Godfrey indicated that he could not vote in favor of the plan without the turnaround area. The Board discussed the possibility of designating the problem'parking space for employees only or possibly providing an"employee space within the structure itself. Ms. Pierce responded that this practice has been discontinued because of the -difficulty of complying with fire safety standards. Mr. Brown indicated that the trash area can be shortened or other adjustments made to meet the parking space dim- ension. Daryl Smith said that in the industrial areas the actual parking count is more important'than inner circulation, particularly if the problem space is designated for employees only. ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-52 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOW- ING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 12, 1984 shall be the conceptually approved layout. 2. A revised site plan shall'be submitted depicting the modifica- tions described herein: -12- - 8-1-84 - BZA 1 Minutes,. H.B. Board of toning Adjustments August 1, 1984 Page 13 a. Parking stall size in compliance with Article 979. b. Handicapped parking stall in compliance with State requirements. c. North arrow and scale. 3. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Departments of Public Works and Development SErvices for review and approval. b. Rooftop mechanical equipment plan. Said plan shall indi- cate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 4. The development shall comply with all applicable provisions of the ordinance code, Building Division, and Fire Depart- ment. 5. Maximum separation between building wall and property line shall not exceed two (2) inches. 6. Driveway approaches shall be a minimum of twenty-seven (27) feet in width and shall be of radius type construction. 7. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 8. No outside storage shall be permitted. 9. Low -volume heads shall be used on all spigots and water faucets. 10. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 11. If lighting is -included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed .to prevent "spillage" onto adjacent properties. 12. If foil -type insulation is to be used, a fire retardant type shall be Installed as approved by the Building Division. AYES: Smith, Evans, Vogelsang, Vincent NOES: Godfrey ABSENT: None ABSTAIN: None 5KC 8-1-84 -= BZA Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 14 USE PERMIT NO. 84-63 Applicant: harry A. Canter To permit a sidewalk sale for merchants within an existing shopping center and to permit an area to be used for dog wash and low cost vaccination clinic on property located at the northeast corner of Brookhurst Street and Adams Avenue. Larry Canter, Harris Denny (president of the center's Merchant's Association) , and Mark - Chow (Director of,,the Boys .and Girls(Club of Fountain Valley)- were -present at the meeting. Mr. Canter explained his proposal, which will take place on one day only, August 18, from the hours of.10:00 a.m. to 4:00 p.m. Members of the Boys and Girls Club will operate the,"dog wash," which will really constitute only dipping the animals to rid them of fleas. Water from this operation will run into the street drains. The applicants and the Board discussed the operation and the com- plaint received from the same operation last year; this consisted, according to the applicants, of a complaint from one resident be- cause of alleged violations of the City's ordinance for failure to obtain a permit and t6 the Health Department thereafter-, presumably` because of the animal clinic operation. ON MOTION BY VINCENT AND SECOND BY VOGELSANG USE PERMIT NO. 84-63 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE,FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plot plan received and dated July 27, 1984 shall be the approved,layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and,the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3.' Sidewalks shall be maintained at a clear width of 4 feet. 4. A certificate of insurance form shall be filed in the Adminis- trative Services Department in an amount deemed necessary by the Public Liability Claims Coordinator, along with a hold harm- less agreement executed by insured, at least five (5) days prior to the event. 5. The, applicant shall provide for clean up of the areas after the closing of the event. -14- 8-1-84 - BZA L I 1 Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 15 6. A certificate to operate shall be issued by the Development Services as required by S. 9730.80 ington Beach Ordinance Code. AYES: Smith, Evans, Vogelsang, Vincent NOES: Godfrey ABSENT: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 84-589 Applicant: Justo Villar Director of of the Hunt - To permit a parcel map as required for the conversion of exist- ing industrial buildings to condominiums on property located on Griffin Lane south of Slater Avenue. Susan Pierce reported that this map is a re -filing of a formerly approved parcel map, 79-567, adopted by the Board for an 8-lot industrial subdivision. This applicant is proposing that four of those lots, the two most northerly on either side of Griffin, be developed for condominium purposes. This map submitted today would allow all 8 of the lots to be converted, if and when the individual buildings are constructed, and conveyed under separate ownership. The applicant has presented CC&Rs for four of the parcels under his jurisdiction, Lots 1, 2, 5, and 6. Parking has not been assigned under the CC&Rs and presumably will remain in common among the four lots. Staff feels that the subject map should only include the four parcels controlled by the appli- cant, as all of the properties are not held in one ownership and the map would require a minimum of eight signatures. The Board expressed deep concern both with the legality of the parcel map as presented and with the procedure by which it had come to the Board for review. The applicant explained that the owners had assumed that they could build on the lots and sell them for condominium purposes; they had the properties in escrow before realizing that they did not have the condominium plan or CC&Rs to permit this, and are now very pressed, for time. He indicated the feeling that the map will be of benefit to the other owners as well as his clients, in that their lots also will be able to convert if they should desire to do so in the future. City Engineer Les Evans noted that'the City does not have a code process for dealing with this type of proposal, and that it is not legal to amend a parcel map once it is recorded other than slight corrections to dimensions. Secretary Godfrey ex- plained that because the City has no procedure to handle a matter of this sort the State Subdivision Map Act would rule. The department had required this parcel map in order to obtain CC&Rs and impose conditions which would allow some measure of control and enforcement. - -' -15- 8-1-84 - BZA Minutes, H.B, Board of Zoning Adjustments August 1, 1984 Page 16 . A MOTION WAS MADE BY GODFREY AND SECONDED BY SMITH TO APPROVE TENTATIVE PARCEL MAP NO. 84-589 FOR PURPOSES OF CREATING CONDO AIRSPACE INDUSTRIAL CONDOMINIUMS FOR PARCELS 1, 2, 6, AND 5 AS SHOWN ON PARCEL MAP NO. 79-567 WITH FINDINGS AND CONDITIONS AS RECOMMENDED AND AMENDED BY STAFF. Les Evans stipulated that the parcel map No. 84-589 will include only those lots, deleting the other four parcels as "not a part" and that the applicant will have to submit a new map numbered 84-589 that will depict,the subject four lots only. THE MOTION CARRIED WITH THE FOLLOWING FINDINGS AND CONDITIONS BY THE FOLLOWING VOTE: FINDINGS: 1. The subdivision of'four (4) parcels for purposes of industrial condominium 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. The property was previously studied for this intensity,of land use at the'time'the land usa�designation for light manufacturing district allowing industrial 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 ih,6ompliance 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: 1. The tentative parcel map (TPM 79-567) received by the,Depart- ment of Development Services on July 27, 1984, shall be the approved layout -with the deletion -of Lots 3, 4,, 7, and,8. 2. A copy of the recorded parcel map shall be filed with the Department of Development Services. 3. A condominium plan which contains the number and size of units located on Lots'1, 2,-6, and 5 shall be submitted to the Department of -Development Services prior to approval of the final map. 4. A master parking agreement shall be submitted to the Department of Development Services prior to -approval of the final map., -16- 8-1-84 - BZA' I-, 1 Minutes, H.B. Board of Zoning Adjustments August 1, 1984 Page 17 5. The CC&Rs for the condominium complex shall be approved as to form and content by the City Attorney and the Departments of Development Services and Public Works prior to approval of the final map. 6. All previous conditions of approval of Tentative Parcel Map No. 79-567 shall remain in effect. AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSENT: None ABSTAIN: None MISCELLANEOUS: Dr. Graham, applicant for Tentative Parcel Map No. 84-587, and his architect were present at the meeting to discuss with the Board its request for reciprocal access/parking agreements with the neighboring property. Dr. Graham reported that he has met with the abutting owner who has refused to participate, and he asked for guidance in how to proceed. The Board briefly discussed the layout and parking on the subject parcel, and ,requested that the applicant attend the Board's Monday morning review session to further discuss his project. There was no further business and the meeting adjourned to Monday August 6 at 10:00 a.m. A��, 9�- Glen K. Godfrey, Secretary :df -17- 8-1-84 - BZA