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'=
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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
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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
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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
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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.
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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.
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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:
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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.
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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. - -'
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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.,
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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
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