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HomeMy WebLinkAbout1982-11-10MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington' Beach', CA WEDNESDAY ,' NOVEMBER 10, 1.9 8 2' --' 1: 3 0- P . M . BOARD'MEMBERS PRESENT: Spencer, Kelly, Smith, Evans` BOARD MEMBER ABSENT: Vogelsang REGULAR AGENDA ITEMS: USE PERMIT NO. 82-40 (Con't. from 10/27/82) To permit alteration of building elevations to an existing non- conforming shopping center. IN CONJUNCTION WITH CONDITIONAL EXCEPTION NO. 82-60 (Con''t. from 10/27/82) To permit an elimination of the landscape requirement., Applicant for both requests is Nat Ross,- dba Huntington Village Shopping Center.- Location is 5812-5942 Edinger Avenue zoned C-2 Community Business District, Chairman Kelly introduced the applications to'the Board and -stated the requests were Categorically Exempt, Class. 5, California Environmental Quality Act, 1970. Acting Secretary Spencer reiterated that originally -both applications were scheduled to be heard on October 27, 1982, but that the applicant had requested a one (1) week continuance to'allow additional time for revision to his plan. Mr. Spencer stated that with regard to the Use Permit application, the owner of the shopping center, existing on the southwest corner of Springdale and Edinger, wishes to remodel the front of the buildings while at the same time incorporating a sign theme in the center allowing compatibility with today's standards. There will be no alterations as far as square footage,, just the addition -of architectural features added to the front of the buildings. Minutes; H.B. Board of Zgn�ng Adjustments November 10t 1982 Page Two Pictures of the site as it presently exists were given to the Board Members for review by Mr. Spencer With reference to the conditional exception application, the applicant wishes to eliminate the required landscaping for the site which presently does not come close to meeting the requirement of the Code. Mr. Spencer stated he had met with Mr. Ross, property owner, and his Architect ^ Mr. Scruggs and that it was pretty much concluded that they would be willing to withdraw their variance requesting elimination of the landscaping requirements providing that the Board would allow them a phasing period of time to implement a landscaping design for their site, continuing the same width of landscaping as presently exists in front of the donut house within the center fronting on Edinger and carrying through on the Springdale frontage within sixty (60) months of this approval. This particular design would be approximately 2/3's of the required landscaping of Article 979, Huntington Beach Ordinance Code. It was mentioned that in the future should the applicant wish to add additional square footage to one of his buildings or add an additional building on the site, at that time they would have to bring the site into full compliance with the Code. The public hearing was opened by Chairman Kelly. Mr. Scruggs introduced himself to the Board. He said that Mr. Ross has already negotiated a contract to have the parking lot resurfaced at which time they will restrip, allowing for some compact parking, complying with the parking requirements of the Code. He outlined the problems incurred in the past with landscaping being destroyed by the students attending the high school located across the street from the center. The future site for the Brentwood Savings, to be located on the southwest corner surrounded by Mr. Ross' property was discussed with the applicant. Mr. Scruggs stated that they would be agreeable to participation in a future circulation agreement with the proposed Brentwood Savings project (Parcel No. 146-112-25). The public hearing was closed. Conditions for approval were discussed. It was the consensus of the Board Members that the proposed alteration of building elevations, with conditions imposed, was a satisfactory compromise for the trade-off of approximately 1/3 landscaping which would have brought the site into full conformance with the Code. ON MOTION BY EVANS AND SECOND BY SMITH USE PERMIT NO. 82-40 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL IMPOSED AS FOLLOWS, BY VOTE AS FOLLOWSi FINDINGSi 1. The establishment, maintenance and operation of the use will not be detrimental to= �2- BZA 11/10/82 Minutes; H,B, Board of Zoning Adjustments November 100 1982 Page Three 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 a 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: The revised site plan dated October 29, 1982, shall be the approved layout. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: Traffic circulation and drives; Parking layout; Lot area; Lot width and lot depth; Past administrative action regarding this property. GENERAL CONDITIONS: 1. Elevation plan dated October 6, 1982, shall be the approved plan. 2. Signs as depicted on the October 6, 1982, elevations shall be the approved sign design subject to conformance with Article 976, Huntington Beach Ordinance Code, 3. Any existing signs proposed to be changed or altered, shall be made to conform in every respect to Article 976, H.B.O.C., unless relief is granted through an appropriate application.- 4. Existing parking compound, including drive aisles, shall be resurfaced and restriped in accordance with Article 979, H.B.O.C. This resurfacing and restriping shall take place within twenty- four (24) months of this approval action. 5, Landscaping, as depicted on revised site plan dated October 29', 1982, shall be installed in conformance with Article 979, H.B.O.C. This installation shall take place within sixty (60) months of the approval action. 6, Prior to construction permits being issued for buildings alterationso applicant shall enter into an agreement consenting -3- BZA 11/10/82 Minutes: H,B, Board of Zoning Adjustments November 10, 1982 Page Four to conditions and timetable as outlined in Conditions 4 and 5. 7. In order to better accommodate similar landscaping, applicant is encouraged to consider "compact parking" provision within parking compound. 8. The applicant agrees to participate in a future circulation agreement with the proposed Brentwood Savings project (Parcel No. 146-112-25). AYES: Spencer, Kelly, Smith, Evans NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO., 82r,60 (In conjunction with U.P. No. 82-40) The public hearing was opened by Chairman Kelly. Mr. Scruggs addressed the Board and stated that he wished to with- draw his application. The public hearing was closed. ON MOTION BY SPENCER AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 82-60 WAS WITHDRAWN, BY VOTE AS FOLLOWS: AYES: Spencer, Kelly, Smith, Evans NOES: None ABSTAIN: None USE PERMIT NO, 82-26 (Con't. from 11/3/82) Applicant: Donald Stine & Associates, Inc. To permit remodeling and expansion of an existing bank building located at 6902 Warner Avenue. Chairman Kelly introduced the proposal. Acting Secretary Spencer outlined the concerns of the Board which created the continuance of this application from the meeting of November 3, 1982. With the applicant's concurrence, it was felt that Mr. Stine should meet with Public Works, Fire Department and the Planning staff to incorporate concerns of the Board into a revised plan allowing improved circulation within the commercial development to the east and south sides of the World Savings building prior to the Board taking action on the Use Permit. Mr. Spencer displayed three (3) exhibits, submitted by the applicant, to the Board Members for review: Exhibit I - diagram representing the existing flow of traffic around World Savings; Exhibit II - -4- BZA 11/10/82 Minutes; H.B, Board of Zoning Adjustments November 10, 1982 Page Five Elimination of the three (3) perpendicular parking stalls on the southwest corner of the bank building being replaced with landscaping, with parallel parking located at the south of the building in lieu of perpendicular parking allowing cars to back out in to the flow of traffic in the aisle way (30 ft. wide) at the rear of the site, with the elimination of a potentially hazardous driveway that exists parallel to Warner Avenue, and in front of subject building, which is to be replaced with landscaping; Exhibit III - depicting a three (3) foot wider drive -aisle with parking located closer to the World Savings facility, incorporating compact parking along the east side of the bank building to make up for parking loss by the redesign using parallel parking. Mr. Spencer informed the Board that parking requirements for the center were met on both plans submitted. The public hearing was opened by Chairman Kelly. Mr. Stine, Architect for the project, stated that since the last meeting the only additional comment he wished to make was that as they have reciprocal parking, and as a change in parking for the center would be created by the expansion and remodeling of the bank, as the owner of the Video Depot located directly behind the Bank is concerned with the change in parking, they would be willing to restrip in the front of the Video Depot as there is additional space for one more parking stall. Mr. Billy Maddox, owner of the Video Depot, addressed the Board. He stated that as Exhibits II and III increase the traffic flow in front of his store he was pleased as additional exposure would be given to his shop but that his main concern was that convenient parking will continue to be available to his clientele. Ross De La Haye addressed the Board (1/3 owner of the Straw Hat Pizza Restaurant - speaking in behalf of his parents (additional owners). He stated that their family restaurant has been in existence at this center for the last nine years with another 16 years to go on their lease, He stated that he has no objection to the expansion of the bank but objects to the proposed alteration to the parking within the center as he feels an unsafe situation will be created having all the egress traffic from the center that wishes to travel west on Warner Avenue directed within a distance of approximately 13 feet from the front door of his restaurant. Also, that cars turning left across the front of his restaurant will be making "blind turns" at times when the parking in front of the restaurant is utilized. Mr. De La Haye (Father of Ross De La Haye and part owner of the Straw Hat Pizza Restaurant introduced himself to the Board. He felt the high density of traffic created by the proposed circulation -5- BZA 11/10/82 Minutes; H.B. Board of Zoning Adjustments November 10, 1982 Page Six change did not allow safety to the children, or adults, visiting their family orientated restaurant. The public hearing was closed by Chairman Kelly. Extensive Board discussion carried covering the possibility of a median (traffic island) for Warner Avenue, a landscaped curbed island for the southwest corner of the bank building, speed bumps, location of the bank in conjunction with Carl's Jr. Restaurant also located on the site, vault, cross circulation, turning move- ments, etc. It was felt that Exhibit II, with the increase in the width of existing east -west drive located behind the World Savings Building, with changes as outlined in the following conditions of approval, would achieve safer exiting and entering of the shopping center with the elimination of the existing east -west cross circulation located directly in front of World Savings facility. ON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 82-26 WAS APPROVED WITH REASONS, FINDINGS, AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWS: REASONS: 1. Existing cross (east -west) circulation located directly in front of World Savings facility does not comply with today's standards as it does not allow for either safe entering or exiting of shopping center. 2. A proposed median (traffic island) for Warner Avenue would allow for just one (1) left turn pocket for west -bound traffic which would coincide with existing driveway east of World Savings facility. If existing east -west drive located in front of World Savings was allowed to remain after the above mentioned traffic island was completed, on -site circulation would be impared. 3. Increasing the width of existing east -west drive located south (behind) of World Savingse and by modifying existing parking configurations, it was determined that safer exiting and entering of shopping center would be achieved. 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. -6- BZA 11/10/82 1 Minutes: HOB, Board of Zoning Adjustments November 10f, 1982 Page Seven 2. The granting of a 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: A. TO -BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The revised conceptual plot plan identified as Exhibit II received November 8, 1982, and elevations dated July 30, 1982, shall be the approved layout, subject to the modifications described herein: a. The area shown as "striping" located at building's southwest corner shall be landscaped within a curbed island. b. Owners of Assessor's Parcels No. 165-081-17, 19, 20 and 22 shall agree in writing to parking and circulation modifications shown on conceptual plan. A plan delineating said modification and approval letters shall be submitted to the Secretary of the Board. If such plan and approval letters comply with the modifications outlined by the Board, they shall be approved and made a permanent part of the administrative file. In its approval action, the Board of Zoning Adjustments considered the following issues relating to the conceptual plan: - Traffic circulation and drives; - Parking layout; - Lot area; - Lot width and lot depth; - Type of use and its relation to property and improvements in the immediate vicinityl - Past administrative action regarding this property. 2. The following plans shall be submitted to the Secretary of the Board: a. Landscape and irrigation plan complying with Article 979 of the Huntington Beach Ordinance Code and landscaping specifi- cations on file in the Department of Public Works. b. Rooftop mechanical equipment screening plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. -7- BZA 11/10/82 Minutes; HOB, Board November 10, 1982 Page Eight of Zoning Adjustments B. General Conditions: �J 1. Prior to final building permit approval, a revised parking and circulation plan shall be incorporated into recorded Declaration of Establishment of Protective Covenants, Conditions, and Restrictions and Grants of Easements. AYES: Evans, Kelly, Smith NOES: Spencer ABSTAIN: None TENTATIVE PARCEL MAP NO. 82-572 Applicant: Hartge Engineering Corporation To permit subdivision of one (1) existing parcel into four (4) parcels. Property zoned R-1 located at 7736 Sugar Avenue. Chairman Kelly introduced the proposal and stated that this request is Categorically Exempt, Class. 15, California Environmental Quality Act, 1970. Acting Secretary Spencer outlined the proposal and stated that, in addition to the Tentative Parcel Map, a variance (Conditional Exception No. 82-64) requesting that the existing six (6) foot block wall be permitted to remain within the front yard setback of proposed single-family parcels was received. He further stated that the block wall was conditionally approved in 1978 under C.E. No. 78-17. The Board was in agreement that it was proper to act on the Tentative Parcel Map separately from the Conditional Exception conditioning the map to conform with the requirements of the Code. The applicant, Mr. Bill Hartge, was present and acknowledged receipt of and his concurrence with the Conditions of Approval. The Tentative Parcel Map, submitted by the applicant, was reviewed by the Board. The code requirement for a fifteen (15) foot front yard setback for the wall over 42 inches in height on Parcels 2, 3, and 4 was extensively discussed. The applicant was questioned on the drive approach presently existing between Parcels 2 and 3. The applicant addressed the Board and stated that they may remove the drive approach or, possibly, may wish to have a common driveway between the two parcels with a reciprocal agreement, that a decision has not as yet been made by the property owner as to the layout of the proposed residence to be constructed on Parcel 2, Mr, Hartge stated that the property owner has no plans at present for Parcels 3 and 4. Mr. Hartge was informed by the Board that if the drive approach is not removed, or if used for a joint approach between both properties, it will have to be widened meeting the requirements of the Code. -8- BZA 11/10/82 Minutes: H,B, Board of Zoning Adjustments November 10, 1982 Page Nine ON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO, 82"572 WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, BY VOTE AS FOLLOWSt FINDINGSi 1. The proposed subdivision of one (1) lot into four (4) parcels for purposes of Residential use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan�has set forth provisions for this type of land use as well as setting forth objectives for implementation of this- type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for single-family residence district 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 -in compliance with standard plans and -specifi- cations on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS"OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on October 26, 1982, shall be the approved layout, subject to the following:. a. The existing block wall located within front yard setback of Lots 2, 3, and 4 shall be removed or made to comply with district setback requirements. b, Prior to City Engineer's approval of final map, plans for revised offsite physical improvements shall be submitted to the Public Works Department for approval on Parcels 2, 3, and'4, c, Compliance with all applicable City Ordinances. d. A copy of the recorded parcel map shall be filed with the Department of Development Services. AYES: Spencer, Kelly, Evans, Smith NOES: None ABSTAIN: None -9- BZA 11/10/82 Minutes: H.B. Board of Zoning Adjustments November 10, 1982 Page Ten CONDITIONAL EXCEPTION NO. 82-64 Applicant: Hartge Engineering Corporation To permit an existing six (6) foot block wall to remain within front yard setback of proposed single-family parcels fronting Sugar Drive. Property zoned R-1, located at 7736+ Sugar Drive. Chairman Kelly opened the public hearing. Acting Secretary Spencer stated that in staff's analyzation of the request for the existing wall to remain should approval be granted, for safety reasons,the requirement of a 10' x 10' or 15' x 15' cut-off is required for visability purposes avoiding problems which could occur with cars backing in and out of a driveway. It was felt that possibly the twelve (12) foot park- way existing may be in the applicant's favor, but that, the decision is up to the Board. After a lengthy discussion between the Board and the applicant, it was felt that it was virtually impossible to act on the con- ditional exception until a plan showing the location of the residence on Parcel No. 2, with the possibility of two driveways, tied in with setbacks, safety factors for visibility, etc. could be submitted to the Board in an effort to determine if the variance requested was justifiable. Mr. Hartge asked for a one week continuance.. ON MOTION BY SMITH AND SECOND BY SPENCER, CONDITIONAL EXCEPTION NO. 82-64 WAS CONTINUED ONE WEEK WITH THE APPLICANT'S CONCURRENCE, TO THE MEETING OF NOVEMBER 17, 1982, BY THE FOLLOWING VOTE: AYES: Spencer, Kelly, Evans, Smith NOES: None ABSTAIN: None MISCELLANEOUS ITEM: CONDITIONAL EXCEPTION NO 81-3 (USE PERMIT NO. 81-1) Applicant: Mr. Ron Montgomery Acting Secretary Spencer requested the Board's approval to correct an error on the "request portion" only of the minutes dated 7/29/81 to read: Board to review and approve revised parking layout received July 29, 1981, in lieu of "to permit the expansion of an existing building materials supply yard storage area". -10- BZA 11/10/82 Minutes; H.B, Board of Zoning Adjustments November 10, 1982 Page Eleven ON MOTION BY SPENCER AND SECOND BY SMITH, APPROVAL AS FOLLOWS WAS GIVEN TO CORRECT THE MINUTES OF JULY 29, 1981: AYES: Spencer, Kelly, Evans,, Smith NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. Adjustments 1 ecretary -11- BZA 11/10/82