HomeMy WebLinkAbout1983-02-091
MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-6 - Civic Center
2000 Main Street
Huntington Beach, CA
WEDNESDAY, FEBRUARY 9, 1983 - 1.30 P.M.
BOARD MEMBERS PRESENT: Godfrey, Evans, Cooper, Vogelsang, Smith
MINUTES: ON MOTION BY SMTIH AND SECOND BY VOGELSANG,
THE MINUTES OF THE REGULAR MEETING OF
JANUARY 26, 1983, WERE APPROVED AS TRANS-
CRIBED BY THE FOLLOWING VOTE:
AYES: Evans, Vogelsang, Smith, Cooper
NOES: None
ABSTAIN: Godfrey
ABSENT: None
REGULAR AGENDA ITEMS:
USE PERMIT NO. 82-30 (Continued from 1/26/83)
Applicant: Mr. Lorenzo A. Reyes
To permit the addition of 792 square feet of seating area and the
addition of a drive-thru window. Property located at 6561 Edinger
(zoned C-4, Highway Commercial District).
Acting Chairman Evans introduced the proposal.
Secretary Godfrey outlined the Board's concerns requiring discussion
with Mr. Reyes, applicant, who was unable to attend the meeting
of January 26, 1983, which necessitated continuance of his application
e.g. location and type of speaker box proposed for the drive-thru,
wall separation buffer and alley/easement located on the north
property line separating the commercial and residential properties,
internal circulation, parking, and landscaping.
Minutes: H.B. Board of Zoning Adjustments
February 9, 1983-----
Page Two
Mr. Godfrey further stated that in addition to the two overlays
reviewed•by the Board Members,at the meeting of,January 26, 1983,
a preferred overlay was devised which was disp1ayed.to the Board
Members for -comment:; It was felt that the new overlay would
not only alleviate 'the ' impact T'of- noise `created by -,the drive-thru
portion of the restaurant but also from the walk-in trade to the
The new plan provides for a landscaped buffer area at the north
property. -line; --with 450parking adjacent to the landscaping, and
with openings providing cross easements on the northeasterly and
northwest side of the site accommodating traffic movement to the
west. It was felt that by pulling the drive -up lane closer to the
bui lding -,-'- with-A-50 -parking ' consi stent`. throughout - the s ite, -better '
circulation would -be -provided., The.dr-ive-thru service window.
speaker -"intercom system , wa`s : -shown orientated toward the -commercial
property and placed ;:adjacent to the east side•,of-,.-the restaurant,
whereby"after'ordering; cars'will-"pul:r forward counterclockwise
to the,west=;.side of -the building for picking up orders, preventing
stacking of .cars. Mr. Godfrey explained that if this is infeasible,
the Board-`may~-,wishl-to-consider-their-'conditi,o_n��that`-the`--intercom -system
be limited to .an' electronic,_selection .with, no amplification of -voice
from. the,',restauranti ;�;: _ a. , >.'....-_ : .
The-pub1ic-hearing was opened°,by'Acting--Chairman-Evans who° -invited
all interested„parties.to step forward to view the various aspects
of the' preferred plan."
1
Mr. Reyes --- speaking- - for -Mc -• Donald s-,—introduced himself---to.--the---Board.
He stated he was not opposed to the preferred plan. He further
stated- that--.he__fel.t--six.-(6)-..percent_._landscaping.,_in-.addition --to--bringing
the existing non -conforming signs into conformance with today's
Code requixement,.would -not, be, a ..problem._. -,Mr-._ ._Reyes.,_,felt-. that - ,
as they have agreed to use of a silent ordering system (if available),
they .should.-not_.have .to.go..to_.the-..additional-expense__of_, a,.landscaped
buffer, at the north property line, to buffer noise. The Ordinance
Code requirement..-for_.a..landscaped. buffer_,was.-explained-,to,_the
applicant. Mr. Reyes stated they would go along with a three (3) foot
landscaped buffer between the residential and commerical properties.
Mr. Reyes stated that he requested a copy of the title search but,
unfortunately, it did not arrive in time for today's meeting.
Linda'Voore,"` 6562_'_L'imerick; stated that- she3 felt, it-, was Mc Donalds
obligation to replace her four (4) foot masonry wall, which
structurally_ _,.._cannot._be.,added on to,r-with a new masonry six (6)
foot in height wall. Mr. Moore stated that he conducted a survey last
Saturday ,_between,.12: 00_ -noon and 1:00 p.m. , and that one car per
every fifty seconds drove through Mc Donalds.
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Minutes: H.B. Board of Zoning Adjustments
February 9, 1983
Page Three
Mr. Linde, adjacent neighbor to the east of Mr. and Mrs. Moore's
residence, felt the landscaped buffer was very important as not
only would it help to alleviate noise but it would provide privacy
to his property.
There being no one else present to speak in favor or opposition
of the applicant's proposal, the public hearing was closed.
Board discussion ensued. It was felt by all the Board Members
that although the preferred overlay was felt to be viable, at
this point it was academic,pending receipt of the title search.
ON MOTION BY COOPER AND SECOND BY EVANS, USE PERMIT NO. 82-30
WAS CONTINUED ONE WEEK, TO THE MEETING OF FEBRUARY 16, 1983, BY
THE FOLLOWING VOTE:
AYES: Godfrey, Evans, Vogelsang, Smith, Cooper
NOES: None
ABSTAIN: None
CONDITIONAL EXCEPTION NO. 83-1
Applicants: Patrick and Christine Scheer
To permit an increase in allowable lot coverage. Property
located at 601 - 13th Street (Townlot Specific Plan).
Acting Chairman Evans introduced the applicants proposal and
stated that this request is Categorically Exempt, Class 5,
California Environmental Quality Act, 1970.
Secretary Godfrey explained that this request is to allow lot
coverage to both the open space and recreational open space in
excess of what the Code requires. Required open space is 456
square feet; provided.after addition will be 430 square feet
which is seven (7) percent short of required. The total open
space required is 1,507 square feet; provided after addition will
be 1,438 square feet which is.4.8 percent short of required. The
proposed two-story addition will bridge between the applicants
garage and residence.
The public hearing was opened by Acting Chairman Evans.
Mr. Patrick Scheer, applicant, addressed the Board. He stated that
the proposed addition would have been -approved under restrictions
pertaining at time of original construction. Mr. Scheer
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Minutes: H.B. Board of Zoning Adjustments
February 9, 1983
Page Four
stated that he felt the most substantial property right is
one of personal`:safety._ _—The 1proposed.-'enhancement•-'tai-1l-==allow
family members to enter the house directly from the garage
without being subjected to possible attack by an individual
hiding in the breezway. He stated he -travels extensively on -,-
business leaving his wife without protec,tion.,
There being no one else present to add-r`ess _tlie request, the
public hearing was closed.
The- Board-'Memb'eifs`=rev-iewed--=the=`plans 's`ubmitted by the applicant.
Mr. Godfrey called the Members attention to the fact that the
applicant -is, -proposing a "game —room!' --adjacent to a patio, -area,,'.-
having -- a- sliding-=glAs9 door with entry and exit, also that 'there
is an area adjacent to the patio which is not calculated into
the - open space or recreational=requirement=because",�it=does not
meet the minimum width. - _ --
It was the consensus of the -Board-Merirber's,_ that `the, findings,
as outlined below, provided discretionary authority for the Board
to' act favorably,on--Conditional�Excelition'<Nb.-1,83-1, although not
within strict accord with the intent/language of the Code.
ON'MOTZON BY COOPER AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION
NO. 83-l'WAS APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL
FOLLOWING, BY VOTE FOLLOWING:
-,7 -
l-.- The_;granting io-f-the Cond-iti_onal Exception will not constitute
-------- ----------- ---------------------- ---- - ----
a grant of a special privilege inconsistent upon other properties
in the :vicinity. 'and :under identical= -zone classif-icat ons :
2. � The-proposed:.addi-tion.-will- i-ncorporate indoor recreational
use with access provided by sliding doors. Although not
strictly --in. accord with-: the intent 'of -the Code, this additional
recreational area provides an amenity for the reduced open
space• and: -,recreational open space requirements. 'There is -'
also- space- available -adjacent.=to�`the -patio -area' which --was ---
considered ijy- the ,Board -but- vas-- not calculated:,into the area-
because- -it -fails-:to meet minimum -:width- r-equirements
3.:- The -,granting- of_ -a. condi ionah=exception= is- necessary--in-'order
to._pxeser-vE.-th'e enjoyment- of -:one -or-more, -substantial property
rights.
4. The granting of a conditional exception will not be materially
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Minutes: H.B. Board of Zoning Adjustments
February 9, 1983
Page Five
detrimental to the public welfare, or 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.
CONDITIONS OF APPROVAL:
The conceptual plan and elevations received January 27, 1983,
shall be the approved layout.
In its approval action, the Board of Zoning Adjustments considered
the following issues relating to the conceptual plan:
- Lot area;
- Lot width and lot depth;
- Type of use and its relation to property and improvements
in the immediate vicinity.
General Condition:
1. The area designated on the plans as "Game Room" was approved
for that purpose only.
AYES: Godfrey, Evans, Smith, Vogelsang, Cooper
NOES: None
ABSTAIN: None
USE PERMIT NO. 83-5
Applicant:- St. Bonaventure Church
To permit a church festival on October 7, 8, and 9, 1983 at
16400 Springdale.
Acting Chairman Evans introduced the "special event" and stated that
this application is Ministerial per Section 15073 of the California
Environmental Quality Act, 1970.
Secretary Godfrey stated that essentially this is the same request
that comes up annually for their festival. Staff suggested using
the same identical conditions as imposed last year which appear
to have become manifest due to use of a refrigerated truck, storage
of materials, trash and debris, etc. in a residential neighborhood.
The Police Department was contacted with regard to last year's event.
Staff was informed there were some minor incidents none of which
the Police Department could not handle.
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Minutes:. IT.-B.. Board-, of Zoning. Adjustments,,
February 9,, 1981
Page- Six,,-- .- - I
As the applicant's proposal is identical to last year's proposal,
it: wag;felt.-by; alLcof;,-the.-Board: Members -:that -the --same:- Conditions
of Approval 1-shoulA. -apply-.7, I-
7
ON MOTION,_BY!iSM1TH AND SECOND BY COOPER, USE PERMIT NO. 83-5
WAS APPROVED, WITH FOLLOWING CONDITIONS OF APPROVAL IMPOSED, BY
VOTE- AS, ;FOLLOWS:Dn,
CONDITIONS OF APPROVAL:
The pldt,-plan! r-6cei-veff---January,---3--!,-,�,198-3�, -shall::.be_, _the_-approyed
layout, -gubj ec-t thecI ollowing. -.--Conditions-.:
171 1 1 7, T
V, V
2 rC-dn-r�si -A � t4si'=inspection by the Fire Department shall be
required p I rior to the event. -
3,; A certificate of insurance form shall be filed in the
at least five (5) days prior to the
event.
:4 "A11 1ttAgli,`fd6bris arid -garbage as well as special dumpsters
--shall be-_rdm6ved,:from the3-sitewlthin two (2) days of closing
of the festival.
C
-speakers' cmu_-t-ic&1-'_-_insttuments and playing
.-.--,Use 6flamplifiers,' F_ -
of recorded music are to be discontinued as of 9:00 p.m.
placed --,6ri-site as near the inter-
section of Springdale and Heil as possible to minimize noise
�Ehe,-the, f romt. L C
7. Barricades, -shall be - placed at--�therihtersection,-.o:f_Spr3.ng-
- dale;andcBrdssief--Springda-le:�andiorlandot He.il.-and-Bradbury,
- -Orlando and Bradbury.---and-.Orlando;.dLndl--.Angler.-cThe applicant
-shall-,-Pr6vide`:dt their,-expense;,,--uniformed.-polic6;officers-
'to,--man�- thd�-barricadesdt�all:-Iocations,:except,,:O3Z lando
-the,
and-.,-Anglery orie - -(l),-,-.hour prior,- tol-the copening,:, of ;then.
festival1,4to, -the close of each day (to be approved by the
,
Traffic Engineer).
8. All equipment and manpower required by Condition No. 7
shall' be. provided = a t,.-, the- app 1 i cant!. s,_ expense.
C ii 0 -6- BZA 2/9/83
1
Minutes: H.B. Board of Zoning Adjustments
February 9, 1983
Page Seven
9. Appropriate signs (temporary) for the direction of traffic
and on -site parking shall be provided by the applicant. Said
signs, location, and content to be be as recommended by Traffic
Division of the Police Department.
10. The vehicular access off Orlando and Bradbury shall be secured
and not used for ingress -egress to the site except for
emergency purposes.
11. All operations of the festival, including machinery, other
than necessary refrigeration units shall desist between the
hours of 9:30 p.m. and 8:00 a.m.
12. All activity on the site or clean-up activity off -site
shall be shut down by 11:00 p.m.
13. In the event there are any violations of the foregoing
conditions or any violations of life safety codes, the
festival activity will be terminated and not permitted
to reopen.
14. The applicant shall provide clean-up crews to clear the
adjacent streets of trash and debris each evening after
closing of the activity.
15. All evidence of the activity (booths, rides and other
material shall be completely removed from the site
within two (2) weeks of closing of the festival. All
rental equipment shall be removed from the site within
one (1) week of closing of the festival.
16, All vehicular ingress and egress to the site shall be
via the church driveway located mid -block on Springdale.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.
Glen K. Godfrey, Secretary
Board of Zoning Adjustments
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BZA 2/9/83