Loading...
HomeMy WebLinkAbout1983-12-21MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY,, DEC -EMBER 21, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vogelsang, Vincent STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY GODFREY AND SECOND BY EVANS, THE MINUTES OF THE REGULAR MEETING OF NOVEMBER 16, 1983 WERE APPROVED AS TRANS- CRIBED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Vogelsang NOES: None ABSTAIN: None ABSENT: Vincent, Smith AGENDA ITEMS CONTINUED: CONDITIONAL EXCEPTION NO. 83-53 (CONTINUED FROM 12/14/83) AND USE PERMIT NO. 83-59 Applicant: James W. Huish C.E. Request: To permit encroachment into the required 25-foot front and side yard setbacks for construction of an outdoor recreation center. U.P. Request: To permit construction of an outdoor recreation center including boat ride, video room and picnic area. Subject property is located within the Southern California Edison Co. easement on the south side of Center Street between the Huntington and Old World Shopping Centers. Secretary Godfrey reiterated the reason for continuance of both applica- tions for the benefit of all concerned. He outlined staff's suggested findings for denial e.g. encroachment into the required setback not being compatible with setback established for properties to the north, on -site parking and circulation having a potential of creating a congestion and circulation hazard, ingress and egress to the site providing possibility of traffic impacts to the intersections along Center Drive. Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Two The public hearing was opened by Acting Chairman Evans. Mr. James Huish, representing the Huish Family Fun Centers, Inc., addressed the Board. He stated that they have been very successful with similar recreation facilities in Fountain Valley and San Diego having been in the recreational business for twenty-seven years. They are proposing to build three different themed miniature -golf courses at the Huntington Beach -project located under the Southern California Edison power lines. Mr. Huish called the Board's attention to pictures taken at their other recreation facilities depicting proper design and maintenance. Ovei the past 8-1/2 years he has been working with our Traffic, Engineering and Building departments and was told although a variance will be required, the setback should not be a problem as long as the miniature -golf courses are surrounded with grass. The setback problem is created by the long and narrow shape of the property. Although no parking is allowed within ten feet of the Edison drip lines, Mr. Huish felt parking could be worked out by resizing the development. In 1981 he applied for Zone Change #81-2 rezoning the five -plus acres of property from R-1 to ROS at which time our City Council was in agreement that more recreation was need in our City. He stated that due to the cost of property today, private enter- prise can not afford property for recreational purposes. Additionally, a soccer and little"league field are proposed. He stated that if the go-cart portion is felt to be a problem, he would be willing to delete it. Because of the pioneering of same, noise generated from the go-carts would be no louder than noise created from the adjacent shopping center. Mr. Tom Love and Doug Rosco, of the Mc Donalds Group responsible for the Huntington Center,spoke in opposition of the applicant's request. They felt it was not an appropriate use in relation to the shopping center, that it would aide littering in the area and allow traffic to become impacted. Mr. Huish readdressed the Board. He said Edison has reviewed and approved his proposal. He claimed the Mc Donald Group would like to obtain the Edison lease covering the subject site for additional parking for the shopping center. The public hearing was closed. Several concerns with the proposal were discussed; 1) the fact that a small portion of the area zoned Residential and agricultural will be encroached upon at the boundary line, 2) security of site, 3) compatibility with adjacent uses and established setback, 4) parking and circulation, 5) video room not an allowed use in ROS requiring a Conditional Use Permit to be heard by the Planning Commission, 6) the fact that drainage would be handled by the applicant felt to be a problem on the site, 7) that the boundaries of lease, zone, and site plan not identical, 8) that the landscaping berm required per Code along the street property line was 9 ft. in lieu of 10 ft. wide, and 9) that the parking stall -2- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Three dimension shown on the applicant's plan was 9 x 18 ft. in lieu of 9 x 19 ft. - one foot short by Code. It was the consensus of all of the Board Members that the applications should be referred to the Planning Commission for hearing allowing the applicant an opportunity to immediately pursue a Conditional Use Permit for the requested uses eliminating the appeal process. Mr.' Huish concurred with the referral to the Planning Commission. ON MOTION BY SMITH AND SECOND BY VOGELSANG, CONDITIONAL EXCEPTION NO. 83-53 AND USE PERMIT NO. 83-59 WERE REFERRED TO THE PLANNING COMMISSION FOR HEARING, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-78 (Con't. from 12/14/83) In conjunction with TENTATIVE PARCEL MAP NO. 83-581 Applicant: Seaborg Construction A. R. Request - To permit reduction of minimum frontage. T.P.M. Request - To permit subdivision of one parcel into seven parcels. The subject property is located at 17756 - 17738 Sampson Lane - east side of street, approximately 182 ft. south of Reynolds Circle. Secretary Godfrey reiterated the reason for continuance of both applications from the Board Meeting of December 14, 1983. He stated at that particular meeting the applicants were unable to provide a precise plan justifying the reduction of minimum frontages for the parcels from eighty (80) ft. to sixty-five (65) ft. At the applicant's request, as lot frontages were arbitrarily depicted, the applicant asked for a one -week continuance to allow additional time to revise their parcel map showing parcels with eighty -foot plus frontages meeting the Code requirement for a tentative parcel map. Upon the,Board's review of the applicant's revised parcel map; it was noted that a subdivision of six (6) lots was being requested in lieu of seven (7) originally requested, that information covering reciprocal ingress/egress was shown properly as well as necessary improvements, etc. allowing approval of the tentative parcel map. The applicant was informed that although parking was shown on the map,' same is not a part of this approval. Additionally, that as they are unable at this time to reflect dimensions for proposed structures, parking, landscaping, etc., at time of development of each individual parcel an administrative review application will be necessary. -3- BZA 12/21/83 Minutes: H.B. Board of December 21, 1983 Page Four Zoning Adjustments As the applicant chose to change the lot width of the parcels meeting the requirement of the Code, he was asked to please submit a letter to the Department of Development Services requesting withdrawal of his administrative review application. Joe Hartge concurred with this request and agreed to the Conditions of Approval for the parcel map. ON 140TION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-581 WAS CONDITIONALLY APPROVED WITH FINDINGS, CONDITIONS IMPOSED AND VOTE FOLLOWING: TENTATIVE PARCEL MAP NO. 83-581 FINDINGS FOR APPROVAL: 1. The proposed subdivision of one (1) parcel into six (6) parcels for purposes of light industrial development is in compliance with the size and shape of property necessary for that 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 light industrial development which allows for light 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 in compliance with standard plans and specifications on file, with the State Map Act, and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on December 19, 1983, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. -4- BZA 12/21/83 1 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Five 3. Water supply shall be through the City of Huntington Beach's water system. 4. Sewage disposal shall be through the City of Huntington Beach's sewage system. 5. All utilities shall be installed underground at the time said parcels are developed. 6. Compliance with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. 8. A reciprocal ingress and egress easement agreement shall be recorded concurrently or prior to the recordation of final parcel map. 9. Compliance with all applicable previous conditions of Tentative Parcel Map No. 80-560. 10. When development occurs on the undeveloped individual parcels, the applicant shall return to the Board with precise site plans for review and approval 11. Corner cutoffs located at the end of the twenty-five (25) foot drives shall be to the satisfaction of the Fire Department. 12. Reference to parking area shall be deleated from the map (not a part of this approval). AYES:. Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 83-78 Applicant: Seaborg Construction To permit reduction of minimum frontage. Subject property located on Sampson Lane - Parcel 4. WITHDRAWAL APPROVED BY THE FOLLOWING VOTE: ON MOTION BY GODFREY AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 83-78 SHALL BE WITHDRAWN BY THE APPLICANT (WITH APPLICANT'S CONCURRENCE) BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None -5- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Six CONDITIONAL EXCEPTION NO. 83-62 In conjunction with USE PERMIT NO. 83-67 Applicant: G.P. Building Enterprises, Inc. C.E. Request: To permit private patios in lieu of common recreational leisure areas.. Minimum dimension to 11 ft. in lieu of 20 ft.; located adjacent to windows or doors. U.P. Request: To permit a six (6) unit apartment building. Subject property located at 17091 and 17101 Ash Street (west side of street). _Both proposals were introduced by Acting Chairman Evans. He informed all concerned that the Conditional Exception is a Class. 5 and the Use Permit is a Class. 3, both categorically exempt under the California Environmental Quality Act of 1970. Findings for both applications were outlined by Secretary Godfrey along with suggested Conditions for Approval of Use Permit No. 83-67. Acting Chairman Evans opened the public hearing for both applications with Mr. Gary Potter, of G.P. Building Enterprises, present to speak in favor of both proposals. Mr. Potter stated that as there are other units within 200 feet of his proposed project which have private patios in lieu of common recreational leisure areas,grafiting of his request would allow him parity with his neighbors. Additionally, the fact that he is providing a total square footage of open space greater than what is required by Code. The size of the parcel (ratio of depth to width) is creating his hardship. Fire Department requirements were outlined to Mr. Potter. It was agreed between the applicant and the Board that as the driveway located in the front of the complex exceeds 150 ft. in length terminating within the apartment complex,as this project cannot meet the required turning radius of 31-1/2 ft. a trade-off allowing a twenty-nine ft. turning radius would be that the applicant install an automatic fire sprinkler system in lieu of a domestic type within the complex. As a tentative parcel map is required to consolidate both parcels into one building site, as Mr. Potter's plan is precise delineating structure, parking, landscaping and dedication, the waiver process for a tentative parcel map was explained to the applicant. The public hearing was closed for both applications. It was the feeling of all of the Board Members that the necessary standards per Code allowing for apartment development were incorporated into the applicant's plan. -6- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Seven ON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 83-62 (IN CONJUNCTION WITH USE PERMIT NO. 83-67) WAS GRANTED WITH FINDINGS AND VOTE FOLLOWING: FINDINGS - C.E. NO. 83-62: 1. The size of the lot and its ratio of depth to width are such to impose physical restraint upon its development. The applicant has provided a total square footage of open space greater than that required by ordinance code. 2. Precedence for exception of open space requirements has been established in this neighborhood. 3. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of a conditional exception will not be materially detrimental to the public welfare or 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. AYES: Godfrey, Smith, Vogelsang, Evans, Vincent NOES: None ABSTAIN: None FINDINGS - USE PERMIT NO. 83-67: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The granting of the use permit will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL - U.P. NO. 83-67: 1. The conceptual plot plan, floor plans, and elevations received December 1, 1983, shall be the approved layout subject to the following modifications described below. -7- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Eight A revised plan shall be submitted prior to the issuance of building permits reflecting: a. A turning radius of twenty-nine ft. minimum (in lieu of thirty- one and one-half (31-1/2) feet as -shown on the plan. b. An additional three feet shall be added to the width of the three parallel parking spaces. 2. Prior to the issuance of building permits, the applicant shall submit a landscape and irrigation plan to the departments of Develop- ment Services and Public Works for review and approval. Said landscape plan shall include one (1) fifteen gallon tree per landscape pocket area adjacent to 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. 3. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 4. Prior to issuance of building permits, the applicant shall file a parcel map consolidating the subject two parcels into one building site. Said map shall be recorded prior to final inspection. AYES: Godfrey, Smith, Evans, -Vogelsang, Vincent NOES: None ABSTAIN: None NEGATIVE DECLARATION NO. 83-49 AND - = ADMINISTRATIVE REVIEW NO. 83-77 Applicant: Musil, Perkowitz, Ruth, Inc. To permit a 12,600 square foot retail building to be located on the northeast side of Golden West Street and Warner Avenue - Lots 30 through 37 and Lots 56 through 63 in Block C of Tract 392. Acting Chairman Evans introduced _the proposal. The Board reviewed the information contained in the the declaration and considered mitigating measures as outlined by staff applicable to the project. On motion by Smith and second -by Godfrey, the Board having found that the proposed project will not have.a significant adverse effect on the physical environment, adopted Negative Declaration No. 83-49, with mitigating measures as imposed on Administrative Review No. 83-77, by the following vote: -8- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Nine AYES: Godfrey, Evans, Smith, Vogelsang, Vincent NOES: None ABSTAIN: None Secretary Godfrey outlined staff's main concern with the project being the parking layout created by the proposed location of the building on Pad "L". It was felt that if parking spaces were not available on Pad "L" cars would have to back out as no turnaround was provided. The possibility of reversing the building or taking access from the easement at the northeast corner of Warner and Golden - west was discussed. However, exists a graduated grade differential of 0 - 3-1/2 feet between the properties. Substantial grading would be necessary to join the service station and commercial center sites. As an alternative, interior circulation could be obtained by a redesign of the parking lot or by creating an additional point of ingress -egress to the site from the north property line via the Business Properties parking lot. Mr. William Landis and Sy Perkowitz, A.I.A., were present to speak in favor of their proposal. Staff's suggested layout called Exhibit "A" was discussed with the applicants. Mr. Landis stated that as he is the owner of the service station adjacent to the subject property, of which the existing lease will expire in ten years, he felt to use the easement for access connecting both properties would be no problem as it would allow coordination between the service station and commercial center and would achieve proper circulation with two openings provided. Conditions for approval were discussed. ON MOTION BY SMITH AND SECOND BY GODFREY, EXHIBIT "A" WAS CONDITIONALLY APPROVE AS FOLLOWS,. SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. Prior to issuance of building permits, a revised site plan shall be submitted for review and approval (as shown on Exhibit "A" with concurrence of applicant) reflecting parking area layout as suggested by staff. 2. The floor plans and elevations received and dated November 8, 1983, shall be the approved layout. 3. Prior to issuance of building permits, the applicant shall file a parcel map consolidating Lots 30 thru 37 and 56 thru 63 - Block "C" of Tract 392. Said map shall be recorded prior to final inspection. 4. 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. -9- BZA 12/21/83 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Ten b. A rooftop mechanical equipment plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 5._A recorded copy of the "Agreement of Covenants, Conditions and Establishment of Restrictions and Grants of Easements" between William Landis and Business Properties shall be submitted prior to issuance of building permits. 6. The project shall be architecturally compatible with the adjacent commercial center. 7. A planned sign program shall be approved for all signing within the commercial center pursuant to Section No. 9760.43 of the Huntington Beach Ordinance Code. 8. Natural gas shall be stubbed in - at the locations of cooking facilities, water heaters -and central heating units. 9. Low volume heads shall be used on all spigots and water faucets. 10. All building spoils, 'such asunusablelumber, wire, pipe, and other surplus or unusable material shall be disposed of at an off -site 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. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 13. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 14. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 15. The driveway approach shall be a minimum of 32 ft. in width and shall be of radius type. 16. Method of protection of grade -differential at western property line shall be to the satisfaction of the departments of Public Works and Development Services. I. -10- BZA 12/21/83 1 Minutes: H.B. Board of Zoning Adjustments December 21, 1983 Page Eleven 17. Reciprocal agreement for ingress/egress shall be obtained from the adjacent property to the west and a recorded copy submitted to the Department of Development Services prior to issuance of building permits. AYES: Godfrey, Smith, Evans, Vogelsang, Vincent NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE TUESDAY MORNING STUDY SESSION AT 10:00 A.M. Glen K. Godfrey, Secretary Board of Zoning Adjustments js -11- BZA 12/21/83