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HomeMy WebLinkAbout1984-02-01MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, FEBRUARY 1, 1984 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Smith, Vincent STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY EVANS AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF JANUARY 4, 1984, WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-4 and USE PERMIT NO. 83-60 (Con't. from 1/18/84) Applicant: Mc Donald's Corporation To permit a drive-thru addition to an existing Mc Donald's Restaurant located at 16866 Beach Boulevard. Staff informed the Board Members that a revised site plan has been received consisting of requested alterations to the site. The revised plan shows the driveways connecting with the existing building with two entrances being taken from Beach Boulevard reducing the front landscape strip by twenty-two ft. Staff's concerns were outlined: 1) poor onsite circulation; 2) angle parking; 3) people leaving parking spaces getting caught up in the stackinglane; 4) problem with exiting and entering from the south driveway on the site maneuvering in and out; 5) exiting on "A" Street possibly impacting the area at Warner Avenue; 6) landscape planter on "A" Street being five (5) ft. in lieu of six (6) ft.; 7) possibility of overhanging of automobiles while in parking stalls into the landscaped area; and 8) conflict with drive-thru window Minutes: H.B. Board of Zoning Adjustments February 1, 1984 F Page Two arrangement with stacking of automobiles. Upon the Board's review of the revised site plan it was felt that the southerly driveway on Beach Boulevard presented the most serious conflict. The public hearing was opened by Chairman Smith. Mr. Donald Nelson, A.I.A. for the project, addressed the Board. He stated that basically their problem is created by the location of the building on the site, although he felt the conflicts could be corrected. Several modifications were suggested to the applicant. There being no one else present wishing to speak, the public hearing was closed. Following considerable Board discussion, it was felt that by elimination of the southerly driveway located on Beach Boulevard, relocation of the other driveway (a1sq on Beach Boulevard)midway between the location of the two driveways shown with increased:i'dth'would help alleviate �he m�'pr concQrn with acce s onto the site somewhat improving ,on_sihte a is particugare oc�tio asyhee el eonoi e not syUTontwou� lv rBe improper. ON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 84-4 (IN CONJUNCTION WITH USE PERMIT NO. 83-60),WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL: 1. The granting of the°Conditional Exception -will not constitute a grant of a special privilege inconsistent upon other properties in.the vicinity and under identical zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surround- ings, the strict application of the zoning ordinance 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 a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 84-4 will not be materially detrimental to the public welfare, or injurious to.property in the same zone classifications. 5. The granting of the�i4conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan received and dated January 24, 1984 shall be the -2- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Three approved layout. 2. Conditions imposed on Use Permit No. 83-60 shall apply. AYES: Smith, Vincent, Evans NOES: Godfrey ABSTAIN: None ON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 83-60 (IN CONJUNCTION WITH C.E. NO. 84-4) WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR -APPROVAL: 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 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: 1. A revised site plan shall be submitted for review and approval to the Secretary of the Board, prior to issuance of building permits, depicting the modifications described herein: a. The two driveways on Beach Boulevard shown on the revised site plan dated January 25, 1984 shall be eliminated; b. One driveway shall be shown, as marked on the revised site plan (midway between the two driveways on Beach Boulevard), with a minimum width of thirty-five feet; C. The revised site plan shall show on -site circulation relative to the change in location of driveway. 2. Prior to issuance of building permits, the applicant shall file a parcel map consolidating all parcels of the subject site. 3. Prior to issuance of building permits, the applicant shall submit the following plans for review and approval by the -3- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Four departments of Development Services and Public Works: a. Landscape and irrigation plan. b. 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. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Applicant shall pursue Cal Trans approval of radius type driveway on Beach Boulevard. 6. Driveway approach on "A" Street shall be a minimum of twenty- seven (27) feet in width and shall be of radius type construction., AYES: Evans, Smith, Vincent NOES: Godfrey" ABSTAIN: None°,• CONDITIONAL EXCEPTION NO. 84-3 NEGATIVE DECLARATION NO. 83-50 USE PERMIT NO. 84-5 Applicant: Mr. Ron Sher C.E. Request: To permit reduction in perimeter landscape requirements, and addition to encroach 60 ft. into 1.00 ft. setback from Ellis Avenue Centerline. Use Permit Request: To permit the renovation of exterior facades of existing buildings, the addition of 33,080 sq. ft. of new retail space, upgrading of parking and landscaping and joint use of parking spaces. Location - Five Points Shopping Center, 18500 - 18700 Main Street. The applications were introduced by Chairman Smith. Staff reported that this is an existing shopping center which is unique in that it fronts three arterial streets - two of which presently have existing buildings with nonconforming setbacks. Part of the existing shopping center encroaches on Ellis and the proposal is to follow the encroachment line in that portion. Two existing structures are to be removed and replaced with 33,080 sq. ft. of new retail space. Joint use parking was felt justified by staff due to the divergent needs of the movie theatre and Bank of America's hours of use. Comp parking is being proposed in addition to a -commercial center entranc It was stated that otaff was not in redeipt.of a landscape plan. The public hearing for both applications was'opened by Chairman Smith. -4- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Four departments of Development Services and Public Works: a. Landscape and irrigation plan. b. 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. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Applicant shall. pursue Cal Trans approval of radius type driveway on Beach Boulevard. 6. Driveway approach on "A" Street shall be a minimum of twenty- seven (27) feet in width and shall be of radius type constructic AYES: Evans, Smith, Vincent NOES: Godfrey ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-3 NEGATIVE DECLARATION NO. 83-50 USE PERMIT NO. 84-5 Applicant: Mr. Ron Sher C.E. Request: To permit reduction in perimeter landscape requirements, and addition to encroach 60 ft. into 100 ft. setback from Ellis Avenue Centerline. Use Permit Request_: To permit the renovation of exterior facades of existing buildings, the addition of 33,080 sq. ft. of new retail space, upgrading of parking and landscaping and joint use of parking spaces. Location -.Five Points Shopping Center, 18500 - 18700 Main Street. . The.applications were introduced by Chairman Smith.. Staff reported that this is an existing shopping center which is unique in that it fronts three arterial streets - two of which presently have existing buildings with nonconforming setbacks. Part of the existing shopping center encroaches on Ellis and the proposal is to follow the encroachment line in that portion. Two existing structures are to be removed and replaced with 33,080 sq. ft. of new retail space. Joint use parking was felt justified by staff due to the divergent needs of the movie theatre and Bank of America's hours of use. Comp ��t parking is being proposed in addition to a commercial center entrancF" It was stated that staff was not in receipt of a landscape plan. The public hearing.for both applications was opened by Chairman Smith. -4- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Five Mr. Sher addressed the Board and submitted his landscape plan which he felt reflected staff's concerns as outlined at the meeting held with staff. Jock, architect for the project, stated that they would increase the turning radius located at the rear of the building to twenty-seven feet to allow adequate width should the services of the Fire Department be required. Mr. Sher stated his concurrence with providing a landscape buffer within the public right-of-way along Ellis and Delaware along with a maintenance agreement as a trade- off for the reduction in landscaping width around the perimeter of the two arterials. The public hearing was closed. ON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-3 (In conjunction with N.D. No. 83-50 and U.P. No. 84-5) WAS GRANTED WITH REASON, FINDINGS AND CONDITIONS FOLLOWING, SUCCEEDED BY VOTE: REASON FOR APPROVAL: Inasmuch as the existing site is bounded by three arterial streets, a location hardship exists. Also, presently buildings are encroaching into the required setback from Ellis Avenue. FINDINGS FOR APPROVAL: 1. The granting of the Conditional Exception will not constitute a grant of a special privilege inconsistent upon other properties in the vicinity and under identical zone classifications. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance 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 a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 84-3'will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. -5- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Six 5. The granting of the conditional exception will not adversely affect the -General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan received and dated January 30, 1984, shall be the approved layout. 2. Landscape buffering shall be provided along Ellis Avenue and Delaware right-of-way to the satisfaction of .the Department of Public Works'. 3. The developer shall submit a maintenance agreement for right-of-way landscaping along Ellis Avenue and Delaware Street. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None ON MOTION BY GODFREY AND SECOND'BY SMITH, NEGATIVE DECLARATION NO. 83-50 AND USE PERMIT NO. 84-5 WERE CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. The site plan received January'30, 1984, shall be the approved layout subject to the following modification: a. Circulation in the parking lot, at the southerly juncture of Delaware and Ellis shall be revised to the satisfaction of the Fire Department. 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating Lots 1 through 9 - Block "D" of Tract 7. Said map shall be recorded prior to final inspection. 3. Prior to issuance of building permits, the applicant shall submit the following plans for review and approval by the departments of Development Services and Public Works: (a) Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. -6- BZA 2/l/84 2 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Seven (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. 4. Special architectural treatment shall be provided on the rear building walls. Such treatment is subject to approval by the Department of Development Services. 5. A planned sign program shall be approved for all signing within the commercial center pursuant to Section 9760.43 of the Huntington Beach Ordinance Code. 6. All trash areas shall comply with Section 9730.60 - Huntington Beach Ordinance Code. 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 8. Low volume heads shall be used on all spigots and water faucets. 9. 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. 10. 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. 11. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 12. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 13. Main Street driveways shall be of the radius type. 14. Service road and fire lanes as determined by the Fire Department shall be posted and marked. 15. An automatic fire sprinkler system shall be approved in areas where determined necessary by the Fire Department. r7- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Eight 16. Construction plans for the main commercial center entrance shall be approved by the Department of -Public Works. 17. Any signal modification costs shall be borne by the developer. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None USE PERMIT NO. 84-4 Applicant: Thirtieth Street Architects, Inc To permit 278 sq. ft. addition to an existing restaurant. Location is 18872 Beach Boulevard (Reuben's:Plankhouse). Chairman Smith introduced the proposal and. stated that this request, per Section 15103 of the California Environmental Quality Act of 1970, is categorically exempt, Class. 3. The applicant's request for a small amount of square footage to be added to an existing restaurant/bar facility will accommodate an increase in the,lobby area end stage area at" the location of the bar. They are proposing a"significant interior remodel. The intensity will remain the same allowing no change in parking. A review by the Board of Zoning Adjustments is a require- ment of the Zoning Ordinance. The public hearing was opened by Chairmah'Smith. Mr. Jerry Dennethy, A.I.A. for the project, introduced himself to the Board. He,stated that both the existing and proposed use meet or exceed all current zoning and building code requirements including parking. The proposed modifications are cosmetic in nature and will have.a negligible impact on the general public welfare. There being no one else -present wishing to speak in favor or opposition of the applicant's request, the public hearing was closed. The applicant was informed that the fire sprinkler system will have to be modified to accommodate the addition meeting the requirements of the Fire Department. ON MOTION BY EVANS AND SECOND BY VINCENT, USE PERMIT NO. 84-4 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be detrimental to: -8- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Nine 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: 1. The site plan, floor plan, and elevations received and dated January 16, 1984, shall be the approved layout. 2. The fire sprinkler system shall be modified to service the additions as required by the Fire Department. 3. Signs are not a part of this approval and must comply with Article 976 and the Planned Sign Program. AYES: Evans, Vincent, Godfrey, Smith NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-2 AND USE PERMIT NO. 84-6 Applicant: James Ross Maddux C.E. Request - To permit reduction in minimum open space dimension from 20 ft. to 18 ft. and a reduction in open space area from 450 sq. ft. to 360 sq. ft. U.P. Request - To permit an addition to a dwelling with a nonconforming exterior sideyard. Subject property is located at 5001 Flamingo Circle. As the applicant was not present to satisfy concerns of the Board and establish his hardship, both applications were continued to the following Board Meeting. ON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 84-2 AND USE PERMIT NO. 84-6 WERE CONTINUED ONE WEEK, TO THE FEBRUARY 8, 1984 MEETING, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None -9- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Ten TENTATIVE PARCEL MAP NO. 83-585, Applicant: Mr. William J. Sullivan To permit consolidation of small lots and resubdivision into three parcels. Location is 7611 Talbert Avenue. The proposal was introduced by.Chairman Smith who informed all concerned that this request is categorically exempt, Class. 15, under the California Environmental -Quality Act of 1970. Staff informed the Board Members that the Planning Commission recently approved a similar request for -the subject property and found,at that time,that there were some parcels "not -a -part" of the parcel map. In order to keep the blue border consistent with ownership, a condition was imposed by the'Planning Commission that the "not -a -part" parcels be included. A plan check of the new parcel map-"revealed'that on Parcel #2 several parcels are shown severed (squared off) from the existing lot lines. Staff's recommendation is that those parcels not be severed and that the blue border be improved to include the severed lots.• The applicant was not present to'state his concurrence with the Conditions of Approval as required by'State law. ON MOTION BY SMITH AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 83-585 WAS CONTINUED ONE (1) WEEK, TO THE MEETING OF FEBRUARY 8, -1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None REVIEW OF REVISED SITE PLAN - USE PERMIT NO. 84-1 (In conjunction with C.E. No. 83-65 and T.P.M. 83-583) Applicant:' " Mr.: -Leonard, Wchter To permit construction of dwelling units abutting an arterial highway. Subject property is located on Garfield Avenue (Lot 5 - Tract 9378) approximately 150 ft. west of Delaware. Secretary Godfrey informed the Board Members that ;the applicant has modified his plan which will eliminate the necessity for Conditional Exception No. 83-65 approved by the Board of Zoning Adjustments recentl granting a reduction in interior property line parking spaces from 12 ft. to 11-1/2 ft. (7.P.M. No. 83-583 is not affected by the revised plan) . -10- BZA 2/l/84 Minutes: H.B. Board of Zoning Adjustments February 1, 1984 Page Eleven Mr. Lichter, property owner, addressed the Board and explained changes to his original approved plan. The Board's original recommendation was to move the garages on tentative parcels #1 and #4 so that a clear 24 foot space was provided between the east side of the garage wall and the west property line on both tentative parcels. The applicant's revised plan provides a 12-foot clear space for one parking stall at said location, which will shift the garages four feet toward the courtyard area. This revision will allow for the minimum site areas and parking requirements without destroying the design originally proposed. All of the Board Members agreed that the revised site plan dated January 26, 1984 was an improved plan incorporating the Board's concerns at time of original approval. ON MOTION BY GODFREY AND SECOND BY SMITH, THE REVISED SITE PLAN COVERING USE PERMIT NO. 84-1, DATED JANUARY 26, 1984 WAS GRANTED APPROVAL AS FOLLOWS: AYES: Godfrey, Evans, Smith,Vincent NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE MONDAY MORNING STUDY SESSION ON FEBRUARY 6, 1984 AT 10:00 A.M. Aw. 06 � Glen K. Godfrey, Secretary Board of Zoning Adjustments -11- BZA 2/1/84