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HomeMy WebLinkAbout1984-02-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, FEBRUARY 22, 1984 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Smith, Crosby, Vincent STAFF MEMBER PRESENT: Strange MINUTES: ON MOTION BY VINCENT AND SECOND BY GODFREY, THE MINUTES OF THE REGULAR MEETING OF JANUARY 25, 1984 WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Vincent NOES: None ABSTAIN: Crosby REGULAR AGENDA ITEMS: LOT LINE ADJUSTMENT NO. 84-1 Applicant: Seacliff Estates To permit the adjustment of the line between two lots, necessitated by a new entry design within an approved project. Location East side of Cherryhill Street - Assessor's parcel numbers 23-361-05 and 40. Chairman Smith introduced the applicant's request and stated that the proposal is categorically exempt, Class. 5, under the California Environmental Quality Act of 1970. Staff informed the Board that this request is for the removal of the westerly corner of Lot #5 allowing for a new entry design for the Seacliff - Phase IV Development. Upon the Board's review of the plat map marked as "Exhibit "B", it was the consensus of all of the Board Members that the lot line Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Two adjustment is consistent with the criteria outlined in S.9811.3.1 of the Huntington Beach Ordinance Code and continues to meet the general and specific plans for the previously approved development. CONDITIONS OF APPROVAL: 1. Lot Line Adjustment No. 84-1, Exhibit "B" shall comply with S.9811.3.1 of the Huntington Beach Ordinance Code. 2. Lot Line "A" shall comply with all applicable conditions of approval of Tentative Tract 10069. 3. The applicant shall submit a copy of the recorded Lot Line Adjustment to the Department of Development Services prior to occupancy of Lot 5 - Tract 10069. 4. All previous conditions of approval for Tentative Tract 10069 shall remain in effect. AYES: Godfrey, Smith, Crosby, Vincent NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-6 Applicant: Mr. William Hall To permit reduction in standard front setback and garage to 20 ft., and encroachment of 610" wall to within 10 ft. of front property line. Subject property is located at 16322 Sundancer Lane. Chairman Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 5, under the Calif- ornia Environmental Quality Act of 1970. Staff informed the'Board that the applicant's request consists of an encroachment of a six (6) foot wall five (5) ft. into the required fifteen (15) foot front yard setback and a reduction in garage setback of twenty (20) ft. in lieu of twenty-two (22) ft. required by code. The side entry garage is being altered from a three -car to a two -car garage to provide space for a swimming pool in the applicant's front yard. Upon the Board's review of the applicant's plan, it was noted that by the deletion of a portion of the garage adequate dimensions (width and length) would be provided for a two -car garage. The public hearing was opened by Chairman Smith. Mr. William Hall, property owner, introduced himself to the Board and submitted pictures of his dwelling and of three other homes in his immediate area (one showing an eight (8) ft. wall) depicting -2- BZA 2/22/84 1 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Three same encroachments he is requesting. He stated that his home is located on a feeder street. He felt the wall would provide safety and security to his property. He further mentioned he had contacted the Trinidad Home Owners Association who is in favor of his proposal. He felt that the unique configuration of his property has created his hardship. There being no one else present wishing to speak in favor or opposition of the applicant's request, the public hearing was closed. Line of sight was discussed. It was agreed that if the green belt area proposed inside of the reverse curved wall would be eliminated, with the wall moved back having a fifteen (15) ft. setback on the south corner of the property, only one pilaster would encroach to within ten (10) ft. of the front property line. ON MOTION BY VINCENT AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-6.WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 1. The granting of the conditional exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under identical zone classification. 2. Because of special circumstances applicable to the subject property, 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 a conditional exception will not be materially 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: 1. The conceptual site plan received February 2, 1984, as revised February 22, 1984 with "S" curve wall to meander back to fifteen (15) ft. on the south side of the property, shall be the approved layout. -3- BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Four 2. A permit shall be obtained from the Department of Public Works for the driveway approach. 3. Roll up garage doors with automatic door openers shall be installed. 4. A revised plot plan, detailing landscaping and change in wall location, shall be submitted to the Department of Development Services for review and approval prior to issuance of building permits. AYES: Vincent, Smith, Crosby NOES: Godfrey ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-7 Applicant: Mr. Richard R. Doolittle To permit the proposed Long Beach Medical Building to be set at the easement line of a storm drain easement, instead of 5 ft. off and encroachment into 30 ft. perimeter setback from 405 Freeway right- of-way. Staff informed the Board that during plan check it was revealed that the applicant's plan encroached into the required 30 ft. setback by approximately 25 ft. which was inadvertently overlooked by staff when the building was originally approved. Consequently, Mr. Doolittle was asked to file a variance for the encroachment into the 30 ft. setback and to allow the medical building to be set at the easement line of a storm drain easement in lieu of five ft. required by Code. 1 Mr. Doolittle, applicant, and Mr. Gerald Klein, Managing Partner of One Pacific Plaza, were present to speak in favor of their proposal. The public hearing was opened by Chairman Smith. Mr. Klein addressed the Board. He said that at the time when the Conditional Exception was filed, they were under the impression that the building setback from the 405 Freeway, at Pad "F", Parcel 7, was five (5) feet. All previously approved plans reflected building setbacks from 5 to 10 feet. Now they understand that the designated setback is actually 30 feet. They are requesting that they be allowed to construct to within three (3) feet of said property line as this building backs up to the landscaped slope of the Mc Fadden Avenue overcrossing thereby leaving a natural setback to Mc Fadden Avenue of about 100 feet. The distance to the freeway pavement edge would be in excess of sixty (60) feet, with said areas being densely landscaped with trees of up to 35 feet in height. The proposed building makes no use of the setback area on that side of the building, other than additional landscaping. Further, the storm drain traversing the property limits its developability. -4- BZA 2/22/84 Minutes= H.B. Board of Zoning Adjustments February 22, 1984 Page Five Mr. Klein stated that this mistake was an honest one, and was made by everyone concerned. The building has been designed and is in plan check with construction ready to commence as soon as a building permit is issued. The public hearing was closed. Discussion carried by the Board Members on the fact that this has been a very difficult area for the City to maintain landscaping traveling on undeveloped property. Mr. Klein was asked to approach his applicant to see if they would sit down with representatives from Public Works Department to discuss the possibility of their handling maintenance within this particular area. Mr. Klein said he would pass this information along to the Long Beach Memorial people. It was felt by all of the Board Members that as the building was proposed to be constructed on piles, there would be no pressure on the storm drain which would be the only reason this variance could be allowed. ON MOTION BY CROSBY AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84-7 WAS GRANTED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 1. Granting of this request will not constitute a grant of special privilege. The site is irregular in shape and will not impact surrounding properties. 2. The granting of this conditional exception will not be materially detrimental to the public welfare. The proposed building is separated from surrounding land uses by the 405 Freeway, intensified landscaping and a berm. CONDITIONS OF APPROVAL: 1. The site plan received and dated February 9, 1984, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the departments of Development Services and Public Works for review and approval. 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. -5- BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Six 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. 4. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 5. Proposed structures shall be architecturally compatible with existing structures. 6. 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. 7. 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. 8. Prior to issuance of building permits, the applicant shall restripe the parking lot so that it conforms to the provisions of Article 979 of the H.B. Ordinance Code. AYES: Crosby, Smith, Godfrey, Vincent NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-8 (In conjunction with USE PERMIT NO. 84-10) Applicant: Mr. Norbert Waters C.E. Request - To permit a reduction in landscaping requirements. U.P. Request - To permit the establishment of a pizza restaurant. Subject property is located at 6535 Edinger Avenue (north side of Edinger approx. 150 ft. east of Edwards Street. ehairman Smith introduced both applications and stated both are categorically exempt, Class. 3, under the California Environmental Quality Act of 1970. Staff informed the Board Members that the applicant is proposing to expand the kitchen area of his pizza establishment and enclose the patio area without satisfying landscaping requirements. The site presently is void of landscaping and is located to the rear of the property (northeast corner) behind Chalet Liquor and Kentucky Fried Chicken. The rear of the restaurant abuts a fifteen (15) ft. private easement. Thirty-eight parking spaces are required with onl thirty-four onsite parking spaces proposed. The addition of require landscaping would necessitate the removal of at least two (2) onsite parking spaces compounding the parking shortage. J I -6- BZA 2/22/84 Minutes: H.B. Board February 22, 1984 Page Seven of Zoning Adjustments The public hearing was opened by Chairman Smith. Mr. Norbert Waters, proprietor, addressed the Board. He mentioned that they have been in business at this particular location for eighteen years and since his neighbor, Mc Donald's, has improved their site he feels it necessary to improve his restaurant. He displayed permits issued previously on the property dating back to 1966. He said most of their business is take-out. The site is under three separate leases, with joint use of parking, under one ownership. As the applicant leases only the portion under his portable building, it was felt that the applicant should restripe the parking area meeting Code standards considered to be a trade-off for landscaping. John Linde, 6562 Limerick Drive, abutting private easement located directly behind the restaurant stated he felt a six (6) foot high wall the full length of the property (separating commercial property from residential property) should be a condition of approval to deter noise and odors generated from the kitchen. Mr. Linde was informed that the proposed kitchen expansion will have to comply with the Building Code. John Catalano addressed the Board and spoke in favor of the proposal. He stated the expansion of the kitchen will provide better service to the clientele. The enclosed patio area (without increased seating) will give the building a face-lift allowing them to be competitive with their neighbors. The public hearing was closed by Chairman Smith.on both applications. Conditions for approval were discussed. ON MOTION BY SMITH AND SECOND BY CROSBY, CONDITIONAL EXCEPTION NO. 84-8 WAS GRANTED WITH FINDING, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL - C.E. NO. 84-8 1. Approval of this request will not constitute the granting of a special privilege. The shape, configuration and location of structure on the site, and the location of existing parking spaces would place an undue hardship on the applicant if Code required landscaping was conditionally required. 2. Approval of this request is necessary for the preservation and enjoyment of one or more substantial property rights. CONDITIONS OF APPROVAL - C.E. NO. 84-8 1. All applicable conditions imposed on U.P. No. 84-10 shall apply. 2. The applicant shall submit to the Department of Development Services for review and approval a landscape plan satisfying the greatest amount of landscaping addition felt to be reasonable by staff taking into consideration parking problems and the property owner's -7- BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Eight willingness to agree to additional landscaping that may be added to the property outside of the applicant's leased area. 3. A six (6) ft. block wall (matching the existing six (6) ft. block wall immediately to the east of this property) shall be constructed the full width of the north property line. AYES: Crosby, Smith, Godfrey, Vincent NOES: None ABSTAIN: None ON MOTION BY SMITH AND SECOND BY VINCENT, USE PERMIT NO. 84-10 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL - U.P. NO. 84-10 1. The proposed expansion of the existing pizza business is compatible with surrounding land uses which include residential to the north and commercial to the east, west and south. The facility is currently separated from the existing residential housing by a 15 ft. easement and the required six (6) ft. high wall to be constructed. CONDITIONS OF APPROVAL - U.P. NO. 84-10 1. The site plan and floor plans received and dated February 9, 1984 shall be the approved layout. 2. A revised site plan shall be submitted depicting the modifications described herein: a. Elevations showing in detail the improvements to the structure including building materials, colors and building height. 3. Prior to issuance of building permits, the applicant shall submit the following plan: 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 equip- ment. 4. The development shall comply with all applicable provisions of the Ordinance Code, Noise Code, Uniform Building Code, and Fire Code. Prior to occupancy, the existing structure shall be made to conform to all Building Division and Fire Department regulatio 5. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. -8- BZA 2/22/84 1 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Nine 6. All signs shall comply with Article 948 of the Huntington Beach Ordinance Code. 7. 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. 8. Prior to issuance of building permits the applicant shall restripe the parking lot so that it conforms to the provisions of Article 979 of the H.B. Ordinance Code. 9. The private easement shall be permanently resurfaced with the pot holes filled to the satisfaction of the Engineering Department. 10. A six (6) foot high block wall shall be constructed across the rear of the property 100 ft. in length. 11. Exhaust venting to be aimed away from residential property. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-3 Applicant: Charleen C. Covina To permit a cocktail lounge utilizing joint use parking. Subject property is located at 6041 Bolsa - Units 8 and 9. Chairman Smith introduced the applicant's proposal and stated that, per Section 15105 of the California Environmental Quality Act;of 1970, this request is a Class. 5 - Categorically Exempt. Staff's suggested conditions for approval were discussed with the applicant. Mr. Paul Hendifer, property owner, questioned why the building had to be sprinkered. He was informed that for 2,400 sq. ft., allowing an occupancy load of 160 persons (15 sq. ft. per person) would require sprinklering of the building for the protection of his clientele; that an occupancy load of under 150 persons would alleviate this require- ment. Mr. Hendifer stated that there was a possibility that seating in the bar area would have to be cut down. Hours of operation of the proposed use, in conjunction with other uses on the site utilizing joint use parking, were satisfied. -9- BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Ten ON MOTION BY VINCENT AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-3 WAS GRANTED WITH THE FOLLOWING CONDITIONS OF APPROVAL IMPOSED, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. The floor plan and elevations received and dated February 8, 1984 shall be the approved layout. 2. Hours of operation shall be limited to 6:00 p.m. to 2:00 a.m. seven days per week: a. Hours of operation for the deli and art gallery shall be limited to 9:00 a.m. to 6:00 p.m. seven (7) days per week so that a parking shortage does not occur. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 5. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 6. The door(s) facing the residential property shall be kept closed at all times and shall be equipped with panic hardware for emergency exit only. 7. Use shall abide by the Noise Ordinance. There shall be no live entertainment, disc jockey, juke box or amplified music. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 84-559(W) Applicant: Mr. Frank E. Lovell To permit waiver of parcel map - to consolidate three (3) existing lots into one (1) lot through the eradication of lot lines. Subject property is located on the east side of Delaware Street approximately 50 feet north of Lincoln Avenue. The applicant's request was introduced by Chairman Smith who informed all concerned that this request is categorically exempt, Class. 5 under the California Environmental Quality Act of 1970. -10- BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Eleven Staff informed the Board Members that the lot consolidation will permit a 145 sq. ft. addition to an existing dwelling. Upon the Board's review of the plat map it was determined that all necessary requirements for a waiver of a parcel map were met. Mr. Lovell, applicant, concurred with the Conditions of Approval. ON MOTION BY CROSBY AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 84-559(W) WAIVER WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDING FOR APPROVAL: 1. The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision section of the Ordinance Code. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF BUILDING PERMITS: 1. The plat map received by the Department of Development Services on February 9, 1984 shall be the approved layout. 2. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed (if such .system exists within 200 feet of said parcel). 3. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed (if such system exists within 200 feet of said parcel). 4. Compliance with all applicable City Ordinances. 5. The applicant shall file, through the Huntington Beach City Clerk's office, and have recorded with the Orange County Recorder's office, a certificate of compliance in conjunction with the approved plat map. A copy of the recorded certificate of compliance and plat map shall be filed with the Department of Development Services prior to final inspection. AYES: Godfrey, Smith, Vincent, Crosby NOES: None ABSTAIN: None -11 - BZA 2/22/84 Minutes: H.B. Board of Zoning Adjustments February 22, 1984 Page Twelve THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE MONDAY MORNING STUDY SESSION ON FEBRUARY 27, 1984 AT 10:00 A.M. Glen K. Godfrey, Secretary Board of Zoning Adjustments -12- BZA 2/22/84