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HomeMy WebLinkAbout1984-03-28MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, MARCH •28, 1984 - 1:30 P.M. LA BOARD MEMBERS PRESENT: Godfrey, Smith,.Evans, Vincent STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION.BY EVANS AND SECOND BY GODFREY, THE MINUTES -OF THE REGULAR MEETING;OF FEBRUARY.- 29,, 1984', WERE- APPROVED) AS_ T.RANS- CRIBELl • BY-' THE-: FOLLOWING: VOTE: AYES: - NOES: ABSTAIN:. - ABSENT:, REGULAR AGENDA ITEMS: Godfrrey,. Smith,• Evans, None None Vincent. CONDITIONAL EXCEPTION NO. 84-14- Applicant• Corbin/Yama-fuj'i &-Partners, Inc. To permit: a) -, a reduction, of- turning- radius- from 27 ft. to. 25' ft.,. b) to permit a reduction -in parking -space length by providing.2-1/2- ft. of. additional landscaping and- c): landscaping to- allow the 2-1/2 ft. landscape strip to be- included- in minimum landscape. percentage requirement. Site' location. is 15922* Pacific Coast- Highway• (Mariner's Pt,..); The applicant's request-wasintroduced- by, Chairman. Smith who stated that this'proposal is categorically - exempt, Class.. 5, under the -- California Environmental Qua_lityr Act-. of 1:970.. Staff informed the Board that this -project -was -previously -approved and not discovered until actual construction commenced that landscaping - and parking requirements -as shown_ on. their_ building, plans can not. be met. The schematic plans approved lack: a critical-2 ft., 6- in.. auto Minutes: H.B. Board of Zoning Adjustments March 28, 1984 Page Two overhang dimension. This oversight impacts eleven compact parking stalls required for the building as designed. The applicant is proposing a twenty-five ft. turning radius in lieu of the Code required twenty-seven ft., overhanging one-half ft. into the land- scape planter. The public hearing was opened by Chairman Smith with Mr. David Christian present to speak -in favor of his proposal. He stated that it was not their intention to have the 216" overhang not clearly illustrated on their original plan. He mentioned that in several cities throughout the United States a 20 - 24 ft. turning radius is usually considered acceptable for backing up of autos. Mr. Christian was asked if he had any objection to moving the curbing forward, reducing the landscaping within the front setback from 1216" to 10' allowing for full compact stall size (8' x 151) with no portion overhanging into the landscape planter area. This would provide a twenty-five ft. turning radius felt not to impair vehicular maneuverability. Mr. Christian stated his concurrence. There being no one else present wishing to speak in favor or opposition of the applicant's request., the public hearing was closed. ON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION NO. 84=14 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS: 1. The granting of a reduction in turning radius for compact spaces will not impair vehicular maneuvering. 2. 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. 3. The qranting 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. A:revised site plan shall be submitted to the Secretary of the Board for review and approval prior to issuance of building perm its . -2- BZA 3/28/84 Minutes: H.B. Board of Zoning Adjustments March 28, 1984 Page Three 2. Compact parking stalls shall be 8 ft. x 15 ft. with no portion of that length overhanging landscape planter area. AYES: Evans, Smith, Godfrey NOES: None ABSTAIN: Vincent CONDITIONAL EXCEPTION NO. 84-15 AND ADMINISTRATIVE REVIEW NO. 84-12 Appl.: Hugh Seeds C.E. Request: To permit: a) encroachment into 50 ft. setback, b) encroachment into sight angle. A.R. Request: To permit an addition to existing buildings. The applications were introduced by Chairman Smith who stated that the Conditional Exception was a Class. 5 and the Administrative Review was a Class.l, both categorically exempt under the California Environmental Quality Act of 1970. Staff reported that th_e overall site plan for the commercial shopping center has sufficient parking for the proposed additional square footage of floor area. Staff, upon analysis, generally felt that as the commercial building to the south is located at a ten (10) ft. setback, the applicant's proposal would be compatible. Additionally, that as a glassed -in greenhouse is proposed fronting the facility, impact would be minimized giving the appearance of an open area. Suggested Conditions of Approval were discussed. The public hearing was opened by Chairman Smith. Walter Lipps, speaking in favor of the proposal, stated that.he felt the greenhouse would mitigate the encroachment and that the additional landscaping provided in the front setback will enhance the street scene. A rendering was displayed for viewing felt to permit integrity of design (retention of -landscaping, parking and circulation) allow- ing the applicant equitable potential use of the property. Mr. Lipps stated the proposed addition to the subject building is to accommodate a first-class restaurant and gourmet delicatessen/winery shop of a calibre that will be an asset to the surrounding properties. He. pointed out that -the -subject shopping center location is unique in that it is situated between -an office -professional zone to the south upon which an existing -office building is constructed within 10 ft.'of the right-of-way, providing no sight angle visibility to the applicant.'s existing building,.and'a non -conforming service station site to.the north upon which'structures are located within ten feet of thd,right- of-way. Hugh Seeds and Ken Bourguignon felt that as more than minimum requirements required by the Code are.being provided to develop the property,approval-should be granted. -3- BZA .3/28/84 Minutes: H.B. Board of Zoning Adjustments March 28, 1984 Page Four Helen Psaros, 3531 Venture Drive, spoke in opposition of the project. She stated that at the intersection of Bolsa Chica and Edinger there are alot of accidents -'and -felt the proposed use would add to the hazardous situation. Mrs. Psaros felt onsite parking would become impacted and that the requested encroachment would block :the sight visibility of people making.'arght.:_harn into the shopping center. She felt the fifty (50) ft. setback should be maintained. The public hearing was closed by Chairma'n.-Smith -"' Board discussion ensued covering the additional landscaping proposed within the front setback considered to be a trade-off for the encroach- ment -tying in with the.adjacent property, circulation, the fact that the parcel-'zs=-unique- because: -of -..the 'encroachment of the building located -to the south felt to be a hardship as it hinders visibility, etc. Theapplicantstated,;he was amenable to additional landscaping inside_-o£-tiie:-gla°seed-in'-'greenhoiise7but --felt,,seat ing "Within this particular.,-area.was necessary. Secretary Godfrey did not concur with dining---within-the the green�-house area. The applicant was informed_ that overhead fire sprinklers were a requirement. ON -MOTION BY VINCENT AND`SECOND"BY SMITH; CONDITIONAL�EXCEPTION-NO. 84-15 WAS CONDITIONALLY 'APPRdVED AS'I.OLLOWS; "SUC'CEEbED BY VOTE: FINDINGS - G.E. NO. 84-15 =`- - 'Q7 - i:-` 'The proposed encroactimdnt=`="into required=setback is consistent "`with the setback for th'e adjacent site to the south. '2., fhe proposed encroachment -into the sight angle is minimized by the proposed greenhouse addition. 3.k Additional= -intensive landscaping will be provided to reduce visual impact of encroachment. ,CONDITIONS. OF APPROVAL - 'C.E.-:N0=-84=1-5 •'-• --- 1. The,` site plan_ and elevations -submitted March_-�9, `-1984,` . shall be -the' approved- Payout. =: __.-._. �,. _ v . 2. 'Adjacent to `-the property `---line and 'south"of 'the7�Bolsa -'ChiCa Street _ "driveway to':the south property --line; a-two=foot wide strip of the public -right-of-way sidewalk :shall. be _,sawcut, sidewalk --removed, and an'intensified landscape`plante`r installed; meeting standards of Publ-icrTW6rks Department and approval of the -City Engineer. .27' 3. The property, owner. shall enter into,a maintenance agreement with ;the . City -;of '_Hunti ngtorx tBeacYi. -_ 4.- The "first -,thirty-six `(36) .1. fiches or equivalent ;of; -glassed -in greenhouse area shall -be -architecturally treated with landscaping. -4 BZA 3/28/84 Minutes: H.B. Board of Zoning Adjustments March 28, 1984 Page Five AYES: Vincent, Smith, Evans NOES: Godfrey ABSTAIN: None ON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 84-12 WAS GRANTED WITH CONDITIONS FOR APPROVAL AND VOTE FOLLOWING: CONDITIONS FOR APPROVAL - A.R. NO. 84-12 1. The conceptual site plan and elevations received and dated March 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 Department of Develop- ment 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.' 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division,.and Fire Department. 4. Proposed structures shall be architecturally compatible with existing structures. Elevations of office additions shall be submitted to the Secretary of the Board prior to issuance of building permits. 5. Low -volume heads shall be used on all spigots and water faucets. 6. 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. 7. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lightingshall- be _di"rected to prevent "spillage" onto adjacent properties. 8. If foil -type -insulation is to be used,"a fire retardant type shall_ be installed as approved by the Building Division. 9. A fire sprinkler system shall be installed meeting the standards of the Fire Code. AYES: Evans; Smith, Vincent NOES: Godfrey ABSTAIN: None . -5- BZA 3/28/84 Minutes: : H.B. Board of Zoning Adjustments March 28, 1984 Page Six USE PERMIT- NO: 84-18 Applicant: Mr. Rudi Van Mil To permit 3,200-'sq. ft. drive-thru - Bldg. "D", 2,400 sq. ft. retail and '2-, 000 sq. 'ft:: 'office second story - Bldg. "C" . Site location is northwest corner of Beach Boulevard and Slater Avenue. The proposal was­intioduced by Chairman Smith who informed all concerned that this request, is covered by Negative Declaration No. 78-23 Staff reiterated.. that as a condition for approval -of Use Permit No.` 83-40 covering entitl'ementf=for `construction of the shopping center-,"aconditaon' was imposed .for Pads C and D that prior to development' `approval 'would have to `Yie -granted-,for 'tYieir-`use via the permit _proce_ss . The. appl'ica'nt' •is_ 'requesting' to use Building "C "` -for�"reta11 and Building -"D"-_`for` a Wendy Drive=.thru restaurant.- "Although -the Code -allows ten,parking-spaces`to'be counted in the drive-thru portion-_the.,site is still ,deficient. by ,twentyr two_ parking4_spaces. Should. the. applicant, enter. into a.. reciprocal, park-i,ng_' and,'-acces-s agreement,._with. the _adjacent; shopping center-.(under.;the same` ownership total -,parking;- for the, enure_ j��i.tes =wou] d` 'still, -bej; short three parking space.. Staff .is _not .in_ favor -.of; integrated. pa:Eking _on' both .sites. Add itionall--.,,,that the, drive=;tYir i portion: of ',the= r;e_Staurdnt­ his too - close, -to._thb; entrance/exit oil; Slater Avenue_ _felt` -to :create - congestion. _ .. The- public heari-ng wa s opened by CS irmbCn 'Smith .' Mr. Van Mil, applicant, addressed the Board: He said that Building "D" can ;not..be relocated -creating?.an ;easement. to give.;his„applicant the drive=_thr_u_. He stated that ;ou_ r . Traf tic Department: reviewed_ their - plan and 'had'_no .adverse comments: He introduced ;M!: 'Car1_ Wayne, Director of. Operations ,for .Wendy'_s._. _, Mr:: Wayne =t _explained heir operation arid;_felt as theix_;customers _are in; -and but" -within, thirty seconds 'there -would be no- possibility of -"a stacking_',problem. - The possibility of a traffic'confl`ict':with.-people entering the property from -,two different direct ori,s ;was `explained- _to ;the :applicants. There ;being: no one ,else present wishing: -to _`speak_- in favor --or' opposition of the ,applicaanth ,proposal'the public hearing was 'closed: After considerable Board dkscifssion,,.onsite circulation for the drive'-thru could'not-be justified. ON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 84=18 WAS DENIED WITH'FINDINGS AND VOTE.FOLLOWING: -6- BZA 3/28/84 Minutes: H.B. Board of Zoning Adjustments March 28, 1184 Page Seven FINDINGS FOR DENIAL: 1. The onsite parking requirement provided for the proposed structures is deficient. Twenty-one spaces and ten spaces allowed in the drive-thru lane require reciprocal parking with adjacent commercial center. The combined total requirement based on use is three more than provided. 2- The drive-thru concept has the potential of creating a hazardous . onsite circulation pattern. 3. The drive-thru concept has the potential of creating a hazardous ingress and egress traffic impact. AYES: Godfrey, Evans, Smith, Vincent NOES: None_ ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-11 Applicant: Mr. DeWayne Brown c/o John Hewitt by Del Chan Co., Ltd. To permit the construction of a 20,000 sq. ft. concrete tilt -up office/manufacturing building. Site location is at the southwest corner. of Graham and Bolsa. The proposal was introduced by Chairman Smith who stated this request is covered by E.I.R..No. 73-16. Staff informed the Board Members thatthe applicant's plan as submitted has some internal circulation problems. The applicant has requested a two week continuance to rework his plan. ON MOTION BY GODFREY AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84-11 WAS CONTINUED TWO WEEKS, TO THE APRIL 11, 1984 MEETING, BY THE FOLLOWING VOTE: AYES: Godfrey, Vincent, Evans, Smith NOES: None .ABSTAIN:, None ADMINISTRATIVE REVIEW NO. 84-15 Applicant: Mr. -Robert Stellrecht To permit construction.of a research/development commercial dffice building approximately 18,905 sq. ft. Site location is on Bolsa Avenue (east side of Graham Street - north side of Buckingham Street) Lots 1 and 20. Chairman Smith outlined the applicant's request and -stated that this proposal is covered --by E.I.R. 73-16.' -7- BZA 3/28/84 Minutes:_ H:B. Board of -Zoning Adjustments-, March 28, , 1984 Page_ Eight Staff informed -all concerned that at the time of original develop- ment;of Tract 9879, the developer was granted approval for all reciprocal ingress and egress. The subject property (Lots 1 and 20) will -share -reciprocal -driveway easements on Buckingham and-Bolsa Avenue with. --adjacent property- owners The,applicant was informed that on the reciprocal drives loading/unloading is not permitted. Mr. Stellrecht submitted a -revised -floor area designation chart for the Board's -review. It was determined that. t_he applicant -Is, plan will not;'accommodate additional- office use. ' Mr. Stellrecht stated he is primarily interested in industrial use of the property. Fifty -Five ; (55)...parking spaces: are ,proposed --four.-faced with twenty-on`e compact spaces provided in lieu�of­twerity-two maximum allowed (40%). It was the consensus of the Board Members that the applicant's plan -established _standards of design and -type of use compatible- within the.Ml-A Zoning district., :-, ON MOTION BY-EVANS AND SECOND -BY SMITH, -ADMINISTRATIVE REVIEW NO. 84-15 WAS GRANTED WITH CONDITIONS FOR APPROVAL,AND VOTE FOLLOWING:' _... CONDITIONSOFAPPROVAL: 1.1 The -site, -plan and ,elevations received and dated -March; _14, 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 -Department 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. 3. The'de-velopment shall. comply'with--all"applicabl`e-provisions of: the:,Ordinance Code,- Building, Division, aInd__F'ire Department. 4. Driveway approaches shall be a minimum of twenty-seven (27) in width -and shall be-of-radius,type construction. 5. Onsite fire hydrants shall be ;)rovided in -number and at locations specified by the -Fire Department- 6 Any signing propos<-d shall con:,Aiy with Article 97G o. tho 1untinaron Reach Ordinance Cade. 7., Y,ow volume iinzids shall ''D used can all s;.:-i9,7)ts lti,! wator "at:ccts. _8_ .BZA .3,1'28/84 1 Minutes: H.B. Board of Zoning Adjustments March 28, 1984 Page Nine 8. 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. 19. If lighting is included in the parking lot; high-presssure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 10. 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. 11. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 12. Maximum separation between storage yard wall/fence and property line shall not exceed two (2) inches. 13. The four (4) covered parking spaces shall not be used for loading or unloading. 14. The uses within the proposed structure shall not create a parking requirement in excess of fifty-five (55) spaces as provided on the approved site plan. 15. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 16. There shall be no outside storage except in area designated storage yard. 17. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours -of -.the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit (s) . 18. Prior to issuance of building permits, the subject property owner shall submit a copy of reciprocal driveway easements .between the subject site and adjacent properties. 19. Prior to issuance -of building permits, the applicant shall file a parcel map or parcel map waiver to consolidate Lots 1 and 20 of Tract 9879. The•parcel map or plat map and notice shall be -�- BZA 3/28/84 Minutes: H.B.-Board of Zoning Adjustments March 28, 1984 Page Ten recorded with the Orange County Recorder and -a -"copy of"the recorded map or plat filed with the Departmerit "bf Development Services prior to final--"inspections-or occupancy: = AYES: Godfrey, Evans, Smith,,`- Vincent_ _-• NOES: None ABSTAIN: _ None -- THERE BEING;NO FURTHER BUSINESS, -"THE -MEETING WAS ADJOURNED. Glen-K. 'Godfre Secretar ' Board of Zoning Adjustments 1 -1 -10- BZA 3/28/84