HomeMy WebLinkAbout1984-04-04MINUTES
HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS
Room B-6 - Civic Center
2000 Main Street
Huntinqton Beach, CA
WEDNESDAY, APRIL 4, 1984 - 1:30 P.M.
BOARD MEMBERS PRESENT: Godfrey, Smith, Evans, Vincent
STAFF MEMBER PRESENT:
Pierce
MINUTES:
ON MOTION BY EVANS AND SECOND BY SMITH,
THE MINUTES OF THE REGULAR MEETING OF
MARCH 7, 1984 WERE APPROVED AS TRANS-
CRIBED BY THE FOLLOWING VOTE:
AYES:
Godfrey,
Smith, Evans, Vincent
NOES:
None
ABSTAIN:
None
REGULAR
AGENDA ITEMS:
CONDITIONAL EXCEPTION NO. 84-16
In Conjunction With
NEGATIVE DECLARATION NO. 84-7
And
ADMINISTRATIVE REVIEW NO. 84-14
Applicant: Herbert Nadel A.I.A. & Partners
C.E. Request: To permit parking space overhang into required 10 ft.
wide street perimeter landscape planter.
A.R. Request: To permit a 5,999 sq. ft. retail commercial building.
Site location - Southwest corner - Edinger and Sher Lane.
The Board Members were informed that staff has reviewed the applicant's
variance request and plans submitted for construction of a commercial
building at the intersection of Edinger and Sher Lane. A three (3)
foot encroachment into the ten (10) ft. perimeter landscape planter
for automobile overhang is being proposed. Staff does not feel
it is in the best interest of the City and is recommending denial
of the Conditional Exception as exceptional circumstances do not
apply which prevent the property from meeting established setbacks.
Minutes: H.B. Board of Zoning Adjustments
April 4, 1984
Page Two
Staff has taken basically the same concept and prepared an
overlay showing the same number of parking spaces, the building
and driveways in the same locations, etc. which will meet
the Code requirements. Compact parking, at a maximum of forty
(40) percent, along Sher Lane was utilized by staff. A little
overhang will prevail for standard size stalls which is allowed
by Code.
The public hearing was opened by Chairman Smith.
Kelly Kwan, of Herbert Nadel A.I.A. & Partners, was present
to speak in favor of their requests. The overlay was viewed
by the applicant noting that a two (2) ft. berm was shown to
screen the overcarriage of automobiles in place of one (1) ft.
berm presently existing. The applicant concurred with the
Board Members that by use of compact parking the turning radius
for automobiles was improved. It was agreed by the Board Members,
and the applicant, that the redesign allowed improved landscaping,
parking, access and circulation eliminating the need for the variance
request.
There being no one else present wishing to speak on the applicatio
the public hearing was closed.
The Board reviewed the information contained in the negative
declaration and considered mitigating measures.
ON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION
NO. 84-16 WAS DENIED BY THE BOARD OF ZONING WITH FINDINGS FOR
DENIAL FOLLOWING SUCCEEDED BY VOTE:
FINDINGS FOR DENIAL:
1. Because of the size, configuration, shape, and lack of unique
topographic features of the subject property, there does not
appear to be exceptional or extraordinary circumstances or
.conditions applicable to the land, buildings, or premises
involved that does not apply generally to property or class of
uses in the same district.
2. Since the subject property can be fully developed within regular
established setbacks, such a conditional exception is not
necessary for the preservation and enjoyment of substantial
property rights..
AYES: Godfrey, Evans, Smith, Vincent
NOES: None
ABSTAIN: None
-2- BZA 4/4/84
Minutes: H.B.
April 4, 1984
Page Three
Board of Zoning Adjustments
ON MOTION BY EVANS AND SECOND BY VINCENT, THE BOARD HAVING FOUND
THAT THE PROPOSED PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE
EFFECT ON THE PHYSICAL ENVIRONMENT, ADOPTED NEGATIVE DECLARATION
NO. 84-7, WITH MITIGATING MEASURES AS IMPOSED ON ADMINISTRATIVE
REVIEW NO. 84-14, BY THE FOLLOWING VOTE:
AYES: Godfrey, Evans, Vincent, Smith
NOES: None
ABSTAIN: None
ON MOTION BY EVANS AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW
NO. 84-14 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY
VOTE:
CONDITIONS OF APPROVAL - A.R. No. 84-14
1. A revised site plan shall be submitted depicting the modifica-
tions as prepared by Development Services incorporating a
maximum of 40 percent compact parking spaces.
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. Special architectural treatment shall be provided on the west
and south building walls. Such treatment is subject to approval
of the Department of Development Services.
4. Maximum separation between building wall and property line shall
not exceed two (2) inches.
5. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
6. Driveway approach on Sher shall be a minimum of twenty-seven
(27) feet in width and shall be of radius type construction.
7. Driveway on Edinger shall have'a minimum width of thirty (30)
feet and shall be of radius type construction meeting standards
of Public Works Department.
8. All signs shall comply with Article 976 of the Huntington Beach
Ordinance Code.
-3- BZA 4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4, 1984
Page Four
9. Proposed structure shall be architecturally compatible with
existing adjacent shopping center.
10. Low -volume heads shall be used on all spigots and water
faucets.
11. 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.
12. 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.
13. If_foil-type insulation is to be used, a fire retardant
_type shall be installed as approved by the Building Division.
14. 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.
AYES: Godfrey, Evans, Smith, Vincent
NOES: None
ABSTAIN: None
'CONDITIONAL EXCEPTION NO. 84-17
Applicant: Mr. Harlo V. Le Bard
To permit balcony to encroach two (2) ft. into required sideyard.
Subject property is located at 308 California.
Following introduction of the applicant's request, Chairman Smith
stated -that this proposal is categorically exempt, Class. 5, under
the California Environmental Quality Act of 1970.
Staff informed the Board Members that in June of 1983 this project
was before the Board requesting variances in setbacks --(approved)
for construction of a single-family home to be located adjacent
to a future park site.
The applicant's original plan approved consisted of a balcony
on the second floor. The applicant has since been in contact
with the Director of Community Services (also -confirmed to Board)
and informed that design plans have been finalized for Manning
Park with no structures proposed. Mr.' -Le Bard is now requesting
an.extension of the balcony with a portion of same encroaching
two (2) ft. into the required side yard.
-4- BZA 4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4, 1984
Page Five
The public hearing was opened by Chairman Smith with Mr. Jim
Severence present acting on behalf of the property owner.
Mr. Severence stated that as there are no structures proposed
for the park they would not be constructing a dwelling which
would constitute a fire hazard because of the proximity of the
balcony to the park; additionally, that the conditional exception,
if approved, would allow normal development on an irregular shaped
lot while maximizing the view.
There being no one present wishing to speak in favor or opposition
of the applicant's request, the public hearing was closed.
The applicant's plan was reviewed by the Board Members taking into
consideration the size of the proposed addition, the location of
the proposed park, lot configuration and necessary setback require-
ments mandated by the code justifying the applicant's hardship.
ON MOTION BY EVANS AND SECOND BY SMITH, CONDITIONAL EXCEPTION
NO. 84-17 WAS GRANTED WITH FINDINGS AND CONDITIONS OF APPROVAL
FOLLOWING, SUCCEEDED BY VOTE:
FINDINGS FOR APPROVAL:
1. The granting of this Conditional Exception will not constitute
a grant of special privilege inasmuch as the subject property
is located adjacent to a future park site.. A letter has been
received from Community Services Department stating no park
structures are proposed adjacent to the subject site.
2. The strict application of the zoning ordinance would deprive the
property of privileges enjoyed,by other properties in the
subdivision.
3. The proposal to construct a dwelling unit would be consistent
with what exists in the neighborhood.
4. The lot is of an irregular shape.
5. The granting of a Conditional Exception will not be materially
detrimental to the public welfare nor injurious to property in
the same zone classification.
6. 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 May 24, 1984, shall be the
approved layout.
-5- BZA 4/4/84
Minutes: H.B. Board -of -Zoning Adjustments,
April- 4, 1984-
Page Six--
2. The balcony shall be architecturally compatible with the
exi'sting, structure. ,under ---construction.
AYES: ---,:---Godfrey,, Smith,, -Evans, Vincent
NOES:, —None- - - 1 7
ABSTAIN:.-, None
USE -PERMIT NO. 84-20
Applicant: Foster -Walters, Inc.
To, permit, construction, o-f-:,,-a,-,2-J'336 sq-." ft.. servlce�7buil:ding - -
additiOrf. and' --canopy addition.'_--Zubj-ect Troperty•..i s,'-Ilocated at
17331-Beach Boulevard (Beach Motors).
Thegroposal"Iwas introducdd,,by Chairman Smith who stated that
this requesti- '--is- categoricallyI - - -- exempt,- --- Class. 3, under the California
Environmental Quality Act, -of 1970:
Staff,-ihformed the Board_Membersthat' 'a--visit-,to the site was
conducted and pictures taken which were submitted to the Board
for 'viewing. it was felt that --,the- site: plan-, as rsubmitted,
wass-not-lully dimensioned -.--=:Landscaping on the site is deficient
which will have to be increased to six (6) percent of the existing
site,. with -a- -six (6) - f t-.;-wide planter -,f ront ing. -. Beach- -Boulevard
plus three--(3-), ft. when�'automobiles-;are .displayed --in- -front.
The necessity..of.installing box trees on the north property line
was discussed adding to the landscape requirement.
The public -hearing was -opened.-, -There. -being no, representation,
the public --:hearing was- -,closed!_; , 7
Conditions for approval were discussed taking into consideration
onsite--,c:irculation, display ;areas -for--.automobiles, --parking and the
fact- that -shown, on the assessor-'s :map is--at,20 T t-,-x';-'20---f t. area
assumed ;to ',b an abandoned-'-Iwell--Irequiring.q-l..arification adjacent/under
an existing Fence.
ON MOTION -,`BY--EVANS ANDISECOND-BY-VINCENT, USE, PERMIT NO. 84-20
WAS CONDITIONALLY APPROVED.AS FOLLOWS, SUCCEEDED BY VOTE:
FINDINGS ,FOR APPROVAL:
1.
J
The establishment, maintenance and operation of
.be detrimental to:
a. The general welfare of persons residing or
ic inity;
b. i--Prdperty and
building.
the use will not
working in the
improvements , in the vicinity of such use or
2. The granting of a use permit will not adversely affect the
-6- 'BZA -4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4, 1984
Page Seven
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 depicting the
modifications described herein:
a. Landscape conformance as required by S.9792.10 requiring a
minimum of six (6) percent of the site be landscaped with a
six (6) foot wide (inside dimension) landscape planter
located along Beach Boulevard.
b. Five 15-gallon trees shall be placed in tree wells along
the north property line.
C. Status and location of the existing well site.
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 development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
4. All signs shall comply with Article 976 of the H.B. Ordinance
Code.
5. Proposed structures shall be architecturally compatible with
existing structures.
6. Applicant shall submit a well status report to the Department of
Development Services prior to issuance of building permits.
7. Low -volume heads shall be used on all spigots and water faucets.
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.
9. If foil -type insulation is to be used, a fire retardant type
shall be installed as approved by the Building Division.
-7- BZA 4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4-,• 1984`
Page -Eight
AYES: Godfrey, Evans, Smith, Vincent
NOES : None
ABSTAIN:_` None
NEGATIVE DECLARATION NO.°84-9
' 'AND
ADMINISTRATIVE REVIEW NO.'•84-17.;- _
Applicant• 'Rainbow Disposal co. Inc. -
To permit an increase in tonnage from 1,200 to 1,,500 tons daily.
Site'.locat'ion - 17121 Ni:6hols- _Str_eet-.
Chairman Smith introduced the application.
Staff informed all -concerned:�"that:Raihbow,-Disposal,Co.- an exist-
ing solid -waste -transfer-' statiori for commercial; '"industrial and
residential refuse, -is --proposing 'an 'increase, in -tonnage from
1,200_ to 1,500 tons daily. Rainbow Disposal has received approval
from the Orange County sol d'!"Waste' Enforcement -Agency--and,- if
approved 'by• -the Board, "iricreas-ed daily tonnage may commence.
Administrative -Rev iews3-No.'-8_3-13 and 82-12 approved an expansion
to the transfer station building felt to adequately serve the
increase -in' -'refuse created by the closing of the County of Orange
Transfer Station. _
Mr. Stanley F . Tkaczyk, - V :-P .•- ^of� Rainbow,' was present -to speak on
the regLtest: - He was informed that"`a condition of- approval imposed
on A: -R No.- 82-12 -requesting -,that,a parcels map consol-idating the two
parcels -
on one parcel;` �or in :the 'alternative; -provide an acceptable
recorded copy of a reciprocal drive easement has not been complied
with. -Tiie '-applicant stated this was an -oversight on their part;
that ' a -reciprocal drive, Ieasement =was •preferred' -arid -coiild be
submit'ted"to-the Board within thirty (30) days. He informed the
Board that they expect construction to be completed by mid -year,
1984. Loading, stacking`capabilities access,'circulation, and
use of a new 950 "B" tractor -were -discussed. Mr. Tkaczyk confirmed
that their services will be -open to the general public immediately upon
completion of their expansion: Fire Dept. concerns were discussed
i.e. stacking of debris 100/200 ft. beyond the extremity of the
building and -placement-of--fire7protective devices:"' --Mr. Tkaczyk
explained,that"at Christmas-time=they had a heavier influx which
created a -stacking problem -felt -to be alleviated upon completion
and use of the new addition; also, use of the new tractor purchased
since•that-time: They have-met--with--the-Fire Department, moved
their"fire protection devices to anotherLlodation-satisfying this
concern.
ON MOTION 1BY EVANS AND SECOND BY SMITH, NEGATIVE DECLARATION
NO. 84-9-AND-ADMINISTRATIVE-REVIEW-NO.=84-17 WERE -APPROVED AS
FOLLOWS, -SUCCEEDED BY VOTE:
-8- BZA 4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4, 1984
Page Nine
CONDITIONS OF APPROVAL:
1. The revised conceptual site plan dated March 15, 1984, shall
be the approved layout.
2. All pertinent Conditions imposed on Administrative Review
No. 82-12 and 83-13 shall be complied with.
3. A parcel map shall be submitted prior to final inspection,
or in the alternative, provide an acceptable recorded copy
of a reciprocal drive easement to the Secretary of the Board
within thirty (30) days.
4. Location of all existing fire protection system equipment
shall be approved by the Fire Department.
AYES: Godfrey, Evans, Smith
NOES: Vincent
ABSTAIN: None
ADMINISTRATIVE REVIEW NO. 84-20
Applicant: Charles Cook and Dr. James A. Ferlita
To permit a 1,570 sq. ft. addition to an existing building for
medical practice expansion. Subject site location is 6042
Bolsa Avenue.
Chairman Smith introduced the proposal stating that this request
is categorically exempt, Class. 1, under the California Environ-
mental Quality Act of 1970.
Plans for the second story addition to the existing medical
facility were discussed with Mr. C.M. Thomson, A.I.A. for the
project. The applicant stated that they are contemplating two
handicapped parking spaces in lieu of one (1) required by Title 24.
It was noted that the plan consisted of an overage of landscaping
and parking.
Conditions for approval were discussed taking into consideration
the fact that no change is proposed to the ground level.
It was the consensus of all of the Board Members that the applicant's
site plan was substantially in compliance with Code requirements
warranting approval of his request.
ON MOTION BY EVANS AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW
NO. 84-20 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE:
CONDITIONS OF APPROVAL:
1. A revised site plan shall be submitted depicting the modifications
-9- BZA 4/4/84
Minutes: H.B. Board.of Zoning Adjustments
April 4, : 1984
Page.Ten
described herein:
,a_. A -,minimum of one handicapped parking space shall be
provided near the building.
2.-_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
equipment.
3. The development shall comply.with all applicable provisions
of the Ordinance Code, Building Division, and Fire Department.
4. Proposed -addition sh_all.be,architecturally compatible with
existing structure.
5. Low -volume heads shall be used on all spigots and water faucets.
6.'A11 building spoils,.suc_h;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 foil -type insulation is to be used, a fire retardant type
shall . be, installed- as approved _by the Building -Division.
AYES: Godfrey, - Evans, -Smith, -Vincent.]
NOES: None
ABSTAIN -'None
TENTATIVE ,PARCEL MAP NO.; 84-567 (W)
Applicant: Mr. Earl N. Mazzari
To permit consolidation of portions of four (4) lots into one (1)
parcel by waiver of parcel map. Site location is 904 Acacia
Avenue., -
The request was introduced by Chairman Smith who stated that this
- proposal_ is categorically exempt, -per Section 15115, of the
California Environmental, Quality .Act of 1970. _ :-
- Staff informed the Board Members that the applicant is proposing
to add to his single-family residence of which plans are currentl
in Plan Check. -.
The corner radius at Acacia and Ninth was viewed by the Board and
felt not to be a problem. It was determined that all necessary
requirements for a•waiver of a parcel map were met,with the
procedure explained to Mr. Mazzari.
-10- BZA 4/4/84
Minutes: H.B.
April 4, 1984
Page Eleven
Board of Zoning Adjustments
ON MOTION BY GODFREY AND SECOND BY VINCENT, WAIVER OF TENTATIVE
PARCEL MAP NO. 84-567(W) WAS GRANTED, WITH FINDINGS, CONDITIONS
OF APPROVAL AND VOTE FOLLOWING:
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 require-
ments of Article 992 of the Subdivision section of the
Ordinance Code.
CONDITIONS OF APPROVAL:
1. The plat map received by the Department of Development Services
on February 17, 1984 shall be the approved. layout.
2. Compliance with all applicable City Ordinances.
3. The applicant shall file, through the Huntington Beach City
Clerk'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 issuance of building permits on
the subject property.
AYES: Godfrey, Vincent, Smith
NOES: None
ABSTAIN: Evans
MISCELLANEOUS ITEMS:
RECONSIDERATION OF CONDITION NO. 3 IMPOSED 9/7/83 USE PERMIT NO. 83-36
Applicant: Burger King
To permit the expansion of an existing building and location of
playground. Subject site is located at 16341 Beach Boulevard.
Condition No. 3 imposed - Prior to issuance of building permits,
-the applicant shall submit to the Secretary of the Board for review
and approval, the design and specifications for the drive-thru
speaker system. Said design shall be of a passive type design
i.e., where there is no audible message.
Secretary Godfrey stated that he was in receipt of a letter
received from Burger King asking for a reconsideration of Condition
No. 3. They have investigated the possibilities of a passive type
-11- BZA 4/4/84
Minutes: H.B. Board of Zoning Adjustments
April 4,,,1984
Page,Twelv-e'
order station along with other alternatives. They wish to
submit findings of John Hilliard & Associates for consideration.
ON MOTION BY SMITH AND SECOND BY EVANS,. RECO_NSIDERATION•OF CONDITION
NO. '-`3 _ =,`USE; PERMIT- NO..-83-36, WAS GRANTED BY THE FOLLOWING VOTE
TO -BE -REHEARD AT THE'APRIL 18, 1984 BOARD MEETING: -
'AYES:
NOES:
ABSTAIN:,_
.Godfrey,
Evans
None
'Smith, -..,Vincent
RECONSIDERATION OF DENIAL ACTION TAKEN 3/28/84
USE -PERMIT NO. 84-18
Applicant: Mr. Rudi -Van _Mil-
To permit 31200 sq. ft. drive-thru-- Bldg. "D", 2,400 sq. ft. retail
,.and. 2,000 sq. ft. office second -story - Bldg. "C". Site location
is on northwest corner of Beach and Slater.
The -Board of Zoning Adjustments denied Use Permit No. 84-18
.on -,March 28, 1984 as it was unanimously felt the on -site
"circuulation-pattern submitted would-- create a --hazardous situation.
Additionally, that the-- ingress- -and egress woiildd create traffic
impact.
The applicant has retained the 'services of Mohle, Grove & Assoc. -
municipal -'and transportation engineers,and has a new circulation
plan for, the proposed, drive-thru, window. for;; Wendy.'s'. Restaurant
felt" workable"taking.-into. consideration=the mixed
uses 'wi:thin'-the commercial center.
ON MOTION.BY GODFREY AND SECOND -BY VINCENTs.:RECONSIDERATION OF
DENIAL"ACTION OF USE•PERMIT-NO: 84-18 WAS_GRANTED BY THE FOLLOWING
VOTE - TO BE' REHEARD AT THE :APRIL_ 18 , : 19 8 4_ BOARD MEETING:-_
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 APRIL 9, 1984.
GlenK...Godfrey, Secretary
Board of Zoning Adjustments-
-12- BZA 4/4/84