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HomeMy WebLinkAbout1984-04-18MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, APRIL 18, 1984 - 1:30 P.M. 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 MARCH 21, 1984 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent NOES: None ABSTAIN: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 84-19 In conjunction With ADMINISTRATIVE REVIEW NO. 84-22 Applicant: The Kar Kare Company C. E. Request - To permit a seasonal parking lot in excess of time limit of two (2)- years maximum. A.R. Request - To permit a seasonal parking lot. Site location is between 2nd and 3rd Streets on Pacific Coast Highway. Chairman Smith introduced'both applications and stated that the proposals are categorically exempt, Class. 1, under the California Environmental Quality Act of 1970: The applicant has once again exercised his option to renew the Lease for the City -owned property. Staff informed all concerned of the new ordinance which is being enacted allowing a maximum of five (5) successive summer seasons, in lieu of two (2), subject to annual approval of an Administrative Review application by the Board of Zoning Adjustments. Any seasonal parking lot which has operated for five (5) consecutive summer seasons may thereafter be required by the Board to conform to the requirements set out in Section S.9730.56 of the Ordinance Code for temporary commercial parking lots. Minutes; H.B. Board of Zoning Adjustments April 18, 1984 Page Two Two comments were received from the Traffic Bureau of the Police Department; concern with the location of the entrance and crosswalk. Mr. Bonanni has met with the Police Department personnel and has made allowances for these areas. Conditions for approval were discussed in detail with the applicant. Mr. Bonanni was informed that prior to opening of the seasonal parking lot all standards, requirements and improvements shall be installed. The parking lot shall then be inspected and approved by the City prior to issuance of a certificate to operate. Mr. Bonanni felt he could comply with the standards and conditions to be setforth.' ON MOTION BY VINCENT AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 84-19 WAS GRANTED WITH FINDINGS AND CONDITION OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL - C.E. NO. 84-19 1. The granting of this Conditional Exception will not constitute a grant of special privilege inasmuch as the Ordinance Code is currently being revised to allow seasonal parking lots for a maximum of five successive summer seasons. 2. The subject site is owned by the City of Huntington Beach and leased for the operation of a seasonal parking lot. This site is also within the boundaries of the Downtown Redevelopment Area. 3. 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. 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. CONDITION OF APPROVAL: 1. The conceptual site plan received March 28, 1984, shall be the approved layout. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None ON MOTION BY EVANS AND SECOND BY VINCENT, ADMINISTRATIVE REVIEW NO. 84-22 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: -2- BZA 4/18/84 Minutes: H.B. Board of Zoning Adjustments April 18, 1984 Page Three CONDITIONS OF APPROVAL - A.R. NO. 84-22 1. The parking lot shall be totally enclosed to prevent indiscriminate pedestrian access to Pacific Coast Highway prior to opening of the parking lot on May 25, 1984. 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three (3) feet in height, solidly built. As a minimum, posts shall consist of 4" x 4" wood or equivalent metal posts a minimum of one and one-half (1-1/2) inches in diameter securely set in the ground and placed eight (8) feet on center. The posts shall be connected with at least one (1) strand of one-half (1/2) inch cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. 3. Lots shall be surfaced to meet specifications of the Public Works, Fire and Development Services Departments for support of vehicles and to provide dust control. 4. All aisle dimensions, bay depths, driveway widths, circulation and turning radii, shall comply with Article 979 and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. 5. All striping shall be accomplished and approved before May 25, 1984. 6. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. 7. Lots shall be secured to prevent overnight parking between the closing hour on one business day and the opening hour the following business day. 8. An attendant shall be on duty at all times during business hours. 9. Directional and informational signs shall be displayed onsite to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. Onsite signs shall not exceed twelve (12) square feet and shall not be more than eight (8) feet high, nor less than six (6) feet high. Said signs shall be removed from the site each season no later than the third weekend each September. 10. An approved fire extinguisher shall be provided on the premises during business hours. -3- BZA 4/18/84 Minutes: H.B. Board of Zoning Adjustments April 18, 1984 Page Four 11. A certificate of insurance and a hold harmless agreement, in an amount required by the Chief of Administrative Services, shall be filed in the Administrative Services Department. 12. The conceptual plot plan received March 28, 1984, shall be approved by the Department of Public Works for internal circulation ingress and egress. 13. An inspection shall be made by Land Use and Public Works Department to insure that the above Conditions imposed have been met prior to opening of business May 25, 1984. AYES: Godfrey, Evans, Smith, Vincent NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 84-570 Applicant: Mr. Ray Mercado To permit consolidation of five (5) lots into one (1) parcel. Subject property is located at 18551 through 18691 Main Street - Loehmann's Five Points Plaza. Following introduction of the applicant's request, Chairman Smith 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 consolidation of five lots will provide for one legal building site. Future development was approved on C.E. No. 84-3 and U.P. No. 84-5. Ray Mercado, applicant, was present to speak in behalf of his request. He said the property is unique in that it's completely emcompassed within the public right-of-way. Due to time constraint, as dedication, etc, have been satisfied, Mr. Mercado asked if a waiver of the parcel map was possible. He was informed that as the consolidation consists of five (5) lots, in lieu of four (4) lots or less, that per Article 992 of the Ordinance Code and Subdivision Map Act, a waiver may not be granted. ON MOTION BY EVANS AND SECOND BY VINCENT, TENTATIVE PARCEL MAP NO. 84-570 WAS CONDITIONALLY APPROVED WITH FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS FOR APPROVAL: 1, The proposed consolidation of five for purposes of building additions and shape of property necessary for (5) lots into one (1) parcel is in compliance with the siz that type of development. -4- BZA 4/18/84 �1 Minutes: H.B. Board of Zoning Adjustments April 18, 1984 Page Five 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 Community Business District, allowing commercial 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 City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: 1. The tentative parcel map received by the Department of Develop- ment Services on March 6, 1984, 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. 3. Main Street shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed (if such systems exist within 200 feet of said parcel). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed (if such systems exist within 200 feet of said parcel). 6. All utilities shall be installed underground at the time said parcel is developed. 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel shall be filed with the Department of Development Services. 9. The underground storm drain shall be dimensioned and dedicated as an easement to the City of Huntington Beach. AYES: Godfrey, Smith, Evans, Vincent NOES: None ABSTAIN: None -5- BZA 4/18/84 Minutes: H.B. Board of Zoning Adjustments April 18, 1984 Page Six USE PERMIT NO. 83-36 Applicant: Burger King c/o Robert Wong Original Request approved 9/7/83 To permit the expansion of an existing building and location of play- ground. RECONSIDERATION OF CONDITION NO.3 IMPOSED AS FOLLOWS: Prior to issuance of building permits the applicant shall submit to the Secretary of the Board for review and approval, the design and specifi- cations for the drive-thru speaker system. Said system shall be of a passive type design i.e. where there is no audible message. Chairman Smith introduced the applicant's request. Secretary Godfrey addressed the Board and stated that the original approval allowed a change in the circulation pattern for the Burger King drive-thru to accommodate a playground. A condition was imposed which would attenuate noise to the residential area located to the west of the restaurant that the drive-thru speaker system be of a passive type design i.e. where there is no audible message. The applicant has discovered that although thought to be available, no such system exists but is imminent for the near future. The applicant secured the services of John Hilliard & Associates, an acoustical engineer, with a report submitted to the Board. It was stated that the results of the report, wherein a barrier/wall/canopy design was recommended, was discussed with Mr. Ellwyn Brickson, Administrator, for the County of Orange in relation to City's noise ordinance. It was his suggestion that by orientation of a dish -type speaker aimed directly at the driver set at barely audible, would prevent broadcasting over the property line. Many mitigating measures were discussed; i.e. possibility of relocation of the speaker box, use of a canopy over the speaker aimed at the driver, dB(A) levels allowed within varied time periods, barrier/wall, etc. Secretary Godfrey was not in favor of.the request as he felt the system proposed would constitute an annoyance to the adjacent residential area. The remaining Board Members felt that the wall/canopy design would reduce the projected noise levels from the order taking speaker on the approved addition to the. adjacent residential property line and reduce to 57 dB, stated to be about three (3) points less than the ambient noise levels. ON MOTION BY EVANS AND SECOND BY VINCENT, CONDITION NO. 3 IMPOSED ON USE PERMIT NO. 83-36 WAS REVISED TO READ AS FOLLOWS, SUCCEEDED BY VOTE: -6- BZA 4/18/84 i Minutes: H.B. Board of Zoning Adjustments April 18, 1984 Page Seven CONDITION OF APPROVAL NO. 3 REVISED TO READ AS FOLLOWS: 3. Prior to issuance of building permits, the applicant shall submit to the Secretary of the Board for review and approval the design and specifications of the canopy structure to house drive-thru speaker. Said system shall be of a design as illustrated and described in John Hilliard and Associates "Acoustical Analysis for Burger King" dated March 19, 1984. The canopy structure shall be architecturally compatible with existing structure and shall meet all City ordinances. AYES: Evans, Smith, Vincent NOES: Godfrey ABSTAIN: None USE PERMIT NO. 84-18 Applicant: Mr. Rudi Van Mil Reconsideration - 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 at the northwest corner of Beach and Slater. Secretary Godfrey reiterated that reconsideration was granted to the applicant on the basis of his returning to the Board with a completely different circulation plan. A call was received from Mr. Van Mil's authorized agent wherein he requested a one -week continuance to allow additional time to complete their plans. ON MOTION BY EVANS AND SECOND BY SMITH, RECONSIDERATION OF USE PERMIT NO. 84-18 WAS CONTINUED ONE -WEEK, TO THE MEETING OF APRIL 25, 1984, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans, Vincent NOES: None ABSTAIN. None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE MONDAY MORNING STUDY SESSION AT 10:00 A.M. ON APRIL 23, 1984. Glen K. Godfrey, Secretary Board of Zoning Adjustments -7- BZA 4/18/84