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HomeMy WebLinkAbout1984-06-20MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 20, 1984 - 1:30 P.M. LA BOARD MEMBERS PRESENT: Godfrey, Smith, Evans, Poe, Vogelsang STAFF MEMBER PRESENT: Pierce MINUTES: ON MOTION BY'SMITH AND SECOND BY EVANS, THE MINUTES OF THE REGULAR BOARD MEETING OF MAY 16, 1984 WERE APPROVED AS TRANS- CRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Smith, Evans NOES: None ABSTAIN: Vogelsang, Poe REGULAR AGENDA ITEMS: RECONSIDERATION - ADMINISTRATIVE REVIEW NO. 84-38 Burger King Corporation To permit a 2,400+ sq. ft. restaurant building with drive-thru lane and playground. Site location is at Beach and Utica (within Newland Center) . Secretary Godfrey stated that subsequent to Board approval of Adminis- trative Review No. 84-38, it was brought -to his attention that interested parties have communicated that they believe the problem of inundation to the bowling center prcpwty line (north of the Newland Center property), adjacent to the proposed restaurant, was caused by the development of the Newland Center. Staff is recommending that a condition be added to the approval of Administrative Review No. 84-38 which stated "The applicant and/or property owner shall submit for approve to the City Engineer a plan resolving the drainage problem that occurs on the bowling alley property located north of the Newland Shopping Center". The applicant and a representative of Signal Landmark have agreed to sit down with our City Engineer in an effort to resolve the drainage problem. Minutes: H. B. Board of Zoning Adjustments June 20, 1984 Page Two ON MOTION BY GODFREY AND SECOND BY VOGELSANG, RECONSIDERATION ACTION OF ADMINISTRATIVE REVIEW NO. 84-38 WAS APPROVED AS STATED BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Vogelsang, Poe NOES: None ABSTAIN: None ABSENT: Smith Chairman Smith arrived. TENTATIVE PARCEL MAP NO. 84-579(W) Applicant: Mr. William Gallegos To permit consolidation of two (2) lots into one (1) lot. Subject property is located at 208-210 Fifth Street. Staff informed the Board Members that the applicant is requesting consolidation,via the parcel map process,as he is proposing to increase the size of his restaurant onto the adjacent parcel. As the subject property is located within the Downtown Specific Plan, the applicant has entered into an agreement with Redevelopment to actively participate in establishing an acceptable development and parking plan for the area. It was the feeling of all of the Board Members that the plat map was in accordance with the provisions of the Subdivision Map Act and Article 992 of the Ordinance Code justifying approval. ON MOTION BY EVANS AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 84-579 WAIVER WAS CONDITIONALLY APPROVED AS FOLLOWS, 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 FOR APPROVAL: 1. The plat map received by the Department of Development Services on June 4, 1984, shall be the approved layout. 2. 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 issuance of building permits on the subject property. -2- BZA 6/20/84 1 Minutes: H.B, Board of Zoning Adjustments June 20, 1984 Page Three AYES: Godfrey, Smith, Evans, Vogelsang, Poe NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-29 Applicant: Mr. Robert Lee Corona To permit encroachment into side yard setback by one (1) foot. Site location is at 228 - 22nd Street. Chairman Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 3, under the California Environmental Quality Act of 1970. Staff informed the Board Members that the subject property is twenty- five foot in width, located within the Townlot Specific Plan Area, wherein the -Zoning Otdinance for this district requires a minimum three (3) foot sideyard setback with an aggregate setback of not less than 20 percent of the site frontage. Additionally, an .interior sideyard may be reduced to zero provided that the opposite side yard equals twenty percent of the site frontage. Where a zero side yard setback is used, the abutting property must be held under the same ownership of which the applicant does own but only a 3 ft. separation would be provided in lieu of Code required five (5) ft. If a one (1) foot variance is granted, a 5-1/2 ft. sideyard setback would be provided (in lieu of 6 foot required) between dwellings allowing the applicant to construct a nineteen (19) •ft. in width residence incorporating a better floor plan. The public hearing was opened with Bob Corona, applicant, present to speak in favor of his proposal. Mr. Corona stated he discussed his plan with our Fire Representatives who informed him that as long as he meets the Uniform Building Code as the property is accessible on three sides should their services be required, they could forsee no problem with the encroachment if granted. The applicant felt the one foot encroachment into his sideyard setback would allow him to utilize his land to its highest potential in keeping with the surrounding neighborhood, The public hearing was closed. Discussion ensued. It was the consensus of all of the Board Members that the placement of the dwelling on the adjacent property has created the applicant's hardship justifying approval. ON MOTION BY SMITH AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 84-29 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: -3- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Four FINDINGS FOR APPROVAL: 1. Due to the placement of the dwelling on the adjacent lot, the subject property owner of the subject site is unable to utilize the zero lot line concept. A strict application of the zoning ordinance, which then requires a three foot minimum interior side yard, is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical classification. 2. 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. 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. One (1) ft. encroachment into the interior side yard setback, as depicted on site plan dated May 21, 1984, is the only item covered by this approval. 2. The proposed residential dwelling shall comply with all Building and Ordinance Code requirements including lot coverage. AYES: Godfrey, Evans, Smith, Vogelsang, Poe NOES: None ABSTAIN: None CONDITIONAL EXCEPTION NO. 84-31 Applicant: Eugen DeSmet To permit a reduction in open space from 900 sq. ft. to 880 sq. ft. Subject property is located at 8381 Doncaster Drive. 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. -4- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Five Staff informed the Board Members that the subject property was created in 1926. In 1969, shortly after the Zoning Ordinance was amended to require 900 sq. ft., of open space, the developer came into the City and adjusted the parcel line which subjected this property to the new open space requirement of 900 sq. ft. With the applicant's proposed addition, 880 sq. ft. of open space will remain on the 40 ft. wide by 125 ft. in depth parcel. The public hearing was opened by Chairman Smith. Erma DeSmet, property owner, was present. The applicant was informed of the need for a revised plan depicting correct property dimensions. The public hearing was closed. Upon the Board's review.of the applicant's plan, it was felt that the fifteen (15) ft. wide space adjacent to the garage, located at the rear of the applicant's property, would compensate for the reduction in open space justifying approval of the request. Addition- ally, similar additions have been approved within the applicant's neighborhood based on lot width felt to have created the applicant's hardship. ON MOTION BY GODFREY AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 84-31 WAS CONDITIONALLY APPROVED, WITH FINDINGS AND CONDITIONS FOR APPROVAL FOLLOWING, 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 and 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 a conditional exception will not be materially detrimental to the pbulic 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. -5- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Six CONDITIONS OY APPROVAL: 1. A revised site plan which accurately depicts property dimensions shall be submitted. 2. The proposed addition shall be architecturally compatible with existing structurds. 3. No other additions which would reduce the open space area requirement shall be permitted. AYES: Godfrey, Smith, Evans, Poe, Vogelsang NOES: None ABSTAIN: None USE PERMIT NO. 84-37 Applicant:, J. D. King To permit six (6) apartment units on an arterial highway. Subject property is located at 18981 Mora -Kai Lane (west side of street). Following introduction of the applicant's request, Chairman Smith stated that this proposal is categorically exempt, Class. 3(b), under the California Environmental Quality Act of 1970. The Board Members were informed that as the proposed project is located adjacent to an arterial highway (Garfield) approval of a Use Permit application is necessary per the Ordinance Code. An apartment complex is being proposed with a reciprocal drive with the property located to the north which is a mirror image. The public hearing was opened by Chairman Smith with Lanny Ludwick and John King present to speak in favor of their application. Concerns of staff were discussed with the applicants i.e. balconies and bay windows encroaching into the 10 ft. rear yard setback and the fact that the trash enclosure was shown facing a public street. A detailed explanation was given the applicants informing them that Mora -Kai Lane, across the front of the subject property, would have to be improved to private street standards. Additionally, that a handicap ramp would have to be provided at the intersection of Garfield Avenue (primary street) and Mora -Kai Lane. There being no one else present wishing to speak on the application, the public hearing was closed. ON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 84-37 WAS APPROVED WITH CONDITIONS OF APPROVAL AND VOTE FOLLOWING: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not T6- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Seven 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 plan shall be submitted depicting the modifications described herein: a. elimination of balconies/architectural projection into required rear yard setback. b. architectural features for the trash area shall be to the satisfaction of the Secretary of the Board. C. the revised site plan shall reflect the actual property lines. 2. Prior to issuance of building permits, the applicant shall submit the following plans: 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. Driveway approaches shall be a minimum of twenty-seven (27) ft. in width and shall be of radius type construction. 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. -7- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Eight 8. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 9. 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. 10. 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). 11. The subject property shall enter into an irrevocable reciprocal driveway easement(s) between the subject site and adjacent property. A copy of the legal instrument shall be approved by the City Attorney,as to form and content and, when approved, shall be recorded in the office of the County Recorder and a copy filed with the Department of Development Services. 12. This approval is null and void without the construction of a "mirror image" on the adjacent parcel. 13. Mora -Kai Lane, across the front of the subject property, shall be improved to private street standards in accordance with Public Works Standard Plan No. 113. Drainage shall be to the satisfaction of the Director of Public Works. 14. Fire hydrants to be installed in number and at locations approved by the Fire Department. 15. The applicant shall provide a handicap ramp at the intersection of Garfield Avenue and Mora -Kai Lane meeting standards of the Public Works Department. AYES: Godfrey, Smith, Evans, Poe, Vogelsang NOES: None ABSTAIN: None USE PERMIT NO. 84,43 Applicant: Mr. Steve Bohannon To permit a temporary outdoor event - "Chili Cookoff". Proposed location is at 19901 Beach Boulevard (corner of Beach Blvd. and Adams Avenue). Chairman Smith introduced the applicantb"outdoor event" proposed to be held on July 14, 1984 - noon to 6:00 p.m. -8- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Nine The applicant is proposing to rope off one-half of the shopping center parking lot located at the corner of Beach Boulevard and Adams Avenue for the Chili Cookoff. Mr. Bohannon originally anticipated using the Playa Castillo Restaurant parking lot within the shopping center which never materialized. Staff is in receipt of a memo from the lst Interstate Bank, located across the street from the proposed outdoor event, stating that their lot may be used for overflow parking. Staff feels insufficient parking is being provided as the traffic circulation in this particular shopping center is at a maximum without the special event wherein a crowd of 200-250 people are expected. A communication from the Traffic Section of the Police Department was received by the Board stating they felt inadequate onsite parking spaces would be available for the expected participants. They also feel that by utilizing the 1st Interstate Bank's parking lot, pedestrian traffic crossing the highway could prove to be extremely hazardous as they feel it's highly unlikely that all of the participants will utilize the crosswalk at the corner of Adams Avenue. The applicant was not present to speak in his behalf. It was the feeling of all of the Board Members that the proposed location was inappropriate for the outdoor event as existing parking is felt to be at maximum. ON MOTION BY GODFREY AND SECOND BY EVANS, USE PERMIT NO. 84-43 WAS DENIED, WITH FINDINGS FOR DENIAL FOLLOWING, SUCCEEDED BY VOTE: FINDINGS FOR DENIAL: 1. The onsite parking is insufficient for the existing uses and proposed temporary outdoor event. 2. The temporary outdoor event has obtained consent to utilize off site parking area. This site is not adjacent to the subject property; and, therefore has the potentiality of creating a hazard to vehicular and pedestrian traffic. 3. Existing traffic circulation in this particular shopping area is felt to be at a maximum. NOTE: The applicant should be encouraged to seek another location for this temporary outdoor event that might more easily handle parking. AYES: Godfrey, Smith, Evans, Poe, Vogelsang NOES: None ABSTAIN: None -9- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Ten ADMINISTRATIVE REVIEW NO. 84-45 Applicant: Mr. Jay Vincent Bogert To permit a 6,710 sq. ft. Industrial Building and attached 253 sq. ft. storage building. Site location is at the northwest corner of Sampson and Burton. Chairman Smith introduced the applicant's request and stated that this proposal is categorically exempt, Class. 3C, under the California Environmental Quality Act, 1970. Staff informed the Board Members that the applicant's plan substantially meets the Zoning Code requirements as to landscaping, setbacks, etc. with the exception that the drive approach will have to be increased from 24 ft. as shown on his site plan to 27 ft. in width. Mr. Bill Hart, A.I.A., and Mr. Jay Bogart (applicant) were both present to speak on their proposal. It was mutually agreed that the drive approach width could be accomplished by removal of a small portion of landscaping located at the curb -cut on Sampson Drive. It was stated that as the building is located Within 150 ft. from the front setback, the proposed twenty foot driveway width was,acceptable to the Fire Department. Conditions for approval were discussed. ON MOTION BY EVANS AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 84-45 WAS GRANTED WITH CONDITIONS FOR APPROVAL FOLLOWING, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plan and elevations received and dated June 1, 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 development shall comply with all applicable provisions of the Ordinance Code, Building Division and Fire Department. -10- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Eleven 4. Driveway approaches shall be a minimum of twenty-seven (27) ft. in width and shall be of radius type construction. 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 lighting shall be directed 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. AYES: Godfrey, Smith, Evans, Poe, Vogelsang NOES: None ABSTAIN: None ADMINISTRATIVE REVIEW NO. 84-46 Applicant: Mr. John Blonder To permit an outdoor display for grand opening at 18782 Beach Boulevard. Chairman Smith informed all concerned that this request is categorically exempt, Class. 11, under the California Environmental Quality Act of 1970. It was stated that this application covering a request for a banner display for the Bodega Bay Restaurant was a direct result of a Notice of Violation issued by Land Use Enforcement. outdoor displays are permitted, subject to approval of an Administrative Review, to insure that the didplay is within the required setback, does not encroach into the sight angle, etc. There was no one present to speak in favor or opposition of the applicant's request. Pictures of the banner display were viewed by the Board Members. Conditions for approval were discussed. ON MOTION BY GODFREY AND SECONDED BY POE, ADMINISTRATIVE REVIEW NO. 84-46 WAS CONDITIONALLY APPROVED AS FOLLOWS, SUCCEEDED BY VOTE: CONDITIONS OF APPROVAL: 1. Temporary signing as depicted in photographssubmitted June 4, -11- BZA 6/20/84 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Twelve 1984, shall be the approved outdoor display. 2. This approval is valid for thirty (30) days. All temporary signs (including "Happy Hour") and banner(s) shall be removed on or before July 9, 1984. AYES: Godfrey, Smith, Poe, Vogelsang NOES: Evans ABSTAIN: None SITE PLAN AMENDMENT NO. 84-9 Applicant: Security Pacific National Bank To permit the remodel of existing Lucky Market - addition of 900 sq. ft. Staff informed the Board Members that the Trustee for the property owners has approved the tenant's request for alterations and expansion to the facility located within the shopping center at 9051 Atlanta Avenue (north side of street). The plan presented is an amendment to Use Permit No. 69-40 granted in 1969 at which time a twenty-five foot driveway width between 900 parking bays was allowed. The need to provide the Code requirement of a twenty-seven (27) ft. drive width,allowing adequate turning radius for the parking spaces east of the proposed structure,was explained to Isaack Chavez - Manager of the Lucky Market. Additionally, Mr. Chavez was given the option to use compact parking. ON MOTION BY VOGELSANG AND SECOND BY EVANS, SITE PLAN AMENDMENT NO. 84-9 WAS GRANTED WITH CONDITIONS OF APPROVAL AND VOTE FOLLOWING: CONDITION OF APPROVAL: 1. The area shown on site plan received and dated June 13, 1984, shall be the approved layout subject to a reduction in freezer building width in order to provide a twenty-seven (27) ft. turning radius for the parking spaces east of the proposed structure or a change to compact parking on the east side of the building. AYES: Godfrey, Smith, Poe, Evans, Vogelsang NOES: None ABSTAIN: None LOT LINE ADJUSTMENT NO. 84-6 Applicantti Seacliff Estates To permit a lot line adjustment to twenty-three (23) lots within Tract 10069. -12- BZA 1 Minutes: H.B. Board of Zoning Adjustments June 20, 1984 Page Thirteen The three (3) foot lot line adjustment to Lots 1,3,4,5,7,8,9,12,13,16,19, 21 and 27 of Tract 10069 was viewed by the Board Members. This adjustment will allow a three (3) ft. separation between structures and the property line. Discussion carried between the Board and Dave Eadie, representing Seacliff Estates, on the possibility of some confusion with the property owners as to correct location of the property line. It was felt by the majority of the Board Members that the proposed adjustment is consistent with necessary provisions of the Code. ON MOTION BY VOGELSANG AND SECOND BY GODFREY, LOT LINE ADJUSTMENT NO. 84-6 WAS GRANTED WITH FINDING AND CONDITIONS FOR APPROVAL FOLLOWING, SUCCEEDED BY VOTE: FINDING FOR APPROVAL: I. The three (3) foot lot line adjustment is consistent with the criteria outlined in Section 9811.3.1 of the Huntington Beach Ordinance Code. CONDITIONS OF APPROVAL: 1. The plan received June 20, 1984, shall be the approved layout. 2. The applicant shall submit a copy of the recorded Lot Line Adjustment to the Department of Development Services. AYES: Godfrey, Smith, Poe, Vogelsang NOES: Evans ABSTAIN: None THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED TO THE STUDY SESSION ON JUNE 25, 1984, AT 10:00 A.M. Glen K. Godfrey, Secretary Board of Zoning Adjustments -13- BZA 6/20/84