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HomeMy WebLinkAbout1985-01-08 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS- Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 8, 1985 -'1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Poe, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY CRANMER AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF DECEMBER 18, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Evans AGENDA ITEMS TO BE CONTINUED: USE PERMIT N0, 85-15 Applicant: Ronald Palmer UPON, MOTION BY GODFREY AND SECOND BY CRANMER, AND AT THE APPLICANT'S REQUEST, USE PERMIT NO. 85-85 WAS CONTINUED TO THE MEETING OF JANUARY 22, 1986, BY THE FOLLOWING VOTE: AYES: - Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85791 Applicant: Architectural Team Three A request to permit five and one-half percent (5.5%) of landscaping on the subject site in lieu of six percent (6.0%); currently 3.6 percent of the site is landscaped. Subject property is located at 18835 Beach Boulevard (West side of Beach Boulevard five hundred fifty feet 15501) North of Garfield Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Minutes,-H. B. Board of -Zoning Adjustments. January 8, 1986 - Page 2 Scott Hess reported the applicant is requesting a variance to the landscaping in conjunction with a previously -approved Use Permit for expansion of an existing building by adding --a platform deck.- The applicant is -requesting that the three-foot`--(-3')-landscaped strip along Beach Boulevard be considered as part -of the'required six percent (6%). If this strip is included, the appl-icant would basically meet the landscaping requirements. 'Staff is recommending approval of this request with conditions. Daryl Smith asked if this was a nonconforming use under the new Code which had„been,-approved,as a conforming use under the old Code, and Staff , replied -=in -=-the • affirmative.' Chairman -Tom Poe==opened--the Public Hearing. The applicant's representative, Bob Superneau, was present and stated he had no further questions of the Board. There was no one else present wishing-to--speak----for or against the request so the Public Hearing was closed:__ UPON MOTION BY--SMITH.AND-SECOND"BY--CRANMER, CONDITIONAL -EXCEPTION NO. 85-91 WAS APPROVED WITH THE.FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING' VOTE: FINDINGS FOR APPROVAL: - - 1. Because of special circumstances applicable to the subject property,'including'size-f-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.. 2. The granting -of a,conditional exception--is-necessary in order to preserve the enjoyment of one or more substantial property rights. Additional landscaping is being provided in proportion to the building improvements. 3. The granting of Conditional Ex-cept-ion No: " 85-91- will not be materially -detrimental to"the public Welfare, --or injurious to property in the same zone classifications. 4. The gr'anting.of the conditional exception will not adversely affect the General Plan -of -the City-of�Huntingt'on Beach. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated December 16, 1985, shall.be the approved -layout." 2. All condit"ions of Use -Permit No.,85-71 shall be applicable. -2- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 81 1986 Page 3 AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-94 ADMINISTRATIVE REVIEW NO. 85-59 Applicant: Richard L. Anderson A request to enclose an existing outdoor patio area with a variance to maintain a five foot (51) wide planter on Springdale Street and four and one-half percent (4.5%) landscaping on the site. Subject property is located at 6060 Warner Avenue (near the Southeast corner of Warner Avenue and Springdale Street). This request is covered by Categorical -Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported the applicant is proposing to enclose an existing outdoor patio area which will be compatible with the existing restaurant and shopping center, and Staff is recommending approval. Daryl Smith asked if the new Code would require a six foot (61) wide planter and six percent (6%) landscaping on the site, and Scott Hess replied it would. Les Evans stated the shopping center was unattractive and not meeting the present Code requirements would certainly not enhance the beauty of the center. He also mentioned problems with driveways for entering and exiting the center, parking, and interior circulation. Mr. Evans further said he did not feel anything should be approved which would generate more traffic into the area. Glen Godfrey called attention to the fact that any future use which would include live entertainment could create serious problems at this location. Tom Poe opened the Public Hearing and Richard L. Anderson, the applicant and project designer, was present. Mr. Anderson stated the drive approaches were twenty-seven feet (271) wide. Mr. Poe stated the addition would have to be sprinklered and asked that the conditions so reflect. There was no one else present to speak for or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 85-94 AND ADMINISTRATIVE REVIEW NO. 85-59 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 85-94: 1. Because of special circumstances applicable to the subject property; including size, shape, location and surroundings, the -3- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 4 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. ---An increase of landscaping on the site would reduce the number and size of parking spaces which is undesirable. The current number.of_.spaces_and=circulation is acceptable for the existing commercial tenants based on joint use of the parking area. 2. The. ,granting-,of.+a. conditional, exception is necessary- in order to preserve the enjoyment of one or more substantial property rights. ::_The;existing..-landscaping is sufficient for the site; the enclosure of an existing outdoor patio area does not warrant additional landscaping. 3. The granting of: Conditional- Exception -*No.. 85-94> will not be materially detrimental to the public welfare, or injurious to property in-the:same-_zone classifications. 4. The granting of the conditional exception will not adversely affect the' General Plan of the City of Huntington Beach. CONDITIONS -OF APPROVAL ---CONDITIONAL EXCEPTION NO. 85-94: 1. The site'plan-r-eceived and dated December 30, 1985, shall be - the approved_ layout. 2. All conditibns'of-Administra-ti.ve Review No. 85-59-shall-be-. applicable. _ CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO. 85-59: 1. The site plan dated December 30, 1985, and the floor plans and elevations'.received and dated November 26, 1985, shall be the approved layout. 2. The development -shall comply with all applicable provisions of the Ordinnance dode, Building Division, and Fire Department except as noted in Conditibnal Exception No. 85-94. 3. An automatic fire sprinkler system shall be approved and installed pursuant to-Fire--Department-'regulations. 4. The proposed structure steal-l-be--arch-itecturally compatible -with the existing- structure.--.-: 5. Fire access lanes shall be maintained. If fire lane violations occur and the'servites of --the F-ir'e-Department are required, the applicant will be'=1-11able- for expenses" incurred. -4- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 5 AYES: Cranmer, Poe, Smith NOES: Evans, Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 85-95 USE PERMIT NO. 85-58 Applicant: Anthony E. Cate A request to relocate single family residence with variance to allow driveway access from Twelfth Street and one (1) tandem guest parking space within the front twenty-two foot (221) setback. Subject property is located at 227 Twelfth Street (Southwest corner of Twelfth Street and Olive Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff said this is a request to relocate an historical residence on property with a residence and garage already existing at the location. The applicant is proposing to provide a parking space adjacent to the garage and a space by the house. Staff is recommending approval of the project with conditions. There was a discussion between the Board members concerning the application of wood siding to the structures for compatibility, and Ross Cranmer said there was a type of Masonite which could be used. Les Evans stated the alley dedication of two and one-half feet (2-1/21) would have to be made. Tom Poe opened the Public Hearing and Anthony E.-Cate, the' applicant, was present. Mr. Cate stated he had no further questions of the Board. Mike Adams mentioned that the Historical Society had accepted this building which is being relocated and they are working on an agreement with the Cates. Upon questioning by Daryl Smith, Mr. Adams stated the property was not within the redevelopment area. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY CRANMER, CONDITIONAL EXCEPTION 140. 85-95 AND USE PERMIT NO. 85-88 WERE APPROVED, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 85-95: 1. Because of special circumstances applicable to the subject property, including size, shape, 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. The -5- 1/8/86 - BZA Minutes, H. B. Board.of Zoning Adjustments January 8, 1986 Page 6 lot is fifty feet (50_') in width and situated on the corner of Twelfth'Street and Olive Avenue. Additional on -street parking is provided on Olive Avenue. 2. The granting of,a,conditional exception is necessary in order to preserve - the enjoyment of one or more substantial property rights.--,= . . 3. The gr,anting,,of Conditional Exception No. 85-95 will -not be-- materially_detrimental to -the -public welfare -or -injurious to property in -the --same zone classifications. .="The drive approach is sufficiently ,set -back from the -corner of Twelfth Street and Olive Avenue ..- . 4. The granting:of.-.the-conditional exception will not adversely affect.the:General Plan of the City of Huntington Beach. CONDITIONS OF-APPROVAL-7- CONDITIONALEXCEPTIONNO.--85-95 1. The site._plan,_�floor:_plans, and -,elevations -received and dated December 30, 1985; shall be the approved layout. 2. All conditions'.,-of-use'--Permit-No. 85-88 shall _ be -,applicable . FINDINGS FOR APPROVAL. --USE PERMIT NO. 85-88: 1. The relocation,of.�a:single family -residence on---the-lot and existing garage -on the_side property line"will-not--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 ofthe..use permit will not adversely.affect-the General Plan of the City,of,_Huntington Beach. 3. The proposal is con"sistent_with-the City's--General Plan of Land Use .-- 4. The relocated house has historical significance and would be compatible 'with the surrounding "area. - CONDITIONS OF APPROVAL - USE PERMIT NO. 85=88: 1. The - site -plan-"received -ana" dated •December 30,- "1985, shall be the approved layout. -6- 1/8/.86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 1 2. The proposed carport shall be a single car garage, architecturally compatible with the existing residence. 3. The existing two -car garage shall be architecturally compatible with the newly relocated residence. 4. All fencing along Olive Avenue and the alley shall not exceed forty-two inches (420) in height and shall match the relocated residence. 5. Prior to final occupancy of the relocated building, the applicant shall file a parcel map consolidating Lots 25 and 27. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department, except as noted under Conditional Exception No. 85-95. 7. The driveway approach shall comply with Public Works standards. 8. A two and one-half foot (2-1/21) alley dedication and corner radius shall be dedicated per Public Works standards. 9. The front and side yard setback areas shall be landscaped. AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-96 ADMINISTRATIVE REVIEW NO. 85-55 Applicant: L & M Investment Company/Townhouse Plaza A request to construct a 11700 Square Foot restaurant addition with a variance to maintain existing two foot eight inch (2'-80) wide planter along Brookhurst Street and Adams Avenue. Subject property is located at 19881 Brookhurst Street (Northwest corner of Adams Avenue and Brookhurst Street). This request is covered by Categorical Exemption, Class.l, California Environmental Quality Act, 1984. Staff stated the applicant's request entails adding 1,700 Square Feet to an existing restaurant and converting a portion of the existing restaurant area to retail space. The applicant is further requesting a variance to maintain an existing two foot eight inch (2'-80) wide planter area along Brookhurst Street and Adams Avenue. The Staff member indicated that a revised site plan would be required to indicate the metal posts which have been installed on the parking lot reducing the size of the drive to fifteen feet (151) in width, existing landscaping, handicapped parking, etc. -7- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 8 There was a_discussion between the Board members relative to the existing problems in. -the shopping center such as ingress and egress to the area, -blocking cars from getting into and out of parking spaces adjacent to Polly's Pies, and lack of parking for the entire center. Glen Godfrey stated that, if an emergency occurred in the center, it would create a real catastrophe because of the lack of traffic circulation.-. _ Scott Hess said-he--had-gone to -the -shopping center and physically counted the parking-sialls because --there was so much -'--discrepancy in the figures. Chairman Tom Poe•opeire & the Public Hearing and Mark P. Sork was present to represent the applicants. Mr. Sork stated he had never heard so much -"brill" in his life. Mr. Sork-further-stated he should not be blamed for--a-successful-shopping-center and for any of the Board members to state they should not approve any further expansion in this area was -absolutely -ridiculous.- A -heated discussion. -. followed concerning the -.parking -requirements and other,attendant problems. There was no one else present wishing-to-speak.for, or against the project so the -Public Hearing was closed. Les Evans stated -he would.- move for-- Denial with the -findings -.that parking, traffic circulation; and landscaping-were--deficient=and--- approving any expansion-would'be,detrimental.- .This motion was seconded by Glen Godfrey: Daryl Smith pointed out that -the center had been built under the old Code and the old parking requirements", and -the new Code approved by the Planning Commission and City Council was now -creating a nonconforming use- for- the- center-. - He further stated. the shopping . center was creating an excellent -tax based revenue for -the City. Tom.Poe stated the -center had been -.constructed prior to_1968. UPON MOTION BY EVANS-AND SECOND BY.GODFREY-,_CONDITIONAL-EXCEPTION NO. 85-96 AND ADMINISTRATIVE:REVIEW-NO.'85-55 WERE DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL:- _ 1. The establishment, maintenance and operation of the use will be detrimental -to the -general we_1_f_are o_f^persons -living and working in the vicinity. 2. Granting of Conditional Exception No. 85-96 and Administrative Review No. 85-55 would constitute a ---special privilege - - inconsistent with limitations upon properties in the vicinity. -8- 1/8/86 -_BZA Minutes, H. B. Board of -Zoning Adjustments January 8, 1986 Page 9 3. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classifications. 4. On -site parking and circulation are inadequate and have the potential of creating a congestion and circulation hazard. 5. Ingress and egress to the site has the potential of creating additional traffic impacts to the intersections along Brookhurst Street and Adams Avenue. AYES: Cranmer, Evans, Godfrey, Poe NOES: Smith ABSENT: None USE PERMIT NO. 85-87 Applicant: Oshman's Sporting Goods A request to install a forty-five by sixty-five foot (45' x 651) tent in the parking lot for a temporary sales event from January 8 (P.M.) to January 14, 1986. Subject property is located at 15021 Golden West Street (West side of Golden West Street approximately 225 feet South of Bolsa Avenue). This request is covered by Categorical Exemption, Class ll,, California Environmental Quality Act, 1984. Staff reported the applicant had submitted plans three weeks prior to'the scheduled event; however, the Board had not met during that time period to consider this request. Staff is recommending approval of the request with conditions. The Public Hearing was opened by Chairman Poe and Allen Fawcett was present to represent the applicant. Mr. Fawcett stated he had no further comments and the Public Hearing was closed as there was no one else present wishing to speak for or against the project. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-87 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the -use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; -9- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 - Page 10 b. Property and improvements in the vicinity of such use or building. - 2. The granting of the 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. The conceptual site plan received and dated December 31, 1985, shall be the approved layout. 2. Fire access -lanes shall be maintained. If fire lane violations occur and the -services of the Fire Department are -required, the applicant'will be' liable -for" expenses incurred. 3. Sidewalks shall be maintained at a clear width of four feet (4'). = 4. A certificate-of'I nsurahce form shall be filed in the Administrative Services Department in an amount deemed, necessary by the Public Liability Claims Coordinator, along with a hold harmless agreement executed by the insured prior to the event .- - - "- - - 5. The applicant shall provide for clean up of the areas after the closing of the event per Orange County Environmental Health Department. =- 6. A certificate--to--operate- shall --be -issued--by the Director of Development Services.as required by- S..9730.80.of the Huntington Beach- Ordinance- Co -de_ prior to- the event. AYES: _ Cranmer-,: Evans-,, Godfrey, -Poe, ' Smith NOES: None - --- - ABSENT: None ADMINISTRATIVE REVIEW N0:--85-58 - Applicant: Sachson--and Snow,' ATA A request to permit -construction -of a..5,000 Square -Foot bank to be located at 7662, Edinger_ -Avenue- CSouthwest' corner of -Edinger Avenue and Sher Lane). This request -is covered by'Categorical Exemption, Class 1, California Environmental--QualityAct,-1984. -10- 1/8/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 11 According to Staff, this site is currently vacant, abuts a shopping center, and is located in the North Huntington Center Redevelopment Area. Staff has reviewed the plans and is recommending approval with conditions. There was a discussion concerning Design Review Board approval of the building elevations and the Planned Sign Program. Donald Snow and Steve Hunt were present to represent the applicant and agreed to 'the conditions as amended. UPON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 85-58 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated December 30, 1985, shall be the approved layout. 2. Elevations of the proposed bank shall be subject to review and approval by the Design Review Board. 3. 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. 4. Landscaping shall comply with Article 979 of the Huntington Beach Ordinance Code. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. Any existing driveways not used in conjunction with this project shall be replaced with curbs, gutter and sidewalk per Public Works standards. -11- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Page 12 7. All signs shall comply with the Planned Sign Program of the North Huntington CenterRedevelopment Area -._..If -the Planned Sign Program has not been adopted by the time of final occupancy of the building, the applicant shall submit sign plans to the Design Review Board for their approval, and.a letter -agreeing -to comply with any future Planned Sign Program for the North Huntington Center Redevelopment Area. All free-standing.signs-shall be -low -profile, monument! -type -signs. 8. Natural gas -shall be,.stubbed,in,,at the locations of water heaters and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility -equipped to handle them. 11. If lighting is included-in,the parking lot, high-pressure sodium vapor lamps shall be -used for energy savings. All, outsidelighting shall be directed to -prevent "spillage" onto adjacent properties. - 12. Prior to the final occupancy, the property owner shall have recorded an irrevocable reciprocal -ingress and egress access easement (twenty-four�_feet-(241) in -width) to permit access from the abutting southerly parcel to the subject site. 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. AYES: Cranmer, Evans;,.Godfrey,:Poe; Smith NOES: None _- ABSENT: None TENTATIVE PARCEL MAP NO. 84-562 EXTENSION OF TIME - Applicant: Donald B.-Walter A request to permit one (1) year Extension of Time for Tentative Parcel Map No. 84-562. Subject property is located at 5075 Warner Avenue (North side --of Warner Avenue approximately 380 feet East of Bolsa Chica Street)., - This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act,-1984. -12- 1/8/86 - BZA Minutes, H. B. Board of Zoning Adjustments January 8, 1986 Pa'e 13 Staff reported the applicant is requesting an Extension of Time for a period of one (1) year on a Tentative Parcel Map which was approved by the Board in 1984. This is the second one (1) year extension requested by the applicant, and Staff is recommending approval. Glen Godfrey asked if the project was located in an industrial area and he was informed by Daryl Smith that it was in a commercial zone. The applicant, Donald B. Walter, was present and agreed to abide by the original conditions placed on Tentative Parcel Map No. 84-562. UPON MOTION BY EVANS AND SECOND BY CRANMER, TENTATIVE PARCEL MAP NO. 84-562 (EXTENSION OF TIME) WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. All Conditions of Approval of Tentative Parcel Map No. 84-562 shall remain in effect. AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None Daryl Smith said he would like the Minutes to reflect that Tom Poe had done an outstanding job of conducting his first meeting as Chairman of the Board of Zoning Adjustments. The other Board members so concurred. There was no further business to be presented to the Board for review. UPON MOTION BY SMITH AND SECOND BY CRANMER, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, JANUARY 13, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (4076d) -13- 1/8/86 - BZA