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HomeMy WebLinkAbout1985-03-20MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington,Beach, California WEDNESDAY, MARCH 20, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Crosby, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Pierce, Poe MINUTES: UPON MOTION BY CRANMER AND SECOND BY VINCENT, MINUTES OF THE REGULAR MEETING OF JANUARY 16, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Godfrey, Smith, Vincent NOES: None ABSENT: None ABSTAIN: Crosby REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 84-92 (Cont. from 3/6/85) Applicant: Bill Armstrong A request to add drive-thru to an existing food establishment (Kentucky Fried Chicken) located at the Northeast corner of Bolsa Chica Street and Warner Avenue. This request is covered bay Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Ms. Pierce reported this application had been continued to allow the applicant an opportunity to possibly resolve the parking and traffic flow problems which would be created by establishment of the drive-thru arrangement. Ms. Pierce also discussed the site plan which had been presented in 1974. Staff stated the applicant is short on parking spaces and stacking cars could cause traffic circulation problems at the location, as well as on Warner Avenue. Based on these findings, Staff would recommend denial of the project. The applicant, Bill Armstrong, was present but stated he had no questions. Minutes, H. B. Board of zoning Adjustments March 20, 1985 Page 2 UPON MOTION BY GODFREY AND SECOND BY CRANMER, ADMINISTRATIVE REVIEW NO. 84-92 WAS DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL: 1. The drive-thru concept has the potential of creating some hazardous on -site circulation patterns. 2. The conversion to a drive-thru restaurant requires a minimum of twenty-seven (27) parking spaces in compliance with Article 979. Five (5) spaces do not comply with minimum turning radiuses, the Northwest space backs into exit lane and was not originally permitted, and the most Southeastern space could create stoppage on Warner Avenue because it backs into entrance lane. 3. The conversion to the drive-thru concept renders parking spaces on East side of building unusable because of lack of turning radius. AYES: Cranmer, Crosby, Godfrey, Smith, Vincent NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-11 Applicant: William J. Refice A request to permit a reduction in open space dimension from twenty-five feet (251) to nineteen feet (191) average. Subject property is located at 20491 Alisa Lane (Northwest corner of Alisa Lane and Indianapolis Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Staff stated this is an application to allow an existing'situation to become a permanent structure. There is an existing patio cover with removable glassene windows and the applicant wishes to convert it into an enclosed Family Room. The Public Hearing was opened by Daryl Smith. The applicant, William J. Refice, was present and had no comments to the Board. There was no one else present to speak either for or against the project so the Public Hearing was closed. UPON MOTION BY VINCENT AND SECOND BY CRANMER, CONDITIONAL EXCEPTION NO. 85-11 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -2- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 3 FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension and minimum open space area will not reduce the required total open space area (1200 Square Feet). 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 85-11 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. 5. Currently a legally permitted enclosed patio exists in the same area proposed for permanent construction compatible to existing structure. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, February 27, 1985, be and elevations received and dated shall the approved layout. 2. The proposed structure shall be architecturally compatible with existing structure. 3. All necessary permits shall be obtained. AYES: Cranmer, Crosby, Smith, Vincent NOES: Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 85-14 (USE PERMIT NO. 85-14) Applicant: Frank Mirjahangir CE REQUEST: A request to allow a reduction in required ten foot 10 wide landscape planter to 3-1/2 feet and five feet (51). This request is covered by Categorical Exemption, Class-'5, California Environmental Quality Act, 1970. UP REQUEST: A request to permit construction of a convenience market. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. -3- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 4 Subject property is located at 301 Seventeenth Street (Northwest corner of Olive Avenue and Seventeenth Street). Staff stated this is a request to develop two (2) lots that are currently vacant in Zone "Q-C3", and it requires an application to be approved by the Board of Zoning Adjustments prior to development of the site. The project was submitted to the Planning Commission with a conceptual plan for development but, since that time, the Zoning Code has changed. City Code now requires a minimum ten foot (101) wide landscape planter along the front. The submitted plan shows a building with setback of approximately seventeen feet (171) - not all landscaped - from Seventeenth Street. Prior to 1983, the landscape planter area was for a buffer from parking but the Code now requires a landscaped planter to be installed along front and exterior property lines. Code also requires all access from the alley only for the Town Lot Specific Plan area. The building should be compatible with adjacent lot to the North. Based on these findings, Staff would recommend denial of the project. If the Board should decide to approve this request, Staff would recommend that proposed elevations not be acceptable but be more compatible with the adjacent office building. Daryl Smith opened the Public Hearing and the applicant, Frank Mirjahangir, was present. Mr. Mirjahangir stated he would like to refer to Article 945 regarding "C-3". When the application was filed, it was required to take access from the alley. To do this, it would be necessary to position the building forward. Article 945 does not require any setback, and, because of the smallness of the lot, we would ask that the landscaping be reduced from -ten feet (10') to five feet (51). Mr. Mirjahangir suggested that, if the Board could dispense with the requirement of getting access from the alley, the building could be situated differently; otherwise he could not meet the requirements .for the setback. Glen Godfrey said he did not believe the Board of Zoning Adjustments had the authority to remove those Conditions. Daryl Smith stated he did not recall the Code requirement for this ten foot (10") setback and Ms. Pierce replied that the interpretation of the Development Services Department has been that the most restrictive conditions apply to any permanent property, and that would require a ten foot (101) berm across the front. Mr. Smith stated that "C-3" indicates zero setbacks and it appears,the applicant has tried to comply with the Zoning Code requirements. Two previous applicants have attempted to get approval from City Council for residential buildings but were unsuccessful. -4- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 5 Mr. Mirjahangir requested that the Board consider the size of the lots as topographic circumstances which could be considered as a land -related hardship. Glen Godfrey recommended a change in the architectural theme, i.e., that wood construction would be preferable to the Mediterranean theme. A discussion ensued concerning the viability of the project with the stipulated requirements. There was no one else present to speak for or against the project so the Public Hearing was closed. GODFREY MOVED FOR DENIAL OF CONDITIONAL EXCEPTION NO. 85-14 AND USE PERMIT NO. 85-14 BASED ON THE FINDINGS FOR DENIAL AS PRESENTED BY STAFF. MOTION DIED FOR LACK OF A SECOND. UPON MOTION BY SMITH AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 85-14 AND USE PERMIT NO. 85-14 WERE APPROVED BASED ON THE ALTERNATIVE ACTION PRESENTED BY STAFF, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION N0. 85-14 -1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or 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. 3. The granting of Conditional Exception No. 85-14 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. 5. The conditional exception pertains only to the parking area. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 85-14 1. A revised site plan shall be submitted depicting the modifications described herein: a. Twenty-five foot (251) corner cutoff per S.9775.3. -5- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 6 FINDINGS FOR APPROVAL - USE PERMIT NO. 85-14: .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: 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 - USE PERMIT NO. 85-14: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Twenty-five foot (251) corner cutoff. 2. This approval is granted to establish a grocery market. Alcoholic beverage sales are not permitted without approval of a use permit in compliance with C-2 standards. 3. Prior to issuance of building permits, applicant shall file a parcel map consolidating Lots 1 and 3, Block 317, Huntington Beach Tract 17th Street Section. Said map shall be recorded prior to final inspection. 4. 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. -6- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 7 5. The building elevations received March 1, 1985, shall be the approved layout; however, special architectural treatment shall be provided on the rear building walls. Such treatment is subject to approval by the Department of Development Services. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. Maximum separation between building wall and property line shall not exceed two inches (2"). 8. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. 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 outside lighting shall be directed to prevent "spillage" onto adjacent properties. 12. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 13. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Cranmer, Crosby, Smith, Vincent NOES: Godfrey ABSENT: None USE PERMIT NO. 85-18 Applicant: Circus Vargas A request to permit temporary outdoor event (Circus Vargas) March 22 to March 26, 1985, to be located at 7777 Edinger Avenue (North side of Edinger Avenue approximately 500 Yards West of Beach Boulevard). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. -7- 3/20/85 - BZA ar Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 8 Ms. Pierce said that Circus Vargas visits the City annually and they plan to open March 22nd. Staff would request that the same Conditions be imposed as last year with increased fire protection. The Fire Department had originally requested a cash bond for $3,000 but Tom Poe says it has been reduced to $2,500. There was a discussion relative to the dumpster problem the previous year and Daryl Smith asked that the Condition be altered to establish a time limit; i.e., twenty-four (24) hours after vacating the site, all trash, debris, dumpsters, etc., shall be removed. The Public Hearing was opened and John Tobin, the applicant's representative, was msent. He reiterated the fact the cash bond had been reduced to 500. and assured the Board all other requirements had been met. There was no one else present to speak either for or against the project so the Public Hearing was closed. UPON MOTION BY VINCENT AND SECOND BY CROSBY, USE PERMIT NO. 85-18 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; 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. The plot plan received March 11, 1985, shall be the conceptual layout. 2. The applicant shall obtain all necessary electrical permits. 3. A certificate of insurance in the amount of $1,000,000.00 shall be filed with the Administrative Services Department five (5) days prior to the event. -8- 3/20/85 - BZA 1 Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 9 4. The applicant shall comply with all Fire Department safety standards. 5. Appropriate temporary signs for the direction of traffic and parking shall be provided by the applicant. Said signs shall be subject to the approval of the Traffic Division of the Police Department. 6. A $2,500.00 sum, in cash or cashier's check, shall be deposited in trust for fire standby prior to the event. 7. Handicapped facilities and access shall be provided. 8. All trash, debris, and deleterious material deposited on or carried to public streets shall be picked up and removed by the proponents to the satisfaction of the Department of P&Iic Works. 9. The applicant shall secure the services of four (4) City of Huntington Beach Police Officers and related equipment'I'for each day of the event, if required. 10. If applicable, prior to operation of any equipment used in conjunction with amusement rides, the City shall be in'receipt of State Certification and permits showing inspection within one .(1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. 11. A precise site plan depicting location of tent, parking, etc., shall be received by the Fire Department no later than March 22, 1985. 12. After the event vacates the site, all trash, debris, dumpsters, etc., shall be removed with twenty-four (24) hours. AYES: Cranmer, Crosby, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-8 Applicant: Bristol Street Associates I A request to permit an eight (8) lot industrial development - Building sizes range from 6,182 Square Feet to 20,428 Square Feet - to be located at 18062 Gothard Street (East side of Gothard Street South of Harriman Avenue). ME 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 10 This request is covered by Negative Declaration No. 74-169. Ms. Pierce reported that the Board had met last week at the close of the regular Meeting to informally review a preliminary plan for this applicant. The plan has been reviewed by our Plan Checker and Staff cannot recommend approval of this project. There are landscaping deficiencies on Parcels 4 and 5, Parcels 2 and 3 would require different size buildings in order to conform, and the block wall would require a variance. Staff stated the applicant could request a continuance but must reminded the applicant and the Board a land related hardship would need to be determined for a variance. After a lengthy discussion regarding the problems involved, the applicant's representative Roger Rhoades, requested a continuance to a future date. UPON MOTION BY SMITH AND SECOND BY VINCENT, ADMINISTRATIVE :tEVIEW NO. 8508 WAS CONTINUED TO AN INDEFINITE FUTURE DATE, WITH CONCURRENCE OF THE APPLICANT, BY THE FOLLOWING VOTE: AYES: Cranmer, Crosby, Godfrey, Smith, Vincent NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 83-564 (AMENDED) Applicant: Mola Development Corporation A request to divide subject property into three (3) lettered parcels and eight (8) numbered parcels for the purpose of financing and leasing Charter Centre. Subject property is located at Southwest corner of Warner Avenue and Beach Boulevard. This request is covered by the Beach/Warner Environmental Impact Report. Ms. Pierce reported the plan has been revised for the City Engineer; however, per S.9941(c) of the Huntington Beach Ordinance Code, the expiration date of July 19, 1985, will remain. Staff would recommend approval of this map with the Findings and Conditions presented. The applicant's representative, Dick Harlow, was present and agreed to the Conditions. -10- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 11 UPON MOTION BY GODFREY AND SECOND BY VINCENT, TENTATIVE PARCEL MAP NO. 83-564 (AMENDED) WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision into three (3) lettered parcels and eight (8) numbered parcels for purposes of commercial use in compliance with the size and shape of property necessary for that type of development. 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 standards 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 Development Services on March 20, 1985, 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. Warner Avenue, Beach Boulevard, Ash Street, Sycamore Avenue, and Elm 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 parcels are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed.' 6. All utilities shall be installed underground at the time said parcels are developed. -11- 3/20/85 - BZA Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 12 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. Vehicular rights to Warner Avenue, Beach Boulevard, Ash Street, Sycamore Avenue, and Elm Street shall be dedicated to the City of Huntington Beach except at locations approved by the City. AYES: Cranmer, Crosby, Godfrey, Smith, Vincent NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 85-10 Applicant: Union Carbide Industrial Service Company A request to allow a 31'-7" storage tank to be located at 15573 Commerce Lane (West side of Commerce Lane approximately 500 feet South of McFadden Avenue). This request is covered under the previously assessed Lusk Industrial Park Environmental Impact Report of 1973. Staff stated this is a request to allow construction of a nitrogen storage tank. The applicant originally proposed to install the tank at one location but a member of the Fire Department suggested a different location. The installation does meet standard requirements. Glen Godfrey inquired about the nitrogen and oxygen mixture and Tom Poe stated there would be no problem with it. Jim Vincent stressed the fact the installation would have to meet with the National Fire Protection Association standards. UPON MOTION BY GODFREY AND SECOND BY CROSBY, SITE PLAN AMENDMENT NO. 85-10 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan received March 19, 1985, shall be the approved layout for this amendment to Administrative Review No. 84-54. 2. All previous conditions of Administrative Review No. 84-54 shall be applicable. 3. All necessary permits shall be obtained. -12- 3/20/85 - BZA [l Minutes, H. B. Board of Zoning Adjustments March 20, 1985 Page 13 4. Installation shall comply with Fire Department and National Fire Protection Association regulations. AYES: Cranmer, Crosby, Godfrey, Smith, Vincent NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 85-13 (RECONSIDERATION) Applicant: Larry A. Wall A request to permit reduction in open space dimension from twenty feet (20') to ten feet (101) and reduction in open space area from 450 to 350 Square Feet. Subject property is located at 9322 Southshore Drive (South side of Southshore Drive approximately 60 feet East of Fleet Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Staff said Mr. Wall had presented a revised plan for the proposed addition to the Family Room and Master Bedroom, and Mr. Wall was requesting that the Board reconsider their Denial of his request. After a general discussion of the proposed project with the applicant, the Board granted the request for reconsideration. VINCENT MOVED, SECONDED BY SMITH, FOR RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 85-13, TO BE HEARD ON APRIL 3, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Crosby, Smith, Vincent NOES: Godfrey ABSENT: None There was no further business to be discussed so the Meeting was adjourned to the Pre -review Meeting of Monday, March 25, 1985, at 10:00 A.M. Z Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (2254d) -13- 3/20/85 - BZA