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HomeMy WebLinkAbout1985-05-29 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 29, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Pierce, Poe MINUTES: UPON MOTION BY SMITH AND SECOND BY EVANS, MINUTES OF THE REGULAR MEETING OF MAY 29, 1985, WERE DEFERRED BECAUSE THEY HAD NOT BEEN RETURNED FROM THE PRINT SHOP, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-19 AND USE PERMIT NO. 85-19 Applicant: Ronald Lingenfelter CE REQUEST: To expand a restaurant use in a non -conforming building built on the front and side property lines (5 foot and 3 foot building setbacks are required) without any off-street parking (30 spaces required). In addition, no alley dedication is provided (7-1/2 feet is required). UP REQUEST: To expand an existing restaurant 1,000 Square Feet into,• an existing building within the downtown area. Subject property is located at 226 Main Street (East side of Main Street approximately thirty feet (301) South of Olive Avenue). These requests are covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. This request was continued, Susan Pierce reported, to allow the applicant time to pursue additional parking. Since the applicant still does not comply with the required parking spaces for his proposed expansion, Staff would have to recommend denial. The only recommendation Staff could make for approval would be limiting the hours of operation to after 5:00 P.M. and on Saturdays and Sundays. Minutes, H. B. Board of Zoning Adjustments May 29, 1985 Page 2 Daryl Smith opened the Public Hearing. The applicant, Ronald Lingenfelter, was present and submitted a written statement to each of the Board members concerning his position in the matter. The letter is quoted as follows: "TO: Huntington Beach Board of Zoning Adjustments FROM: Patrick Isom and Ronald Lingenfelter, dba Spudley's 226 Main Street, Huntington Beach, California RE: Conditional Exception No. 85-19 BACKGROUND This matter arises from a request by the owners of Spudley's for a conditional use permit to expand the operation of the existing business an additional 1000 square feet into the rear of the present building. The business in question originally started as a ski and surf shop. A conditional use permit was granted to allow an area for the preparation of baked potatoes to be sold on a take-out basis. The business evolved into its present form where limited seating for patrons.is provided. During the evolution of the business, a beer and wine license was obtained. This was accomplished with City approval and knowledge. At that time, per the City's request, applicants did obtain the use of eight nearby parking spaces for their business. It was during these proceedings that the owners learned they were in violation of their conditional use permit by having indoor seating. Further, the applicants have obtained a general liquor license that they would like to use at the subject premises, necessitating a rapid conclusion to these proceedings if possible. UNDERLYING PROBLEMS From conversations with the staff of the Board of Zoning Adjustments, the two problems delaying approval of the conditional use permit are parking and Seismic Safety Standards for the building that the subject business is currently occupying. As the Board is aware, there is a lack of parking in the Main Street area during certain period due to the proximity of this area to the beach. The City raised this issue in its "The Downtown Specific Plan". However, no concrete solutions were given nor proposed in this document, nor were any estimate cost of providing parking discussed. As one alternative, the City has tried to obtain commitments, now, from property owners, in exchange for permission to expand an existing business or to commence a new business, to participate in a -2- 5/29/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 29, 1985 Page 3 parking solution later. The problem has been that many of the property owners have been reluctant to commit themselves at this point to participated (sic) in a parking solution because of the unknown cost factor. This is the problem in the instant case; the landowner will not commit, at this point to participation in the parking solution, as the ultimate cost to him is unknown. This leaves the applicants in the unfortunate position of having a thriving business in an area with little parking during the day; with the City conditioning expansion of the business, partially, on the business owner providing parking, or obtaining a commitment from the business owners' landlord to participate in a parking solution; and a landlord who will not participate in a parking solution due to the unknown cost involved. The other problem standing in the way of the Board's approval of the expansion of the business are the Seismic Safety Standards. Notices have been sent to property owners giving them six months from the end of April or the beginning of May 1985, to present to the City a plan for making their buildings earthquake safe. Once the plan is submitted,.the building owner has one year to complete the renovation of the building to bring it into compliance with the Seismic Standards. At this time, the applicants do not know what the building owner, a major landowner in the area, plans to do about the Seismic Safety Standards. The building owner has a significant amount of time left in which to do all that is required of him by the City. . It is not known by the applicants if the City's proposed redevelopment of the downtown area will significantly affect the landlord's decision on when or if he will make the required modifications to the building. PROPOSED SOLUTIONS Parking Applicants have obtained a commitment from a local property owner to have the use of 38 parking spaces after six o'clock P.M. on weekdays, on weekends and holidays. This more parking than the City was requiring applicant to provide. Seismic Standards According to the City's schedule, there are five months remaining before a plan has to be submitted to the City and another approximately seventeen months before the modifications to the building have to be completed. Therefore, applicants propose that they be granted their conditional use permit, allowing them to continue to operate their business as presently constituted. That the expansion be allowed into the rear of the building but that this portion of the premises only be open for use after six o'clock P.M., on weekends, and during holidays when the thirty-eight parking spaces become available for applicants' use. This solution would applow (sic) applicants to make use of their liquor license at the current location. -3- 5/29/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 29, 1985 Page 4 CONCLUSION The above appears to applicants to be a reasonable solution of the problem. Parking has been provided per the City's request and hopefully the City can work with the landowner to upgrade the property to meet current earthquake safety standards. A vote against the applicant's would destroy a major part of their business, and indeed would force them out of business. A precedent such as this would insure that new business would be hesitant about coming to the downtown area and would cause an even greater decline in the economic base of the downtown area. Such a down turn might affect the future development of the area and would certainly affect the summer season to which this area has historically catered." Les Evans asked if evidence had been submitted that the applicant would have the thirty-five (35) spaces available after 6:00 P.M. anc Ms. Pierce stated the applicant had eight (8) definite spaces and an agreement from the property owner to use the lot at 218 Main Street. However, the applicant has already expanded the operation of his business beyond the original entitlement to where he now needs twenty-five (25) spaces at all times. Pat Isom, partner in the business, also spoke in favor of the project, after which Glen Godfrey reminded Mr. Isom that the owner of the property refused to enter into a parking agreement with the Redevelopment Agency for the required parking. Mr. Godfrey stressed the fact that parking in the downtown area creates quite a serious problem for businesses and other local citizens. 1 Daryl Smith expressed extreme concern over the safety of people who would be patronizing businesses located in buildings in the downtown area which were considered seismically unsafe and stated he could not vote for such a project until the Board receives an opinion from the City Attorney's Office relative to the Board's responsibility in these matters. Mr. Lingenfelter stated he had seen many new businesses going into the downtown area within the last six months but Mr. Smith said this was the first application of this type the Board had acted upon since the Seismic Safety letter had been mailed. The subject of seating capacity in the proposed restaurant was broached by Jim Vincent. Mr. Lingenfelter said the square footage would be less than 2,000 but he did not know how many customers they would be able to seat. The Public Hearing was closed as there was no one else present to speak for or against the project. -4- 5/29/85 - BZA Minutes, H. B. May 29, 1985 Page 5 Board of Zoning Adjustments UPON MOTION BY VINCENT AND SECOND*BY EVANS, CONDITIONAL EXCEPTION NO. 85-19 AND USE PERMIT NO. 85-19 WERE REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Smith, Vincent NOES: Godfrey ABSENT: None ADMINISTRATIVE REVIEW NO. 85-21 Applicant: Carse Company A request to permit modernization of existing nonconforming service station - new canopies, main building addition, and additional landscaping at 19002 Magnolia Street (Southeast corner of Magnolia Street and Garfield Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Ms. Pierce stated this property is'considered nonconforming because it does not meet the landscaping requirements nor does it have signs in compliance with the Code. The applicant wishes to put canopies over the pumps and to modernize the building. Staff would recommend approval of the project with conditions. The applicant's representative, Ken Van Gordon, was present. He stated Shell Oil would agree to meet the conditions presented by Staff. UPON MOTION BY EVANS AND SECOND BY CRANMER, ADMINISTRATIVE REVIEW NO. 85-21 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 10, 1985, 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. 3. Landscaping shall comply with S.9482.1.1 and 9792 et seq of the Huntington Beach Ordinance Code. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. -5- 5/29/85 - BZA Minutes, H. B. Board of Zoning Adjustments May 29, 1985 Page 6 5. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 6. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 7. All signs shall comply with Articles 948 and 976 of the Huntington Beach Ordinance Code. 8. The site shall be restricted to servicing of automobiles and sale of automobile -related products. A "mini -market" shall not be permitted without the approval of a conditional use permit by the Planning Commission nor shall beer/wine sales be permitted without the approval of a use permit by the Board of Zoning Adjustments. 9. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. 10. Proposed structures shall be architecturally compatible with existing structures. 11. Low -volume heads shall be used on all spigots and water faucets. 12. 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. 13. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-23 Applicant: Chief Auto Parts/Southland Corporation A request to permit temporary signing in conjunction with a Grand Opening at 19011 Bushard Street (Southwest corner Bushard Street and Garfield Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff stated this store is located in a new shopping center and the applicant is requesting a temporary banner because there has been a "hold" on their planned sign program. Staff would recommend approval for a thirty (30) day period. -6- 5/29/85 - BZA Minutes, H. B. May 29, 1985 Page 7 Board of Zoning Adjustments The applicant's representative, Kathryn Lambert, was present and agreed to the conditions presented by Staff. UPON MOTION BY FVANS AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 85-23 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual sign plan and location plan received May 14, 1985, shall be the approved layout for Chief Auto Parts temporary signing. 2. Said sign may be displayed for a period of thirty (30) days, expiring June 28, 1985, or until a permanent sign is installed, whichever occurs first. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None UPCN MOTION BY SMITH AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY MORNING, JUNE 3, 1985, AT 10:00 A.M., AFTER PROPER POSTING OF THE AGENDA ITEMS, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments GKG:jh (2880d) IL -7- 5/29/85 - BZA