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Home My WebLink About1985-06-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JUNE 12, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Pierce, Poe MINUTES: UPON MOTION BY CRANMER AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF MAY 15, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith NOES: None ABSENT: None ABSTAIN: Vincent AGENDA ITEMS TO BE CONTINUED CONDITIONAL EXCEPTION NO. 85-2 AND USE PERMIT NO. 85-5 Applicant: Gerald Sv Golob Sta-fEireported that the applicant had requested a cont`i-nuance to the meet-ing of June 19, 1985. UPON MOTION BY GODFREY AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 85-2 AND USE PERMIT NO. 85-5 WERE CONTINUED, AT THE APPLICANT'S REQUEST, TO THE REGULAR MEETING OF JUNE 19, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-26 Applicant: William Leland Staff reported that the applicant had requested a continuance to the meeting of July 24, 1985. UPON MOTION BY GODFREY AND SECOND BY EVANS; ADMINISTRATIVE REVIEW NO. 85-26 WAS CONTINUED, AT THE APPLICANT'S REQUEST, TO THE REGULAR MEETING OF JULY 24, 1985, BY THE FOLLOWING VOTE: Minutes, H. B. Board of Zoning Adjustments June 12, 1985 Page 2 AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-28 (Continued from June 5, 1985) Applicant: Ernest E. Calkin A request to permit a room addition to encroach five feet (51) into the required ten foot (10') setback. Subject property is located at 9382 Cliffwood Drive (South side of Cliffwood Drive at intersection of Kenyon Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Susan Pierce stated this is a request to add a new room to the rear portion of an existing dwelling. This residence was constructed in a typical tract with average lots of 6,000 Square Feet, but the applicant's lot is smaller. Staff has prepared two courses of action for the Board - denial based on there being no land related hardship, or the Board may choose to approve because of the smaller size of the lot in relation to adjacent properties. Daryl Smith opened the Public Hearing and the applicant's wife, Donna Calkin, was present. Upon questioning by Mr. Smith, Mrs. Calkin stated she and her husband were the original owners of the property and were aware of the smaller size of the lot'when they purchased it. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. Jim Vincent asked if the applicants were meeting their open space requirements and Ms. Pierce said they were. Les Evans suggested to Mrs. Calkin that they might make the addition smaller but she felt it needed to be this size in order to incorporate the interior structures they wanted. UPON MOTION BY GODFREY AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 85-28 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not -2- 6/12/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 12, 1985 Page 3 appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. 2. Since the subject property can be fully developed within regular established setbacks, such a conditional exception is not necessary for the preservation and enjoyment of substantial property rights. 3. The subject property was legally subdivided and developed in a manner consistent with applicable zoning laws. AYES: Cranmer, Evans, Godfrey, Smith NOES: Vincent ABSENT: None USE PERMIT NO. 85-33 Applicant: Barker Bros./Pat Markowitz A request to permit a three (3) day outdoor -furniture promotion in a 60' x 90' tent. Subject property is located at 83 Huntington Center (North side of Edinger Avenue approximately 500 feet West of Beach Boulevard). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Staff stated this particular agenda item shows a request for a temporary three (3) day event. In reality, it will be for a longer period of time. The applicant approached the City without enough processing time to properly advertise the request so letters will be sent to the adjacent property owners for the remainder of the time period, and it will have to be heard by the Board again next week. Jim Vincent said the necessary Fire Department permits had been obtained but the applicant needs to furnish "hold harmless and insurance" forms. The applicant's representative, Pat Markowitz, stated these items were being properly handled. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-33 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site layout shall be substituted by a precise site layout. -3- 6/12/85 - BZA Minutes, H. B. Board of Zoning -Adjustments .Tune 12, 1985 =_ Page 4 2. Fire access lanes shall be maintained.,_ 3. The applicant shall obtain all necessary=electrical,permits. 4. Certificate of Insurance (including Hold Harmless Agreement) ` -shall be. approved :by_ the -Risk. Manager, of the City of Huntington Beach -f %ve- (5 i -days -prior= to= the event. AXES: Cranmer,,Evans,,Godfrey,.Smith, Vincent NOES--.-------- None = .. ABSENT,: ---,None - COASTAL, DEVELOPMENT- PERMIT.. -NO. , 85-8 AND ; 'SITE - PLAN AMENDMENT NO: = 85=13' .... Applicant: Kiku6' Imainura; A -.-request to permit a 141..Square:Foot addition to an existing restaurant locatad-at 16232'Pacific'Coast-Highway (700 feet + southeasterly_'of-Mariner Drive). This request is covered by Categorical Exemption, Class 1, Californ.ia,_Environmental.•Quality Act, 1970. Ms.:Pierce; reported, -, that, back in;,Mar-ch,,o£,.this. year,- the applicant submitted.a request`to-add a smalle`r`amount'of-space to an existing restaurant --This—request— as not processed at that time because of .deficiencies -in -the request-and,now-.requires.-a.Coastal Development Permit -,approval. ; ;.Staffs presented a "marked up" plan to the Board members for study.' Landscaping does meet the six percent (6%) requirement -but.. -does -:not, -satisfy -.,the _ minimum. -planter,. width, nor - is it in goodrepair-The-trash enclosure- is;,not. in;,compliance,- , Additional-landscaping_:inthe-,rear of=;the property_.would help, -screen the -,enclosure from the adjacent property. Staff read the prepared Conditions of Approval to the Board members and applicant.' Daryl Smith.,commented on the issue of parking `and traffic circulation,, -and Les Evans stated he could not consider a Coastal Development Permit approval which eliminated any parking spaces. Ms:.• Pi_ erce-reminded:_ the --Board- there was a motel next door which could -bye causing.someJo,f., the traffic problems. Mr. Godfrey -in terject-ed--th-e--fa-ct�the restaurant was very short on parking and asked wha.ty the previous Board's._, iustif,ication.-was f_or_ the- reduction- -in--parking.: Staff said -,apparently the Chairman of that Board had felt landscaping'wasimore important at that time than parking and would •make; the project more -attractive,, - The Public Hearing was- opened- for, both the' Coastal' Development Permit and the Site Plan Amendment. C -4- 6/12/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 12, 1985 Page 5 Shigeru Masumoto spoke for the applicant. Mr. Masumoto stated this was a case of the old permit not being fully exercised. He further stated they had complied with the street dedication by bonding either with the City or the County - he could not remember which. Les Evans said that could be easily verified; however, they would still have`to comply with the street improvement conditions in the original approval. Upon questioning by Daryl Smith, the applicant, Kikuo Imamura, stated parking was ample during the lunch period but they needed more parking'space for the dinner hour. Don Spargur, owner of the adjacent property, said he had cooperated in the past with the restaurant owner by allowing them to use space on his lot. Mr.Spargur has now rented part of his building to a chiropractor who is unhappy over the parking situation, and, naturally, the tenant would take precedence. Paul Smith, member of the Board of Directors of an adjacent condominium project, stated he would like to have this situation resolved so they could continue with their project. Daryl Smith closed the Public Hearing. UPON MOTION BY GODFREY AND SECOND BY EVANS, COASTAL DEVELOPMENT PERMIT NO., 85-8 AND SITE PLAN AMENDMENT NO. 85-13 WERE DENIED FOR THE FOLLOWING REASONS, BY THE FOLLOWING VOTE: REASONS FOR DENIAL - COASTAL DEVELOPMENT PERMIT: 1. The development does not conform with the public access Policies of the California Coastal Act. 2. The Coastal Development Permit application does not provide sufficient parking for the proposed project. - REASONS FOR DENIAL - SITE PLAN AMENDMENT 1. The revision constitutes a substantial change. 2. The revision does not improve the parking area which is insufficient for the use. 3. The revision does not comply with current or previous Article 979 parking requirements. 4. Testimony was presented at meeting which indicated the existing parking is insufficient. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None -5- 6/12/85 - BZA Minutes, H. B.,Board of Zoning Adjustments June 12, 1985 Page 6 - Daryl Smith stated- he- would_ like the record_ t-o reflect that the applicant- -indicated park=irig- problems exist_ed-_-in" the evenings -and parking was.- being: s 'done_ on-, other people''proper'ty,, which 'was substantiated by,the-neighbors. - - -- SITE PLAN_, AMENDMENT NO. -85-20 Appl i'cant • '-Joe 'Evans A request -'to permi-t n'ew and reciprocal` parking- space`s and reciprocal trash- a'rea`.- : Subj-ect- property is located at 17171 - 17181 Elm Street (West -side of Elm Street approximately 2_00 feet South of -Cypress Avenue)- .This request -is covered by,Categorical Exemption, Class 1, Cali fornia_Environmental Quality Act,, 1970. Ms-- Pierce'said Joe Evans, the applicant, is purchasing two apartment complexes_. He wishes to take the parking area for the newest complex and-change_it from parallel parking to perpendicular-=. -He--will=- need---a'reciprocal• parking agreement. The fifteen (15) gallon trees would have to be relocated and Staff would recommend they have at least one trash enclosure per project rather than only one -to service- both�'complexes -as the -applicant is requesting. - - Les -Evans stated all street improvements would -have to be installed for both` projects.._ The applicant, Joe Evans,, was_ present. He stated that he and his -other partners were spending -approximately $5.0,00-0::00 to blend these two, projects,'t- g`ether. `Mr .,` _Evan;' further stated' they^ would have common_ landscaping,- kioth-- b_uildin_ gs' woul'd' be tiled the: same, and both woul-d' be- painted- the `same- color _ - Patrick `Evans-, another partner in the- project-,- ment-ioned the wide area on the side which could better accommodate further parking than being_ used foz a recreation •area`. "- He ,said Charter Center would probably create a--' parking problem 'for all the residents'in that area. UPON MOTION BY EVANS AND SECOND BY GODFREY, SITE PLAN AMENDMENT NO. 85"-20 WAS'APPROVED-WITH-THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE'c CONDITIONS OF APPROVAL:_ 1. -A revised plan shall be submitted for the amendments to Use Permit--No_.'--84-44- 'and Use Permit No. 78-56: -6- 6/12/85 - BZA Minutes, H. B. Board of Zoning Adjustments June 12, 1985 Page 7 a. Separate trash areas on each parcel b. Trash areas oriented with access not facing public street C. Relocation of the four (4) trees required along the North property line of 17181 Elm Street (Use Permit No. 84-44) d. Parking spaces in compliance with Article 979 e. Depicting full street improvements 2. The subject property owners shall enter into parking easement. A an irrevocable copy of the legal instrument approved by the City Attorney as to form shall be and approved, shall be recorded in the Office of Recorder and content and, when the County a copy filed with the Department Services prior to final inspection of 17181 of Development Elm Permit No. 84-44). Street (Use 3. Street improvements shall be installed to the the Public Works satisfaction of AYES: Department. Cranmer, Evans, NOES: Godfrey, Smith, Vincent None ABSENT: None Daryl Smith asked for Glen Godfrey's comments on the Board of Zoning Adjustments By -Laws. Mr. Godfrey stated that, in accordance with the City Attorney's memo of May 30, 1985, to James Palin, Director Of Development Services, he would recommend the following language be added under Section 6 of the By -Laws: "Regular meetings may be adjourned to Monday of each week at 10:00 A.M. to the Board of Zoning Adjustments Study Session in the Third Floor Conference Room. Notice of such meetings shall be Posted, with proposed items for study included thereon, in the Main Lobby of the Civic Center. UPON MOTION BY EVANS AND SECOND BY CRANMER, THE PROPOSED CHANGE TO SECTION 6-OF THE BOARD OF ZONING ADJUSTMENTS BY-LAWS WAS APPROVED BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None There was no further business to be discussed. -7- 6/12/85 - BZA Minutes-; , H . B.. Boardc:of;�' Zoning;:Adjustm_ents., June�12;r1985- - Page-8:7 UPO1V' MOTION= BYoSMITHc:AND-,SECOND BY-,GODFREY, THE REGULAR,,MEETING WAS. ADJOURNEDF TO')THE`-STUDY SESSIOWON MONDAY,,,;JUNEC,17,,c4T,10:00`A:M., BY THE-= FOLLOWING!=VOTE:.:; ; i _ :i ..., �' - t --C' c;� i s a ,n . :i7 U= �f'- i. ' `� == Cranine t,c- _-_.r AYES:...L, =� r;r,�Evans;_Godfrey;;-Smith�;�Vincen-.,��,;_,• _ NOE L ;:a Nonec ABSENT:,t F None. c,v:z;_ . ;,-.•..: F.:- 1 : -; J.,` ; c Y: :Sl i_rLl f. G1'en 'RiA Godfre ;� Secret,a-ry.,%, ci er �tiL Board- - ``� •:�- � � i'- -' -, - . - , of :ZonTrig Wdjus�tme-nts� ;;•_ A,.,=,v -8- 6/12/85 - BZA