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HomeMy WebLinkAbout1985-06-26MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, JUNE 26, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, California Cranmer, Evans, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Hess, Poe AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP 83-564 Applicant: Surren er Dewan, Don Greek & Associates Staff reported that the applicant requested a continuance for one week. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 85-236 WAS CONTINUED TO THE MEETING OF JULY 3, 1985, BY THE FOLLOWING'VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None Daryl Smith directed staff to be sure to obtain written request for continuance from the applicant. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-30 AND USE PERMIT NO. 85-30 Applicant: Selleck Properties, Inc. Conditional Exception No. 85-30 is a request to permit revised parking lot layout with modified commercial entrance, reduction from 6% to 5.4% landscaping, and reduction of 2 parking spaces. Also, to allow 40% of building area to be calculated at warehouse ratio. Use Permit No. 85-30 is a request to permit remodel of existing shopping center and addition of 33,860 square feet of building area. Minutes, H. B. Board of Zoning Adjustments June,26,-1985 Page .2 These request's=.are,covered.by-,Negative.Declaration No. 85-28. Scott Hess 'r.eported-that the-_ proposed: addition and remodel: is one of the oldest shopping centers in Huntington Beach and staff recommends approval with+conditions. -, Daryl Smith opened the public hearing. Robert Selleck, President of Selleck �Proper.ties was:.present-.-.; He,.stated .that• it; was their intent to have a more attractive center and enhance the appeal for the customers which would result -.in increased sales. Daryl Smifth; stated concern that -half of,the-.parking is in, the rear of the -center.-,,Mr.;, .Selleck stated,= that the; parking, -in .the rear is for employees, and.. customers ,would; park in; the- front.., .E John Hipskind-,r- the, architect -for the, project, was ,present and available- for,=.que-stions. r None wer,e asked.- - .. - ..>. . There were no otherlpersons to speak for or against the project and the- publi,c--'hearing: was -closed. Daryl Smith stated that he- 'would b'e reluctant to vote for approval and -would prefer to continue_;to -give� the applicant time to work out problems in.the plan. Jim Vincent indicated that trash enclosures should be shown on the plan-. Les. Evans st-ated_'that .he :did- not. 'feel .that, the, ? pla . n would work- the way the, shopping :center_ is .set -.up.:: -He: -recommended :that the applicant. open the parking -in the ;rea-r_-.to, the regular customers and put in another pass through. Dave Robert, ,attorney -for •thel-applicant, requested a.• two -week continuance •and -requested to attend -the -study session -to work with staff. -on th-e_ plans = _ . UPON MOTION BY EVANS AND SECOND BY CRANMER, USE PERMIT NO. 85-30 AND CONDITIONAL.EXCEPTION"NO. 85-30 WAS CONTINUED TO THE.,MEETING OF JULY _10,`- 1985, BY THE'.FOLLOWING VOTE:_ _ AYES: Cranmer, NOES:, None:. - ABSENT_: None Evans, Godfrey, Smith, Vincent (2811d) -2- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 3 CONDITIONAL EXCEPTION 85-32/ADMINISTRATIVE REVIEW 85-22/NEGATIVE DECLARATION NO. 85-25 App ican : Jo n S: Gray/O. K. Earl Corporation A request to permit use of surplus land for landscape purposes between property line and back of sidewalk, reduction in planter width adjacent to landscaped -bank adjacent to McFadden Avenue, and encroachment into ten foot (10') front setback This request is covered by Negative Declaration No. 85-25 Scott Hess reported that the applicant is relocating a portion of the building to the east end of the site with the access gained from the southwest corner. He stated that staff has reviewed the request and recommended approval with conditions. Staff recommended an added condition that a Landscape Agreement be entered into between the property owner and the City for the area in the public right-of-way utilized as a slope easement (surplus land). Daryl Smith disagreed with staff stating that a Property -Maintenance Agreement would not be necessary. He suggested a condition that the applicant be required to do clean up maintenance and the City would do the major maintenance within the public"right-of-way area. Staff reported that the applicant is proposing 24 foot driveway. Staff is recommending 32 foot wide driveway for loading and unloading adjacent to two-way aisles and the building. Daryl Smith stated he did not recall the 32 foot wide driveway being discussed at the Monday morning meeting.- All requirements asked of the applicant at the Monday morning meeting were brought back on the plan, stated Mr. Smith. Tom Poe reported if there was "no parking" posted, the 24 foot driveway would be adequate. He said the Fire Department would require a condition that the building comply with _Fire Department Standards and Standard No. 414. Tank removal would have to be in. accordance with the Fire Department regulations. Daryl Smith opened the public hearing. Architect John Gray, present. He stated that one of the s' ela was p shaped lot. He said the doors along the lsides areloading'doors and not for long term parking purposes. He went on to say that if they were required to move the building back, it would hurt the -project considerably. The developer, Don Gardner, was also present and available for questions. None were asked. (2811d) -3- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 4 There were no other persons to speak for: •orL:againat-:the project .and the public hearing was closed. Scot-t=:Hess-_tepoit�s3h-a_t:_staff=ywouT3 recommend at least the major driveway on the south side be 32 feet wide. Les__Evarrs�o_ Pub.nij_ = Work s !stated it�:would•_notrbe iair-.to -spring a new requirement on the applicant at this time as the Board had agre`e�3=to di'd1=e-1_wi:dtfi: -ate the, Monday morning meeting. Daryl Smith agreed, stating that the Board had requested many changes: moving the building, vacating right-of-ways, and conditions. Ttie�efo_reh_e'=felt; it_would-;not be appropriate to change the driveway width at�this time unless the Fire Department required it. Glen =God-Frey=stated heTM'would b'e-r-voting aga,inst.:Cond.itional Exception No. 85-32 because he was opposed to the narrow aisle for two-way dr ie-Wi � He said- that �-it i�T --the t.f-irst �t•ime the. ='item -had been before the BZA at a public hearing. When the board meets at a study session to advise and work with an applicant that does not prediipos&','the board t61a coidmitment ao_=conditi-ons gat: an :adjourned study' -session' meeting;:s:, Les Evans asserted that staff should have submitted the new condition f tdi'the !develdpef`arid='not "spring :the, condition on him at the'71ast minute. To which Mr. Godfrey argued that the Board and st`aft `ofterr3'=if conditions warrant, make changes and add conditions at the, -Wednesday public hearings. ; ,fir (°C:_ t:�•'.tit '_., .r n ., , UPON'MOTION BY,=VINCENT1-ANDcSECOND BY EVANS, CONDITIONAL EXCEPTION ` NO. 85-32/ADMINISTRATIVE REVIEW NO. 85-22/NEGATIVE DECLARATION NO. 85=Z5_WAS-A0PROVED=AS AMENDED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS-FOROVAL-.;-' P`-'Inc 1: -z=ABecause�of'spec`ial circQmstances,,applicable--to4-the-.,subject --property j including_,:size, shape; --topography;;-location: or surroundings,'=the strictc=app•1:icationFof3cthe Zoning_Ordinance ' 'is foundzto;deprive the")sub:jectiproperty,.of,=privileges,, �enj y y=other~lproperties�,in�-the_-.v-icinity and -,under, . identicali zone= 2. The granting to preserve rights. of a conditional exception is necessary in order the enjoyment of one or more substantial property (2811d) .4- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 5 3. The granting of Conditional Exception No. 85-32 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 1. The site plan, floor plans, and elevations received and dated June 5, 1985 shall be the approved layout a revised site plan being submitted depicting the modifications described herein: a. Trash Areas b. Parking spaces 4,5,6, and 7 labeled and signed "Loading Area Only". C. Additional landscaping provided adjacent to the relocated building (eastern most point of site). 2. The building shall comply with all Fire Department standards and standard number 414. 3. The property owner will be required to maintain the interior shrubbery area and the City will maintain the outside. a. The property owner will be responsible for keeping all trash and debris out of all landscaped areas public and private. 4. Underground tank removal will be to the Fire Department regulations. 5. Aisle ways to be two way and posted as fire lanes per the Fire Department Regulations. 6. Gates to be designed per the Fire Department Regulations. AYES: Evans, Cranmer, Smith, Vincent NOES: Godfrey ABSENT: None CONDITIONAL EXCEPTION NO. 85-33 Applicant: E. J. Hannigan, Jr. A request to permit an addition to encroach 4-1/2 feet into ten foot exterior sideyard setback. (2811d) -5- 6/26/85 Minutes, H. B. Board of Zoning Adjustments iune, 26, 1985 t Page- 6- This--request is,: covered -by Categor-ical, -Exemption, Class 5,,- C a 1 ff or-mi a fi-4 i f 6 n rfi e n't a-r- Q(da 11 t y Act;--" 19 -7 0 : ------ S&dEt ff6ss reported tha-'t- "Elie "req'dets-t --is'to"add a 104 square foot greenhouse -off -.the- dining ning zoom.. _Staff recommends,.denial-due to insu f"L-clent.9-round-s 'fo-r, -'a-var.iance- because t h' a- befullYde,v616pedI with; -the -existing set666ks.', Daryl Smith'`bp'en'e d `pudic 'he"ar'16g''.- t d +Hannigan, the Ap'a'St Pl1c fi� stated 'that -tie 'd:i'd riot -realize that the corner -lots --required a 10,foot setback and _that, was , ­1 1 --., -, . , " - -I,- ­)- 5 ­�.­ - ­ -- - no other location ,;for, thd,-g�-,ee-�house DaTyI.:S-mi,h--asl��d -sStaff ,tdff iif­,there­had -been"' an -espons�e "from- the �y, - r neighbors,., comments -had b-e6n, expressed. There- -we'r-e-no li o' t"h- e- r. p" ersons n- ­preset�-to :speak- Jor. :or -against the item and the publicpublic-e-a-i-iEg -,�'as- closed.- ij- r Glen -God,f rey -ma-de­ a- 'mot ion,J or.,denia.l. based. ---on-,the findings, that an alternate -- location -- ''- would, serve the, same me -Motion failed fo lack r of -L 2- C Daryl Smithzasked,--if. the,,10 foot ­setback on -corner--lots is - required for .-aestheti - - - ­ - 1­1 1- - - ­ t.)­ ­ ­- - -­ ­�9,1.reas­ons,. --Gicin.-,,Godfrey,,indicated,-it is because of noise Aq.jaqep,t, -to .the,streets­ n Daryl Smith- s.u­g,ges,tpA that ra,icon i-, ion khe -added,-to, -.r-equire the applicant.. provide =add,,j,tio . n _ql-,jtxeqs-c-tha.t�.wou1d gr-ow.�-aove,� b-the,'6foot wall., UPON MOTION BY EVANS-AND SECOND BY CRANMER, CONDITIONAL EXCEPTION NO..- 8573 3, WAS CONDITIONAL AP4PROVED.-_BY ,THE FOLLOWING -VOTE-: FINDINGS .,FOR L Because of_special . c i r-c u ms1ta n c_e _applicab e to the subject Property, incl uiding-'s-iie, shape, topog"ja'phy, location or surroundings, .the ct., appl:i cation- -.,of-,the -Zoning ordinance is-fo6nd- -to- dep'iv -t- subject. ;of. , privileges he j qct.Sropjer�ty -.enjoyed. by, -,other. p h cin ty -and, under e .vicinity identical zone -classifications.-, The addition will fac e Oce'anbre-eze,, Lane­=w- h _s. -considered .a. local -street.which -will have littl e and n odor impacts (2811d) -6- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 7 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. 85-33 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The side yard is currently enclosed by a 6 foot high block wall which screens the side yard. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL 1. The site plan, floor plans, and elevations received and dated June 6, 1985 shall be the approved layout. 2. The development shall comply with 'all applicable provisions of the Ordinance Code, Uniform Building Code, Building Division, and Fire Department. 3. The applicant is encouraged to provide additional landscaping on the interior side of the block wall to buffer the proposed addition. AYES: Cranmer, Evans, Smith, Vincent NOES: Godfrey ABSENT: None USE PERMIT NO. 85-34 Applicant: Warner's Mobil A request to permit a snack shop in an existing service station. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1979. Scott Hess reported that staff recommends approval with conditions and recommended a revised site plan depicting the modifications be submitted. Glen Godfrey suggested adding a condition to limit the size of the shelves and coolers to what is shown on the plan. Daryl Smith opened the public hearing. (2811d) -7- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 8 Nibal Sidhom-cthe applicant was present. =He asked the Board -why there was a -condition that -excluded beer or wine -,sales as other- service:stations in,Huntington:Beach-sell beer, --and wine. There waszgeneral'discussion•'by=the•-Board ,members.-regarding,,.the- problems t that have : occurred :wi°th `this type of use ._and ,,indi-cated that the City Council has requested this be part of the conditions for approval There were no _-other= persons to; speak_,for ,or against , the item and the public hearing wasclosed.; UPON MOTION BY EVANS AND SECOND BY CRANMER, USE PERMIT NO. 85-34 WAS CONDITIONALLY�APPROVEDf� BY THE FOLLOWING VOTE: FINDINGS.FOR;APPROVAL:-:; ••--i, 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 proposal is consistent with the�City's General Plan of -Land' -Use -.-- CONDITIONS OF'APPROVAL: 1. A- revised 'site -plan =,of :suitable scale -.depicting::the modifications described herein shall be submitted and approved prior to issuance of a building permit. -Landscaping--incompliance with S.9482.1.1. b. Minimum --of ,5.-parking::spaces in. -compliance with Article 979. 2.' Landscape -and irrigation plan to the Department of Development Services and Public Works for review and approval. 3. ,:,Landscaping shall be -installed and approved prior to new use. (2811d) -8- 6/26/85 r�l Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 9 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. The major identification sign shall be removed or altered to comply with Article 948 within ninety (90) days. 6. All signs shall comply with Articles 948 and 976 of the Huntington Beach Ordinance Code. 7. A revised Certificate of Occupancy shall be issued. 8. No beer and wine sales are permitted. 9. This Use Permit shall not become effective until an "Acceptance of Conditions" form has been signed and notarized by the applicant and the property owner. 10. The Board of Zoning Adjustments reserves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 11. The food area shall be in substantial conformance to these floor plans dated 6-6-85 and shall not exceed a floor area of 120 square feet. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None USE PERMIT NO. 85-35 Applicant: William R. Ellis/Seacliff Village A request to permit a temporary (one day) outdoor event - July 4, 1985. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1970. Staff recommended approval with conditions as presented. Daryl Smith opened the public hearing. William Ellis, the applicant was present. conditions have been met. (2811d) mc He stated that all of the 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 10 There were no-other.-persons-present.to speak.for_or.against the item and the public hearing was closed. - UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-35 WAS CONDITIONALLY, APPROVED, BY;.THE .FOLLOWING, VOTE: _ - ;, FINDINGS FOR APPROVAL: - 1. The--establishment,.-maintenance and operation of the use will not be detrimental to: a; , ._ The-generalwelfare'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 rCity's General Plan of Land Use. CONDITIONS -OF APPROVAL:,; - - - 1. The site plan received June 11, 1985 shall be revised to reflect a,reduced•event,area-within the fire lane to allow additional access to parking areas. 2. The applicant shall obtain necessary electrical permits. 3: -_..Prior-to= tfi e operation of any equipment used in conjunction with the "special event", the City shall inspect to insure -that the State,of California-- OSHA Certification is current. 4. ,-A ,-certificate of insurance-form-shal-1 be .filed _in .the ..: Administrative-Services*Department,.in the amount deemed necessary by the Public Liability Claims Coordinator along with .-a Hold, Harmless :Agreement..executed by the _insured at - least;.five (5)_ _days --prior, -to "the-ev-ent., 5. All alcoholic Beverage Control requirements shall be met. 6. A :layout .and-cir"culation plan-sAha1-1 be approved by the Fire Department prior to the event. Fire access lanes shall be maintained." (2811d) -10- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 11 7. An on -site inspection by the Fire Department may be required prior to the event. 8. Appropriate temporary signs for the direction of traffic and on -site parking shall be provided by the applicant. The signs, located and content to be as required by the Traffic Division of the Police Department. 9. If applicable, the applicant shall submit to the Police Department a request to operate "games of chance" for their review and approval prior to the event. 10. The applicant shall provide for clean-up of the area after closing of the event. 11. Any outside cooking facilities shall be approved as to type and location by the Fire Department prior to the event. 12. A certificate to operate shall be issued by the Department of Development Services prior to operation of the event. 13. An area shall be designed and roped off for beer and wine, controlled by a security person with signs. The applicant should check with the Police Department for particulars prior to the event. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-30 Applicant: Architects Orange A request to permit construction of eight industrial buildings. This request is covered by Negative Declaration NO. 85-7. Staff reported that the applicant had requested a one week continuance. UPON MOTION BY CRANMER AND SECOND BY EVANS, ADMINISTRATIVE REVIEW WAS CONTINUED TO THE MEETING OF JULY 3, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None (2811d) -11- 6/26/85 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 12 TENTATIVE PARCEL MAP NO. 85-236 App scant: Te Szu a A request tb'create a three unit industrial condominium. This request is covered by.Negative Declaration N'o.­79-35.' Staff recommended approval of the map,with conditions as presented. One'of the"owners,'-Gary Gunderson, was present and accepted the conditions. UPON MOTION --BY -EVANS AND,,S•ECOND-BY GODFREY, TENTATIVE.PARCEL MAP WAS CONDITIONALLY__ - APPROVED, -,BY:THE FOLLOWING. VOTE: _ FINDINGS FOR`APPROVAL: i 1 : The_ proposed subdivi's.ion of_ one„ (1 ) parcel _for purposes of commercial use. in'compliance-ivith-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 asJsetting'- 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,,'treet 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-June-13, 1985, shall be the approved layout (with the amendments as _noted thereon).' 2. A'parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. (2811d) -12- 6/26/85 1 ii 1 Minutes, H. B. Board of Zoning Adjustments June 26, 1985 Page 13 3. A copy of the recorded parcel map shall be filed with the Department of Development Services. 4. All previous conditions of Tract 11831 shall be applicable. 5. The condominium plan and CC&R's shall be submitted to the City Attorney and Development Services for review and approval 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. a. A parking management plan shall be incorporated into the C.C.& R.'s which addresses reciprocal and/or assigned parking. AYES:! Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 83-565 Applicant: Mola Development Corporation A request for a one year extension of time to allow for development of•property into a commercial project. This request is covered by Beach/Warner Environmental Impact'Rbport. UPON MOTION BY GODFREY AND SECOND BY EVANS, TENTATIVE PARCE MAP.NO. 83-565 EXTENSION OF TIME WAS APPROVED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None There was no further business to be discussed. UPON MOTION BY EVANS AND SECOND BY SMITH, THE REGULAR MEETING WAS ADJOURNED TO THE STUDY SESSION OF MONDAY, JULY 1, 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Smith, Vincent NOES: None ABSENT: None ABSTAIN:Godfrey Glen K. Godfrey, Secretar Board of Zoning Adjustments jr (2811d) -13- 6/26/85