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HomeMy WebLinkAbout1985-07-31 (7)MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 31, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Evans, Godfrey, Smith, Vincent STAFF MEMBERS PRESENT: Hess, Poe MINUTES: UPON MOTION BY EVANS AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF JULY 3, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Smith NOES: None ABSENT: None ABSTAIN: Godfrey, Poe UPON MOTION BY GODFREY AND SECOND BY CRANMER, MINUTES OF THE REGULAR MEETING OF JULY 10, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith NOES: None ABSENT: None ABSTAIN: Poe REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 85-42 Applicant: D'Ambra, Inc. A request to permit a room addition to encroach into the required open space area resulting in two (2) trapezoid areas with one 456 Square Feet in size with a minimum dimension tapering from 26 feet to 12 feet (average 19 feet) which is less than the minimum requirement of 20 feet. Subject property is located at 17382 Mayor Lane (East side of Mayor Lane approximately 70 feet North of Manhattan Drive) This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1970. Minutes, H. B. Board of Zoning Adjustments July 31, 1985 Page 2 Staff said this property is zoned F1 and the applicant: is proposing to erect a 560 Square Foot addition to be located near the center of the side yard open space. This lot is of an irregular size and this addition will create two (2) trapezoid -shaped area - one in the front and the other at the rear of the property. The applicant's addition will come within five feet (51) of the side yard property line. The existing roof pitch is "4 to 12" but we are recommending it be changed to a "3 to 12" pitch. There has been no response from the neighbors regarding this project, and Staff is recommending approval with findings and conditions. Mr. Vincent arrived at the meeting at 1:40 P.M. The Public Hearing was opened by was present. Mr. D'Ambra agreed There was no one else present to the Public Hearing was closed. Chairman Smith and Dennis D'Ambra to the conditions as presented. speak for or against the project so UPON MOTION BY EVANS AND SECOND BY VINCENT, CONDITIONAL EXCEPTION NO. 85-42 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: LJI 1. The proposal is consistent with the City's General.Plan of Land Use. 2. Granting of reduction in open space minimum dimension will not reduce the required total open space area (900 Square Feet). A total of 1,176 square feet of open space area will be provided; 720 square feet in one area and 456 square feet in another. 3. Because of special circumstances applicable to the subject property (its irregular shape), 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. 4. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. Two usable open space areas will be provided. 5. The granting of Conditional Exception No. 85-42 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. -2- 7/31/85 - BZA Minutes, H. B. Board of Zoning Adjustments July 31, 1985 Page 3 CONDITIONS OF APPROVAL 1. The site plan, floor plans, and elevations received and dated July 5, 1985 shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. Proposed structures shall be architecturally compatible with existing structures. The roof pitch shall be "3 to 12". AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None USE PERMIT NO. 85-45 Applicant: Daniel T. Sheroski A request to permit a "Take -Out Only" restaurant in an office building based on joint use parking to be located at 18042 Beach Boulevard, Suite C (East side of Beach Boulevard approximately 185 feet South of Talbert Avenue). This request is covered'by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Scott Hess said this building had originally been approved as an office building but the applicant is now proposing a "take-out" restaurant - Little Caesar's Pizza - be allowed. There is no reciprocal parking easement and there is a parking deficiency of six spaces. There has been no response from adjacent property owners but Staff is recommending denial of the project based on our findings. Daryl Smith opened the Public Hearing and the applicant, Daniel T. Sheroski, was present. Mr. Sheroski pointed out that his patrons would only be occupying parking spaces for short periods of time and asked about the possibility of obtaining approval based on off -site parking. A discussion followed concerning this possibility. Mr. Smith mentioned other problems with the project such as landscaping, traffic circulation, etc. When Chairman Smith asked if there were others present wishing to speak, Robert M. Lambert stated he was the owner of the adjacent property and he would absolutely refuse to enter into any type of reciprocal parking agreement. The Public Hearing was closed as there was no one else to speak for or against the project. -3- 7/31/85 - BZA Minutes, H. B. Board of zoning Adjustments July 31, 1985 Page 4 Les Evans reiterated Mr. Lambert's statement about reciprocal parking and further added that the Board had no choice but to deny the project based on this information. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-45 WAS 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 welfare of persons working in the vicinity. 2. On -site parking and circulation are inadequate and have the potential of creating a congestion and circulation hazard. The design, number, and arrangement of parking spaces is not conducive for a take-out restaurant because the original development was designed for office uses. 3. There is an insufficient number of parking spaces to accommodate the restaurant use and remaining office and retail space within the building. The existing retail use is 1,985 square feet which requires 10 parking spaces; the proposed restaurant is 1,160 square feet which would require 6 spaces; and the remaining portion of the building is 1,305 square feet which requires 5 spaces, for a total requirement of 21 spaces. There are fifteen spaces available on the premises. 4. Ten of the fifteen spaces are allotted to the existing retail space which limits the remaining usage of the building to office space. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-34 Applicant: Wycliffe Bible Translators A request to construct a 1,760 Square Foot basement addition to an existing 57,560 Square Foot office building to be located at. 19891 Beach Boulevard (West side of Beach Boulevard approximately 915 feet North of Adams Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff said the property is zoned C4 and the applicant is requesting a basement addition to an existing office building. It will encroach into the existing landscaping on the property. Staff is -4- 7/31/85 - BZA Minutes, H. B. Board of Zoning Adjustments July 31, 1985. Page 5 recommending approval of the project with submittal of revised plans indicating a reduction in size so the Edison transformer may remain in its current location and the applicant does not lose two parking spaces. Also, the eighteen inch (18") planter abutting the West side of the addition shall be widened to four feet (4') - 216" may encroach into the required parking spaces. The trash storage areas shall be enclosed with a six foot (61) high block wall and gates. Concern over the net loss of landscaping was expressed by Daryl Smith and Staff broached the subject of parking and of restriping the parking lot. The applicant's 'representative, Elroy J. Condit, was present. Mr. Condit agreed to restriping the parking lot and the trash bin enclosure. Tom Poe said the entire building would have to be brought up to Code standards for sprinklering per Fire Department requirements. Mr. Condit objected to this request, stating the addition of sprinklers throughout the building would be more costly than the addition itself. Glen Godfrey said it was his feeling the moving of the transformer was unnecessary and could be eliminated from the conditions. UPON MOTION BY GODFREY AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 85-34 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The plans dated July 1, 1985 shall be revised and submitted to the Development Services Department depicting the modifications described herein: a. Trash storage areas shall be indicated on the plans and improved to City standards by providing a 6 foot high block wall enclosure with view obscuring gates. b. A trash storage area shall be provided and improved adjacent to the existing"motel per City standards. 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 that meets the intent of the Code. -5- 7/31/85 - BZA Minutes, H. B. Board of Zoning Adjustments July 31, 1985 Page 6 b. If necessary, a 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. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. All conditions of Administrative Review No. 82-1 and any other applicable entitlements shall remain in effect. 5. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 6. Proposed structures shall be architecturally compatible with existing structures including roof style (parapet) to be approved by the Development Services Department. 7. Additional parking spaces shall be provided, if necessary. 8. Prior to issuance of building permits the applicant shall restripe the parking lot so that it conforms to the provisions of Article 979 of the Huntington Beach Ordinance Code. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None SITE PLAN -AMENDMENT NO. 85-22 Applicant: Cambro Manufacturing Company A request to installea twenty-six (26) Square Foot storage shed within a M1-A Zone. Subject property is located at 19151 Huntington Street (West side of Huntington Street approximately 360 feet North of Clay Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1970. Staff reported this is a request to allow relocation of the hazardous waste materials away from their main building so the employees will not be in danger. Staff is recommending approval with conditions. Glen Godfrey asked whether the building would have a break -away roof and Tom Poe said that was a Fire Department requirement. The applicant's representative, Dick Hammond, was present and stated they would abide by the Board's requirements. -6- 7/31/85 - BZA Minutes, H. B. Board of Zoning Adjustments July 31, 1985 Page 7 UPON MOTION BY EVANS AND SECOND BY SMITH, SITE PLAN AMENDMENT NO. 85-22 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 3, 1985 shall be the approved layout with the following conditions: a. The area in front of the storage unit shall be striped for no parking. b. The storage shed shall be painted to match the existing building. 2. The the development shall comply with all applicable provisions of Ordinance Code, Building Division, and Fire Department. 3. The location to be approved by the Fire Department. 4. The sprinkler shed must be system equipped with a deluge type automatic approved by the Fire Department. 5. An ultra violet detector approved by the Fire Department to be installed, in the shed. 6. The building is to be identified with appropriate labeling approved by the Fire Department. 7. A materials data sheet for each hazardous material must be kept on premises readily available for emergency use. AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES:' None ABSENT: None MISCELLANEOUS AGENDA ITEMS: RECONSIDERATION OF USE PERMIT NO. 85-40 Applicant Gloria Costa A request for removal of Condition No. 3 imposed by the Board of ,Zoning Adjustments in Conditions of Approval dated July 24, 1985. Subject property is located at 119 Main Street (West side of Main Street between Pacific Coast Highway and Walnut Street. Staff explained that the applicant was requesting elimination of seismic safety standard which was imposed by the Board at their the meeting of July 24, 1985. -7- 7/31/85 - BZA Minutes, H. B. Board of Zoning Adjustments July 31, 1985 Page 8 The applicant's representative, Carlos Costa, was present. He explained to the Board that his parents were facing a serious problem in complying with this requirement. He further stated the portion of the building which they own shares a common wall with another business. In order to conform with the seismic requirements, it would be necessary to close the second business for a period of time while doing the work, and that owner has refused to close his business during the height of the beach season. Mr. Costa added that if they could not get their own business back into operation very quickly, they would lose everything they own, including their home. Daryl Smith stated he could not approve any new business being allowed without the seismic improvements because the public would be endangered. The applicant further stressed their willingness to enter into a parking agreement with the Redevelopment Agency and said they had been given information by the City before purchasing this building which had since been determined to be erroneous. He also added they want to comply with the seismic requirements and would do so as soon as possible, but it is strictly a matter of timing. UPON MOTION BY CRANMER AND SECOND BY VINCENT, CONDITION NO. 3 WAS REMOVED FROM THE CONDITIONS OF APPROVAL FOR USE PERMIT NO. 85-40 WHICH WERE IMPOSED BY THE BOARD OF ZONING ADJUSTMENTS AT THEIR MEETING OF JULY 24, 1985. Condition No. 3 read as follows: "The building shall be brought into seismic safety compliance prior to final occupancy of the building and/or restaurant." AYES: Cranmer, Evans, Vincent NOES: Godfrey, Smith ABSENT: None There was no further business to be discussed. UPON MOTION BY CRANMER AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY AT 10:00 A.M., JULY 29, 1985, AFTER PROPER POSTING OF AGENDA ITEMS, BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Vincent NOES: None ABSENT: None Glen K. Godfrey, Secretar Board of Zoning Adjustment's 1 jh (3101d) -8- 7/31/85 - BZA