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HomeMy WebLinkAbout1985-09-25MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 25, 1985 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer (LA), Evans, Godfrey, Smith, Poe STAFF MEMBERS PRESENT: Hess MINUTES: MINUTES OF THE REGULAR MEETING OF AUGUST 28, 1985, WERE DEFERRED TO THE REGULAR MEETING OF OCTOBER 2, 1985, FOR LACK OF VOTING MEMBERS. UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF SEPTEMBER 11, 1985, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE AYES: Evans, Godfrey, Smith, Poe NOES:. None ABSENT: Cranmer AGENDA ITEMS TO BE CONTINUED: TENTATIVE PARCEL MAP NO. 85-208 Applicant: Lawrence L. Truman/RMG Engineering, Inc. UPON MOTION BY GODFREY AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 85-208 WAS CONTINUED, AT THE REQUEST OF THE APPLICANT, TO THE MEETING OF OCTOBER 9, 1985, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Smith, Poe NOES: None ABSENT: Cranmer REGULAR AGENDA ITEMS: USE PERMIT NO. 85-48 (Continued from September 18, 1985) Applicant: Ivan and Jorge Ulloa A request to construct a 504 Square Foot patio enclosure to an existing drive-thru restaurant (George's Mexican Food), add landscaping, and revise the parking layout. Subject property is located at 6581 Edinger Avenue (North side of Edinger Avenue approximately 400 feet East of Edwards Street). Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 2 This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Scott Hess reminded the Board this application had been continued from the meeting of September 18, 1985, because of problems with the trash enclosure and Staff was advised to inspect the property. Staff reported the Health Department had checked the restaurant and there were lots of odors and flies. The Health Department, however, did not make any recommendations as to the location of the trash enclosure. Daryl Smith said the Board had previously discussed relocation of the trash enclosure to the rear of the restaurant away from the residential area and that the applicant be required to keep it in a clean condition. Chairman Smith stated the Public Hearing had remained open from the meeting of September 18, 1985, and the applicant, Ivan Ulloa, was present. Mr. Ulloa said he would have no problem conforming with these items. The adjacent property owners and residents were represented by Gerald Collins, who stated that what was being discussed was very nice but the applicant had been cited previously for infractions without continuing to comply with the instructions given him at that time. Mr. Collins further requested that the City determine some way of following up on this request, if granted, to see that Mr. Ulloa was continuing to conform with the stipulations placed by the Board. Ross Cranmer arrived at the meeting at this time - 1:40 P.M. Scott Hess suggested that the Board might condition the moving of the trash enclosure to be met prior to issuance of building permits. The Public Hearing was closed since there was no one else present wishing to speak for or against the project. Les Evans moved for approval of the Use Permit with the condition that the trash enclosure be moved to the rear of the restaurant and located to face away from the residential area. This motion was seconded by Tom Poe. Glen Godfrey asked if the maker and seconder of the motion would include a stipulation that this Use Permit be reviewed in six (6) months for conformance with the Board's stipulations. Daryl Smith also asked that a condition be included to have the Health Department make inspections every thirty (30) days during this six (6) month period for any infractions. The maker and seconder of the motion each agreed. -2- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 3 UPON MOTION BY EVANS AND SECOND BY POE, USE PERMIT NO. 85-48 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the new 504 Square Foot patio enclosure 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: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Setback for patio cover shall be accurately shown at twenty-five foot (251) minimum setback requirement. b. Plans shall be to scale and shall include accurate dimensions. c. Plans shall depict driveway easement providing access to Edwards Street. d. Landscape planter adjacent to West property line in the area of the drive-thru lane shall be eliminated in order to provide adequate room for a car to exit around cars in line. 2. Prior to issuance of building permits, the trash enclosure shall be relocated to the northern end of the building with doors facing away from residential area, in order to minimize the impact on adjacent homes. 3. Drive-thru lane around the building shall be redesigned to provide for proper radius for automobile circulation around the building subject to approval of the Department of Development Services. -3- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 4 4. Prior to issuance of building permits,'the applicant shall submit landscape and irrigation plans to the Departments of Development Services and Public Works for review and approval. 5. Proposed addition shall be architecturally compatible with existing building. Elevations shall be submitted indicating all colors and building materials. 6. Development shall comply with all applicable;provisions of the Huntington Beach Ordinance Code, Building Division, and Fire Department. - 7. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of,approval and applicable sections of Article 951 of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Use Permit No. 85-48 may become null and void. 8. At thirty (30) day intervals during this six (6) month period, the Orange County Health,Department shall be requested to make inspections of the restaurant and exterior area to verify compliance with the applicable Conditions of Approval. AYES: Evans, Godfrey, Smith, Poe NOES: None ABSENT: None ABSTAIN: Cranmer CONDITIONAL EXCEPTION NO. 85-53 USE PERMIT NO. 85-56 Applicant: Cambro Manufacturing Company A request to construct a 17,300 Square Foot warehouse addition to an existing industrial building while maintaining an existing loading facility which faces a public street (Huntington Street) and a variance to permit the loading facility to encroach thirty-two feet (32') into the required forty-five foot (451) setback from Huntington Street. Subject property is located at 7601 Clay Avenue (Northwest corner of Clay Avenue and Huntington Street). This request is covered by Negative Declaration No. 83-9. Staff reported the applicant is proposing a 17,300 Square Foot warehouse addition along Huntington Street, and is proposing to reduce the size of the truck court. The Use Permit is required for permission to maintain the loading facility since it faces an arterial highway and to encroach into the forty-five foot (451) -4- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 5 required setback from Huntington Street. Notices were sent to the adjacent property owners and we have received two calls concerning noises, aesthetics truck maneuvering, and odors emanating from this business. Staff also received a call from the Orange County Environmental Health Agency regarding a call they received at 11:00 P.M. last night. This has been an on -going problem with the noise and truck traffic, and Staff is suggesting that this request be continued for two (2) weeks for redesigning this truck court. Also, Staff would recommend that a twenty-two foot (22") high block wall be provided for noise. The applicant has indicated that trucks now unload materials several times a day but, if the addition is approved, this will only occur one or two times a week. Staff has also prepared conditions for denial if the Board so chooses. Glen Godfrey asked if the County of Orange had been contacted regarding hazardous materials and Scott Hess said he had been unable to do so. Tom Poe suggested that a condition should be included requiring approval by Orange County Environmental Health for any underground storage. Daryl Smith opened the Public Hearing and Dick Hammond was present to represent the applicant. Mr. Hammond said he did not understand the requirement for a forty-five foot (451) setback since some of the adjacent buildings were only thirteen feet (131) back from the street. Scott Hess stated that a noise attenuation study should be submitted and the revised plan should include an additional eighty-three (83) parking spaces. Dr. Juan Lopez Magana presented a petition to the Board from the owners and residents of adjacent property, primarily on Huntington Street, as well as a packet of copies of records, complaints, and information relative to the existing plant. Linda Ford said she was a resident of the Pierpoint condominium project, and she and her family, as well as other neighbors who were unable to attend the meeting because of work schedules, were constantly being kept awake at night by the noise from trucks maneuvering, loading and unloading activities, and employees conversations and actions. She further stated she and her husband had been kept awake until 1:00 A.M. the previous night and objected strenuously to any expansion which would create more late night activity. Dr. Magana also expressed concern over the pumping of fiberglass and its possible dangers to the surrounding area in case of a broken hose or any such incident. Mr. Hammond gave the residents his home telephone number - (714) 673-8168 - for use in case of an emergency and stated he could be reached most any time except weekends. Mr. Hammond further added he would be amenable to the two (2) week continuance and the Public Hearing was left open. -5- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 6 LES EVANS MOVED FOR DENIAL OF CONDITIONAL EXCEPTION NO. 85-53 AND USE PERMIT NO. 85-56. MOTION DIED FOR LACK OF A'SECOND. UPON MOTION BY SMITH AND SECOND BY CRANMER, AND WITH CONCURRENCE OF THE APPLICANT'S REPRESENTATIVE, CONDITIONAL EXCEPTION NO. 85-53 AND USE PERMIT NO. 85-56 WERE CONTINUED TO THE MEETING OF OCTOBER 91 1985, BY THE FOLLOWING VOTE: AYES: Cranmer, Godfrey, Smith, Poe NOES: Evans ABSENT: None USE PERMIT NO. 85-17 Applicant: Stephen K. L. Lam A request to permit a five (5) unit apartment building at 750 - 754 Main Street (East side of Main Street approximately 100 feet South of Crest Avenue). This request is covered by Categorical Exemption, Class 3(b), California Environmental Quality Act, 1984. I� Staff stated this development consists of two (2) three-story apartment buildings - one in the front with three units and one in the rear with two units. There will be parking spaces on the First Floor. The architectural aspect will have to be considered because it faces on Main Street. Staff is recommending approval of the request with conditions - one of which would be relocation of the stairway on Building "A" to the front of'the building to serve as an emergency exit only. Another would be for reduction of the wet bar area on the Third Floor by at least fifty percent (50%). Staff is also requesting a "letter of agreement" from the applicant stating the building will remain as a five (5) unit structure only. Upon questioning by Daryl Smith, Scott Hess explained that the wet bar area was large enough to be converted to a kitchen area and the Development Services Department is attempting to circumvent "bootleg" units. Les Evans mentioned the two and one-half foot (2-1/21) alley dedication requirement. The Public Hearing was opened by Chairman Smith and the applicant, Stephen K. L. Lam, Architect, was present. Mr. Lam said he had discussed the reduction of the wet bar area with the owners and they were amenable to the change. They do, however, prefer to keep the stairs in the rear of the building since they plan to live in Unit "A" and wish to maintain the view. -6- 9/25/85 - BZA Minutes,'H. B. Board of Zoning Adjustments September 25, 1985 Page 7 Ernest Gisler, 760 Main Street, expressed concerns about the parking situation in the area with these additional units. Mrs. Denise Jacot, 215 Crest Avenue, stated she was not sure the proposed structure would be compatible with the neighborhood because of the three-story concept. C. C. Liang, owner, explained their intention was to appreciate the area but it was not feasible to build less than a three-story structure. She further stated their lot was at least fifty percent (50%) larger than an adjacent lot which had four (4) units on it. Mr. Lam and Mrs. Liang each"said they would work with the neighbors to create an acceptable project. Glen Godfrey suggested that, because of the concerns of the neighbors and the proximity to the downtown area, the project could be referred to the Design Review Board. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 85-17 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 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: 1. A revised site plan shall be submitted depicting the modifications described herein: a. The second stairway located at the Northeast corner of Building "A", proposed for emergency, shall be relocated to the front of the building and shall terminate at the Second Floor of Unit "A". -7- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page $ b. Balcony projections shall not encroach into required setbacks. C. The bar on the Third Floor shall be reduced fifty percent (50%) in size and conform to Section 9700.21(c) of the Huntington Beach Ordinance Code. d. Alley dedication of two and one-half feet (2-1/21) shall be made to the satisfaction of the Public Works Department.' 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating Lots 50, 52 and 53. Said map shall be recorded prior to final inspection. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, Fire Department, and Public Works Department. 8. Prior to issuance of,building permits, the property owner shall sign, notarize and have recorded with the County Recorder's Office a "Letter of Agreement" that the five (5) unit apartment building will be continuously maintained as five (5) units onl 9. Architectural design and treatment shall be subject to review and approval of the Design Review Board. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None USE PERMIT NO. 85-42 Royal Empress, Inc./Glen Hadsell A request to allow a dance studio in a C-4 Zone with parking "based on one (1) space per 250 Square Feet of floor area in lieu of one (1) space per 35 Square Feet of floor area. Subject property is located at 18862 Beach Boulevard (Southeast corner of Beach Boulevard,and Constantine Drive). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff said the applicant is proposing a ballroom dance studio for instructional purposes only in a commercial/office building area. The building was not designed for this type of use and the dance studio would require considerably more parking, as indicated in the request, than can be provided. There would be a deficiency of fifty-one (51) spaces. Based on these findings, Staff is recommending denial of this project. -8- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 9 The Public Hearing was opened and Glen Hadsell was present to represent the applicant. Mr. Hadsell said that, in addition to dance lessons, they would possibly open the dance studio for public dancing. Glen Godfrey explained to Mr. Hadsell that any request for dancing and live entertainment would require a Conditional Use Permit and approval of the Planning Commission. The Public Hearing was closed since there was no one else present wishing to speak for or against the project. Glen Godfrey suggested it might be appropriate for the applicant to upgrade his application, pay the difference in fees, and take it to the Planning Commission. However, Daryl Smith felt the only action the Board could take would be to approve or deny the application as it was originally advertised. UPON MOTION BY EVANS AND SECOND BY CRANMER, USE PERMIT NO. 85-42 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The proposed use will not be compatible with adjacent residential properties. 2. Sufficient parking cannot be provided on the premises to accommodate the proposed ballroom use and existing commercial uses. The number of parking spaces allotted to the tenant space is nineteen (19) as required by the Zoning Code; a total of fifty (50) spaces would be required for the proposed 43' x 40' ballroom floor. 3. The commercial center was designed for retail commercial and office uses only. 4. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working in the vicinity by creating an influx of traffic at one time. This results in traffic congestion disruptive to commercial tenants and customers of the center. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None -9- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 10 ADMINISTRATIVE REVIEW N0. 85-43 Applicant: Sam Pazzulla A request to construct a 9,560 Square Foot -industrial building in an MI -A Industrial Zone to be located at 17711 Metzler Lane (West side of Metzler Lane approximately 500 feet South of Slater Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff said this property is zoned M1A-CD and is subject to review by the Design Review Board. The project consists of an industrial building with manufacturing, warehouse and office space. Staff is recommending approval with conditions. There are three (3) parking spaces in the rear where car maneuvering would be bad and the applicant could possibly use this area for outdoor storage. Les Evans called attention to the necessity for dedication of street improvements, including street lights, per Public Works requirements. The applicant, Sam Pazzulla, was present. Glen Godfrey suggested the three (3) car spaces in the rear could be labeled "Employees Only" and Mr. Pazzulla agreed to this arrangement. Daryl Smith reminded the applicant that the architectural aspects of the projec would require approval by the Design Review Board, and Tom Poe asked that the building be equipped with an automatic fire sprinklering system and dust collection equipment. Mr. Pazzulla said he had already planned to have dust control and collecting. UPON MOTION BY EVANS AND SECOND BY POE, ADMINISTRATIVE REVIEW NO. 85-43 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. A revised site plan shall be submitted depicting the modifications described herein: 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. 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. -10- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 11 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. Maximum separation between building wall and property line shall not exceed two inches (2"). 5. Driveway approaches shall be a minimum of twenty-seven feet (271) in width. 6. The trash enclosure shall have a view -obscuring gate. 7. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 8. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 9. No auto repair work may be permitted unless approved by a Use Permit. 10. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 11. Prior to the issuance of building permits, the elevations of the building must be reviewed and approved by the Design Review Board. 12. Metzler Lane shall be dedicated and improved per Public Works Department standards. 13. 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. 14. 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. AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None There was no further business to be discussed by the Board. -11- 9/25/85 - BZA Minutes, H. B. Board of Zoning Adjustments September 25, 1985 Page 12 UPON MOTION BY GODFREY AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, SEPTEMBER 30, 1985, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Cranmer, Evans, Godfrey, Smith, Poe NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (3386d) 1 -12- 9/25/85 - BZA