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HomeMy WebLinkAbout1986-01-12MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 12, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Poe, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF FEBRUARY 5, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer REGULAR AGENDA ITEMS: USE PERMIT NO. 86-1 (REVISED) ADMINISTRATIVE REVIEW NO. 86-4 LOT LINE ADJUSTMENT NO. 86-1 Applicant: Kaiser Development Company Staff reported a recommendation was being made for referral of these three (3) items to the Planning Commission Meeting of February 19, 1986, at the request of Tom Livengood, Chairman of the Planning Commission. Daryl Smith.asked why the Planning Commission had made this request and Glen Godfrey explained that Mr. Livengood had felt it was a large project which would have a tremendous impact on the neighborhood and the Bolsa Chica area. The Public Hearing was opened by Tom Poe, Chairman, and the applicant's representative, Tom Waller, was present. Mr. Waller asked if the referral would be for all three (3) items - the Use Permit, the Administrative Review, and the Lot Line Adjustment, and Glen Godfrey replied in the affirmative. Mr. Waller then asked if this Board could tell him about the concerns of the Planning Commission and what type of presentation should be made to them. Tom Poe explained he had been at the Planning Commission Meeting when the referral request was made and Mr. Poe felt the Planning Commission just wanted to review it. Glen Godfrey further explained it was because of the enormous size of the project and its proximity to major and arterial highways. Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 2 There was no one else present wishing to speak for or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-1 (REVISED), ADMINISTRATIVE REVIEW NO. 86-4, AND LOT LINE ADJUSTMENT NO. 86-1 WERE REFERRED, WITH THE APPLICANT'S CONCURRENCE, TO THE PLANNING COMMISSION MEETING OF FEBRUARY 19, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer USE PERMIT N0: 86-5 Applicant: P. H. Walizer A request to add a 290 Square Foot office to existing apartment complex, relocate trash enclosures, and add more parking spaces. Subject property is located at 4922 Edinger Avenue (South side of Edinger Avenue approximately 300 feet West of Bolsa Chica Street. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Scott Hess said a plan check had been done and the applicant does need a variance for open space in order to have his office use approved. The -trash area is also a problem. Staff has spoken with the applicant and he does concur with the two (2) week continuance for advertising the project. The Public Hearing was opened by Chairman Tom Poe and P. H. (Phil) Walizer was present. Mr. Walizer stated he had spoken with Mr. Hess_ relative to what was needed to bring the project into conformance and he would get the letter of concurrence to Mr. Hess after the meeting. There was no one else present wishing to speak for or against the project. The Public Hearing was left open to the meeting of February 26, 1986. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 86-5 WAS CONTINUED, WITH THE APPLICANT'S CONCURRENCE, TO THE MEETING OF FEBRUARY 26, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer -2- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 3 CONDITIONAL EXCEPTION NO. 85-77 (REVISED) ADMINISTRATIVE REVIEW NO. 85-46 Applicant: Stanko/Hartge A request to construct an 8,862 Square Foot industrial building with variance to permit zero foot (01) building setback along fifteen foot (151) wide storm drain easement in lieu of the required five feet (51) and to permit seven (7) compact spaces (38.9%) for development where none are permitted. Subject property is located at 17642 Metzler Lane (East side of Metzler Lane approximately seven hundred forty-four feet (7441) South of Slater Avenue). This request is covered by Categorical Exemption, Class 1 and Class 5, California Environmental Quality Act, 1984. Staff reported the property is vacant and the surrounding area consists primarily of industrial type uses. The applicant is proposing a building which will be divided into three (3) tenant spaces. The rear portion of the building will abut a fifteen foot (151) storm drain easement and the project is not eligible for compact car spaces because there are less than twenty (20) spaces. Staff is recommending approval of the variance for the zero foot (01) lot construction but not for the compact spaces. Other people in the same area have had storm drain easements and have provided adequate space for standard size parking. Daryl Smith had questions of the building. space twenty feet tandem turnaround Mr. Hess (20') in area and the rear of the property. concerning the "dead" space along the side also mentioned moving one (1) parking a northerly direction to provide for the .shifting some of the landscaping towards The Public Hearing was opened by Chairman Poe and Bill Hartge was present to represent Mr. Stanko and himself. Mr. Hartge reminded the Board members he had submitted a letter explaining his need for the variance in constructing this building and making it a viable project. He further stated the fifteen foot-(151) easement dedication had been required and they would also have to pay a drainage fee. Without the required easement, according to Mr. Hartge, they could have built to the zero property line at the rear and could have made the building eight hundred (800) Square Feet larger. Mr. Hartge also felt the figure of twenty (20) compact spaces was just an arbitrary number - it could just as easily have been fifteen (15) or sixteen (16) spaces. Les Evans asked about the partitioning of the building into three (3) tenant spaces and Mr. Hartge explained one part would be a warehouse type use. -3- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 4 Tom Poe asked if other industrial type users were allowed compact spaces and Scott Hess said only if there were over twenty (20) spaces involved. There was a discussion about the landscape planter area adjacent to the parking stalls and it was determined the landscaping should be deleted at this point. There was also a discussion relative to the Fire Department requirements for turnarounds and/or clearances. The Public Hearing was closed since there was no one else present wishing to speak for or against the project. Daryl Smith stated he felt there were special circumstances involved since the lot was smaller than normal in the industrial area and the applicant had been required to provide the storm drain easement. Glen Godfrey said that, with modifications to the building and moving it back about four feet (41) in the front, the applicant could provide standard parking and have a minimum loss of square footage in the building. Daryl Smith suggested that the types of use could be limited to where no automobile type operations would be allowed. Daryl Smith said he would move for approval of Conditional Exception No. 85-77 (Revised) and Administrative Review No. 85-46 with findings for unusual circumstances and conditions as amended. Tom Poe seconded the motion. Glen Godfrey asked if the maker of the motion would add a further condition that the Board could limit the overall types of uses for the building. Mr. Smith stated they were already including the restrictions concerning automobile_ related businesses and he would not accept the amendment to his motion. UPON'MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 85-77 AND ADMINISTRATIVE REVIEW NO. 85-46 WERE APPROVED WITH THE FOLLOWING FINDINGS AND*CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 85-77: 1. Because of special circumstances applicable to the subject property, including size and 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. Eight percent (8%) of the site is occupied by area for a storm drain easement, thereby reducing the developable area of the site. 2. The granting of a conditional exception for a zero foot (01) setback and inclusion of compact parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights. Sufficient building footings can be provided to reduce the impact of the building upon the storm drain. -4- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 5 3. The granting of Conditional Exception No. 85-77 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. Other buildings in the area have received similar variances for a zero foot (01) setback. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 5. The inclusion of seven (7) compact parking spaces (38.9%) within this industrial development with a total of eighteen (18) parking spaces will not be materially detrimental to the public welfare because parking for the building is based on one (1) space for each five hundred (500) Square Feet of gross building area and use of the compact spaces will be infrequent due to their location towards the rear of the parking area. CONDITIONS OF APPROVAL - CONDITIONAL EXCEPTION NO. 85-77: 1. All conditions of Administrative Review No. 85-46 shall be applicable, including revised plans. CONDITIONS OF APPROVAL - ADMINISTRATIVE REVIEW NO. 85-46: 1. A revised site plan -shall be submitted depicting the modifications described herein: a. Insert northeasterly stall twenty feet (201) to the North in order to provide a tandem turnaround area. b. Chocolate or comparable dark brown color shall be used along the color band instead of grey on elevations. c. Stain wood dark brown. d. Deletion of planter area adjacent to compact parking spaces and along southerly property line is optional. e. The compact stalls shall have "COMPACT" printed across the surface of each stall. 2. Prior to issuance of building permits, the applicant shall submit proof of recordation of Tentative Parcel Map No. 84-600. 3. 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. -5- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 6 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. 4. Landscaping shall comply with Article 979.5 of the Huntington Beach Ordinance Code. a. Berming along Metzler Lane shall be used. .5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. Maximum separation between building wall and property line shall not exceed two inches (2"). 7. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction.- 8. Dedicate fifteen foot (151) wide storm -drain easement to the City. 9. Construct street improvements, including street lights if required, -to City standards. 10. Prior to the issuance of building permits, a footing/storm drain easement cross-section showing surcharge on pipe shall be submitted and approved by the Public Works Department. 11. 'An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 12. -There shall be.no outside storage of vehicles, vehicle parts, equipment or trailers. 13. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. All free-standing signs shall be low -profile, monument -type signs. 14. The electrical transformer shall be screened from public visibility and reviewed and approved by the Director of Development Services. 15.. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 16. Low -volume heads shall be used on all spigots and water faucets. -6- 2/12/86- BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 7 17. 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. 18. 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. 19. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 20. No automobile related uses shall be permitted. AYES: Evans, Poe, Smith NOES: Godfrey ABSENT: Cranmer COASTAL DEVELOPMENT PERMIT NO. 86-2 Applicant: Richard L. Anderson A request to add 2,488 Square Feet to an existing two (2) story residence which includes a partial third level. Subject property is located at 16762 Coral Cay Drive (East side of Coral Cay Drive approximately one hundred fifty feet (1501) South of Bayside Lane). This request is covered by Categorical Exemption, Class 1 (e), California Environmental Quality Act, 1984. Mr. Hess reported this property is located in the harbor area and the applicant is proposing to add more than ten percent (10%) to the existing structure plus a third story attic type room with skylights. The building covers approximately forty percent (40%) of the lot. Staff is recommending approval of the project with conditions. Tom Poe opened the Public Hearing and the property owner, Vincent Ruh, was present. Mr. Ruh stated the suggested roof material would be acceptable and explained that there would be an open loft with staircase but they could also build a ladder for an additional exit. Tom Poe said the Fire Department would accept that arrangement if acceptable to the Building Department; otherwise, they would require a residential automatic sprinkler system. -7- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 8 Glen Godfrey asked if the Homeowners Association had approved the architectural changes to the building. Mr. Ruh said his request was before the Board of Directors of the Homeowners Association at the present time. Mr. Godfrey stated approval of the Homeowners Association should be presented to the City prior to issuance of the building permits. There was no one else present to speak for or against the project so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY GODFREY, COASTAL DEVELOPMENT PERMIT NO. 86-2 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family residence can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. An eight foot (81) wide public walkway easement exists abutting the rear of the property that was dedicated at the .time of Tract Map approval of the entire subdivision. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 17, 1986, shall be the approved layout with the following requirements: a. The roof is to be non-combustible. b. A second exit shall be installed on the Third Floor. NOTE: As an alternative to the second exit., the_ Fire Department will allow one (1) exit provided the entire residence is protected by a residential automatic sprinkler system. -8- 2/12/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 9 2. The proposed addition shall match the existing development in terms of building materials, colors and architecture. 3. The addition shall comply with the Huntington Beach Ordinance Code and Building Code. 4. Prior to the issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 5. Prior to the issuance of building permits, the property owner shall submit proof to the Department of Development Services that his Homeowners Association has approved the architectural alterations to the residence. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer USE PERMIT NO. 86-3 Applicant: Ron Pattinson A request to permit a travel agency computer school and business within an existing office building. Subject property is located at 18141 Beach Boulevard (West side of Beach Boulevard approximately eight hundred feet (8001) South of Talbert Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Scott Hess stated the subject property is located on Beach Boulevard in the Wind River Building and is zoned C4: The building was constructed with parking based on office use and it was recently restriped for a Dentist's office. Based on the existing and proposed uses, there is a seven and one-half (7-1/2) parking space deficiency, and they are attempting to get a reciprocal arrangement with the restaurant to the North which is open from 11:30 A.M. to 2:00 A.M. The restaurant operator has stipulated limiting the hours of classroom study so it does not interfere with his restaurant operation. The applicant has made a request that they be allowed to start interior alterations immediately with the stipulation they would stop all work if there is an appeal entered. Glen Godfrey stated that, to his knowledge, the Board was not empowered to grant such a deviation. -9- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 10 Tom Poe opened the Public Hearing and the applicant, Ron.Pattinson, was present. When asked by Mr. Poe if he had any questions or comments, Mr. Pattinson replied, "You don't split a winning hand", upon which Mr. Poe stated, "And you don't count your chickens before they hatch:" Mr. Pattinson further stated he was,not aware that the restaurant had limited the hours of operation for the computer school and the Staff member explained he had spoken with the restaurant operator concerning the project. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-3 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. 4. Sufficient parking is provided based on the following information: a. Hours of instruction for the proposed use are Monday through Friday with one class from-8:00 A.M: to 11:30 A.M. and another from 6:00 P.M. to 9:30 P.M. b. Parking provided on site: 104 Total parking required: 111.5 (includes 18.6 spaces for the proposed use based on one (1) space for each 35 Square Feet of the 650 Square Foot classroom). c. A reciprocal parking agreement has been made with the restaurant use to the North which has approximately 65 spaces (23 surplus spaces) and is open from 11:30 A.M. to 2:00 A.M. -10- 2/12/86 - BZA Minutes, H. B. Board of Zoning Adjustments February 12, 1986 Page 11 d. The morning class will not conflict with the existing uses within the office building. 5. The location of the proposed use is at the rear of the building within 250 feet of the parking facilities. CONDITIONS OF APPROVAL: 1. The site plan received and dated January 17, 1986, shall be the approved layout. 2. A revised floor plan shall be submitted delineating all room uses and their square footage. 3. No classes shall be conducted between the hours of 12:00 Noon and 6:00 P.M. 4. A copy of the adjacent restaurant use property showing the buildings and parking layout shall be submitted prior to final occupancy. 5. Joint use parking shall require that a Joint Use Parking Agreement. be recorded between property owners. A copy of the legal instrument shall be approved by the City Attorney 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 prior to final occupancy. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer There was no further business to be discussed by the Board. UPON MOTION BY EVANS AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON TUESDAY, FEBRUARY 18, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Cranmer Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (4255d) -11- 2/12/86 - BZA