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HomeMy WebLinkAbout1986-03-05MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MARCH 5, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci (LA), Poe, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY SMITH AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF FEBRUARY 26, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Krejci REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-5 USE PERMIT NO. 86-9 Applicant: City of Huntington Beach UPON MOTION BY EVANS AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-5 AND USE PERMIT NO. 86-9 WERE POSTPONED UNTIL THE END OF THE REGULAR MEETING FOR CONSIDERATION, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Krejci USE PERMIT NO. 86-10 Applicant: Pat's Ski and Sport Shop A request to permit a two (2) day special outdoor event. Subject property is located at 8909 Adams Avenue (Northwest corner of Adams Avenue and Magnolia Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Scott Hess reported the subject property is currently zoned C2 and is located in an existing shopping center. The applicant wants to put up a twenty foot by thirty foot (20' x 301) tent for an outdoor sale and Staff is recommending approval with conditions. Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 2 Glen Godfrey asked how many parking spaces would be affected and Staff replied the tent would replace approximately ten (10) spaces. Tom Perry was present to represent the applicant and he stated the request should read three (3) days instead of two (2) - Friday through Sunday, March 14, 15, and 16, 1986. Staff replied the application had read two (2) days and Mr. Perry requested that this change be made to reflect three (3) days. This Use Permit was amended to cover a three (3) day week -end event which still would not require a Public Hearing, so the Board concurred with the request of the applicant's representative. UPON MOTION BY SMITH AND SECOND BY GODFREY, USE PERMIT NO. 86-10 WAS APPROVED AS AMENDED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated February 24, 1986, shall be the approved layout. 2. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 3. A certificate of insurance form shall be filed in the Administrative Services Department in an 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 event. 4. A Certificate to Operate, as required by 5.9730.80 of the Ordinance Code, shall be issued by the Director of Development Services. 5. The applicant shall provide for clean up of the area after the closing of the event. 6. The sale shall be permitted from Friday, March 14, 1986, through Sunday, March 16, 1986. NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your complete Temporary Outdoor Event application a minimum of four (4) weeks prior to the event for adequate review and processing. If this procedure is not followed, your application will not be processed. -2- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 3 AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: Krejci ADMINISTRATIVE REVIEW NO. 86-16 Applicant: Oakwood Apartments A request to maintain existing banners and flags within an apartment development. Subject property is located at 6700 Warner Avenue (South side of Warner Avenue approximately four hundred feet (400') East of Edwards Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. According to Staff, this property is zoned R3 and there currently are apartments on the site. The applicant is requesting permission to maintain banners and flags until all apartments are occupied. Staff noted that there will usually be vacancies in apartment complexes so Staff did not feel the Board should allow such a stipulation; however, Staff did recommend approval for allowing the banners and flags to remain in place for a period of thirty (30) days from the date of approval, at which time they must be removed. Staff further recommended requiring proper street dedication of a portion of Warner Avenue within ten (10) days of the date of approval; or, if this dedication is not accomplished within the specified time, it would be cause for revocation of this Administrative Review. Staff also mentioned these banners and flags had been installed as an advertising medium when the apartment complex changed from Apple Apartments to Oakwood Apartments. Daryl Smith asked why Staff was recommending street dedication now since the apartment complex had been in existence for many years. Les Evans explained that neither City records nor the County Assessor's Office records indicated recordation of street dedications for this area of Warner Avenue, and that should be accomplished as part of this approval. Mr. Smith then asked if the applicant had been notified of this requirement in writing and Staff replied they had not. Dennis Krejci arrived at the meeting at this point - 1:40 P.M. The applicant's representative, Bob Miller, was present and stated he was Manager of the property. He further stated this complex presently had a higher vacancy rate than other apartments in the area, thus the need for an advertising campaign through the use of banners and flags. Mr. Miller also mentioned they had already changed some flags they had installed to the American flag and the State of California flag, and had ordered a City of Huntington Beach flag which would be installed as soon as received. -3- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 4 Tom Poe asked the applicant's representative if it was their intention to leave these flags in place and Mr. Miller said they would like to do so. UPON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 86-16 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The existing banners and flags, as shown on photographs dated February 18, 1986, shall be permitted for a period of thirty (30) days from date of approval. 2. All banners, pennants and flags shall be removed by April 4, 1986. 3. No banners, pennants or flags shall be installed on the subject property without prior Board of Zoning Adjustment approval. 4. Proper street dedication along Warner Avenue shall be made within ten (10) days of date of approval. 5. Any violation for revocation of the aforementioned conditions shall be cause of this Administrative Review. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci Mr. Miller then stated this was a new experience for him and asked exactly what the Board had approved. Staff explained the flags and banners would be allowed to remain in place through April 4, 1986, at which time everything would have to be removed except for official United States, State of California, and City of Huntington Beach patriotic flags. Les Evans further explained an applicant can reapply at the end of a six months period for a new approval under a new entitlement but there would be no assurance of approval by the Board at that time. LOT LINE ADJUSTMENT NO. 86-2 Applicant: Lyle Beutler A request to adjust property lines between a Second Floor condominium unit (air space) and common open space area of a condominium development. Subject property is located at 16202 Mariner Drive (North side of Mariner Drive approximately twelve hundred feet (1,2001) East of Pacific Coast Highway). -4- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1111 Page 5 This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1984. Staff stated the applicant had submitted a Conditional Use Permit last year to enlarge an existing condominium which is on the Second Floor of a building on Mariner Drive. Staff said the condominium would expand upon the air space so the applicant wants to expand the air space parameters. Staff recommended approval with conditions. Joe Hartge was present to represent the applicant. Mr. Hartge discussed the conditions with the Board and Les Evans stated that Condition Nos. 2 and 5, as listed on the Suggested Conditions of Approval, definitely did not apply to this project. UPON MOTION BY GODFREY AND SECOND BY EVANS, LOT LINE ADJUSTMENT NO. 86-2 WAS APPROVED, AS AMENDED, WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The Lot Line Adjustment will not create a nonconforming parcel. 2. The Lot Line Adjustment will not create a nonconforming yard requirement. 3. The Lot Line Adjustment will not sever any existing structure on either of the two lots. 4. The Lot Line Adjustment will not allow a greater number of dwelling units than allowed by this Code prior to adjustment. CONDITIONS OF APPROVAL: 1. The plan received and dated February 6, 1986, shall be the approved layout. 2. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 3. If the adjustment is not made between two (2) contiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and correct. 4. All previous Conditions of Approval of Tentative Tract Map No. 5555 shall remain in effect. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None -5- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 6 MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 86-3 Applicant: Ron Pattinson: A request for clarification of previously imposed Conditions of Approval relative to a reciprocal parking agreement. Said property is located at 18141 Beach Boulevard. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff explained this item referred to a Travel Agency Computer School located in the Wind River Trading Company building. One of the conditions imposed by the Board was that a Joint Use Parking Agreement be instituted and filed with the City between the applicant's client and the owner of the restaurant property to the North. Mr. Pattinson is asking that the Board accept a Joint Use Parking Agreement between his client (the Travel Agency Computer School) and the leaseholder (restaurant operator) of adjacent property to the North of 18141 Beach Boulevard. Mr. Hess further explained the restaurant operator presently has a ten (10) year lease with a renewal option for a five (5) year period. Daryl Smith said it appeared the applicant was meeting the intent of the Board -imposed condition. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-3 WAS AMENDED BY THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: The specific item in the Conditions of Approval dated February 12, 1986, which was reconsidered at the meeting of March 5, 1986, was Item No. 5 which read as follows: "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." The Board of Zoning Adjustments concurred with this request to accept a Joint Use Parking Agreement between the party/parties represented by the applicant and the leaseholder (restaurant operator) of the property directly to the North of the property at 18141 Beach Boulevard. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci -6- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 7 SITE PLAN AMENDMENT NO. 86-3 Applicant: Bijan Sassounian A request for clarification and modifications to Conditions of Approval previously imposed on Use Permit No. 85-59 for a retail center expansion at 16369 Bolsa Chica Street. Staff reported the applicant had submitted a letter asking for clarification and repeal of conditions which were imposed by this Board on his retail center expansion. The applicant is presently seeking a building permit for this expansion and he would like to have Condition 2.a. of Use Permit No. 85-59 (relative to the reciprocal driveway easement) eliminated. Staff reminded the Board of a development proposal for the adjacent gas station which had also called for a reciprocal easement. Glen Godfrey asked if this was a full service type station and Staff replied it was. Staff further stated the gas station operator had revised his plan to reflect different parking and landscape planter locations, and this operator is also asking for elimination of the reciprocal easement. A discussion followed Staff's report and it was determined the reciprocal driveway easement would not be required at the present time; however, in the event uses of the property changed, access might be needed so Glen Godfrey suggested an irrevocable offer of dedication should be made by both parties. The Board also determined a Maintenance Agreement would be required from the applicant assuring maintenance of his portion of the private alley bordering the property. Dick Harlow was present to also represent the applicant, and Mr. Harlow and Mr. Sassounian agreed to this arrangement. UPON MOTION BY GODFREY AND SECOND BY SMITH, USE PERMIT NO. 85-59, CONDITION NO. 2.a., WAS AMENDED THROUGH SITE PLAN AMENDMENT NO. 86-3, BY THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: 2. Prior to issuance of building permits, applicant shall file a parcel map consolidating the lots within Parcel 1 and Parcel 2 of the submitted legal description into a one (1) or two (2) parcel subdivision. Said map shall be recorded prior to final inspection. a. The applicant shall record an irrevocable offer to dedicate a reciprocal vehicular access easement for the benefit of the adjoining gas station property, as indicated on the site plan dated March 4, 1986 - location to be determined at the time the service station property redevelops. 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 the issuance of building Permits. -7- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 8 b. Because there is no easement for the alleyway between the subject property and the apartment complex to the West, the Board acknowledges that a prescriptive easement may exist and, therefore, a recorded reciprocal easement is not necessary. However, a Maintenance Agreement assuring the applicant will maintain his portion of the private alley shall be submitted to the Department of Development Services. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci There was a discussion concerning Condition No. 9 of Use Permit No. 85-59 which referred to the requirement for twenty-five percent (25%) of the commercial space to be utilized for office use only. Staff stated the applicant's contention was that the twenty-five percent (25%) would only be applicable to the new addition; however, Staff's recommendation had been to include the entire building with the exception of the restaurant area. After a discussion of the old and new Code requirements, it was the consensus of the Board that the applicant be allowed to utilize twenty-five percent (25%) of the new building addition for office space and the remaining portion could accommodate commercial uses no more intense than allowed under the one (1) per two hundred (200) parking ratio. UPON MOTION BY SMITH AND SECOND BY GODFREY, USE PERMIT NO. 85-59, CONDITION NO. 9, WAS AMENDED THROUGH SITE PLAN AMENDMENT NO. 86-31 BY THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: 9. Twenty-five percent (25%) of the 8,555 Square Foot new building addition shall be for office space (2,139 SF). The remaining portion (6,416 SF) shall accommodate commercial uses no more intense than one (1) per two hundred (200) parking ratio. AYES: Godfrey, Poe, Smith NOES: Evans ABSENT: None ABSTAIN: Krejci The third item discussed was relative to Condition 4.b. of Use Permit No. 85-59 dealing with a Planned Sign Program for the center. The Board discussed this item at length and the following determination was made. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 85-59, CONDITION NO. 4.b., WAS AMENDED THROUGH SITE PLAN AMENDMENT NO. 86-3, BY THE FOLLOWING CONDITION, BY THE FOLLOWING VOTE: -8- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 9 4. A planned sign program shall be approved for all signing within the commercial center pursuant to S.9760.43 of the Huntington Beach Ordinance Code. a. All signs shall be made to conform to the Huntington Beach Ordinance Code prior to final occupancy of the building. b. All signs shall comply with Article 976 of the Huntington Beach Ordinance Code. All free-standing signs may include low -profile, monument -type signs. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci USE PERMIT NO. 85-14 Applicant: Frank Mirjahangir A request for removal of windows from'front elevations of previously approved building elevations at 301 Seventeenth Street. Staff reported a approved by this number of windows were in the building previously Board. The building -has a tenant operate a market at this location and who wishes to does not desire to have several windows on the facade. He is, therefore, requesting deletion of some of these windows. UPON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 85-14 WAS AMENDED AS FOLLOWS, BY THE FOLLOWING VOTE: The Board approved removal of Window Nos. 1 through 3, 6, and 7 as shown on the elevation dated March 1, 1985. AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-5 USE PERMIT NO. 86-9 Applicant: City of Huntington Beach A request to permit a zero rear yard setback and deletion of a carport space to an existing duplex abutting an arterial highway. (This is a result of the Heil Street widening). Subject property is located at 7882 Alhambra Avenue (South side of Alhambra Avenue approximately five hundred fifty feet (550') West of Beach Boulevard). -9- 3/5/86 - BZA Minutes, H. B. Board of Zoning Adjustments March 5, 1986 Page 10 This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1984. Scott Hess stated he was recommending approval of the project with a single car garage with access off Alhambra Avenue. The Public Hearing was opened by Tom Poe and Les Evans was present to represent the City of Huntington Beach on this project. Mr. Evans explained the City Council had authorized the widening of Heil Avenue in two phases and the City had acquired this property as a result of the widening. Mr. Evans explained a buyer was interested in the property if it could be brought up to Code standards, and he and the Board members discussed modifications which would be necessary. After a lengthy discussion, Glen Godfrey suggested continuing the project to an Adjourned Meeting on Monday, March 10, 1986, to give Staff members further time to resolve these problems. There was no one else present wishing to speak for or against the project and the Public Hearing was left open. UPON MOTION BY SMITH AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO. 86-5 AND USE PERMIT NO. 86-9 WERE CONTINUED TO AN ADJOURNED MEETING ON MONDAY, MARCH 10, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None There was no further business to be presented to the Board for discussion. UPON MOTION BY SMITH AND SECOND BY GODFREY, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, MARCH 10, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (4398d) -10- 3/5/86 - BZA