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HomeMy WebLinkAbout1986-04-09MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, APRIL 9, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Krejci, Poe, Smith, Strange STAFF MEMBERS PRESENT: Franklin, Hess MINUTES: Minutes of the Regular Meeting of April 2, 1986, were not ready for approval. REGULAR AGENDA ITEMS: ADMINISTRATIVE REVIEW NO. 86-17 (Cont. from 3/19./86) Applicant: E1 Pollo Loco, Inc. A request to permit a drive-thru restaurant. Subject property is located on the East side of Golden West Street approximately 320 feet North of Warner Avenue. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984 Staff reported this project had been continued from a previous meeting to allow the applicant time to pursue satisfactory solutions to problems of circulation, stacking, entering and exiting driveways, etc. Staff has met with the applicant and they have submitted a revised site plan. Redevelopment has concerns regarding the applicant's layout as compared to the City's original concept (Master Plan) for this area. Staff has reviewed the request and cannot support the development; however, Staff has prepared alternative recommendations in the event the Board decides to approve the project. Daryl Smith reminded the Board that, in the Board's original discussion of this shopping center, it was determined each pad would have to stand on its own rather than having reciprocal parking arrangements. Scott Hess also mentioned that City Council had approved a Code Amendment to off-street parking standards which could affect this project. Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 2 Michael Strange introduced the question of an one hundred foot (100') "throat" into the lot and stated the site plan did not appear to show such an arrangement. Daryl Smith stated the center did provide at least two of those "throats" and Scott Hess added there were three. The applicant's representative, Jeff Smith, was present and said he was surprised at the conditions being recommended by Staff. Mr. Smith further stated he had met with the Planning Staff and Mr. Evans of Public Works, and was under the impression the problems had been resolved. Therefore, he had not asked Mr. Walthour of Business Properties to be present at the meeting to represent the shopping center. Mr. Smith also added he might have to ask for a further continuance to discuss these conditions with the owners of the property but would like to get some feedback from the Board before making this request. Les Evans mentioned he was surprised at the conditions since he, too, thought the problems had basically been resolved. Daryl Smith reiterated Mr. Evans' statement, whereupon Michael Strange asked if the Board members were aware of the deficiency in parking for this project. Scott Hess explained the parking deficiency and how Staff had arrived at the figure. A general discussion followed relative to problems of stacking in the driveway off Golden West Street, one-way drives, elimination of the drive-thru lane, etc. Upon questioning by Dennis Krejci and Tom Poe, Jeff Smith determined he would prefer having the Board vote on the project rather than asking for a further continuance. UPON MOTION BY EVANS AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 86-17 WAS APPROVED WITH THE FOLLOWING ALTERNATIVE FINDINGS AND CONDITIONS BY STAFF, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The parking facilities divergent needs of the shopping center based o (see attached), and the building. CONDITIONS OF APPROVAL: are sufficient to accommodate the existing and proposed uses within the n the hours of operation for each use proximity of parking spaces to each 1. The site plan dated April 4, 1986, shall be the conceptually approved layout. -2- 4/9/86 - BZA 1 [1 1 Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 3 a. Elevations shall be revised to be architecturally compatible with the existing center by incorporating the use of flat charcoal colored concrete, roof tile, and split face concrete block columns; and shall be subject to review and approval by the Development Services Department and must be approved by the property owner. 2. Prior to issuance of building permits, applicant shall file a parcel map to expand the subject property. Said map shall be recorded prior to final inspection. 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. 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 979.2 of the Huntington Beach Ordinance Code. a. The planter along Golden West Street shall be bermed. 5. All signage shall comply with Planned Sign Program No. 83-2. 6. No freestanding signs shall be permitted because of the building's close proximity to Golden West Street. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 9. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 10. Low -volume heads shall be used on all spigots and water faucets. 11. 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. -3- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 4 12. 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. 13. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 14. Proof of irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties shall be submitted prior to the issuance of building permits. AYES: Evans, Poe, Smith, Strange NOES: Krejci ABSENT: None USE PERMIT NO. 86-15 (Cont. from 4/2/86) CONDITIONAL EXCEPTION NO. 86-20 Applicant: Timothy Lan A request to permit an additional dwelling unit to an existing four (4) unit complex. Subject property is located at 2525 Delaware Street (West side of Delaware Street approximately two hundred fifty-five feet (2551) North of Yorktown Lane). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. According to Staff, this Use Permit had been continued from the Regular Meeting of April 2, 1986, so that a Conditional Exception could be advertised prior to hearing these two applications concurrently. Staff further explained the Conditional Exception is required to provide private open space in lieu of common open space because the addition of the fifth unit placed the project under apartment standards. Staff recommended approval with conditions. Tom Poe, Chairman, noted the Public Hearing had remained open from the previous meeting and Timothy Lan was present. Mr. Lan said he had nothing further to add but would answer any questions he could. The Board had no further questions and 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 KREJCI, USE PERMIT NO. 86-15 AND CONDITIONAL EXCEPTION NO. 86-20 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -4- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 5 FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 86-20: 1. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, 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. The lot is narrower than other surrounding parcels. 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. 86-20 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 - CONDITIONAL EXCEPTION NO. 86-20: 1. The site plan, floor plans, and elevations received and dated March 27, 1986, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. The Board of Zoning Adjustments reserves the right to revoke Conditional Exception No. 86-20 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. FINDINGS FOR APPROVAL - USE PERMIT NO. 86-15: 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. -5- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 6 CONDITIONS OF APPROVAL - USE PERMIT NO. 86-15: 1. The site plan, floor plans, and elevations received and dated March 27, 1986, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 4. Low -volume heads shall be used on all spigots and water faucets. 5. 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. 6. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 7. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-15 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None NOTE: At the Board's discretion, the following projects for Corona Development Company were considered at one time rather than as separate entities. APPLICANT: CORONA DEVELOPMENT COMPANY CONDITIONAL EXCEPTION NO. 86-13 USE PERMIT NO. 86-21 CE REQUEST: A request to permit two (2) off -site parking spaces for a new eight (8) unit apartment project. UP REQUEST: A request to permit a density bonus of one (1) unit (as affordable housing) in conjunction with a seven (7) unit apartment for a total of eight (8) units. Subject property is located at 7916 Stark Avenue (South side of Stark Avenue approximately four hundred seventy-five feet (4751) West of Beach Boulevard). These requests are covered by Negative Declaration No. 86-14 (Pending). -6- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 7 CONDITIONAL EXCEPTION NO. 86-14 USE PERMIT NO. 86-22 CE REQUEST: A request to permit two (2) off -site parking spaces for a new eight (8) unit apartment project. UP REQUEST: A request to permit a density bonus of one (1) unit (as a or a e housing) in conjunction with a seven (7) unit apartment for a total of eight (8) units. Subject property is located at 7924 Stark Avenue (South side of Stark Avenue approximately four hundred twenty-five feet (4251) West of Beach Boulevard). These requests are covered by Negative Declaration No. 86-15 (Pending). CONDITIONAL EXCEPTION NO. 86-15 USE PERMIT NO. 86-23 CE REQUEST: A request to permit two (2) off -site parking spaces for a new eight (8) unit apartment project. UP REQUEST: To permit a density bonus of one (1) unit (as afforda e housing) in conjunction with a seven (7) unit apartment for a total of eight (8) units. Subject property is located at 7891 Holt Street (North side of Holt Street approximately four hundred seventy-five feet (4751) West of Beach Boulevard). These requests are covered by Negative Declaration No. 86-16 (Pending). CONDITIONAL EXCEPTION NO. 86-16 USE PERMIT NO. 86-24 CE REQUEST: A request to permit two (2) off -site parking spaces for a new eight (8) unit apartment project. UP REQUEST: A request to permit a density bonus of one (1) unit (as affordable housing) in conjunction with a seven (7) unit apartment for a total of eight (8) units. Subject property is located at 7901 Holt Street (North side of Holt Street approximately four hundred twenty-five feet West of Beach Boulevard). These requests are covered by Negative Declaration No. 86-17 (Pending). t -7- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 8 Staff explained it would be necessary to continue these items because it had been determined Negative Declarations would be required for the entire project. The affordable unit would bring the total of each building to eight (8) units and, since each building is locked on a different lot, it is necessary to have the separate applications. Staff further explained that previously some on -street parking would have been allowed; however, changes in the Code now precluded such parking. The Public Hearing was opened by Tom Poe and the applicant, Bob Corona, was present. Mr. Corona mentioned that this was the last parcel of land to be developed in this area and he was seeking parity with what had been allowed the other property owners. Mr. Corona also stated he had worked quite extensively with Staff on the project and had made many alterations in his plans to provide handicap access, landscaping, on -site parking, and circulation for Fire Department equipment. He also stressed the fact the existing parking problem had been created by present owners allowing garages to be rented for storage instead of using them for parking cars. John King stated -he had drawn the plans for the project and Mr. Corona had been under the impression the project would-be a "GO" because he was providing an affordable unit. Mr. King ilso explained that Mr. Corona had built several similar units in the area which had been allowed under the old Code. Michael Strange asked if the four (4) parcels in question were normal size lots for the area and he was informed they were fifty feet by one hundred ninety-five feet (50' x 195') in size. There was no one else present wishing to speak for or against the project and the Public Hearing remained open for advertising of the Negative Declaration. UPON MOTION BY POE AND SECOND BY STRANGE, CONDITIONAL EXCEPTION NOS. 86-13, 86-14, 86-15, 86-16 AND USE PERMIT NOS. 86-21, 86-22, 86-23, AND 86-24 WERE CONTINUED TO THE REGULAR MEETING OF APRIL 16, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-17 USE PERMIT NO. 86-20 Applicant: Jeffrey D. Palmer A request to construct a garage at a site with nonconforming setbacks. Subject property is located at 815 Alabama Street (Southwest corner of Indianapolis Avenue and Alabama Street). -8- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1111 Page 9 This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff explained the Use Permit is a request for construction of a garage on an existing concrete pad with a curb cut already in place, and, according to the property owner, the garage had burned prior to being purchased by the present owner. The property exists in the Town Lot section and has been well maintained; however, there are problems with the setback since it would only be three and one-half feet (3-1/21) deep. Mr. Franklin further stated there would be no access from the alley at the rear and that a Lot Line Adjustment would be needed to clear up the four foot (4') strip of land. Staff is recommending approval of each request with conditions - one of which would be installation of a garage door opener. Michael Strange asked if Staff had considered the possibility of a side entry garage. Mr. Franklin replied that such an alternative would literally eliminate the applicant's rear yard. Mr. Strange also asked about whether Indianapolis Avenue was an arterial street and Les Evans stated it had been classified as a secondary arterial street but would not be done because of City Council action. Dennis Krejci asked about the utility poles in the area and the applicant replied there was one. The Public Hearing was opened by Tom Poe, Chairman, and Jeffrey Palmer was present. Mr. Palmer reiterated Mr. Franklin's statements and assured the Board he always pulled his truck completely up onto the existing pad. Les Evans stated there was no sidewalk existing at the location and suggested the Board require it as a condition of approval. The applicant was amenable to installation of the garage door opener but he felt construction of the sidewalk at this time would be a financial hardship. Daryl Smith suggested allowing the applicant one (1) year in which to complete installation of the sidewalk. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Dennis Krejci stated he would prefer having the side entry garage rather than allowing perpetuation of a nonconforming situation by construction of the garage on the existing pad. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-17 AND USE PERMIT NO. 86-20 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -9- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 10 FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 86-17: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, 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. 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. 86-17 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 - CONDITIONAL EXCEPTION NO. 86-17: 1. The revised site plan received and dated March 28, 1986, and the floor plans and elevations received and dated March 17, 1986, shall be the approved layout. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 3. All applicable Conditions of Approval of Use Permit No. 86-20 shall remain in effect. 4. The Board of Zoning Adjustments reserves the right to revoke Conditional Exception No. 86-17 if any violation of these conditions,of the Huntington Beach Ordinance Code occurs. FINDINGS FOR APPROVAL - USE PERMIT NO. 86-20: 1. The establishment, maintenance and operation of the proposed garage 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. -10- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 11 3. The proposal is consistent with the City's General Plan of Land Use. CONDITIONS OF APPROVAL - USE PERMIT NO. 86-20: 1. The revised site plan received and dated March 28, 1986, and the floor plans and elevations received and dated March 17, 1986, shall be the approved layout. 2. An automatic garage door opener shall be installed in the proposed garage. 3. Provide public improvements (sidewalk) to Department of Public Works Standards within one (1) year from date of approval of Use Permit No. 86-20. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. Proposed structure shall be architecturally compatible with existing structure. 6. 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. 7. Prior to issuance of building permits, the applicant shall file a Lot Line Adjustment to consolidate Lot 9 of Tract Vista Del Mar. The plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded plat shall be filed with the Department of Development Services prior to final inspection or occupancy. 8. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-20 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Poe, Smith NOES: Krejci, Strange ABSENT: None USE PERMIT NO. 86-19 Applicant: Pat's Ski and Sport Shop A request to permit a three (3) day parking lot sale. Subject property is located at 8909 Adams Avenue (Northwest corner of Adams Avenue and Magnolia Street). -11- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 12 This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1984. Staff reported a telephone call had been received from Tom Perry of Pat's Ski and Sport Shop requesting withdrawal of their application. Mr. Perry had explained the Huntington Beach location sale had to be in conjunction with a similar sale in Santa Ana, and the City of Santa Ana would only allow one sale every six months. Thus, the applicant would like to reapply at a later date. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-19 WAS WITHDRAWN AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None USE PERMIT NO. 86-25 Applicant: Pet Prevent -A -Care, Inc. A request for a veterinary clinic for dogs and cats,on Saturday, April 13, 1986, at Newland Center (Northeast corner of Beach Boulevard and Adams Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Robert Franklin stated this application had been received in the mail and this type of clinic had been held previously without problems. Mr. Franklin further explained the applicant had stated, in writing, that they would postpone the clinic in the event there were any appeals entered since the clinic would be held prior to expiration of the appeal period. Staff recommended approval with conditions. Linda McLaughlin was present to represent the applicant and agreed, after Mr. Franklin's questioning, to the possible postponement. UPON MOTION BY SMITH AND SECOND BY EVANS, USE PERMIT NO. 86-25 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan dated April 3, 1986, shall be the approved layout. 2. A Certificate of Insurance form shall be filed in the Administrative Services Department in an amount deemed -12- 4/9/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 9, 1986 Page 13 necessary by the Public Liability Claims Coordinator, along with a Hold Harmless Agreement executed by the insured, at least three (3) days prior to the event. 3. 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. 4. A Certificate to Operate shall be issued by the Department of Development Services, as required by S. 9730.8 of the Huntington Beach Ordinance Code, prior to the event. 5. The applicant shall provide for clean up of the area after the closing of the event. NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your corm le�te Temporary Outdoor event application a minimum of three (3) weeks prior to the event for adequate review and processing. I is procedure is not followed, your application will not be processed. Also, for your information, you may process up to three (3), one -day events at a time provided they are all within a few months of one another. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None There was no further business to be presented to the Board for discussion. UPON MOTION BY KREJCI AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, APRIL 14, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None 1 Olen K. Godfrey, Secretary Board of Zoning Adjustments jh (4720d) -13- 4/9/86 - BZA