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HomeMy WebLinkAbout1986-04-23MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, APRIL 23, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, California Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Hess MINUTES: UPON MOTION BY EVANS AND SECOND BY SMITH, THE REGULAR MEETING OF APRIL 9, 1986, WERE TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Godfrey REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-19 Applicant: James Stringer MINUTES OF APPROVED AS A request to permit ten foot (10') front setback in lieu of fifteen foot (15') setback for second story addition. Subject property is located at 18121 Wellbrook Circle (West side of Wellbrook Circle approximately two hundred feet (200') South of Glenfox Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff_ member, Scott Hess, reported the subject property is located in Rl-CZ Zone but is exempt from a coastal development permit because it is not within three hundred feet (300') of any bluff or ocean area. The house was originally approved and built several years ago with a seven foot (7') setback from Wellbrook Circle for the garage. Staff has reviewed the project and is recommending approval since the lot is an irregularly -shaped lot. The applicant is complying with the basic intent of the Code by providing a three foot (3'), Second Floor setback above the garage where typically a five feet (5') offset above the garage is provided. Staff does have concerns over the outside stairways and is recommending that both stairways to the Third Floor be attached internally. Also, Staff wants to be sure the building addition complies with the new building height definition. Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 2 Daryl Smith questioned the reasoning for installation of interior stairways but Staff felt they should be integrated into the existing residence to alleviate any possibility of creating a second unit. After a further discussion between the Board members, it was determined the stairway from the First Floor to the Second Floor could be located externally but the stairway to the Third Floor should be located inside the residence. The necessity for acoustical requirements suggested by Staff was also questioned by Daryl Smith, and Mr. Smith wondered if the sound problem could be handled by installation of thicker windows, etc. Staff explained he was just asking that the applicant comply with State Codes. Tom Poe opened the Public Hearing and the applicant, James Stringer, was present. He stated he would like to have the outside stairway for fire access because his family had suffered a fire in their garage and were very concerned. Mr. Stringer further stated he could live with the other conditions. Tom Poe asked the applicant if he could "live with" the inside stairway and Mr. Stringer agreed he could. 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, CONDITIONAL EXCEPTION NO. 86-19 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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 subject property is somewhat triangular in shape and is situated at the end of a cul-de-sac. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. The irregular shape of the lot limits its buildable area. 3. The granting of Conditional Exception No. 86-19 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The garage setback is currently seven feet (7'); the Second Floor addition will have a ten foot (10') setback. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -2- 4/23/86 - BZA 1 Minutes, H. P. Board of Zoning Adjustments April 23, 1986 Page 3 CONDITIONS OF APPROVAL: 1. The site plan received and dated March 31, 1986, shall be the approved layout. 2. Revised floor and elevation plans shall be submitted depicting the modifications described herein: a. One stairway from the First Floor to the Second Floor may be located externally; however, the stairway to the Third Floor shall be internally connected to the Second Floor. b. The addition shall conform to the new building height definition and limitation as referenced in Ordinance No. 2837. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted herein. 4. Proposed structures shall be architecturally compatible with existing structures. 5. The proposed addition on the subject property shall be constructed in compliance with the State acoustical standards set forth for structures that lie within the 60 CNEL contours of the property. 6. Prior to 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. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None . ABSENT: None CONDITIONAL EXCEPTION NO. 86-22 Applicant: Dewayne Brown A request to permit a two foot (2') encroachment into a required ten foot (10') landscape planter. Subject property is located on the Southeast corner of Mountjoy Drive and Gothard Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. -3- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 4 Staff stated the property is zoned Ml and is vacant. The Board had previously approved a project for nineteen foot (19') deep free and clear parking spaces. Now, however, the applicant is requesting a variance to permit a two foot (2') encroachment into the landscape planter area. The applicant is providing more than the minimum required landscaping and it is also a corner lot. Staff is recommending approval with conditions that the compact stalls be marked "COMPACT" and other conditions of Administrative Review 86-13 remain in effect. Tom Poe opened the Public Hearing and the applicant, Dewayne Brown, was present. Mr. Brown indicated the revisions had been made to the site plan because of the handicap requirements and stated he was in agreement with all the conditions except the turn around at the end which would change the parking. Mr. brown further indicated there was a clearance of twenty-five feet (25') at the end with nineteen foot (19') parking stalls instead of compact. 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 EVANS, CONDITIONAL EXCEPTION NO. 86-22 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 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 subject property is a corner lot. 2. The granting of a conditional exception for a two foot (2') parking space overhang encroachment into the required ten foot (10') landscape planter is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 86-22 will not be materially detrimental to the public welfare or injurious to property in the same zone classifications. More than eight percent (8%) of the site is landscaped. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -4- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 5 CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 1, 1986, shall be the approved layout. 2. The compact spaces shall be designated by painting the word "COMPACT" on the surface of each stall. 3. All Conditions of Approval of Administrative P.eview No. 86-13 shall be complied with except for the exception noted herein. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-18 Applicant: Hsueh Yung Hsu A request to permit a 1,028 Square Foot expansion to an existing restaurant. Subject property is located at 18330 Beach Boulevard (East side of Beach Boulevard approximately one hundred twenty feet (120') North of Taylor Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff noted the request would need a continuance to the next regular meeting because it had been determined the previous afternoon that the applicant had failed to furnish the correct list of adjacent property owners; consequently, the project would have to be readvertised. Glen Godfrey asked if there would be sufficient time for the request to be readvertised and heard at the next meeting, and Staff stated the letters had been mailed out to the additional property owners the previous day. Staff also noted the seating capacity of the restaurant had been listed as sixty-four (64) but there were one hundred and eight (108) seats in the existing restaurant. Upon questioning by Mr. Godfrey, Tom Poe said he had checked the occupancy per Fire Department regulations. The Public Hearing was opened by Chairman Poe and Ron Russell was present to represent the applicant. Mr. Russell said the applicant was attempting to comply with the Fire Department and Health Department. Mr. Russell further explained the applicant was not attempting to expand the actual seating capacity but rather to enlarge the storage area, kitchen, and waiting room area for a more efficient operation. -5- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 6 T.,F. Dineen, 18361 Patterson Lane, #1, was also present and stated he was owner of property to the rear of the shopping center. He was concerned about how the applicant would make this addition and Staff explained the applicant would occupy the existing space adjacent to the restaurant. Mr. Russell also stressed the fact the restaurant had served as an "anchor" for the shopping center and all the owners, with the exception of another restaurant, were in favor of the expansion. 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 POE, USE PERMIT NO. 86-18 WAS CONTINUED TO THE REGULAR MEETING OF APRIL 30, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-172 (W) Applicant: RMG Engineering, Inc./Larry Truman A request to consolidate two (2) parcels into one (1) parcel. Subject property is located at 15261 Connector Lane and 15262 Pipeline Lane (West side of Connector Lane and East side of Pipeline Lane - 300 feet North of Machine Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff stated the recommendation was for approval of this request since improvements were in and dedications had been made. The applicant, Larry Truman, was present and said the re was one building and the lot line runs through the center of the building. The owner wants to put a door through the building and needs the change. UPON MOTION BY POE AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 86-172 (W) WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS OF APPROVAL FOR WAIVER: 1. The proposed consolidation complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate and approved public roads, sewer and water facilities, environmental protection, and other requirements of Article 992 of the Subdivision Section of the Ordinance Code. -6- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 7 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Development Services on April 2, 1986, shall be the approved layout. 2. Compliance with all applicable City Ordinances. 3. The applicant shall file, through the Huntington Beach City Clerk's Office and have recorded with the Orange County Recorder's Office, a Certificate of Compliance in conjunction with the approved plat map. A copy of the recorded Certificate of Compliance and plat map shall be filed with the Department of Development Services prior to issuance of building permits on the subject property. 4. All previous conditions of Tentative Parcel Map No. 77-12 and Tentative Parcel Map No. 79-581 shall remain in effect. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-176 Applicant: Neria Yomtoubian A request to permit the subdivision of one (1) lot into two (2) lots. Subject property is located at 714 - 808 Adams Avenue (South side of Adams Avenue approximately two hundred feet (200') West of Beach Boulevard). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1984. Scott Hess reminded the Board this map had been before them in 1983 but, when the property was sold, the new property owner was not allowed to use this map. Consequently, the new owner is now requesting approval of the parcel map. Staff would recommend approval with conditions. There was a discussion concerning why Mola Development had not allowed use of the original map and Glen Godfrey stated the parcel line had only moved one or two feet. -7- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 8 The applicant, Neria Yomtoubian, was present and stated he did not understand the condition for vehicular access rights to be dedicated to the City. The City Engineer, Les Evans, said it should be changed to indicate that vehicular access rights from Lot No. 2 shall be relinquished to the City and noted on the map. Mr. Evans also asked that the existing buildings and oil well be indicated on the map. Mr. Yomtoubian agreed to the revised conditions. UPON MOTION BY SMITH AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 86-176 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of one (1) parcel for purposes of commercial use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting.forth objectives for implementation of this type of use. 3. The property was previously,studied for this intensity of land use at the time.the land use designation for community business district allowing commercial buildings was placed on the subject property. 4. The size,•depth,-frontage, street, width and other design and improvement features of the,proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Development Services on April 2, 1986, shall be the approved layout with the following modifications: a. Show existing improvements including buildings, parking area, and oil well. 2. A Parcel Map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. -8- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 9 3. Compliance with all applicable City Ordinances. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. 5. Utility, parking, and reciprocal access agreements shall be filed for review and approval by the Department of Public Works and Development Services prior to final recordation of the map. 6. Vehicular rights to Adams Avenue from Lot No. 2 shall be relinquished to the City of Huntington Beach except at locations approved by the City, and shall be so noted on the map. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None LOT LINE ADJUSTMENT NO. 86-3 Applicant: Joseph Mogel A request to permit a five foot (5') adjustment between two (2) lots. Subject property is located on the Northeast corner of Knoxville Avenue and Alabama Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported approval of the request with conditions was being recommended. Les Evans asked if the lots were vacant because, if so, corner radius dedications should be made. The applicant, Joseph Mogel, was present and stated there was an old house on the rear of the lot. He further stated he would like to erect two (2) new residences on the lots and would like the line adjusted to reflect two (2) thirty foot (30') lots rather than one thirty-five foot (35') and one twenty-five foot (25') parcel. Glen Godfrey asked if the applicant would have any objection to demolition of the existing residence within a specified time limit and the applicant said he would have none. UPON MOTION BY EVANS AND SECOND BY GODFREY, LOT LINE ADJUSTMENT NO. 86-3 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The Lot Line Adjustment will not create a nonconforming parcel. -9- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 10 2. The Lot Line Adjustment will not create a nonconforming yard requirement because the existing structure will be demolished prior to recordation of Lot Line Adjustment No. 86-3. 3. The Lot Line Adjustment will not sever any existing structure on either of the two (2) lots because the existing structure will be demolished. 4. The Lot Line Adjustment will not allow a greater number of dwelling units than allowed'by this code prior to the adjustment. CONDITIONS OF APPROVAL: 1. The plan received and dated March 31, 1986, shall be the approved layout. 2. Monuments for the newly -established corners shall be readjusted in compliance with the Subdivision Map Act. 3. 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. 4. A Record of Survey shall be submitted to the City for certification by the City Engineer and then recorded with the Orange County Surveyor's Office. When approved and recorded, a copy shall be submitted prior to final inspection or occupancy of any buildings. 5. The existing building shall.be demolished and removed from the premises prior•to recordation of Lot,Line Adjustment No. 86-3. 6. Alley and corner radius dedications shall be made to the satisfaction of the Public Works Department prior to issuance of building permits. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 86-32 Applicant: Popejoy Enterprises A request to permit a temporary outdoor event for one (1) day. Subject property is located at 5582 McFadden Avenue (Southwest corner of McFadden Avenue and Commerce Lane). -10- 4/23/86 - BZA r, Minutes; H. B. Board of Zoning Adjustments April 23, 1986 Page 11 Staff reported this was a request for a temporary outdoor event to sell china and figurines in an industrial area with M1 Zoning. Glen Godfrey stated a retail sales event would be contrary to zoning for the area. Staff stated the applicant would probably -be there selling his wares, along with other vendors, even if the Board denied the request and the Code does state an individual can apply for an outdoor event to sell anything which would advertise his business. UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-32 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated April 21, 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 insured, at least three (3) days prior to the event. 4. The applicant shall provide for clean up of the areas after closing of the event per Orange County Agricultural Commission and Environmental Health Department. 5. The applicant shall obtain all necessary building and electrical permits. 6. A Certificate to Operate shall be issued by the Director of Development Services as required by S. 9730.80 of the Huntington Beach Ordinance Code. AYES: Evans, Poe, Smith NOES: Godfrey ABSENT: None ABSTAIN: Krejci There was no further business to be presented to the Board for their review and discussion. -11- 4/23/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 23, 1986 Page 12 UPON MOTION BY SMITH AND SECOND BY POE, THE-REGULAR.MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, APRIL 28,'1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None &V(9 Glen K. Godfrey ; -Secretary Board of Zoning Adjustments jh (5020d) 1 -�12- 4/23/86 - BZA