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HomeMy WebLinkAbout1986-04-30I 1 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS WEDNESDAY, APRIL 30, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Room B-6 - Civic Center 2000 Main Street Huntington Beach, California Evans, Godfrey, Krejci, Poe, Smith Franklin, Hess MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF APRIL 16, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None REGULAR AGENDA ITEMS: USE PERMIT NO. 86-18 Applicant: Hsueh Yung Hsu A request to permit a 1,028 Square Foot expansion to an existing restaurant (Ruby Palace). Subject property is located at 18330 Beach Boulevard approximately one hundred twenty feet (1201) North of Taylor Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff member, Scott Hess, reported this project had been continued to allow time for notification of adjacent property owners who had been omitted when Mr. Hsu submitted his first list to the City. Staff stated the applicant wished to enlarge the kitchen space, waiting area, and storage room. Staff further stated the restaurant had been permitted in 1979 with a Certificate of Occupancy for sixty-eight (68) persons, but the applicant currently has seating for one hundred and eight (108) occupants. The applicant has proposed reducing the seating capacity to ninety-two (92) which would still be in excess of the allowable number based on the present parking ratio. An extensive discussion ensued relative to the parking problems, the overage in seating capacity, Health Department concerns, and Fire Department requirements. Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 2 The Public Hearing had remained open from the previous meeting and Ron Russell was present to represent the applicant. Mr. Russell reiterated the information that the applicant was proposing a reduction in seating to ninety-two, that the restaurant had been the "anchor" of the shopping center, and that they were attempting to create a more efficient working arrangement for the restaurant by this expansion. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. After a further discussion between Staff and the Board members relative to the extensive discrepancy between allowable seating and the desires of the applicant, as well as problems of enforcing a seating limitation on the restaurant, Daryl Smith said he would move for approval of the project with eighty-three (83) seats allowed and that the project meet all fire and safety codes. Glen Godfrey stated he would second the motion with those amendments. MOTION WAS MADE BY SMITH AND SECONDED BY GODFREY FOR APPROVAL OF USE PERMIT NO. 86-18. MOTION FAILED TO CARRY BY THE FOLLOWING VOTE: AYES: Godfrey, Smith NOES: Evans, Krejci, Poe ABSENT: None UPON MOTION BY EVANS AND SECOND BY KREJCI, USE PERMIT NO. 86-18 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. The establishment, maintenance and operation of the restaurant expansion will be detrimental to the general welfare of persons working in the vicinity. 2. On -site parking is inadequate and has the potential of creating a congestion and circulation hazard. Based on current Zoning Code parking requirements, a total of eighty-nine and one-half (89.5) parking spaces are required for the existing uses within the center. The proposed expansion would result in a requirement of ninety-six (96) spaces - a deficiency of twenty-nine (29) spaces (sixty-seven (67) are currently provided on -site). 3. The greatest parking demand is at lunch time and during dinner hours which reduces the number of parking spaces available for other tenants within the center and has caused come overflow parking on Beach Boulevard and adjacent vacant lot. -2- 4/30/86 - BZA Ll Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 3 AYES: Evans, Krejci, Poe NOES: Godfrey, Smith ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-10 CONDITIONAL EXCEPTION NO. 86-23 Applicant: Raymond E. Ponce, M.D. CDP REQUEST: Add to and remodel a single family residence, which includes chimneys and spires extending up to forty feet (401) in height, in the Coastal Zone. CE REQUEST: To allow a four foot (41) side yard setback for a portion of a single family residence in lieu of the required five foot (51) setback. Subject property is located at 3292 Venture Drive (West side of Venture Drive at intersection of Typhoon Lane). These requests are covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff member, Robert Franklin, stated that currently located on the property is a two-story, 4,000 Square Foot single family residence, and the applicant proposes an addition of 2,500 Square Feet. The residence will be in Tudor style and will have chimneys and spires extending to a height of forty feet (401). The proposed residence meets zoning requirements with the exception of the four foot (41) side yard setback, and the lot is only forty-six feet (461) in width where other parcels in the area are sixty feet (601). The zoning in the area is R1-CZ and would require a Coastal Development Permit. Staff would recommend approval with conditions. Glen Godfrey asked about the percentage of site coverage and Staff stated it would be fifty-two and one-half percent (52-1/2%). Les Evans expressed concerns about parking, and Glen Godfrey mentioned a letter had been received from the next door neighbor who did not object to the side yard setback. The Public Hearing was opened by Tom Poe, Chairman, and Dr. Raymond Ponce, was present and explained his lot was "pie -shaped" which created problems in placement of the residence. He further explained his neighbor's wall was located one foot (1') onto his property but he did not want the wall removed. Dr. Ponce mentioned that most of his neighbors had not seen the plans for his proposed residence so they could not judge it accurately. Dennis Krejci discussed the possibility of removing a portion of the existing residence for conformance with the setback. Upon questioning by Tom Poe, Dr. Ponce replied the total square footage of the residence, -3- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 4 when completed, would be 6,500 Square Feet. Tom Poe also explained the possible necessity for a residential fire sprinkler system and Daryl Smith reiterated that it might be necessary for the applicant to install the system throughout the entire house. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. MOTION WAS MADE BY SMITH AND SECONDED BY POE FOR APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 86-10 AND CONDITIONAL EXCEPTION NO. 86-23. MOTION FAILED BY THE FOLLOWING VOTE: AYES: Poe, Smith NOES: Evans, Godfrey, Krejci ABSENT: None UPON MOTION BY GODFREY AND SECOND BY KREJCI, COASTAL DEVELOPMENT PERMIT NO. 86-10 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed single family residence addition 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. CONDITIONS OF APPROVAL: 1. The site plan (as modified at the meeting), floor plans, and elevations received and dated April 2, 1986, shall be the approved layout. 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- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 5 4. The spires and chimneys are acceptable and shall not exceed forty feet (401) in height. 5. All applicable Public Works Department fees shall be paid. 6. The structure shall meet all applicable side yard setbacks. UPON MOTION BY GODFREY AND SECOND BY KREJCI, CONDITIONAL EXCEPTION NO. 86-23 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class of uses in the same district. 2. Since the subject property can be fully developed within regular established setbacks, such a conditional exception is not necessary for the preservation and enjoyment of substantial property rights. 3. The proposed structure will not be compatible with adjacent properties. 4. Granting of Conditional Exception No. 86-23 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. AYES: Evans, Godfrey, Krejci NOES: Poe, Smith ABSENT: None USE PERMIT NO. 86-17 NEGATIVE DECLARATION NO. 86-18 Applicant: William H. Wilson A request to permit the construction of an eleven (11) unit apartment project. Subject property is located on the East side of Warner Avenue at intersection of Orion Street. This request is covered by Negative Declaration No. 86-18. Staff reported the applicant is proposing an eleven (11) unit apartment project on a vacant site which will consist of two (2) fourplexes and one (1) triplex on individual lots. The zoning for -5- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments ` April 30, 1986 Page 6 his parcels is R2 but Staff has received several letters expressing concern over the impact of such an extensive project in a residential neighborhood. Staff also had concerns that one of the rooms shown as a den would be used as a bedroom; however, the applicant has assured Staff he will leave the room as a den with appropriate openings. Staff further stated the reason the project was before the Board was that it was located on an arterial highway - Warner Avenue. Daryl Smith reiterated the project did meet zoning requirements under the R2 classification and the Board would have no authority to change the zoning on the parcels. Staff concurred with the statement. Dennis Krejci mentioned the application was before the Board for review of architectural features only. After further discussion, Tom Poe opened the Public Hearing and the applicant, William H. Wilson, was present. Mr. Wilson stated he had purchased the property with the R2 zoning to specifically construct an'apartment building, and that his daughter would be living there and managing the apartments. Mr. Wilson further stated he would be willing to work with the adjacent property owners to alleviate any problems they felt would arise. Kathleen Johnson, 17092 Sandra Lee Lane, objected to the project because of an increase in on -street parking which would be created by people "sharing" the apartments and having more than one or two cars per apartment to park. She also stated she had presented Staff with letters and a petition from other residents in opposition to the project. Another adjacent property owner, Sumiye Onodeka, 17101 Sandra Lee Lane, stated she had only built three units on her property and felt Mr. Wilson's parcels should be limited to lower density than he was proposing. Bill Winn, 17192 Marina View Place, said he was the owner of a custom home on an adjacent street and he was in opposition to having an apartment project built so close to his home. Tom Poe informed the audience that Staff was proposing a one -week continuance to see if problems could be clarified between the applicant and adjacent owners. Glen Godfrey again stated the problem seemed to be with zoning and this Board had no authority to change the zoning. A discussion ensued between Glen Godfrey and Daryl Smith regarding the zone change process. Ted Dowding, 17192 Sandra Lee Lane, and Naomi B. George, 17212 Marina View Place, both spoke in opposition to the project. There were no other persons present wishing to speak for or against the project and the Public Hearing was left open since the applicant had indicated he would request a continuance. -6- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 7 MOTION WAS MADE BY EVANS AND SECONDED BY SMITH FOR CONTINUANCE OF USE PERMIT NO. 86-17 AND NEGATIVE DECLARATION NO. 86-18 TO THE MEETING OF MAY 7, 1986. Glen Godfrey asked if the maker and seconder would request specific items be clarified and resubmitted such as grading plan, roof elevations, how the proposed building would relate to Warner Avenue and adjacent property, etc. The maker and seconder of the motion agreed. MOTION CARRIED BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-30 Applicant: Pat's Ski and Sport Shop A request to permit a parking lot sale for three (3) days. Subject property is located at 8909 Adams Avenue (Northwest corner of Adams Avenue and Magnolia Street). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1984. Staff stated this was a request identical to others approved by the Board in the past for this applicant for temporary parking lot sales. Staff recommended approval with conditions. UPON MOTION BY SMITH AND SECOND BY GODFREY, USE PERMIT NO. 86-30 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received April 17, 1986, shall be the approved layout. 2. 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 three (3) days prior to the event. 3. A Certificate to Operate, as required by S.9730.80 of the Ordinance Code, shall be issued prior to the event. 4. The applicant shall provide for clean up of the area after the closing of the event. -7- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 8 NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your comElete Temporary Outdoor Event application a minimum of three (3) weeks prior to the event for adequate review and processing. If this procedure'is not followed, your applica Sion 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, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Les Evans left the meeting at this point - 3:30 P.M. ADMINISTRATIVE REVIEW NO. 86-26 Applicant: Mills Land and Water Company A request to permit a seasonal parking lot. Subject property is located on the West side of Newland Street approximately six hundred twenty-five feet (6251) North of Pacific Coast Highway. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. According to Staff, this is a request for a seasonal parking lot and Traffic has concerns regarding ingress and egress. 'Staff recommended approval with conditions. " The applicant's representative was present and agreed to the conditions as discussed. UPON MOTION BY SMITH AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 86-26 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The parking lot shall be totally enclosed prior to opening of the parking lot in May, 1986, to prevent indiscriminate pedestrian access to Newland Street.' 2. Boundaries of such lots shall be marked 'off and secured by chain or cable, with posts a minimum of three feet (31) in height, solidly built. At a minimum; posts shall 'consist of four inch by four inch (4" x 411) w6od or equivalent metal posts a minimum of one -and one-half inches (1-1/211) in diameter securely set in the ground and placed eight feet (81) on -8- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 9 center. The posts shall be connected with at least one (1) strand of one-half inch (1/211) cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. 3. Lots shall be surfaced to meet specifications of the Public Works, Fire and Development Services Departments for support of vehicles and to provide dust control. 4. All aisle dimensions, bay depths, driveway widths, circulation and turning radii shall comply with Article 979 and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. 5. All striping shall be accomplished and approved before May 24, 1986. 6. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. 7. Lots shall be secured to prevent overnight parking between the closing hour of one business day and the opening hour of the following business day. 8. An attendant shall be on duty at all times during business hours. 9. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On -site signs shall not exceed twelve (12) Square Feet and shall not be more than eight feet (81) high nor less than six feet (61) high. Said signs shall be removed from the site each season no later than the third weekend each September. 10. An approved fire extinguisher shall be provided on the premises during business hours. 11. A Certificate of Insurance and a Hold Harmless Agreement, in an amount deemed necessary by the Administrative Services Department, shall be filed with them at least five (5) days prior to opening the parking lot. -9- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 10 12. The conceptual site plan received and dated April 17, 1986, shall be approved by the Traffic Division of the Department of Public Works for internal circulation and ingress and egress. 13. An inspection shall be made by Land Use and the Public Works Department to insure that the above -imposed conditions have been met prior to opening of business on May 24, 1986. 14. =Surfacing and/or oiling of the parking lot shall be to the satisfaction of the Department of Public Works. 15. No signs, swags, cables, post -signs, etc., shall be allowed in the public right-of-way. AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans ADMINISTRATIVE REVIEW NO. 86-27 Applicant: Ed Riesenfeld A request to permit a seasonal parking lot. Subject property is located on the Northeast corner of Newland Street and Pacific Coast Highway. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff reported.this•is a ,request for a temporary parking lot similar to the previous request. He further stated that Edison usually has provided a three-year lease at this site but this time they have only granted a one-year lease because of their plans to improve the landscaping along Pacific Coast Highway. Staff recommended approval with conditions. The applicant, Ed Riesenfeld, was present and agreed to the conditions. UPON MOTION BY GODFREY AND SECOND BY SMITH, ADMINISTRATIVE REVIEW NO. 86-27 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The parking lot shall be totally enclosed•prior to opening of the parking lot on May 24, 1986, to prevent indiscriminate pedestrian access to Newland Street. -10- 4/30/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 11 2. Boundaries of such lots shall be marked off and secured by chain or cable, with posts a minimum of three feet (31) in height, solidly built. At a minimum, posts shall consist of four inch by four inch (4" x 411) wood or equivalent metal posts a minimum of one and one-half inches (1-1/2") in diameter securely set in the ground and placed eight feet (81) on center. The posts shall be connected with at least one (1) strand of one-half inch (1/211) cable or chain securely fastened to each post. An opening shall be provided to accommodate vehicle access during business hours. A means of closing and locking of the access opening after business hours shall be provided. 3. Lots shall be surfaced to meet specifications of the Public Works, Fire and Development Services Departments for support of vehicles and to provide dust control. 4. All aisle dimensions, bay depths, driveway widths, circulation and turning radii shall comply with Article 979 and Fire Department requirements. Median lines of parking bays shall be marked off by a physical barrier such as concrete wheel bumpers, telephone poles or equivalent. 5. All striping shall be accomplished and approved before May 24, 1986. 6. The site shall be maintained in a clean condition free from trash and debris. Trash containers shall be placed on the site sufficient to accommodate and store all trash that accumulates on the lot. 7. Lots shall be secured to prevent overnight parking between the closing hour of one business day and the opening hour of the following business day. 8. An attendant shall be on duty at all times during business hours. 9. Directional and informational signs shall be displayed on -site to provide identification of entry into the parking lot and charges for parking and hours of operation. Such signs shall be located at the entrance in a copy size visible to motorists entering the parking lot. On -site signs shall not exceed twelve (12) Square Feet and shall not be more than eight feet (81) high nor less than six feet (61) high. Said signs shall be removed from the site each season no later than the third weekend each September. -11- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 12 10. An approved fire extinguisher shall be provided on the premises during business hours. 11. A Certificate of Insurance and a Hold Harmless Agreement, in an amount deemed necessary by the Administrative Services Department, shall be filed with them at least five (5) days prior to opening the parking lot. 12. The conceptual site plan received and dated April 18, 1986, shall be approved by the Traffic Division of the Department of Public Works for internal circulation and ingress and egress. 13. An inspection shall be made by Land Use and the Public Works Department to insure that the above -imposed conditions have been met prior to opening of business on May 24, 1986. 14. Surfacing and/or oiling of the parking lot shall be to the satisfaction of the Department of Public Works. 15. No signs, swags, cables, post -signs, etc., shall be allowed in the public right-of-way. NOTE: The Southern California Edison Company has indicated this lease will be for a period of one (1) year only as they intend to landscape portions for beautification of the Pacific Coast Highway area. AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans MISCELLANEOUS AGENDA ITEMS: USE PERMIT NO. 86034 Applicant: Loehmann's 5 Points Plaza A request for a Temporary Outdoor Event - one (1) hour Fashion Show from 12:30 to 1:30 P.M. on May 3, 1986, at Loehmann's 5 Points Plaza. Subject property is located between Main and Ellis Streets just West of Beach Boulevard. Staff stated this was a request for a temporary outdoor event which would encompass a tent being placed in a centrally located area of the parking lot. Staff informed the applicant's representative that a three (3) week lead time would be required in the future for all applications of this nature, and the applicant's representative agreed to this stipulation, as well as conditions placed on' the project. -12- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 13 UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-34 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual plan received April 25, 1986, shall be the approved layout. 2. A Certificate of Insurance form in the amount of $1,000,000.00 and Hold Harmless Agreement shall be filed with the Insurance Claims Section of the Administrative Services Department, and said insurance shall be approved by the City Attorney. 3. The applicant shall obtain all necessary permits (electrical, fire, and zoning) prior to the commencement of the event. 4. No fuel or flammable gases shall be permitted on the site without the approval of the Fire Department. 5. Fire access lanes shall be maintained. 6. The applicant shall provide for clean up of the area after the closing of the event. 7. Current City of Huntington Beach business license for "Casual Corner America" must be obtained. 8. 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 prior to the event. NOTE TO APPLICANT: You are hereby notified that, for future events, this Department must receive your complete Temporary Outdoor Event application a minimum of three (3) weeks prior to the event for adequate review and processing. If this 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: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans There was no further business to be presented to the Board for their review. -13- 4/30/86 - BZA Minutes, H. B. Board of Zoning Adjustments April 30, 1986 Page 14 UPON MOTION BY SMITH AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, MAY 2, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: Evans Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (5208d) 1 -14- 4/30/86 - BZA