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HomeMy WebLinkAbout1986-07-09MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 9, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Franklin CONDITIONAL EXCEPTION NO. 86-41/USE PERMIT NO. 85-30 (Extension of Time) Applicant: Diversified Shopping Centers The Conditional Exception is a request to permit the required 6% landscaping be reduced to 5.7%, allow 10% warehouse parking in lieu of total retail parking, and to permit the required 100' commercial entrance be reduced to 95' on one side and 24' on the other in depth. The Use Permit is a request for a one year extension of time as it will expire on July 10, 1986. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff member, Robert Franklin, reported that the request is similar to Conditional Exception No. 85-30 which was approved in 1985 and which will expire on July 10, 1985. The Conditional Exception is for the Site Plan and the Use Permit will allow development of the project. Staff reported that the site plan if approved would supercede the site plan of the Use Permit. Tom Poe opened the Public Hearing and Barbara Sisson of Diversified Shopping Centers, who represent the owners of the center, was present. She reported that they had addressed the Board's concerns of the previous approval. She said that there are three tenants who control changes to the center and one of tenants (Winchell's) was prepared to put an injunction on the improvements if the left turn off the entrance on Eninger is removed. She presented rough sketches showing a reduction in the median which would resolve the problem. Les Evans stated that the the design was very poor. Daryl Smith advised the applicant that the design presented would create a very dangerous situation if the left turn was allowed. Dave Villalebos of Diversified addressed the Board. He asked the Board to help with a design that would work. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. The Board discussed alternatives for the project. A MOTION WAS MADE BY SMITH AND SECOND BY GODFREY TO APPROVE CONDITIONAL EXCEPTION NO. 86-41 WITH FINDINGS AND CONDITIONS AND GRANT A ONE YEAR EXTENSION OF TIME FOR USE PERMIT NO. 85-30, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception No. 86-41 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 3. Landscaping and parking overhangs into the required landscaped areas meet the intent of the Code and are therefore acceptable. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. CONDITIONS OF APPROVAL: 1. The site plan dated June 10, 1986 shall be revised depicting: a. 24' wide ingress lane at Edinger entrance b. Extend Edinger entrance median an additional ten feet. C. Fire access lanes with widths and dimensions shown and approved by the Fire Department. d. Fully dimensioned 2. A parking management plan shall be submitted for review and approval by the Development Services Department prior to the issuance of building permits to assure employee parking in the rear. 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. Elevations shall be approved by the Department of Development Services. 5. A planned sign program shall be approved for all signing within the commercial center pursuant to S.960.43 of the Huntington Beach Ordinance Code. BZA Minutes -2- July 91 1986 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 8. Driveway approaches shall be a minimum of thirty feet (301) or more in width and shall be of radius type construction unless otherwise noted on plans. 9. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 10. An automatic fire sprinkler system shall be approved and installed in those areas determined necessary pursuant to Fire Department regulations. 11. All signs shall comply with Article 960 of the Huntington Beach Ordinance Code within ninety (90) days. 12. 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. 13. Low -volume heads shall be used on all spigots and water faucets. 14. 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. 15. 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. 16. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and. utilities. 17. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 18. The subject property shall enter into an irrevocable reciprocal driveway easement between the subject site and adjacent property. 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. BZA Minutes -3- July 9, 1986 19. Von's expansion shall require a Site Plan Amendment before the Board of Zoning Adjustments. 20. Provide engineer street plan which addresses right-of-way features subject to approval of the Department of Public Works. 21. The site plan dated June 10, 1986 shall supercede the site plan for Use Permit No. 85-30. AYES: Godfrey, Krejci, Poe, Smith NOES: Evans ABSENT: None Motion Passed USE PERMIT NO. 86-49 Pet Prevent -A -Care, Inc. A request to permit a veterinarian clinic for dogs and cats on Saturday, July 13, 1986 and Saturday, October 25, 1986, from 2:30 to 5:00 PM in the Newland Center parking lot. The request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff member, Robert Franklin, reported that the applicant had conducted the clinic in the past and staff had received a recommendation of approval from the Police Department and the Land Use Section of Development Services Department. Tom Poe opened the Public Hearing and Shirley Anderson, representing the applicant, was present, however did not address the Board. Upon questioning by Tom Poe, Ms. Anderson agreed to the conditions of approval. There was no one else present to speak for or against the project so the Public Hearing was closed. A MOTION WAS MADE BY-EVANS AND SECOND BY SMITH TO APPROVE USE PERMIT NO. 86-49 WITH CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan dated June 12, 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. BZA Minutes -4- July 9, 1986 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. Motion Passed USE PERMIT NO. 86-47 SS Simon and Jude Catholic Church A request to permit an annual festival for three (3) days on October 31 4 and 5, 1986. The request is covered by Categorical Exemption, Class 41 California Environmental Quality Act, 1984. Staff member, Robert Franklin, reported that this is a yearly festival and that Staff had received a petition in support of the festival which stated that the conditions are too restrictive. Staff recommended approval with the conditions imposed for the 1985 festival. Sgt. Bruce Kelly reported that the Police Department had received minimal complaints and these dealt with the barriers and noise during the break down of the rides. He said the Police Department would be opposed to any deletions in the conditions. Don Shaw of the Land Use Section of Development Services reported that there were minimal complaints and was available for questions. Tom Poe opened the Public Hearing. Gregory Kempton, Co-chairman of the festival, was present. He said the condition imposed for the 1985 festival for added police protection had resulted in $25,000 of additional expenses. Also the shut down at 10:00 P.M. resulted in loss of revenue. He requested that the festival hours be changed which would allow the rides to shut down at 10:00 P.M. but the food and game booths to close at 11:00 P.M. Mike DeAllis was present and said he was in favor of the festival. George Lim was present and said that rides were too close to the residential area which results in loss of privacy and intolerable noise. The problem could be resolved by placing the rides on the pavement portion of the lot. BZA Minutes -5- July 9, 1986 James Lange, Chairman of the festival, was present. He felt that the rides are safer on the grass. He went on to say, that if the rides were placed on the pavement it could damage to the pavement and create traffic problems getting in and out•of the festival. Eveline Eng was present and addressed the Board. She said that the added condition for security, which was conditioned for the 1985' festival, had created piece of mind for the neighbors,and requested that the same conditions be imposed for the 1986 festival. Upon questioning by Daryl Smith, she stated that she would not object to the food and -game booths closing at 11:00 P.M. Joan Ayres was present and stated that she was not opposed to the festival staying open to 11:00 P.M. if the rides and music ceased at 10:00 P.M. Upon questioning by Daryl Smith, Sgt. Kelly stated that the Police Department recommendation would.remain the same: He went on to say that if the festival closes at 11:OO..P.M., it would be 12:00 A.M. before the noise subsided. There was no one else present wishing to speak for or against the festival so the Public Hearing was closed. . A MOTION WAS MADE BY POE AND SECOND.BY GODFREY.TO APPROVE USE PERMIT NO. 86-47 WITH CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL 1. Site.plan dates June 4, 1986-shall be the approved layout. a. Kiddie and adult rides shall be located at.the most westerly location of the grass area site subject to review and -approval of the Fire -and Development Services Departments. 2. - Prior to operation of any equipment used in conjunction with the amusement rides, the City shall be in receipt of State Certification and permits showing inspection within a one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. 3. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative -Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. 4. All Alcoholic Beverage Control requirements shall be met. 5. Prior to issuance of a permit, a layout and circulation plan shall be approved by the Fire Department. Fire access lanes shall be maintained. BZA Minutes -6- . July 9, 1986 1 6. When the site is ready for the event, an on -site inspection shall be made by the Departments of Development Services and Fire. If all site conditions are met, a Certificate to Operate shall be issued. The festival shall not commence until the Certificate to Operate has been issued. 7. Prior to the issuance of a permit, appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. Said signs, location and content to be as recommended by the Traffic Division of the Police Department. Barricades shall be placed on both sides of the intersection of Kelvengrove Lane and Indianapolis Avenue and at the intersection of Magnolia Street with Bedel Drive and Village Drive. The applicant shall provide, at their expense, uniformed police officers to man the barricades from one (1) hour prior to the opening of the festival to the close of each day. (To be approved by the Traffic Engineer and Traffic Division of the Police Department.) 8. In a number as determined by the Police Chief, uniformed officers shall be provided on -site during the hours of operation not less than four (4) officers at any time. Cost of this and Condition No. 8 shall be borne by the applicant. 9. Breakdown of stands, equipment, apparatus and rides shall be prohibited after 10:00 P.M. Sunday. 10. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be discontinued as of 9:30 P.M. each evening. Speakers shall not be directed towards any housing area. 11. The carnival, and all related activities, shall comply with all applicable sections of the Municipal Code requirements pertaining to the Noise Ordinance. 12. All operations of the festival, including tear down of machinery, other than necessary refrigeration units (if provided), shall be as follows: Friday 5:00 PM - 10:00 PM Saturday 10:00 AM - 10:00 PM Sunday 11:00 AM - 10:00 PM *rides close at 8:30 PM 13. If a refrigeration truck is provided, it shall be placed as far away from residential property as possible to minimize noise. BZA Minutes -7- July 9, 1986 14. The applicant shall provide for clean-up of the area each evening after closing of the event. Clean-up of the site, after 10:00 PM, shall not include the use of any machinery or equipment that may disturb the residents in the area. All trash, debris and garbage, as well as special dumpsters, shall be'removed from the site within two (2) days of closing of the event. 15. The applicant shall provide professional clean-up crews to clear the adjacent streets of trash and debris. This clean-up shall not commence prior to 7:00 AM each morning. 16. An -on -site parking plan shall be submitted showing access to and number of spaces. Plan to be approved by Traffic Engineer and Traffic Division of Police Department. 17. An announcement should be made to parishioners requesting that they refrain from parking on neighborhood streets. 18. The church shall provide church personnel to patrol street parking areas (Magnolia and Indianapolis) to.prevail,upon those utilizing street parking to cross streets at the intersection. 19. In the event there are any violations to the foregoing conditions of any violation of life safety codes, the festival activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Development Services. AYES: Godfrey, Krejci, Poe NOES: Evans, Smith ABSENT: None Motion Passed TENTATIVE PARCEL MAP NO. 86-245 Applicant: Robert Contorelli A request to permit one (1) lot parcel map for four (4) industrial condominiums located at 17682-96 Metzler Lane. The request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Glen Godfrey reported that no one was present to accept the conditions of approval, therefore, the item would have to be continued. 1 BZA Minutes -8- July 9, 1986 A MOTION WAS MADE BY GODFREY AND SECOND BY SMITH TO CONTINUE TO THE MEETING OF JULY 16, 1186, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Motion Passed A MOTION WAS MADE BY GODFREY AND SECOND BY POE TO ADJOURN TO A STUDY SESSION ON MONDAY, JULY 14, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Motion Passed za Glen K. Godfrey, Secretary Board of Zoning Adjustments jr (5655d) BZA Minutes -9- July 9, 1986