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HomeMy WebLinkAbout1986-07-16MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JULY 16, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Krejci, Poe, Smith, Strange STAFF MEMBERS PRESENT: Franklin MINUTES: UPON MOTION BY POE AND SECOND BY KREJCI, MINUTES OF THE REGULAR MEETING OF JUNE 25, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe NOES: None ABSENT: Smith ABSTAIN: Strange REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP N0. 86-245 (Cont. from July 29, 1986) Applicant: Robert Contorelli A request to permit one (1) lot parcel map for four (4) industrial condominiums. Subject property is located at 17682-96 Metzler Lane (East side of Metzler Lane approximately eight hundred fifty feet (850') South of Slater Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff member, Robert Franklin, said this item had been continued from a previous meeting because the applicant was not present to receive the conditions. Staff recommended approval of the project with conditions. Robert Contorelli, the applicant, was present and accepted the conditions as presented by Staff. UPON MOTION BY EVANS AND SECOND BY STRANGE, TENTATIVE PARCEL MAP NO. 86-245 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 2 FINDINGS FOR APPROVAL: 1. The proposed subdivision of one (1) parcel for purposes of industrial 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 industrial 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 June 3, 1986, shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 5. Compliance with all applicable City Ordinances. 6. The property shall participate in the local drainage assessment district at the time said parcel(s) is/are developed. (Contact the Department of Public Works for additional information). 7. A copy of the recorded parcel map shall be filed with the Department of Development Services. -2- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 3 8. All previous Conditions of Approval of Parcel Map No. 84-600 shall apply. 9. The condominium plan and CC&R's shall be "approved as to form" by the City Attorney and approved by the Department of Development Services prior to recordation of the parcel map. A parking management plan shall be incorporated into the CC&R's which addresses reciprocal and/or assigned parking. AYES: Evans, Krejci, Poe, Strange NOES: None ABSENT: Smith CONDITIONAL EXCEPTION NO. 86-39 Applicant: Robert L. Chick A request to permit the construction of a seven foot (71) high wall which encroaches five feet (51) into the fifteen foot (151) front yard setback. Subject property is located at 16811 Baruna Lane (West side of Baruna Lane approximately one hundred feet (1001) South of Kamalii Drive). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Daryl Smith arrived at the meeting at 1:40 P.M. Staff reported the project had been reviewed and evaluated and the premise of a wall six feet (61) high at the ten foot (10') setback would be acceptable because there are other similar walls in the area. Staff does not support the seven foot (71) height; however, Staff recommends approval of a six foot (61) high wall at the ten foot (10') setback with conditions applied. Les Evans asked if this request was not similar to a previous request in the area which had recently been appealed to and denied by the City Council. Staff replied it was but that particular fence had been illegally built without benefit of permits. Staff also stated he did not have much information on that request because he had not received clarification from the City Attorney's office. Staff further mentioned there were extenuating circumstances here because of the shape and size of the lot. Michael Strange asked if this was not a standard size lot without any other land related hardship, and Staff stated the side entry garage created a problem. -3- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 4 The Public Hearing was opened by Chairman Tom Poe. The applicant, Robert L. Chick, was present and said he had no comments or questions for the Board. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Upon questioning by Dennis Krejci, Staff replied the adjacent property owners had been notified and Staff had received no objections to the project. There was a discussion regarding other fence encroachments in the.area, and Daryl Smith expressed a concern that proper landscape screening be used. Mr. Chick stated, after being questioned, that he had shown his proposed plans to involved neighbors and he had previously submitted a letter signed by them giving their approval. UPON MOTION BY SMITH.AND.SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-39 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING.VOTE: FINDINGS FOR APPROVAL: 1. The establishment and maintenance of the six foot (61) high wall at a ten foot (10') front setback 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 conditional exception will not adversely affect the General Plan of the City of Huntington Beach. 3. 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. 4. The granting of a conditional exception -is necessary in order to preserve the enjoyment of one or more substantial property rights. 5. The granting of Conditional Exception No.. 86-39 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 8. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. -4- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 5 CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated June 2, 1986, shall be revised and resubmitted depicting the modifications described herein: a. Maximum height of the proposed wall shall be six feet (61) high. 2. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department except as noted by Conditional Exception No. 86-39. 3. 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. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-29 Applicant: The Kar Kare Company A request to permit a seasonal temporary parking lot. Subject property is located on the North side of Orange Avenue between Fifth Street and Sixth Street. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff mentioned this application was a follow-up entitlement to a request recently approved by the Board for a seasonal parking lot. A misinterpretation had occurred over the necessity for a Coastal Development Permit when the previous entitlement was approved and it was later determined to be necessary. The applicant applied for the permit so adjacent property owners needed to be notified. We have now received a letter from an owner objecting to this parking lot. It is a lot which will be used over only three weekends this summer - Memorial Day, Fourth of July, and Labor Day - and Staff is recommending approval with conditions. The Public Hearing was Company, was opened and Ed Bonanni, owner of Kar Kare present. Mr. Bonanni stated he was willing to work at -5- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 6 resolving problems to satisfy the adjacent property owners. The applicant replied, upon questioning, that the only hours the lot was unattended were between 12:00 Midnight and 4:00 A.M. Loretta Wolfe, 411 Sixth Street, was present to represent herself and other residents and spoke in objection to the lot. Ms. Wolfe stated the lot was not properly supervised at night, that drugged and drunk individuals parked overnight, there was an excess of trash and debris, and there was excessive noise throughout the day and night. She further stated she had contacted the Police Department on several occasions but the problems had not been resolved. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. Daryl Smith stated he had lived in the downtown area at one time and the situations could out get of control;.however, Mr. Smith felt an attended lot would,be an asset rather than a detriment in deterring problems of the nature mentioned by Ms. Wolfe., A general discussion followed concerning the problems -involved and the fact the City's Real Property Management Department did not wish to have the lot blocked by permanently installed barricades. Mr. Bonanni agreed to,hire a guard to patrol the area during the early hours morning and to provide better trash pickup. UPON MOTION BY SMITH AND SECOND BY POE, COASTAL DEVELOPMENT PERMIT NO. 86-20 WAS APPROVED WITH_THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed seasonal temporary parking lot 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 zoning requirements, the Downtown Specific Plan Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of operation, the proposed seasonal temporary parking lot can be provided with infrastructure in a manner that is consistent with the Coastal Element of the -General Plan. 4. The proposed seasonal temporary parking lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. -6- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 7 CONDITIONS OF APPROVAL: 1. The site plan, floor plan, and elevations dated June 18, 1986, shall be the approved layout. 2. All Conditions of Administrative Review No. 86-35 shall apply. 3. Provide Rainbow Company trash bins on site for clean up of the site every business day. 4. Provide a security guard for policing the parking lot after closing of the lot at 12:00 Midnight. AYES: Evans, Krejci, Poe,, Smith, Strange NOES: None ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-23 Applicant: Roger Wilson A request to permit a seasonal temporary parking lot. Subject property is located on the North side of Pacific Coast Highway between Ninth Street and Tenth Street. This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff reported this request was for a seasonal temporary parking lot which Staff thought was covered by a waiver for the Coastal Development Permit; however, it is required. This is a lot which is operated in the name of the Boy Scouts of America. Staff is'unaware of any problems on this project and is, therefore, recommending approval. The Public Hearing was opened and John Bushman was present to represent the applicant. Mr. Bushman stated he had no further comments for the Board. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. UPON MOTION BY POE AND SECOND BY EVANS, COASTAL DEVELOPMENT PERMIT NO. 86-23 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed seasonal temporary parking lot conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. -7- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 8 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the Downtown Specific Plan Zoning District, as well as other provisions of the.Huntington Beach Ordinance Code applicable to the property. 3. At the time of operation, the proposed seasonal temporary parking lot can be provided with infrastructure in,a manner that is consistent with the'Coastal Element of the General Plan. 4. The proposed seasonal temporary parking lot conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. An eight,foot.(81) wide public walkway easement exists abutting the rear of the property that was dedicated at the time of Tract Map approval of the entire subdivision. CONDITIONS OF APPROVAL: 1. The site plan, floor plan, and elevations dated June 27, 1986, shall be the approved layout. 2. All Conditions of Approval of Administrative Review No. 86-32 shall remain in effect. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 86-41 Applicant: Bill Maxey Toyota A request to permit the display of banners and pennants for a period of one hundred eighty (180) days (six months). Subject property is located at 18881 and 18921 Beach Boulevard (West side of Beach Boulevard approximately three hundred ten feet (3101) North of Garfield Avenue). This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. Staff stated this request was similar to others processed recently for display of flags, banners or pennants. The new Sign Code will allow the car dealerships to display such items for a period of six months. Staff has checked the site and is recommending approval with conditions. Michael Strange introduced the subject of a driveway and said he believed the Ordinance merchandise to be back of the setback area. truck might be in a fire lane and would need pick up truck in the Code required all He further stated the to be pushed back. L 1 -8- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 9 Dennis Krejci mentioned the fact this six (6) month period, if approval is granted, would extend into the calendar year of 1987. The applicant's representative, Tom Rasmussen, stated the truck could be moved back further on the lot. Daryl Smith said the banners should be securely fastened to avoid any future problems with wind blowing them down and the applicant assured the Board this would be done. UPON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 86-41 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The proposed banners and pennants shall be.limited to a period of six (6) months from date of approval. 2. Each banner and pennant shall be removed within one (1) day following termination of the promotion period. 3. Each banner and pennant shall be properly secured. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 86-44 Applicant: Norms Restaurant A request to permit the display of a banner sign for a period of time from July 16, 1986, to August 16, 1986 (thirty days). Subject property is located at 16572 Beach Boulevard (East side of Beach Boulevard approximately two hundred fifty feet (2501) South of Heil Avenue) . This request is covered by Categorical Exemption, Class 11, California Environmental Quality Act, 1984. According to Staff, this request is to maintain an existing banner advertising a meal special. It is quite large but securely fastened, and is up against the building. Commercial establishments can have such banners up for thirty (30) day periods for a total of ninety (90) days. Staff recommended approval with conditions. The applicant's representative, Jack Chillem, was present but had no questions or comments. -9- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 - Pa,ge 10 ' UPON MOTION BY KREJCI AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 86-44 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL 1. The proposed banner shall be limited to a period of one (1) month from date of approval. 2. The banner shall be removed within one (1) day following termination of the promotion period. 3. The banner shall be properly secu'red.- AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS: Applicant: Charles H. Bollman A request to permit an -,Extension -of Time for Administrative Review No. 84-48 for a period of one (1) year. Subject property is located at 7151 Garfield Avenue (North side of Garfield.Avenue approximately two hundred twenty-five feet (2251) East of Stewart Street). According to Staff, the subject application was originally approved on July_18, 1984, and an extension was granted on July 24, 1985. The applicant is in plan check at present and -is requesting a further extension. Staff has checked it out and is recommending approval of the request. Daryl Smith asked about the site improvements and there was a discussion relative to that subject.,. The applicant, Charles H. Bollman, was present and had no comments to the Board. UPON MOTION BY SMITH AND SECOND BY STRANGE, ADMINISTRATIVE REVIEW NO. 84-48 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. All Conditions of Approval of previously approved Administrative Review No. 84-48 shall remain in effect. AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None -10- 7/16/86 - BZA Minutes, H. B. Board of Zoning Adjustments July 16, 1986 Page 11 There was no further business to be presented to the Board for their review. UPON MOTION BY SMITH AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, JULY 21, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Strange NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (5779d ) -11- 7/16/86 - BZA