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HomeMy WebLinkAbout1986-08-20MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, AUGUST 20, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Cranmer, Crosby, Godfrey, Poe, Smith STAFF MEMBERS PRESENT: Franklin, Folger MINUTES: UPON MOTION BY POE AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF AUGUST 13, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Cranmer, Crosby REGULAR AGENDA ITEMS: USE PERMIT NO. 85-29 (Cont. from 8/6/86) Applicant: Pacific Coast Corporation A request to permit an 113,000 Square Foot mini -storage facility. Subject property is located on the North side -of Center Street East of Gothard Street and adjacent to SPPR right-of-way. lust This request is covered by Negative Declaration No. 85-15. Staff member, Robert Franklin, stated this item had been continued several times and the applicant had waived the mandatory processing time. The applicant has submitted a letter requesting another thirty (30) day continuance and Staff is supporting the request. Glen Godfrey asked Staff if he was positive the applicant would be ready to have the request considered in another thirty (30) days. Staff replied he was not sure since Scott Hess had been handling the project and had been unable to attend the meeting. Mr. Godfrey said he would move for Tabling the project with the stipulation the adjacent property owners be renotified for a new Public Hearing with a time specific. Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 2 UPON MOTION BY GODFREY AND SECOND BY SMITH, USE PERMIT NO. 85-29 WAS TABLED, BY THE FOLLOWING VOTE: AYES: Cranmer, Crosby, Godfrey, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-54 (Cont. from 8/13/86) Applicant: Joseph Walthour A request to allow a portion of two (2) major retail tenants to be calculated as warehouse (one parking space per 1,000 Square Feet of floor area) in lieu of retail (one parking space per 200 Square Feet of floor area). Subject property is located in the Albertson's Center - Northeast corner of Golden West Street and ►garner Avenue. This request is covered by Negative Declaration No. 81-,6. Staff said adjacent property owners had been notified of the proposed change; however, the only comment received had been at the previous meeting and Staff had alleviated the individual's concerns by an in-depth explanation of the proposed project. Staff further stated the change in calculation of the parking spaces was to allow two (2) small restaurant operations to be added to the shopping center. Staff explained that, by calculating the square footage on the inside rather than outside dimensions of the two major buildings in the center (Albertson's and Sav-On Drugs), there would be a four percent (4%) increase in the parking spaces (22 spaces). Based on this information, Staff recommended approval with conditions. There was an extended discussion relative to the recalculation of this square footage and the fact some warehousing space had been allowed in the original approval. There was also a discussion relative to inclusion of compact parking spaces. Daryl Smith expressed extreme concern over the unused parking stalls in the rear of the buildings. Mr. Smith said that he recalled discussions during the original approval, and in subsequent Site Plan Amendments, requesting that the tenants utilize those parking spaces for employee parking. Staff replied he had researched the previous files but did not find any such information. Mr. Smith stated he would want a Parking Management Plan stipulating such parking arrangements in the event this request was approved by the Board, that the applicant's organization be responsible for enforcing such plan, and that the applicant submit a copy of such plan to the City for monitoring by the Land Use Division. The Public Hearing had remained open and Chairman Tom Poe asked if the applicant was present. Joseph T. Walthour, the applicant, was present and Mr. Walthour said Staff had worked with him to resolve -2- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 3 the parking deficiency in order to permit these two (2) small restaurants. Mr. Walthour explained the center was about eighty-five percent (85%) leased so the parking should really not be a problem; however, Mr. Walthour agreed to the stipulation of the Parking Management Plan. Mr. Walthour further explained he had an outside management company to supervise and lease the shopping center. 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. 86-54 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment and maintenance of the proposed designation of one (1) parking space per 1,000 Square Feet of gross floor area for the warehouse portions of the two (2) major tenants (Albertson s and Sav-On Drugs) 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 Conditional Exception No. 86-54 is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 86-54 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of Conditional Exception No. 86-54 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 14, 1986, shall be the approved layout. 2. The applicant shall submit a Management Parking Plan which shall include a requirement that employees of the tenants park in the rear parking areas and which shall be subject to approval of the Department of Development Services.- The -3- 8/20/86 - BZA Minutes, H. B. Board August 20, 1986 Page 4 of Zoning Adjustments Management Parking Plan shall be enforced by the applicant and monitored by the Land Use Division of the City of Huntington Beach. 3. Prior to issuance of building permits the applicant shall' restripe the parking lot so that it conforms to the provisions of Article 960 of the Huntington Beach Ordinance Code. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. 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. AYES: Cranmer, Crosby, Poe, Smith NOES: Godfrey ABSENT: None Mr. Godfrey stated his "NO" vote was because the addition of restaurants and/or "fast food" establishments can only increase the parking demand'and'cause problems in the future. SITE PLAN AMENDMENT NO. 86-10 (Cont. from 8/13/86) Applicant: Business Properties A request to permit a change from twenty-three foot (231) side yard setback to eighteen foot (181) side,.yard setback for a proposed 10,500 Square Foot building which was previously approved by Use Permit No. 75-61 (Code requires.ten foot-(10.',) side,.yard setback). Subject property is located on the,Southeast corner.Aof Brookhurst Street and Adams Avenue. ;;- ;• This request is covered by Negative -Declaration- No., 75-61. Staff reported the request had been continued from the previous meeting and was for an adjustment to a.previously'approved shopping center. The pad has been vacant for several.years'and needs -to be elevated to conform with the new flood control requirements for the area. A Site Plan Amendment does not require a Public Hearing; however, because of prior problems at, this shopping center site, it was determined that the adjacent property,ow_ners,should be notified. Staff stated he had met with the property, owners in an effort to alleviate their concerns and.he -felt the problems had been covered by conditions which were -recommended for,the project. `Staff reminded the Board the hearing had remained,open'from the previous meeting. Staff recommended approval with conditions. -4- 8/20/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page. 5 There was a discussion relative to the previous approval and Daryl Smith expressed definite concerns about the landscaping, especially at the rear of the proposed building pad. Mr. Smith mentioned the types of trees he would like used for screening the adjacent properties from the center, along with the existing wall. The height of the wall was also a point of discussion. The Chairman declared the hearing still open and asked if the applicant was present. Joseph T. Walthour was present to represent the applicant. Mr. Walthour explained the necessity for raising the pad since this was an older center and the pad was two feet (21) below the flood plain. He further explained the necessity of meeting Government and insurance company requirements for the location. Mr. Walthour also reminded the Board the wall was fairly new and he would rather not have to rebuild it. Glen Godfrey stated a letter had been received that day by his office and asked that it be read into the Minutes. The letter is as follows: "Mr. Glen Godfrey Board of Zoning Adjustments P. 0. Box 190 Huntington Beach, CA., 92646 August 19, 1986 RE: Site plan amendment #86-10, requested by Business Properties Dear sir, As a-15 year resident of Huntington Beach, and as a concerned citizen that lives adjacent to this property, we strongly oppose any further developement (sic) of this site until the property owners correct all of the conditions (but not limited to) listed below: 1. A security guard should be provided on site from the hours of dusk until dawn to patrol all of the parking areas to control all existing problems such as overnight parking, drunkeness (sic), routiness (sic) from pizza parlor patrons, and night baseball in the lot behind Albertson's. 2. Overnite parking and staging for Tour Buses in lot behind Albertson's. 3. Drag racing in lot and alley behind Albertson's. 4. Freight truck deliveries should be banned between the hours of 10:00 p.m. and 7:00 a.m. 5. Trash compactors should be installed to eliminate unsanitary conditions and noisy trash truck pick-up six days a week.- -5- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 6 6. A current notice should be mailed to neighbors providing the security guards mobile telephone number to allow disturbances to be reported to him instead of the Huntington Beach Police Dept. For your records our address and phone number are as follows: Dale and Cynthia Menke 20182 Tanbark Cr. Huntington Beach, Ca., 92646 Work phone (714) 557-0922 Thank you for your concern. Yours truly, /s/ D. S. Menke Dale Menke" There was no one else present wishing to speak for or against the project so the hearing was closed. UPON MOTION BY POE AND SECOND BY CRANMER, SITE PLAN AMENDMENT NO. 86-10 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated July 2, 1986, shall be the approved layout, with the following modifications: a. Applicant shall provide a new six foot W ) high wall along the East property line (or add two or three courses of compatible blocks to existing wall). . b. Trash enclosure shall be provided away from R1 property and closer to the existing trash enclosure for the nearby retail building. c. Provide gates between both ends of the proposed building and the wall along the East property line subject to approval of the Fire Department. 2. Prior to issuance of building permits, the applicant shall submit the following plans: r, -6- 8/20/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments' August 20, 1986 Page 7 a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. Provide plants which will pleach along the East property line adjacent to block wall . Twenty-four inch (24") box size trees shall be planted approximately twenty-five feet (251) on center along the wall adjacent to the middle of the proposed building. The existing trees shall remain in place. 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. 3. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 4. Proposed structures shall be architecturally compatible with existing structures. 5. Natural gas shall be stubbed in.at the locations of cooking facilities, water heaters, and central heating units. 6. Low -volume heads shall be used on all spigots and water faucets. 7. 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. 8. 'If lighting is included in the parking lot, high-pressure lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 10. No major restaurants or night clubs shall be permitted. 11. No twenty-four (24) hour operations shall be permitted. 12. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 86-10 if any violation of these conditions of the Huntington Beach Ordinance occurs. 13. All other Conditions of Approval of previously -approved Site Plan Amendment No. 84-13 and Use Permit No. 75-61 shall remain in effect. -7- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 8 INFORMATION ON SPECIFIC CODE REQUIREMENTS: , 1. The development shall comply with all applicable,provisions of the Ordinance Code, Building Division, and Fire.Department. 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. All signs shall be brought into compliance with Article 961 of the Huntington Beach Ordinance -Code, All -freestanding signage shall be low -profile, monument type.:, . ,- 4. All applicable Public Works fees shall be,paid,prior,to, issuance of building permits. AYES: Cranmer;'Crosby, Godfrey, Poe,,Smith NOES: 'None ABSENT: None CONDITIONAL EXCEPTION NO. 86-59 Applicant: Thomas L. Jacobs/J & R Builders A request to -permit a second story side yard,,encroachment of two feet (21) into a required five foot (5') side yard setback. Subject property is located at-502 Fourteenth,Street .(Northeast,cornpr of Fourteenth Street and Pecan Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984._, . , -, _, :- ; 4- Staff informed the Board the applicant,was,requesting-a-vari,ance'to provide usable floor area in the upper floors.;_ There is an abandoned oil well on the site and the Fire Department has asked for a si.x foot (61) clearance around the area. This clearance has caused the building to be shifted four feet (41) in the front. A five foot (51) side yard setback is required -and the ground level will maintain that footage; however, -the second level,will encroach two feet (21). The Director of Development Services has approved the open space arrangement. Staff recommends approval of the request with conditions. Daryl Smith asked that the Findings be altered to reflect that special circumstances exist because of the hardship created by the abandoned oil well. Glen Godfrey requested a condition be added that -no future additional square.footage or third floors be allowed on this structure. -8- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 9 The Public Hearing was opened and Robert Reed, J & R Builders, was present to represent the applicant. Mr. Reed reiterated Staff's statements concerning the project and requested approval. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. IONAL UPON MOTIONOND BY FOLLOWINGYAMENDEDTFINDINGSCION SMITH AND N0. 86 CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment and maintenance of the proposed two foot (21) encroachment into the five foot (51) side yard setback will not be detrimental to: a. The general welfare of persons residing or we king in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. Because of special circumstances (an abandoned oil well) 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. 3. The granting of Conditional Exception No. 86-59 is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 86-59 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 14, 1986, shall be the approved layout. 2. No future additions in height or expanded floor area shall be allowed. 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. -9- 8/20/86 - BZA Minutes, H. B.-Board of Zoning Adjustments August 20, 1986 Page 10 5. All building spoils,,such as unusable lumber,,,,wi,re, 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. 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 .uni - t., 1,0, C INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development.shall.comply with all applicable provisions of the-Ordinance•Code,�Building Division,,,and Fire De-artment. 2. All applicable , Public: Works,, fees • shall ,be. ;paid prior ; to. issuance of building permits. AYES: Cranmer., Crosby, Godfrey, Poe, Smith,,,-,, NOES: None ,; Y : ! .. 11,<< 'I! ABSENT: None CONDITIONAL EXCEPTION NO. 86-58 Applicant: .:Falzon -Construction,.. Inc. . ,. : , r , A request to permit the reduction:.of.an:exis.ting driveway to fifteen feet (151) in lieu of twenty-two feet (221) for a proposed two (2) car garage.. Subject .property - is : located .at 61,51 Kimberly. Drive (Northwest corner of Capetown Lane,and Kimberly•Dr.ive).:.,. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff reported the request was for reduction of an existing driveway to permit conversion of the'garage into.a-recreation room and construction of an addition to a single family residence. Staff has researched the area and files and found the,tract was, -established in 1953 with side entry garages as well as front entry garages. Staff has evaluated the project and is recommending a,minimum twenty foot (201) driveway at this location-- or -shifting the driveway to another location off Capetown Lane.. Based on.,this situation, Staff recommended approval with conditions. The Public Hearing was opened and the applicant, Paui.Falzon, was present. Mr. Falzon stated they had intended to use a roll -up type garage door and explained to the Board how the door could be inset to allow additional driveway space. Mr. Falzon further stated a variance to seventeen feet (171) would be acceptable. -10- 8/20/86 - BZA Minutes, H. B. Board August 20, 1986 Page 11 of Zoning Adjustments Daryl Smith inquired about the existing wall and asked if the applicant would be willing to offset it by ten feet (101) to allow better visibility. Mr. Falzon agreed to this stipulation, as well as additional landscaping which Mr. Smith requested. There was no one else present wishing to speak so the Public Hearing was closed. A discussion followed relative to Mr. Falzon's suggestions for changing the garage door and also relative to Staff's recommendation for relocation of the driveway. Ross Cranmer stated the interior of the garage was already a minimum size and that moving the garage over would only buy two feet (21) to make the driveway a total of seventeen feet (17'). UPON MOTION BY SMITH AND SECOND BY GODFREY, CONDITIONAL ]XCEPTION NO. 86-58 WAS APPROVED AS AMENDED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment and maintenance of the reduced driveway approach from twenty-two feet (22') to seventeen feet (17') or more 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. c. Parking for the residence since this property is a corner lot and five (5) to six (6) cars can park on the street at this residence. 2. Granting of reduction of driveway length will not create an unsafe backing condition due to the relocation of an existing block wall to allow for the sight distance necessary to see oncoming traffic and walkway users. 3. Because the existing driveway is being utilized as the new driveway for proposed construction, special circumstances are applicable to the subject property relative to size, shape, location, and surroundings of the lot and existing residence, and the strict application of the ordinance is found to deprive the subject property of privileges enjoyed by others. 4. The granting of Conditional Exception No. 86-58 is necessary in order to preserve the enjoyment of one or more substantial property rights, including the property lawn/landscape which can be maintained in place. -11- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 12 5. The granting of Conditional Exception No. 86-58 will not.be materially,detrimental to the public welfareor:injurious`to property in the same zone" classi.fications., ,,... . 6. The alternative location,of the driveway could create additional backing movement conditions which could be unsafe due to the fact that subject property is a:corner:.lot and the alternative to proposed existing driveway wqul,d.place it�rirght on the .r,adius. curb return- of the `cor`ner. SPECIAL CONDITIONS OF APPROVAL: 1. The site -plan, floor plans, and elevations-.received.and�dated July 28, 1986..shall"be-revised and'.resubmitted depicting the modifications described -herein``:" a. Indicate a minimum seventeen foot,(lV );,pixeat 3riveway b. Pr,ovide:automatic roll -up door(s) C. Relocate existing wall"'ten�. 'feet to accommo''date the ten foot (10').,corner cut-off 2. The proposed addition shall be,'arch,itec,turally_compatible.-with existing structure. 3. "Natural. gas ;shall -be �stubbec�`'in' at the, V t , s:.E ) L_ 9 "locatigns;•.of•,cooking facilities; .water, heaters; and"ceritral`heating units. 4. Low -volume heads shall be used on all,spi,ggts:and water `faucets. 5. All building spoils, such as unusable slumber, wire',"pipe, and .,other surplus or unusable material, shall be disposed of at an ,off -site facility equipped to handle them.,-, .. 6. "Prior to issuance of building permits, the property ownery 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all appl.icable.provisions'of the Ordinance Code, Building-Divis"ion,'Fire Department,'and Department.of Public Works. 2. If foil -type insulation is'to`be used, a fire retardant type shall be installed as"approved by"the Building Division. -12- 8/20/86 - BZA '.1 Minutes, H. B. Board August 20, 1986 Page 13 of Zoning Adjustments 3. All applicable Public Works fees shall be paid prior to issuance of building permits. AYES: Crosby, Godfrey, Poe, Smith NOES: Cranmer ABSENT: None CONDITIONAL EXCEPTION NO. 86-61 Applicant: Falzon Construction, Inc. A request to permit the reduction of an existing driveway to twenty feet (201) in lieu of twenty-two feet (221) for a proposed seven hundred (700) Square Foot addition. Subject property is located at 17102 Courtney Lane (East side of Courtney Lane approximately four hundred twenty-five feet (4251) North of Westport Drive). This request is covered by Categorical Exemption, Class 5,; California Environmental Quality Act, 1984: Staff reported the request was to reduce an existing driveway to twenty feet (201) to allow construction of a proposed addition to a single family residence. Staff reminded the Board there were many residences in the Huntington Harbour area with similar variances which were either allowed under the original construction or granted by the Board at a later date'. Staff stated the applicant had agreed to install a roll -up type door, and Staff recommended approval with conditions. The Public Hearing was opened by Chairman Poe'and the applicant, Paul Falzon, was present. Mr. Falzon agreed to the conditions as presented. 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 GODFREY, CONDITIONAL EXCEPTION NO. 86-61 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: , FINDINGS FOR APPROVAL: 1. The establishment and maintenance of the proposed twenty foot (201) driveway in lieu of twenty-two feet (221) 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. -13- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 14 2. 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. 3. The granting of Conditional Exception No. 86-61 is necessary in order to preserve the enjoyment of one or more substantial property rights. 4. The granting of Conditional Exception No. 86-61 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of Conditional Exception No. 86-61 will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 5, 1986, shall be the approved layout. 2. Automatic roll -up doors shall be provided at the garage door openings. 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. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. -14- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 15 3. All applicable Public Works fees shall be paid prior to issuance of building permits. AYES: Cranmer, Crosby, Godfrey, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-55 Applicant: Nick Radogna A request to permit the enclosure of an existing two hundred fifty (250) Square Foot patio area. Subject property is located at 15941 Edwards Street (West side of Edwards Street approximately one hundred fifty feet (1501) North of Edinger Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. According to Staff, the request is for enclosure of a patio area on an existing restaurant. Staff stated he had analyzed the plan submitted by the applicant and would recommend modifications in the layout. Staff itemized his suggestions and recommended approval with conditions. The Public Hearing was opened and the applicant, Nick Radogna, was present. Mr. Radogna stated he leased the property and was investing his own money even though he did not own it. Mr. Radogna further stated Staff's suggestions were very extensive for such a small project, and he might have to abandon it - that all he had wanted to do was beautify the property and provide additional enclosed eating space. Upon questioning by Tom Poe, Mr. Radogna stated the front entry would be closed off and they would utilize the side entry. There was also a discussion about the roof tile and closing in the parapet area of the facade. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith stated he did not feel that closing in the parapet area would be necessary. UPON MOTION BY SMITH AND SECOND BY CRANMER, USE PERMIT NO. 86-55 WAS APPROVED AS AMENDED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the proposed enclosure of approximately two hundred fifty (250) Square Feet of patio area will not be detrimental to: -15- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 , Page 16 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. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and floor plans received and dated July 15, 1986, shall be revised and resubmitted depicting the modifications described herein: a. Indicate minimum twenty foot (201) drive aisle between parking spaces and existing building b. Provide additional landscaping along the North and a portion of the South property line c. Landscape curb shall replace wheel stops. 2. Proposed elevations shall be the approved layout. 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. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 5. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 6. All signs shall be brought into compliance with Article 960 of the Huntington Beach Ordinance Code. Freestanding sign shall be prohibited. -16- 8/20/86 - BZA, Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 17 7. Proposed addition shall be architecturally compatible with existing structure. 8. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. 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. 11. If lighting is included in the parking lot, high-pressure lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 12. The subject property shall enter into irrevocable �ciprocal driveway and parking easement(s) between the subject site and adjacent properties. 13. The Board of Zoning Adjustments reserves the right to revoke this Use Permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 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. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 4. All applicable Public Works fees shall be paid prior to issuance of building permits. AYES: Cranmer, Crosby, Godfrey, Poe, Smith NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-313 Applicant: Pete Gray A request to consolidate two (2) parcels into one (1) parcel. Subject property is located at 7542-7552 Warner Avenue (South side of Warner Avenue approximately three hundred forty-five feet (3451) West of Nichols Street). -17- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 18 This request is covered by Categorical Exemption,,Class 51 California Environmental Quality Act, 1984. Staff explained the request was to eliminate an existing lot line and that all dedications have been made. The applicant is presently pursuing a building permit and this lot line has to be eliminated so the applicant can obtain the permit. Staff recommended approval of the request with Findings and Conditions for a Waiver of the Final" Map. The applicant, Pete Gray, was present and agreed to the conditions as presented by Staff. UPON MOTION BY SMITH AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO-86-313 (WAIVER) WAS APPROVED WITH THE FOLLOWING rINDINGS 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. 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 August 1, 1986, shall be the approved layout (with the amendments as noted thereon). -. 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. AYES: Cranmer, Crosby, Godfrey, Poe, Smith NOES: None ABSENT: None -18- 8/20/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 19 MISCELLANEOUS AGENDA ITEMS - CONDITIONAL EXCEPTION NO. 86-41 Applicant: Diversified Sho ing Centers A request for review of a Development Phasing Plan in lieu of compliance with Conditions of Approval as imposed on July 9, 1986. Subject property is located at 5812-5942.Edinger Avenue (Southwest corner of Edinger Avenue and Springdale Street). Staff explained the applicant had presented a two (2) part Phasing Plan for their project which was approved by the Board in July. This request was to allow the applicant sufficient time to meet the conditions since they are encountering leasing problems with the major tenants. Staff presented the plans for Phase I and Phase II of the proposal and Staff recommended approval of the request with amended conditions. There was an extensive discussion about landscaping, re_3cation of fire hydrants to meet Fire Department regulations, interior traffic circulation in the center, parking spaces, and expansion of Von's Market. The applicant's representative, Jeff Wood, was present. Mr. Wood explained background information relative to the property and how his company had become involved with renovation of the project. He reiterated Staff's statements regarding the tenants and further explained they were not renewing some of the leases as they expired. Mr. Wood stated his company wished to update the shops and install sprinkler systems, etc., and they could do this best without tenants present. There were further discussions relative to the Phasing Plans for the suggested changes and alterations, including signs, sprinklering of the buildings, restriping the parking lot, etc. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-41 (PHASING PLAN) WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONAL EXCEPTION NO. 86-41 (PHASING PLAN) Listed below are items to be completed under Phase I: PHASE I 1. Exterior canopy modification to Von's, Shop Building No. 1, Shop Building No. 2, Sav-On's, and Security Pacific Bank. 2.' Parking addition in front of Shop Building No. 1. -19- -8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 20 3. All hardscape to -existing sidewalk, including,new,landscaping. 4. Painting the rear of Von's, Shop Building No. 1, Shop Building No. 2, Sav-On's, and Security Pacific Bank.. 5. Revising rear parking, trash enclosures, fire hydrants, and landscaping. I i„ 6. Restripe.front parking to match existing, including directional arrows, fire lanes, and speed bumps. 7. Providing automatic sprinkler system for Shop Building No. 1, Shop Building No. 2, and Security,Pacif,ic Bank:, 8. Tenant improvement modifications to nine (9).ex-sting shops (currently vacant). 9. Reroofing of existing buildings. f;..- .. 10. Replacing of some air conditioning units. 11. Addition of,new fire hydrants,in main,.parking.lot .if required by the City. -,location .to be.coordinated with existing parking layout and subject to approval of the Fire Department and Department of Development,Services. 12. Replacement and upgrade of existing perimeter- landscape,to coincide as much as possible with ultimate plan - provide turf and trees subject to Landscape Division requirements. 13. Von's expansion (fully sprinklered) per -approval of Use Permit No. 85-30). SPECIAL CONDITIONS OF APPROVAL FOR PHASE -I: 1. The site plans received and dated August 13, 1986, shall be the approved layout. 2. 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..- -20- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 21 3. Special architectural treatment shall be provided on the rear building walls. Such treatment is subject to approval by the Department of Development Services. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 5. Low -volume heads shall be used on all spigots and water faucets. 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. If additional lighting is included in the parking -Lot, high-pressure lamps shall be used for energy savings. _All outside lighting shall be directed to prevent "spi'lage" onto adjacent properties. 8. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. A Parking Management Plan shall be submitted and approved by the Department of Development Services prior to final inspection of tenant improvements. 3. A planned sign program shall be approved prior to issuance of the first sign permit for all signing within the commercial center pursuant to Article 961 of the Huntington Beach Ordinance Code. The major existing, freestanding signs shall be removed and replaced with ground signs as part of a Planned Sign Program. 4. Service roads and•fire lanes, as determined by the Fire Department, shall be posted and marked. 5. 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. 6. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 7. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. -21- 8/20/86 -,BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 22 8. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 9. Prior to final inspection, the applicant shall restripe the parking lot so that it conforms to the provisions of Article 960 of the Huntington Beach Ordinance Code. 10. All applicable Public Works fees shall be paid prior to issuance of building permits. Listed below are items to be completed under Phase II: PHASE II 1. Revising parking in front portion of site to meet City requirements. 2. Adding landscaping to meet City requirements. 3. Adding twenty-four foot (241) drive with throat to meet City requirements. 4. Close off existing drive adjacent to Security Pacific Bank. 5. Adding Shop Building No. 3 (fully sprinklered). 6. Adding Sav-On's expansion (fully sprinklered). 7. Remodeling Winchell's in conjunction with Shop Building No. 3 (including the addition of an automatic sprinkler system). 8. Relocating existing drive North of Cal Fed off Springdale Street. 9. Relocating Fotomat per plan dated August 13, 1986. 10. Relocating hydrants if required to conform to new parking layout and subject to approval of the Fire Department and Department of Development Services. SPECIAL CONDITIONS OF APPROVAL FOR PHASE II: 1. The site plan received and dated August 13, 1986, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: -22- 8/20/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 23 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. 3. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 4. Proposed structures shall be architecturally compatible with existing structures. 5. Natural gas shall be stubbed in at the locations r cooking facilities, water heaters, and central heating uni_s. 6. Low -volume heads shall be used on all spigots and water faucets. 7. 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. 8. If additional lighting is included in the parking lot, high-pressure lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 3. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 4. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 5. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 6. 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. -23- 8/20/86 - BZA Minutes, H. B. Board of Zoning Adjustments August 20, 1986 Page 24 7. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 8. Prior to final inspection, the applicant shall restripe the parking lot so that it conforms to the provisions of Article 960 of the Huntington Beach Ordinance Code. 9. The applicant shall meet all applicable local,'State, and Federal Fire Codes, Ordinances, and standards. 10. All applicable Public Works fees shall be paid prior to, issuance of building permits. AYES: Cranmer, Crosby, Poe, Smith NOES: Godfrey ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY CRANMER AND SECOND BY CROSBY, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, AUGUST 25, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Cranmer, Crosby, Godfrey, Poe-, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (6047d) -24- 8/20/86 - BZA