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HomeMy WebLinkAbout1986-09-241 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 24, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejcit Poe, Smith STAFF MEMBERS PRESENT: Franklin MINUTES: UPON MOTION BY EVANS AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF SEPTEMBER 17, 1986; WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Godfrey REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-63 Applicant: Aluma-Kool A request to permit the reduction of the required minimum open space dimension of twenty feet (201) to eleven feet U P ) and twelve feet (121.). Subject property is located at 10472 Kamuela Drive (South side of Kamuela Drive approximately three hundred twenty-five feet (325') East of Tobago Lane). This request is covered by Categorical Exemption; Class 5. California Environmental Quality Act, 1984. Staff member, Robert Franklin, reported the request is to reduce the minimum dimensions of the open space area for a proposed addition to a single family dwelling. With this configuration, there would be a deficiency in the minimum requirements. Staff could not recommend more of a reduction than a fifteen foot (15') minimum. Therefore, Staff -,'is recommending Denial but does have an alternate set of conditions for approval if the Board so desires. The Public Hearing was opened by Chairman Tom Poe and the applicant's representative, Art Zibowsky, was present. Mr. Zibowsky stated the owner, Chuong Nguyen, was at the meeting and requested that Staff explain the alternate plan to which he had referred. Staff explained that, under some circumstances,- a cul-de-sac Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 2 location could be considered a land -related hardship. Staff further stated that anything less than a fifteen -foot area would not be desirable - that they usually strive for a twenty -foot space. There was a discussion, initiated by Daryl Smith, relative to constructing a forty-two inch (42") high wall but Staff explained that could not be done. Mr. Smith asked Staff to read the alternate conditions for approval. Glen Godfrey said.he would be opposed to the proposal because the patio enclosure could be cut back to meet the open space requirement. Mr. Godfrey also asked that, if the Board should decide to approve the request, the property owner file the "Letter of.Agreement" to maintain the unit as a single family dwelling. MOTION WAS MADE BY SMITH AND SECONDED BY POE FOR APPROVAL OF CONDITIONAL EXCEPTION NO. 86-63 WITH FINDINGS AND CONDITIONS AS PRESENTED BY STAFF. MOTION FAILED TO CARRY BY THE FOLLOWING VOTE: AYES: Poe, Smith NOES: Evans, Godfrey, Krejci ABSENT: None MOTION WAS MADE BY EVANS AND SECONDED BY KREJCI FOR DENIAL OF CONDITIONAL'EXCEPTION NO. 86-63 WITH FINDINGS PRESENTED BY STAFF. MOTION FAILED TO CARRY BY THE FOLLOWING VOTE: AYES: Evans, Krejci NOES: Godfrey, Poe, Smith ABSENT: None UPON MOTION BY GODFREY AND SECOND BY KREJCI, CONDITIONAL EXCEPTION NO. 86-63 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS THAT A MODIFIED SITE PLAN BE SUBMITTED PROVIDING A FIFTEEN -FOOT SIDE YARD CLEARANCE ON THE EAST SIDE, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension will not reduce the required total open space area (900 Square Feet). 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 a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. -2- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 3 4. The granting of Conditional Exception No. 86-63 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 5. The granting of the Conditional Exception will not adversely affect the General Plan of the City of Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and floor plans dated August 27, 1986, shall be revised and resubmitted to indicate the following modifications: a. Minimum fifteen foot (151) side yard setback clearance on the East side of the property. b. Indicate patio room addition. 2. 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. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-68 Applicant: Corona Development Company, Inc A request to permit the inclusion of side yard setback areas as recreation open space. Subject property is locatad at 7916 Stark Avenue (South side of Stark Avenue approximately three hundred twenty-five feet (3251) West of Beach Boulevard). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. Staff explained this Conditional Exception was required because the plan was approved under the prior Code which allowed R-2 developments to consider side yards for open space requirements. -3- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 4 Staff further stated there were numerous residences in the immediate area which have this existing situation and,Staff does not feel it will be detrimental to the area. Staff recommended'approvallof the request with conditions. The•Public Hearing was opened and Robert Corona, the applicant, was present. Mr. Corona explained the owner of the property had been on vacation at the time of the previous Administrative Review approval. Mr. -Corona further explained he had -not had the owner's authority to spend the money necessary to pull building permits at that time. There was no one -else present wishing to speak for -or -against the project so the Public Hearing was closed:.. UPON MOTION BY KREJCI AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-68 WAS -APPROVED WITH THE -FOLLOWING FINDINGS AND CONDITIONS, BY -THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Granting of reduction in open space minimum dimension and _minimum'open'_space area will not reduce the required total open space area (900 Square Feet). 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 a Conditional Exception is necessary in order to preserve -the enjoyment of one -or more-6tibstantial property rights: 4. The granting of Conditional Exception-No.'86-68 will•riot'be materially -detrimental to the public welfare, --or injurious,to -property.in the same zone -classifications:.- 5.= The granting of the Conditional Exception -will -not adversely affect the -General Plan of the City of -Huntington Beach. SPECIAL CONDITIONS OF APPROVAL: J. The site plan, floor plans, and elevations'received and dated 'September 8r 1986, shall be the -approved layout. -4- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 5 2. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 3. All . previous conditions of Use Permit No. 86-23 and Use Permit No. 86-24 shall remain in effect. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-70 Applicant: Kevin C. Kelter A request to permit a thirty-foot (301) encroachment into a required thirty-foot (30 ) side yard setback (zero foot (0') side yard setback) for a distance of forty feet (401) in length. Subject property is located at 5326 Oceanus Drive (South side of Oceanus Drive approximately eight hundred feet (800') West of Graham Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. According to Staff, the request is to encroach within a thirty-foot (301) side yard setback for a distance of forty feet (401). Staff has reviewed the project and analyzed the area. There are other buildings in the immediate area to the West with the same situation and Staff did not feel this configuration would be detrimental to the area. Staff further explained the Architect had misinterpreted the Code and the error had not originally been caught in plan checking. Consequently, the applicant had proceeded with working drawings. This is the last build out in the area and Staff recommends approval of the request. r Staff had presented photographs of the area to the Board and thee required for the building. was a general discussion relative to development of the area. During the discussion, Tom Poe stated that fire sprinklers would be Daryl Smith mentioned the eucalyptus trees but it was determined the applicant would not be required to retain them. The Public Hearing was opened and the applicant, Kevin C. Kelter, was present. Mr. Kelter stated the building would be the "best on the block". Daryl Smith inquired about the architectural treatment and Mr. Kelter elaborated on the colors, type of material, etc. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. -5- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 6 UPON MOTION BY SMITH AND SECOND BY GODFREY, CONDITIONAL EXCEPTION NO.'86-70 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE -FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. Because of special circumstances applicable to the subject property, including size, shape, 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. 2. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of, Conditional Exception No. 86-70-will,not be materially detrimental to the public welfare ,.or. -injurious to property in the same zone classifications. 4. The granting of, the Conditional Exception will not adversely r affect the_Geneal Plan of the City of Huntington Beach, SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated September 8,--1986, shall -be the approved layout. 2. An automatic fire sprinkler system shall,be approved and; installed pursuant to Fire Department regulations. 3. .All previous conditions 'of *Administrative Review No. 86-36 ,._shall remain in effect. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: - -None ABSENT: "None USE PERMIT NO. 86-65 Applicant: John Lee Construction Com any A request to permit the construction of a four (4) unit apartment project which will be located over one hundred fifty feet (1501) from Newman -Avenue. Subject property is located at 7872 Newman Avenue (South side of Newman Avenue approximately four hundred seventy-five feet (4751) West of Beach Boulevard). This request is covered by Categorical Exemption, Class 3, California Environmental Quality Act, 1984. -6- 9/24/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments September 24, 1986- Page 7 Staff explained the Use Permit was necessary because a portion of the building would be more than one hundred fifty feet (150') from Newman Avenue and the project would need special fire protection specifications. Staff also stated adjacent property owners had concerns relative to drainage of the lot so water would not be directed onto their property. Staff said the plans indicated water would not drain onto the property in question; however, the neighbors are present so the Board can discuss the situation with them. Staff recommended approval of the project with conditions. Upon questioning by Glen Godfrey, the plans for water drainage, but of the adjacent property owners. Les Evans stated he had reviewed he would like to hear the concerns The Public Hearing was opened and the applicant's representative, Bill Perkins, was present. Mr. Perkins explained the drainage procedure to the Board and assured them water would not be directed onto the adjacent property. Leo "Bud" Hannon and his wife were present. Mr. Hannon explained they owned the property to the East and had definite concerns relative to the drainage patterns. Mr. Hannon further stated the project appeared to be a nice one and he approved of it as long as the drainage could be controlled. Les Evans asked that a condition be added to assure proper grading for drainage away from adjacent properties and onto the applicant's lot. Glen Godfrey asked for a condition requiring construction of a six foot (61) high concrete block wall along the common property line. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 86-65 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 use 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 Use Permit will not adversely affect the General Plan of the City of Huntington Beach. -7- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 8 3. The proposal is consistent with the City's-General Plan.•of Land Use. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 28, 1986, shall be the approved layout. 2. Prior to issuance of building permits, applicant shall file a parcel map dedicating Newman Avenue per Public Works Department standards. Said map shall be recorded prior to final :inspection.- 3. Prior•to issuance of -,building permits, the -applicant shall -submit the following plans: a. Landscape and irrigation plan• to the. Department- of - Deve.lopment Services and Public Works,for- review land 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. The applicant and/or property owner shall construct a.six foot - (.61) high block wall along the common property•line. 5.- The grading plan shall -insure that water on the properties to the West•and•South shall be accommodated -per Public Works - Department standards. 6. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations.: 7. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central -heating units. 8._ Low -volume heads shall be used on all spigots and water faucets. 9. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development -shall comply with all applicable provisions of the Ordinance Code,.Building Division, and Fire Department. -8- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 9 2. All applicable Public Works fees shall be paid prior to issuance of building permits. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-67 Applicant: Harry and Jannette Eguchi A request to permit a hot dog/sandwich shop with twenty-five (25) seats in an existing retail center. Subject property is located at 7251 Warner Avenue, Suite K (North side of Warner Avenue approximately eleven hundred fifty feet (11501) East of Golden West Street).. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff reported the proposal is a reflection of a'more intense use than approved by the Board in 1982. There was a -separate pad build -out on the eastern side of the shopping center. Since there are more than twelve (12) seats proposed in this project, the parking requirements increase. Staff reminded the Board of a previous variance granted for parking allowance and there is now a parking excess in the center. Staff recommended approval with conditions. i Tom Poe asked if the Parking Management Plan required by the Board under the previous approval had been filed with the City. Staff replied it had not but the management company had assured him it was being prepared and would be filed shortly. Glen Godfrey asked for a condition limiting the maximum seating in the sandwich shop to twenty-seven (27). The Public Hearing was opened and the applicant, Jannette Eguchi, was present. Ms. Eguchi stated she had nothing further to add and the limitation on seating was satisfactory. There was no one else present wishing to speak so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY SMITH, USE PERMIT NO. 86-67 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The establishment, maintenance and operation of the use will not be -detrimental to: -9- 9/24/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 10 a. The general welfare of persons residing or:working•in the vicinity;' b. Property and improvements in the vicinity of :such ase 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'General Use. -- Plan of hand SPECIAL CONDITIONS OF APPROVAL: 1. The site -plan, floor plans, and elevations teceived'and dated August 29, 1986, shall be the -approved layout.,-`• "2.- Restaurant seating shall be limited to a maximum of twenty-seven (27) seats. '3. No outdoor seating shall-be-allowed.1 4. Natural gas shall be stubbed in at• the --locations '.of -cooki•ng 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; wi,re;'_pipe1� and -other-surplus or unusable material, shall be disposed-of'at an off -site facility equipped to handle them. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. -The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None TENTATIVE PARCEL MAP NO. 86-340 Applicant: En ineering Concepts A request to consolidate nine (9) parcels into one M -parcel: Subject property is located at 18501 - 18691 Main Street (Northeast corner of Main Street and Delaware Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1984. -10- 9/24/86 - 'BZA Minutes, H. B. Board of Zoning Adjustments September 24, 1986 Page 11 Staff reminded the Board this request was a follow-up to Administrative Review No. 83-82 for a major renovation to Loehmann's Five Points Center. Staff is recommending approval with conditions which the Board has before them. The owner, however, has requested that all vehicular access rights along Main Street be dedicated to the City of Huntington Beach except at locations ��reviousl approved by the Board. The previous approval allowed three T'� cuts on Main Street. Glen Godfrey inquired whether or not Staff had explained to the t applicant's representative the request for a ramp at the main entrance. Staff replied he had not and Mr. Godfrey elaborated on the necessity for a ramp because of the senior citizens residential buildiforcedntoausesthehstreet. People wheel chairs were being. mainvehicularentrancewhichwas ahazardous situation. The applicant's representative, Michael Fein, stated he did not have the owner's authority to accept such a condition and reiterated Staff s statement relative to dedication of the vehicular access rights. There was a discussion relative to the ramp being constructed by the City. Daryl Smith stated the City could become involved in an extensive construction and/or repair situation and he did not approve. Dennis Krejci further stated the City would be setting a precedent with such a situation and it could become too expensive. Glen Godfrey stated the project could be conditioned so that the ramp would have to be constructed prior to issuance of building permits for any future or subsequent additions to the shopping center. UPON MOTION BY SMITH AND SECOND BY KREJCI, TENTATIVE PARCEL MAP NO. 86-340 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: 'FINDINGS FOR APPROVAL: 1. The proposed consolidation of nine (9) parcels for purposes of commercial use in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. -11- 9/24/86 - BZA. Minutes, H. B. Board of Zoning Adjustments SepeiL�,nber 24, 1986 Page- 12 3".' The property was previously studied for this intensity of land use at the time the land use designation for community business district allowing commercial buildings was placed on the subject property. 4.-- The size, depth, frontage, street width and other deeign and improvement features of the proposed consolidation 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.---Tb6 Tentative Parcel Map received by the Department of Development Services on September 8, 1986, shall be the approved layout (with the amendments as noted thereon-). 2. - A- parcel -map shall' be filed with and approved by the=Depa'rtment of Public Works and recorded with the Orange County.Recorder. 3. A copy of the recorded parcel map shall "be- fi"led :with the. Department -of -Development Services: - -. 4. All vehicular access rights along Main Street shall be dedicated to the City of Huntington Beach except -at locations -previously approved by the Board of Zoning Adjustments.' 5. Future entitlements shall requite a pedestrian ramp at the Main Street and Florida Street main entrance. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT*NO. 86-70 = Applicant: Tony Ursino A -request to permit a sixty-two (62) unit apartment complex in a R-3 Zone. Subject property is -located at 16032 Springdale Street (East side of Springdale Street approximately one hundred fifteen feet (115') South of Edinger Avenue). Staff explained the applicant had requested referral of the project to the Planning Commission to be heard concurrently with his request for a zone change. -12- 9/24/86 - BZA 1 Minutes, H. B. Board'of Zoning Adjustments September 24, 1986 Page 13 Daryl Smith wanted assurance the applicant, Planning Department, and Planning Commission were all in concurrence on this request and Staff replied they were. UPON MOTION BY GODFREY AND SECOND BY SMITH, USE PERMIT NO. 86-70 WAS REFERRED, AT THE APPLICANT'S REQUEST, TO THE PLANNING COMMISSION BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY GODFREY AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, SEPTEMBER 29, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None i *GlenK.Godfrey, Secretary Board of Zoning Adjustments jh (6329d) -13- 9/24/86 - BZA