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HomeMy WebLinkAbout1986-10-151 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, OCTOBER 15, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Patapoff, Poe STAFF MEMBERS PRESENT: Pierce, Phillips MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF OCTOBER 8, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe NOES: None ABSENT: None ABSTAIN: Krejci, Patapoff REGULAR AGENDA ITEMS: USE PERMIT NO. 86-73 (Cont. from 10/8/86) Applicant: Joyce Dillenbeck A request to permit exterior architectural improvements to a site with nonconforming front and rear setbacks. Subject property is located at 310 Fifteenth Street (East side_ of Fifteenth Street approximately forty-five feet (451) North of Olive Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Susan Pierce, reported the application had been continued from the previous meeting because the applicant was not present and to determine whether or not there were eight (8) legal units on the property. This property was zoned R4 when built in the early 1960's and eight (8) units were authorized. Staff has reviewed the request and recommends approval for the architectural improvements. However, the property owners will need to dedicate two and one-half feet (2-1/21) along the alley and lot lines will have to be eliminated prior to issuance of building permits. A parcel map will need to be filed to consolidate Lot Nos. 12, 10 and a portion of. 8. Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 2 Chairman Tom Poe opened the Public Hearing and William Bray, Jr., was present to represent the applicant. Mr. Bray stated that Joyce Dillenbeck was also present and agreed to the conditions as presented by Staff. 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 KREJCI, USE PERMIT NO. 86-73 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The maintenance of an existing eight (8) unit apartment building 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 Use Permit No. 86-73 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City s General Plan and Land -Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated September 18, 1986, shall be the approved layout. 2. Two and one-half foot (2-1/21) alley dedication shall be made to the City of Huntington Beach prior to the issuance of building permits: 3. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate Lots 12, 10, and a portion of 8 of Tract Huntington Beach. The parcel map or plat map and notice shall be recorded with the Orange County Recorder and a copy of the recorded map or plat filed with the Department of Development Services prior to final inspection or occupancy. 4. 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. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. -2- 10/15/86 -- BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 3 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-73 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-29 NEGATIVE DECLARATION NO. 86-46 Applicant: City of Huntington Beach A request to permit the construction of a bluff top plaza for pedestrian access to the beach. Subject property is located at 2001 Pacific Coast Highway (South side of Pacific Coast Highway at intersection of Twentieth Street). This request is covered by Negative Declaration No. 86-46. Ms. Pierce stated the project had been reviewed and there are two important issues to be considered. There should be some kind of handicap access to the viewing location and this access should be reviewed and approved prior to issuance of the grading plan. Also, the landscaping should not be irrigated after 6:00 A.M. to prevent water standing on the bite path. The City will work with the State to develop this project, and the City will request additional funding from the State, as well as Orange County. Public Works will request approval from City Council for permission to start the project. Les Evans questioned the condition regarding handicap access and asked for clarification as to whom should review and approve the access ramp. Ms. Pierce said she assumed the Building Department would be doing it. Mr. Evans reminded the Board of problems with the State regarding Pacific Coast Highway and suggested the condition be altered to read "Prior to issuance of grading permit, the City shall attempt to get a permit from CalTrans to provide a handicap ramp." . The Public Hearing was opened and Don Noble was present to represent the City of Huntington Beach. Mr. Noble stated he had no comments or concerns at this point. There was no one else present to speak for or against the project so the Public Hearing was closed. Dennis amended Krejci them had a question regarding the Findings and Staff per Mr. Krejci's suggestions. -3- 10/15/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 4 UPON MOTION BY POE AND SECOND BY EVANS, NEGATIVE DECLARATION NO. 86-46 WAS APPROVED BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None UPON MOTION BY POE AND SECOND BY PATAPOFF, COASTAL DEVELOPMENT PERMIT NO. 86-29 WAS APPROVED WITH THE FOLLOWING AMENDED FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed Vista Plaza and beach access 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 Downtown Specific Plan zoning requirements, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. The Vista Plaza and beach access can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed Vi'sta'Plaza and beach access conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL 1. The site plan dated September 29, 1986, shall be the approved - layout. 2. Irrigation along Bluff Top Park shall be prohibited after 6:00 A.M. 3. Prior to issuance of grading permit, the City shall attempt to obtain a permit from CalTrans to provide a handicap ramp. AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None -4- 10/15/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 5 USE PERMIT NO. 86-75 Applicant: Little Ricky's Rockin Cafe, Inc. A request to permit a fast food restaurant (sit down only) with forty-eight (48) seats in an existing retail center. Subject property is located at 7211-B Warner Avenue (Northeast corner of Golden West Street and Warner Avenue - Albertson's Center). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reminded the Board that earlier this year the shopping center owner approached the City asking for a reconsideration of their parking ratio. At that time, there were some major stores in the center and the property owner asked that their warehouse space be considered in the parking ratio. Upon granting of Conditional Exception No. 86-54, the Board had conditioned that a Management Parking Plan be submitted for approval and the parking lot was to be restriped. Subsequently, Use Permit No. 86-67 was approved for a hot dog/sandwich shop with twenty-seven (27) seats but the Management Parking Plan has still not been received nor has the parking lot been restriped. With the granting of Conditional Exception No. 86-54 and Use Permit No. 86-67, and if this request is granted, there will still be an excess of ten (10) parking spaces in the Center. This project could be approved by the Board with conditions if they so desire. Les Evans asked if the property owner would be stopped at some point from renting other buildings if he does not submit the parking plan and Staff replied in the affirmative. Dennis Krejci asked Staff if there would be sufficient parking without considering the warehouse space. Staff replied there would not be - that restriping the lot would not increase the parking :paces but would only designate areas for employee parking, compact parking, etc. The Public Hearing was opened and the applicant, Rick Rowe, was present. Mr. Rowe explained he had been having problems with Business Properties which had not been rectified during the past seven (7) months since he had signed his lease with them. He also told the Board he had his plans approved by the Health Department before applying for this Use Permit, and, if he was not permitted to open at this location, he had plans to move to another local mall. Mr. Rowe mentioned the parking problems were beyond his control and would have to be cleared up by Business Properties. Glen Godfrey asked the applicant what type of cafe he would operate and Mr. Rowe explained it was a 50's type of diner. Mr. Godfrey then inquired whether the applicant would agree to having no dancing or live entertainment and Mr. Rowe replied in the affirmative. -5- 10/15/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 6 Mr. Godfrey asked that a condition be added to that effect. There was no one else present to speak for or against the project so the Public Hearing was closed. Dennis Krejci asked for clarification from Staff on the parking problem and the recommendation that the applicant not be permitted to obtain a building permit until after the parking conditions had been met and Staff reiterated that condition. UPON MOTION BY EVANS AND SECOND BY POE, USE PERMIT NO. 86-75 WAS APPROVED WITH THE FOLLOWING FINDINGS AND AMENDED 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 Use Permit No. 86-75 will not adversely affect the General Plan,of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. With approval of Conditional Exception No. 86-54, establishment of this use will leave a surplus of ten (10) extra on -site parking spaces. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan and elevations received and dated September 25, 1986, shall be the approved layout. 2. A revised, full scale floor plan indicating the proposed layout for seating arrangements shall be submitted prior to issuance of building permits. 3. Prior to issuance of building permits, the Conditions of Approval of Conditional Exception No. 86-54 shall be met with regard to submittal of the required Management Parking Plan and restriping of the entire parking lot by the shopping center property owners or their agents. -6- 10/15/86 • BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 7 4. Prior to issuance of building permits, the applicant shall submit the following plans: 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. 5. No more than four (4) electronic game machines shall be permitted on the premises. 6. No outside service shall be permitted on the premises. 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. No dancing or live entertainment shall be permitted on the premises. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and.Fire Department. 2. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-75 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None USE PERMIT NO. 86-77 Applicant: Episcopal Church Women of St. Wilfrid's Episcopal Church A request to permit a Renaissance Faire on the St. Wilfrid's Episcopal Church grounds on October 17 and 18, 1986. Subject Property is located at 18631 Chapel Lane (West side of Chapel Lane approximately two hundred twenty feet (2201) North of Modale Drive). This request is covered by Categorical Exemption, Class 4 (e), California Environmental Quality Act, 1986. staff explained the application was for a type of temporary event which would not have outdoor rides and the applicant has had similar events in the past without problems. Most of the activity will occur in the confines of rooms adjacent to the Church building They will have beer and wine sales and will need approval of the -7- 10/15/86 •'BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 8 Alcoholic Beverage Control. They have made application for a special two (2) day license and their food sales will have to be reviewed by the Orange County Health Department. Staff does not anticipate any parking problems because of the size of the Church's parking lot and, if necessary, they could obtain parking on the lot of the Church next door. Staff would recommend approval of the request with conditions. Dennis Krejci reminded Staff that the condition dealing with "outdoor rides" would not be necessary since there would be none. This was followed by a discussion relative to the type of insurance coverage required. The Public Hearing was opened and Eileen Byrd, Chairman of the Renaissance Faire, was present to represent the applicant. Ms. Byrd asked for clarification of the requirement,concerning food sales and Staff explained all the food preparation and sales areas would have to be checked by the Orange County Health Department. Tom Poe asked about approval by the Fire Department and Ms. Byrd explained members of the Fire Department had been out to check their location. Dennis Krejci referred to the closing -time and Staff said the time had been changed to 9:30 P.M.,in_order that the location could be cleared of people and noise by'10:00 P.M. Glen Godfrey said he would like a condition limiting the sales and consumption of alcoholic beverages to a designated area and the Board concurred. There was no one else present wishing to speak for or against the request so the Public Hearing was closed. UPON MOTION BY EVANS AND SECOND BY GODFREY, USE PERMIT NO. 86-77 WAS APPROVED WITH THE FOLLOWING AMENDED CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The site plan received and dated October 8, 1986, shall be the approved layout. 2. 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 three (3) days prior to the event. 3 All requirements of the Ordinance Code shall be met. 4. An on -site inspection by the Fire Department shall be required prior to the event. -8- 10/15/86 - BZA Minutes, H. B. Board of Zoning Adjustments October 15, 1986 Page 9 5. Use of amplifiers, speakers, musical instruments, and playing of recorded music is to be discontinued as of 9:00 P.M. each evening. 6. All operations of the festival, including machinery (other than necessary refrigeration units, if provided) shall desist between the hours of 9:30 P.M. and 8:00 A.M. 7. If a refrigeration truck is provided, it shall be placed as close to Chapel Lane as possible to minimize noise from the unit to the adjacent residential neighborhood. 8. Alcoholic beverage sales are subject to the review and approval of the Alcohol Beverage Control Board. 9. A specific area shall be designated for the sale and consumption of alcoholic beverages. 10. Food sales are subject to the review and approval of the Orange County Environmental Health Department. 11. A Certificate to Operate shall be issued by the Director of Development Services. AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY POE AND SECOND BY KREJCI, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, OCTOBER 20, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Patapoff, Poe NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (6473d) -9- 10/15/86 BZA