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HomeMy WebLinkAbout1986-11-191 MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center. 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 19, 1986 - 1.30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Pierce, Poe, Smith STAFF MEMBERS PRESENT: Phillips MINUTES: UPON MOTION BY POE AND SECOND BY EVANS, MINUTES OF THE REGULAR MEETING OF NOVEMBER 12, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Pierce REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 86-391 (Cont. from 11/5/86) Applicant: Cambro Manufacturing Company A request to consolidate six (6) parcels into one (1) parcel for purpose of building construction. Subject property is located at 7601 Clay Avenue (North side of Clay Avenue between Southern Pacific Railroad right-of-way and Huntington Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Laura Phillips, stated the applicant had submitted a letter requesting another continuance for a two (2) week period. The applicant needed to work out some legal problems and had requested the continuance to the meeting of December 3, 1986. UPON MOTION BY SMITH AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 86-391 WAS CONTINUED, AT THE APPLICANT'S REQUEST, TO THE REGULAR MEETING OF DECEMBER 3, 1986, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: Evans, Godfrey, Pierce, Poe, Smith None None Minutes,. H. B. Board of Zoning Adjustments November 19, 1986 Page 2 SITE PLAN AMENDMENT NO. 86-14 (Cont. from 11/12/86) Applicant: Robert Contorelli A request to permit the addition of seven hundred thirty-five Square Feet to a previously approved seven thousand, six hundred forty-five Square Foot industrial building. Subject property is located at 17682-96 Metzler Lane (East side of Metzler Lane approximately eight hundred forty-four feet (8441) South of Slater Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff said the Board had previously reviewed this project and asked the applicant to submit a revised site plan indicating the turnaround, parking spaces and landscaping as discussed at the meeting. The applicant submitted plans today and he does meet the landscaping and has adequate parking. He would like to leave the flowers which would enhance the wall and Staff would recommend approval with conditions. The applicant, Robert Contorelli, was not present at the time Staff presented her report but he arrived at the meeting immediately after the vote. Mr. Contorelli was informed of the Board's action and had no questions nor problem with their decision. UPON MOTION BY SMITH AND SECOND BY GODFREY, SITE PLAN AMENDMENT NO. 86-14 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING'VOTE: SPECIAL CONDITIONS OF APPROVAL - SITE PLAN AMENDMENT NO. 86-14: 1. The site plan, floor plans, and elevations received and dated November 18, 1986, shall be the approved layout. '2. Expiration date of Administrative Review No. 86-15 shall remain in effect (March 12, 1987). INFORMATION ON SPECIFIC CODE REQUIREMENTS - SITE PLAN AMENDMENT NO. 86-14: 1. All Conditions of Approval of Administrative Review No. 86-15 shall be applicable with the following modifications: a. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code. h. All signs shall comply with Article 961 of the Huntington Beach Ordinance Code. All free-standing signs shall be low -profile, monument -type signs. -2- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 3 AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None RECONSIDERATION OF ADMINISTRATIVE REVIEW NO. 85-48 (EXTENSION OF TIME) Applicant: Unocal Corporation An Extension of Time for previously approved Administrative Review No. 85-48 (to permit modernization of an existing service station). Subject property is located at 16471 Bolsa Chica Street (Northwest corner of Heil Avenue and Bolsa Chica Street). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported the Board had discussed this request at the previous meeting. The Board approved the request for an Extension of Time. However, during the week following the meeting, it was determined the Board's action was not correct inasmuch as the applicant's project could not meet the new Code requirements. The Board may wish to give the applicant additional time to file for a Conditional Exception. Glen Godfrey stated there would be no additional cost to the applicant but the request had been brought back before the Board to be acted upon appropriately and legally. UPON MOTION BY POE AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 85-48 (EXTENSION OF TIME) WAS RECONSIDERED BY THE FOLLOWING VOTE: AYES:- Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None The applicant's representative, Lisa Peterson, was present and requested a two (2) week extension so the applicant could apply for a Conditional Exception for the project. UPON MOTION BY POE AND SECOND BY GODFREY, ADMINISTRATIVE REVIEW NO. 85-48 WAS CONTINUED, AT THE APPLICANT'S REQUEST, TO THE MEETING OF DECEMBER 3, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None -3- 11/19/86 - BZA Minutes,'H. B. Board of Zoning Adjustments November 19, 1986 Page 4 CONDITIONAL EXCEPTION NO. 86-90 USE PERMIT NO. 86-80 NEGATIVE DECLARATION NO. 86-53 Applicant: Beach Front Construction CE REQUEST: To permit the use of balconies as private open space when a portion of the,unit is on ground level (three out of forty-four units). UP REQUEST: To permit a forty-four (44) unit apartment''complex with nineteen percent (19%) density bonus. Subject property is located at 2105 Delaware Street (Northwest corner of Delaware Street and Utica Street). This request is covered by Negative Declaration No. 86-53. Staff reported this was'a forty-four (44) unit apartment complex to be located in an R-2 Zone. The applicant is requesting a density bonus for eight (8) units (or nineteen percent) and these units would be designated as low or moderate income housing. The Conditional Exception is to request that balconies be considered as part of the open space requirements even though these units are located on ground level. Staff has not been able to determine a land related hardship for this request and would recommend denial of the Conditional Exception'but approval of the Use Permit. Les Evans asked how the project could be approved without the Conditional Exception and Ms.'Phillips said the applicant had indicated he could revise the location of the patios. The' Public Hearing was opened by-'Chairman'Tom Poe. The applicant's representative, Rick Jeffrey, was present and explained how the patio areas could be altered. After questioning by Les Evans, he further explained the architectural concept and theme. Tom Poe interjected that the project would go before the Architectural Review Board for review. Daryl Smith queried Glen Godfrey regarding Ordinance Code requirements for this and other projects and whether or not the Code needed to be changed. Mr. Godfrey explained this project could be brought into conformance with the Code by minor alterations to the plans. There were further discussions with the applicant's representative relative to grading, drainage, the Alquist-Priola requirements, turnarounds, ingress and egress points, fire protection, and fencing. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. -4- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 5 UPON MOTION BY POE AND SECOND BY EVANS, CONDITIONAL EXCT?PTION NO. 86-90 WAS DENIED WITH THE FOLLOWING FINDINGS, BY THE FOLLOWING VOTE: FINDINGS FOR DENIAL: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or'class of uses in the same district. 2. Since the subject property can be fully developed within regular established setbacks, such a Conditional Exception is not necessary for the preservation and enjoyment of substantial property rights. 3. Granting of Conditional Exception No. 86-90 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None UPON MOTION BY POE AND SECOND BY EVANS, NEGATIVE DECLARATION NO. 86-53 AND USE PERMIT NO. 86-80 WERE 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: 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 goals and objectives of the City's General Plan and Land Use Map. 1' -5- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 6 SPECIAL CONDITIONS OF APPROVAL: I. They floor plans and elevations received and dated October 31., 1986, shall be the approved layout. 2. A revised site plan shall be submitted depicting the modifications described herein: a. All units shall have patios per Code. b. All patios shall have minimum dimensions of seven feet (71) and minimum area of seventy (70) Square Feet. C. Laundry room for, one of the four buildings shall be relocated so that minimum open,space area of 10,200 Square Feet is attained. d. Relocate trash enclosures out of setback. 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. 4. Installation.of required.landscaping and irrigation systems shall be completed prior to final inspection. 5. Special architectural treatment shall be provided on all building walls facing Delaware Street. Such treatment is subject to approval by the Department of Development Services. 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. 8. Automatic alarm systems shall be installed throughout the complex. 9. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 10. Should a fence or other obstructions be installed, emergency access gates must be installed in locations designated and approved by the Fire Department. -6- 11/19/86 - BZA Minutes, HR B. Board of Zoning Adjustments November 19, 1986 Page 7 11. If security gates are provided, locations shall be approved and turnarounds shall be provided to the satisfaction of Fire and Public Works Departments. 12. Building addresses shall be a minimum of ten inches (10") in height with unit numbers a minimum of four inches (4") in height. 13. Driveway approaches shall be a minimum of twenty-seven feet (27 ) in width and shall be of radius type construction. 14. Dedicate and improve California Street (including cul-de-sac) per Public Works requirements. All other streets shall be improved per Public Works standards. 15. Submit Alquist-Priola Special Study Zone Geologic Study and Soils Investigation. 16. Construct all required improvements on surrounding streets. 17. Dedicate corner right-of-way radii per Public Works requirements. 19. On -site sewer shall be private. 20. Project shall have sewer lines directed to Delaware Street to the satisfaction of Public Works. 21. Complete water loop system from California Street to Delaware Street. 22. On -site water facilities (fire hydrants, etc.) shall be dedicated to the City of Huntington Beach. 23. Each apartment building shall have its own water service. 24. Three (3) story buildings shall have approved domestic backflow devices installed to the satisfaction of Public Works. 25. 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. 26. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 27. Natural gas and 220V electrical shall be stubbed in at the locations of clothes dryers. -7- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 8 28. If foil type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division of Development Services Department. 29. Low -volume heads shall be used on all spigots and water faucets. 30. If lighting is included in the parking lot and/or recreation area, high-pressure sodium vapor lamps shall be usied for energy savings. All outside lighting shall be directed t,o prevent "spillage" onto adjacent peoperties.' " 31. The applicant shall enter into an agreement to provide eight (8) units for a nineteen percent (19%) density bonus to be for low and moderate income housing units. The applicant shall provide housing units for persons of low or moderate income subject to the provisions of Government Section 65590(d). The applicant's compliance with Section 65590(d) of the Government Code in terms of amount and location of affordable housing provided shall be subject to the review and approval of -the Department of Development Services. This agreement shall be reviewed by the City Attorney's Office as to form and content and approved by the Director of Development Services. 32. All applicable Public Works fees shall be paid pr.ior to issuance of building permits. 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 applicant shall meet all applicable local, State, and Federal Fire Codes,.Ordinances,.and standards.- 3. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the+State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). 4. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. -8- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 9 5. Portable fire extinguishers shall be installed per Huntington Beach Ordinance Code. 6. The abandonment of all oil wells on the site must be done to current Department of Oil and Gas standards. 7. Landscaping shall comply with S. 9120.11(f) of the Huntington Beach Ordinance Code. 8. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 86-80 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-84 Applicant: Country Cottage Antiques A request to permit a Temporary Outdoor Event on December 5, 6 and 7, 1986. Subject property is located at 6885 Warner Avenue (Portion of the Northwest corner of Warner Avenue and Golden West Street). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff reported this request was for a three (3) day outdoor event to be held in an existing shopping center. An identical request was approved by the Board for this same site last July. The applicant will need a Certificate to Operate and will have to file certificates for liability. Staff would recommend approval with conditions. The applicant's representative, Terry Williamson, was present. She stated the previous sale had been a great success and they would like to repeat the sale. UPON MOTION BY POE AND SECOND BY EVANS, USE PERMIT NO. 86-84 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The conceptual site plan received November 6, 1986, shall be subject to approval of the Fire Department. 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 five (5) days prior to the event. -9- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 10 3. A Certificate to Operate, as required by 5.9730.80 of the Ordinance Code, shall be issued prior to the event. 4. The applicant shall provide for clean up of the area after the closing of the event. 5. The applicant shall obtain all applicable permits. AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None NEGATIVE DECLARATION NO. 86-57 Applicant: City of Huntington Beach A request to remove thirty-eight (38) parkway trees. Subject property is located on the East and West sides of Springdale Street between Warner Avenue and Heil Avenue. This request is covered by Negative Declaration No. 86-57. Staff reported this request was for removal of parkway trees which are causing damage to sidewalks, curbing, gutters and overhead power lines. The,removal of these trees will be mitigated by replacement with twenty-five (25) trees of varying types. Glen Godfrey initiated,a discussion as to why the request was before the Board since it was on City property. Daryl Smith stated that, in his opinion, it should not have been but environmental personnel had indicated it was necessary. Les Evans said these types of things usually went before the Planning Commission and not the Board. UPON MOTION BY GODFREY,AND SECOND BY EVANS, NEGATIVE DECLARATION NO. 86-57 WAS APPROVED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. Removal of the thirty-eight (38) trees from the sidewalk areas shall be mitigated by placing twenty-five (25) trees (including floss silk, coral gum, and New Zealand Christmas trees) within the,proposed median. The median shall also include low growth j landscaping such as yellow and orange ganzanias. AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 11 TENTATIVE PARCEf, MAID NO. 86-389 Applicant: .Toe Taylor A request to consolidate two (2) lots into one (1) lot. Subject property is located at 920 Main Street (East side of Main Street approximately fifty feet (501) South of Eleventh Street). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. According to Staff, this request is for consolidation of Lot No. 20 and a portion of Lot No. 22. There is an existing residence on the site. The proposed units shown on the map will be removed from the map and the applicant is requesting a Waiver of the Final Map. Staff did not recommend granting the waiver. The applicant's representative, Larry Faith, was present. Mr. Faith stated permits had been issued and the job was underway. The deed for the two and one-half foot (2-1/21) alley dedication had been given to the City, and the only problem remaining was the paving of the alley which was normally done during construction. Mr. Faith asked why the map was not being waived. Mr. Evans explained it would not be legal to waive the map until all the improvements were completed and the applicant could come back to the Board at that time. Glen Godfrey said there would be no charge at that time for the rehearing. Mr. Faith agreed to the conditions as presented. UPON MOTION BY POE AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 86-389 WAS APPROVED WITHOUT WAIVER, WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed consolidation of two (2) parcels for purposes of residential 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 residential district allowing residential buildings was placed on the subject property. -11- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 12 4. The size, depth, frontage, street width and other design.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. The Tentative'Parcel Map received by the Department of Development Services on October 20, 1986, shall be the approved layout'(with the amendments as noted thereon) - Remove "Proposed Units". 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Alley shall be dedicated to City standards. 4. Water supply'shail be through the City of Huntington Beach's water syste`m`at the time said parcels) is/are developed (if such systems exist within 200 feet.of said.parcel(s).- 5. Sewage'disp6sal'shiall 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).. 6. All utilities shall'be instailed'underground,at the time said parcels) is/are developed. 7. Compliance with all applicable City Ordinances. 8. A copy of the recorded parcel map shall be filed;with the,, Department of Development Services. AYES: Evans, Godfrey,, Pierce, Poe, Smith NOES: None ABSENT: None MISCELLANEOUS AGENDA ITEMS USE PERMIT NO. 8'6-8'2 Applicant: Robert Terry/Terry Buick A request to refer this application to'the Planning Commission to be heard concurrently with Conditional Exception No. 86-88. Subject property is located at 19551 Beach Boulevard. -12- 11/19/86, - BZA, Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 13 Staff stated this request had been made by Scott Hess so both requests could be heard together, and staff would recommend referral. Glen Godfrey reiterated the statement that the projects should be heard concurrently by the Planning Commission. UPON MOTION BY GODFREY AND SECOND BY EVANS, USE PERMIT NO. 86-82 WAS REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 85-55 Applicant: L & M Investment Company A request to permit a letter from Towne House Plaza to serve as a Parking Management Plan required under previous Board approval. Subject property is located at 19881 Brookhurst Street (Northwest corner of Brookhurst Street and Adams Avenue). Staff explained a letter had been received from Town House Plaza which had been sent out to tenants of the shopping center. The applicant was requesting the Board to accept this letter as a Parking Management Plan - a requirement of approval of an expansion for Love's Restaurant. Glen Godfrey noted that the letter was not signed. Daryl Smith said he would like Planning Staff to require a Parking Management Plan similar to the ones previously approved by the Board. Glen Godfrey agreed with Mr. Smith's suggestion. MOTION WAS MADE BY SMITH AND SECONDED BY GODFREY THAT THE PARKING MANAGEMENT PLAN REQUIRED BY ADMINISTRATIVE REVIEW NO. 85-55 MUST BE PROVIDED IN CORRECT FORMAT SUBJECT TO APPROVAL OF THE DEPARTMENT OF DEVELOPMENT SERVICES, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-27 Applicant: Hopkins Development Company/Richard Mount A request to revise exterior elevations. Subject property is located at the Southwest corner of Hamilton Avenue and Bushard Street. -13- 11/19/86 - BZA Minutes; H. B. Board of Zoning Adjustments November 19, 1986 Page 14 Ms. Pierce explained the plans for this project had been previously approved by the Board. A portion of the building is within twenty-five feet (251) of Hamilton Avenue and the proposed tenant of Suite A will require deletion of the windows. Les Evans asked how the project could be changed without a new Use Permit and Public Hearing., Glen Godfrey -asked Ms. Pierce if this alteration would now require a Use Permit under the current Code. Ms. Pierce explained the current Code only requires a plan review approval by the Director of Development Services. Since the project was originally approved by the Board, the new request for deletion of the windows along the West -wall was brought back to•them for reviewing as a courtesy. Ms. Pierce further stated she would not recommend deletion of the windows because this would leave a completely solid wall. " ' - The applicant, Richatd'Mount; explained they needed'to eliminate the glass windows on the West side of the building to.satisfy the needs of the proposed tenant. The solid walls would'be stucco matching the balance of the building. There was a further discussion about the suggested modifications and Les Evans asked Ms':1,Pierce for a suggestion onIsolving''the problem. Ms. Pierce said she would move to'amend the original request subject to review and approval by Staff members. UPON MOTION BY PIERCE AND'SECOND'BY SMITH; USE'PERMIT NO. 86-27 WAS AMENDED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: ' 1. Revised elevations shall be subject to review and approval of the Department of Development Services. AYES: Evans, Pierce, -Poe, Smith NOES: Godfrey ABSENT: 'None Scott Hess, Associate Planner, mentioned the project had originally been approved as a Public Heating item and it'was'his under'standing that Ken Reynolds was under the assumption the walls would not be changed. Daryl Smith added that Ken Reynolds ;had been concerned about circulation, parking, etc. Th'e'applicant,' Mr. Mount,, then added that Mr. Reynolds had spoken in'favor of the project when it was reviewed or'i'ginally: " -14- 11/19/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 15 USE PERMIT NO. 76-9 Applicant: Charles Fitzgerald A request to permit an amendment to the Sign Theme previously approved under Use Permit No. 76-9. Subject property is located at 19171 Magnolia Street. According to Ms. Pierce, a request has been made to add an awning to an existing building known as Fitzgerald's. This building is located in a shopping center for which a Sign Theme was previously approved by the Board. Ms. Pierce further explained that new signage would no longer come before the Board for approval but had been referred to the Board as a courtesy at the suggestion of the Director of Development Services. The applicant, Greg Gallagher, explained they were upgrading the center. He further stated Fitzgerald's was a restaurant which was not strategically located and needed the awning to call attention to it. Mr. Gallagher added that other tenants in the center were in favor of his sign and he would the Board felt it necessary. obtain a petition to He further mentioned that effect if the expenses to which he had already committed himself in ordering material for the awning. After a query by Daryl Smith to Glen Godfrey, Mr. Godfrey reiterated Mr. Gallagher's statements about the location of the restaurant and upgrading of the center. Mr. Godfrey also mentioned that probably none of the present Board members were on the Board at the time of this original approval. He said he was not aversely opposed to the change and he would move for approval. Daryl Smith stated he would second the motion based on the structural conditions as applied by the Building Department noted on the approved site plan dated November 17, 1986 (which Ross Cranmer had signed), and that the specific colors, size, and material would also meet the Planning Department's approval. UPON MOTION BY GODFREY AND SECOND BY SMITH, USE PERMIT NO. 76-9 WAS AMENDED WITH THE FOLLOWING CONDITIONS, BY THE FOLLOWING VOTE: CONDITIONS OF APPROVAL: 1. The new Sign Theme shall be subject to review and approval of the Department of Development Services. AYES: Evans, Godfrey, Poe, Smith NOES: Pierce ABSENT: None -15- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 16 Ms. Pierce explained her "NO" vote was because she did not feel the sign would be compatible with the theme of the center and the owner should come back to the City with a Planned Sign Program for the entire center. USE PERMIT NO. 86-61, Applicant: Oilmax/Hal Tucker A request to permit an amendment to the Conditions of Approval by elimination of a requirement for filing of a Tentative Parcel Map. Subject property is located at the Southwest corner of Brookhurst Street and Adams Avenue. Daryl Smith stated he had been contacted by Hal Tucker regarding the Oilmax project. 'Mr.'Tucker•had requested that the,Board remove a condition placed by the Board at. the time'this project'was,: approved.= This_ 'particular'�ondition.called for filing a'Tentative Parcel Map prior to issuance of building permits. Mr. Smith said he had discussed the matter with Les Evans and,they wer,e:,in agreement that the.'map sh'ould'not be required. Mr— Smith also mentioned a reciprocal, driveway•whic•h was of concern to Mr. Tucker; ,however, Mr. Smith added he.di'd not wish.to address that concern at the present time. Mr.,smith then said he would move'for removal of Condition No. 2'of the Conditions of Approval dated September 10, 1986, which reads as follows: "2. P'rior to issuance of 7building permits,. applicant , shall file a parcel map for'j ease,purposes. Said map shall be recorded prior to final'inspection."'- This motion was seconded by Les Evans. Glen Godfrey 'said the Board should ,have a' real. concern with removal of that condition since it would also affect landscaping and circulation requirements. He further added that, as he interpreted the Subdivision•Map Ac`t,- Mr. Tucker wouid be required to file the map for his leased parcel of land; but, if he just leased a building from the owner, he would not need to file the map. Mr. Godfrey further felt that -the adjacent property owners should have been notified of any -amendments to this particular project since they had been adamantly opposed to it originally. The original Use Permit was conditionally approved after ,a, Public ,Hearing. ,;If ;the. site plan had been 'amended and a request to ,remgve..a condition, is, submitted, a Public Hearing should be set to hear the matter. A lengthy discussion ensued regarding the difference in inter- pretation of the Subdivision Map Act and further requirements, and Les Evans reiterated the statement that a Tentative Parcel Map was not required. 1 -16- 11/19/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 19, 1986 Page 17 UPON MOTION BY SMITH AND SECOND BY EVANS, CONDITION NO. 2 WAS DELETED FROM THE CONDITIONS OF APPROVAL OF PREVIOUSLY APPROVED USE PERMIT NO. 86-61, BY THE FOLLOWING VOTE: AYES: Evans, Poe, Smith NOES: Godfrey, Pierce ABSENT: None Mr. Godfrey added that it was his feeling the City Attorney's Office should be requested to render an opinion on the requirement (or lack of requirement) for the Tentative Parcel Map or the removal of a Condition of Approval of an entitlement placed during a Public Hearing without another Public Hearing. There was no further business to be presented to the Board for their • review. UPON MOTION BY GODFREY AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, NOVEMBER 24, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Pierce, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jh ' (6772d) I -17- 11/19/86 - BZA