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HomeMy WebLinkAbout1986-11-26MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, NOVEMBER 26, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith STAFF MEMBERS PRESENT: Phillips, Hess MINUTES: MINUTES OF THE REGULAR MEETING OF NOVEMBER 19, 1986, WERE NOT READY FOR APPROVAL BY THE BOARD. REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 86-91 Applicant: Wayne Howard Construction A request to permit six hundred sixty (660) Square Feet of open space in lieu of nine hundred (900) Square Feet. Subject property is located at 6421 Antrim Circle (North side of Antrim Circle approximately one hundred thirty-five feet (1351) East of Toway Lane). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Staff member, Laura Phillips, stated this was a request to reduce the required open space for an addition to an existing residence. The lot is a standard size lot (60' x 100'). Staff can find no land -related hardship so Staff is recommending Denial of the request. However, a similar request was granted by the Board which was in existence in 1964 and this Board may wish to take the same type of action. Daryl Smith inquired about the side entry garage setback and Ms. Phillips stated it would have been twenty feet (201) at the time this residence was constructed in the early 1960's. Mr. Smith then inquired about the front yard setback and was informed it was fifteen feet (151). Mr. Smith mentioned the possibility of building a forty-two inch (42") high wall to enclose the front yard area, and Ms. Phillips explained the minimum dimension would still be required in that area. 19 Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 2 The Public Hearing was opened by Chairman Tom Poe. Bob Wolfe was present to represent the applicant and explained the property had been rezoned after the residence was built. He further explained the request was basically for expansion of the Master Bedroom with smaller additions for the Dining Room and other usable spaces. Mrs. Christiane Garisoh, owner of the property, said the homes had been built for small families and her family consisted of six people. She stated it was difficult to seat six people in the small Dining Room and they needed the additional space for comfort. She added that others in the neighborhood had been granted variances and she would like to have the same consideration. After a suggestion by Daryl Smith relative to changing the side entry garage to direct entry and making an addition in the front, Mr. Wolf said that would create a financial hardship and the space was needed at the rear of the residence - not the front. Further discussion ensued regarding possible options available to the property owners. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Daryl Smith suggested a continuance might be in order to allow the applicant time to work with Staff in reaching a possible solution. The applicant then requested a one (1) week continuance. UPON MOTION BY SMITH AND SECOND BY POE, CONDITIONAL EXCEPTION NO. 86-91 WAS CONTINUED, AT THE APPLICANT'S REQUEST, TO THE REGULAR MEETING OF DECEMBER 3, 1986, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-97 Applicant: David Gilmore A request to permit a portion of a building to encroach into site angle .8•etbacks along Hamilton Avenue. Subject property is located at 21510 Brookhurst Street (Southwest corner of Brookhurst Street and -Hamilton Avenue). inqu. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Scott Hess, Associate Planner, presented the project and explained there currently was a Texaco gas station on the property. Staff has worked with the applicant for some time on preliminary plans, and the plans are now in plan check. One requirement imposed on the development was to set the building back five feet (51) from the -2- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 3 property line to accommodate a ramp for flood plain standards because the building has to be elevated four feet (41). Another that the building be architecturally compatible with surrounding buildings. The adjacent property owners have reviewed the plans reciprocal access will be granted when this particular property develops. The driveway should be located farther away from the intersection and that will be accomplished with this arrangement. was and After an inquiry by Glen Godfrey, Mr. Hess explained the sight angle encroachment since the Code required fifty foot (501) setbacks from both Brookhurst Street and Hamilton Avenue. The Code further required additional landscaping for every foot of encroachment, thus reducing the buildable area on the lot. Mr. Hess added that the trash enclosure would need to be relocated. There was a discussion relative to parking and Staff reported the applicant was meeting the minimum of thirty-three (33) spaces so moving the trash enclosure could create problems with the parking. Daryl Smith inquired about an area shown on the plan and Staff indicated it was a walkway which could be eliminated or relocated. Staff recommended approval of the development with conditions. Tom Poe stated the building would need to have automatic sprinklers installed to meet Fire Department standards. The Public Hearing was opened by Mr. Poe and the applicant, David Gilmore, was present. Mr. Gilmore reiterated Staff's statements about the length of time he had spent working on this project and the alterations he had made to conform with the Code. He added that the architecture had originally been planned for "High Tech" design but they had changed to a Spanish -type architectural design theme to conform with the surrounding area. Mr. Gilmore further explained the excessive setbacks left him only half a buildable lot and that the property had been extremely expensive. He added that some of these setbacks, etc., had not been called to his attention until he was roughly six months into plan check, and meeting the sight angle couId:L-��duce the square footage by 876 Square Feet. Glen Godfrey broached the subject of the degree of the site angle and -the applicant stated it was eighteen degrees. Mr. Godfrey and Mr. Hess verified the Code requirement of twenty-eight degrees. Tv,; Tom H. Bernatz, owner of property in the area, stated he was representing himself and other owners in an adjacent shopping center on Hamilton Avenue. Mr. Bernatz said he and the others were very concerned about "view" access to their businesses if the applicant's building was allowed to be located too far forward on the lot. He also expressed concern over the location of and visibility from the westerly driveway. -3- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 4 Further discussion ensued relative to siting on the lot°and the applicant stated he was originally told he could encroach twenty-five feet (251) with additional landscaping. - There was no one else present wishing to speak for or against the project so the Public,Hearing was closed. Dennis Krejci asked for clarification regarding the cutoff and Glen Godfrey explained the primary ,purpose is to protect adjacent buildings which require exposure on the street. Otherwise, all the buildings would.be,right.up,against the front setback line. It was conceived to give variations along a street scene. Mr. Krejci inquired,.-about,,the•signage-and Daryl Smith said a Planned Sign Program would be required. Les Evans mentioned that all public improvements should be required if not already existing. UPON MOTION BY SMITH AND SECOND BY KREJCI, CONDITIONAL EXCEPTION NO. 86-97 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: 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. 86-97,will not adversely affect the General P•lan•,of•,the: City of: Huntington Beach. 3. Because of special circumstances applicable to the subject ,pp9perty, including size, shape „ topography, location or surroundings,,the.str,ict application.of,the Zoning Ordinance is found to deprive;the•subject property -of privileges enjoyed by other properties in, th,e_ ,vicinity and- under, identical zone Mr. classifications.. -Flood standards, smaller lot':area, and substantial setbacks on.Brookhurst-Street and.Hamilton Avenue reduce viable.buildable area. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 26, 1986, shall be revised and resubmitted depicting the modifications described herein: 1 -4- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 5 a. Modification of the trash enclosure area subject to approval of the Department of Development Services. b. Removal of the sidewalk in front setback and landscape areas on Hamilton Avenue. C. Elevations shall be revised to reflect architectural treatment discussed at the Board of Zoning Adjustments meeting, especially the rear elevation of the building. Said elevations shall be architecturally compatible with the adjacent existing buildings and shall be subject to approval of the Department of Development Services 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. 3. Applicant shall comply with requirements noted on Plan Check Sheet for PPR 86-5. 4. A planned sign program shall be approved for all signing. Said program shall be approved prior to the first sign request. 5. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 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. %'tural 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. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. -5- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 6 10. Prior to issuance of building permits, the subject property shall enter intoArre,voc,able reciprocal access easement(s) between the subject site and adjacent southerly properties. A copy of the legal instrument shall be approved.by the City Attorney as to,form and content and, when approved, shall be recorded in -the Office of the County Recorder. A copy shall be filed with the Department,of Development Services -prior to occupancy. 11. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION Oii SPECIFIC CODE,REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and.Fire Department. 2. Landscaping shall comply with Article 960.of,.the. Huntington Beach Ordinance Code. AYES. Krejci, iPoe Smith NOES: Evans, Godfrey. ABSENT: None .tt Glen Godfrey stated,his "NO "vote was because he felt a compromise site angle setback could have been provided to protect the buildings to the West, as well as providing tenant space for: -the applicant. USE PERMIT NO. 86-85 Applicant Richard Moberger - ,3 A request to permit a -marching band to play in the parking:lot on November 29, 1986 - 2:00 P.M. to. 2:30- P.M. ..Subject •property is located at 18567 Main StreetA North side,of Main Street at intersection with Beach Boulevard - Loehmann's Five --Points Center). This request is'covered'by Categorical Exemption, Class 4 (e), California Environmental Quality Act, 1986. Na Ms. Phillips stated the applicant had expressed a verbal wish to withdraw his request and reschedule at a later date. The applicant a,c8sured Staff a letter would be forthcoming -;.however, Staff had not received it by the beginning of this meeting. Staff would recommend withdrawal of the request. Dennis Krejci asked if the Board could conceptually approve the request and let Staff make,the determination of the later date. It was determined, since the applicant was not present to establish a future date, that the application should be withdrawn. Mr. Godfrey stated a future request from the applicant would require a new entitlement. -6- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 7 UPON MOTION BY GODFREY AND SECOND BY POE, USE PERMIT -NO. 86-85 WAS WITHDRAWN, AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci,.Poe, Smith NOES: None ABSENT: None SITE PLAN AMENDMENT NO. 86-16 Applicant: Carlos Cella A request to add two (2) paint spray booths to previously approved three thousand, one hundred twenty (3,120) Square Foot auto body repair shop. Subject property is located at 17412 Gothard Street (East side of Gothard Street approximately three hundred twenty feet (320 ) North of Slater Avenue). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff reported this was a request to amend previously approved Use Permit No. 85-37 for an auto body repair shop. The applicant wishes to add two (2) outdoor spray paint booths. There are residential areas adjacent to the location and an additional requirement is for a noise study to be made. The applicant would have to close the bay doors during the time air chisels would be used. Staff would recommend approval with conditions. Glen Godfrey said he would like a condition added that the paint spray booths be compatible architecturally with the other structures. Daryl Smith stated the booths would be at the rear of the building and asked that the condition only stipulate "architectural compatibility" as far as visibility off -site was concerned. Mr. Smith added the main concern would be for the residents around it and not for people driving by on the street. .,Mr. Godfrey also asked that a South Coast Air Quality Management District report be required and it was agreed this would be needed. • Fort, Tom Poe mentioned the requirement for a fire protection system to the satisfaction of the Fire Department. ML*lapplicant, Carlos Cella, was present and explained the booths rwere basically portable structures which could be brought onto the site. Mr. Cella presented pictures to the Board of similar 'structures on other locations. Mr. Godfrey stated he still felt the building could be of block construction with roll -up doors. He further cautioned the Board that if this approval was granted, they would probably receive many other such requests. -7- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 8 UPON MOTION BY SMITH AND SECOND BY KREJCI, SITE PLAN:AMENDMENT NO. 86-16 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 November 6, 1986, shall be the approved layout with the following modifications: a. Outside storage areas shall be delineated on the site plan. b. Details of the entrance gate which shall be of solid material. 2. Prior to issuance of building permits, the applicant shall submit the following plans: 11 :_ a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop Mechanical Equipment Plana Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. C. Intensified landscaping shall be provided along the front building facade within the planter area.. 3. Maximum separation between buildingwall and property line shall not exceed two inches (2"). 4. No automobile dismantling or related uses shall be permitted. 5. All repair work shall be conducted wholly within the building. a. Air -chisel panel cutting shall be done with all overhead Poe doors closed. 6. All building spoils, such as unusable lumber, wire, pipe, and .tie other surplus or unusable material, shall be disposed of at an werF off -site facility equipped to handle them. 7. The noise study shall be amended to include review of paint booths subject to review and approval by the City's noise enforcement person prior to the issuance of building permits. -8- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 9 If the noise assessment is determined incomplete or inadequate, the applicant shall be responsible for providing any additional information. All recommended mitigating measures of the noise study shall be incorporated into the development. 8. Hours of operation shall be limited to between 7:00 A.M. and 8:00 P.M., Monday through Saturday. No work shall be permitted on Sundays. 9. Perimeter walls and gate shall be eight feet (81) in height and the northerly wall shall be the same height as the adjacent wall. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply the Ordinance Code, Building with all applicable provisions of Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, 3. The applicant shall Ordinances, and standards. obtain the Coast Air Quality Management necessary permits from the South District. 4. All signs shall comply with Article 961 of the Huntington Beach Ordinance Code. 5. The Board of Zoning Adjustments reserves the right to revoke Site Plan Amendment No. 86-16 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith NOES: Godfrey ABSENT: None TENTATIVE PARCEL MAP NO. 84-1203 (EXTENSION OF TIME) Applicant: Alpine Consultants, Inc a. _. A request to permit an Extension of Time for Tentative Parcel Map No. 84-1203 (Request to create a five (5) parcel medical/office/ hospital complex). Subject property is located at 17772-17782 Beach Boulevard (Southeast corner of Beach Boulevard and Newman Avenue). This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. According to Staff, this was a request for an Extension of Time to a previously approved map to allow time for creation of legal lot lines. Staff would recommend approval with conditions. -9- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 10 Les Evans asked if the time -extension would interfere with construction on the hospital building and Dennis Krejci said this was an office building which would serve the hospital. Mr. Krejci further said the State did not have to approve the office structure and the City would go along with temporary occupancy of the building until the co'n'ditions could be met. Daryl Smith asked if a letter had -been received from the applicant requesting the extension and Ms. Phillips stated it was on file. The applicant's representative, Larry Christianson, 4as'present and agreed to the conditions. UPON MOTION BY'SMITH AND SECOND BY KREJCI, TENTATIVE''PARCEL MAP NO. 84-1203 (EXTENSION OF TIME) WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of five (5) parcels for purposes of commercial,use in 'compliance with the size and shape of property necessary -for that type of developmen'ti: 2. The General Plan has set forth provisions for•this-type of land use as well as setting -forth objectives for implementation of this type of use. 3. The property -was previously studied for this intensity of land use at the time•the land use designation for community business district allowing commercial buildings was°placed on the subject property. 4. The size, depth, frontage, street width and other -design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance -with the State Map Act and supplemental City Subdivision Ordinance. ,ieF CONDITIONS OF APPROVAL: gpul 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 November 14, 1984, shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. C 1 -10- 11/26/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 11 3. Beach Boulevard and Newman Avenue shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcels are developed. 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcels are developed. 6. All utilities shall be installed underground at the time said parcels are developed. 7. Compliance with all applicable City Ordinances. 8. The property shall participate in the local drainage assessment district at the time said parcels are developed. (Contact the Department of Public Works for additional information). 9. A copy of the recorded parcel map shall be filed with the Department of Development Services. 10. Vehicular rights to Beach Boulevard and Newman Avenue shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments or Planning Commission. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None RECONSIDERATION OF BOARD ACTION OF NOVEMBER 19, 1986, TO REMOVE CONDITION REQUIRING PARCEL MAP ON USE PERMIT NO. 86-61 Applicant: Oilmax/Hal Tucker PRESENT REQUEST: Request reconsideration to remove condition requiring parcel map and recommend set to Public Hearing. ORIGINAL REQUEST: To construct a twenty-five hundred (21500) Square Foot oil exchange and car wash facility in the Target Shopping Center parking lot. S_gbject property is located at the Southwest corner of Adams Avenue and Brookhurst Street. This request is covered by Negative Declaration No. 86-44. Glen Godfrey initiated the subject and said all he was asking is that the Board put the subject matter on the agenda for a Public Hearing. -11- 11/26/86 - BZA Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 12 Dennis Krejci mentioned It was his understanding'the'Board''s previous action had already been appealed by'a member of the Planning Commission. There was no motion for reconsideration forthcoming from the prevailing side. Mr. Godfrey asked that the record reflect that the Board had failed to move for reconsideration. Mr. Krejci said he would like to clarify that he was not in attendance at the time of the original hearing nor at the meeting of November 19., 1986. Chairman Poe reiterated that no motion was made to reconsider. MISCELLANEOUS ITEMS: TENTATIVE PARCEL MAP NO. 86-407 Applicant: Scott Kimball A request for referral to the Planning Commission to be heard concurrently with Conditional Exception No. 86-87.'' Subject property is located at 16231 - 16235 Whitecap Lane (Southwest corner of Saybrook Lane and'Whitecap Lane)'.' Staff reported the request should be referred to the Planning Commission so it could be heard in conjunction with'Conditional Exception No. 86-87. UPON MOTION BY GODFREY AND SECOND BY EVANS, TENTATIVE PARCEL MAP NO. 86-407 WAS REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT • 'None TN,k1, There'kdas no further business to be presented to the Board for their review.* q MOTION BY POE AND SECOND BY KREJCI, THE REGULAR MEETING WAS aAb'JOURNED TO A STUDY SESSION ON MONDAY, DECEMBER 1, 1986, AT 10:00 A.M., BY THE FOLLOWING VOTE: -12- 11/26/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments November 26, 1986 Page 13 AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None 9-- Glen K. Godfrey, Secretary Board of Zoning Adjustments jh (6801d) UPON -13- 11/26/86 - BZA