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HomeMy WebLinkAbout1987-02-11MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Council Chambers - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, FEBRUARY 11, 1987 - 1.30 P.M. BOARD MEMBERS PRESENT: Evans, Krejci, Poe, Smith, Webb STAFF MEMBERS PRESENT: Phillips MINUTES: UPON MOTION BY SMITH AND SECOND BY POE, MINUTES OF THE REGULAR MEETING OF JANUARY 28, 1987, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Evans, Webb REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTION NO. 87-7 Applicant: J. M. Peters Company. Inc. A request to reduce required front yard setbacks on Lot Nos. 1, 2, 8, 9 and 10 of Tract 12863 and Lot Nos. 1, 16, 18, 23 and 24 of Tract-12897 to fourteen feet to eighteen feet (14' - 181) in lieu of the required twenty-two feet (221). Subject property is located at the Southeast corner of Atlanta Avenue and Magnolia Street. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. The Staff member, Laura Phillips, reported the request was for variances to the required front yard setbacks in a proposed residential development. The applicant is requesting setbacks which vary from fourteen feet (141) to eighteen feet (181) instead of the required twenty-two feet (221). The applicant is also proposing to change the type of fencing from that which was approved by the Planning Commission for the developer who previously proposed the project - Sand Dollar Development. Also, Staff continued, the site plan approved by the Planning Commission called for twenty-two foot Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page 2 (221) setbacks. One of the conditions of the Conditional Use Permit was that structures should be in conformance with Ordinance Codes. Staff, therefore, recommended that Conditional Exception No. 87-7 be referred to the Planning Commission for their review of the requested variances. The Public Hearing was opened by Chairman Dennis Krejci and the applicant was not" present. Mr. Krejci asked Staff if the applicant was aware of the recommendation for referral and Staff replied in the affirmative. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY WEBB, CONDITIONAL EXCEPTION NO. 87-7 WAS REFERRED TO THE PLANNING COMMISSION, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Webb NOES: None ABSENT: None USE PERMIT NO. 87-4 Applicant: Sandy King/Sher Five Points A request to permit a hot dog/soft drink trailer in the parking lot on February 14, 1987, from 11:00 A.M. to 4:00 P.M. Subject property is located at 18593 Main Street (North side of Main Street west of Beach Boulevard - Five Points Shopping Center). This request is covered by Categorical Exemption, Class 4, California Environmental Quality Act, 1986. Staff informed the Board this was a request for a temporary outdoor event at Loehmann's Five Points Center. Hot dogs and soft drinks will be sold from a trailer which will occupy two (2) parking spaces. Staff has contacted the Police Department and they have expressed no concerns. Staff reminded the Board that this type of application did not require a Public Hearing since it was for an event of less than three (3) days. Staff recommended approval with conditions. Dennis Krejci asked Staff to be sure the conditions covered proper temporary electrical wiring, etc., for servicing the trailer, and - Staff said it had been handled. The applicant, Sandy King, was present and stated she had no questions or concerns for the Board. UPON MOTION"BY EVANS AND SECOND BY WEBB, USE PERMIT NO. 87-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: -2- 2/11/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page 3 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. 87-4 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. The access to and parking for the proposed use does not create an undue traffic problem. SPECIAL CONDITIONS OF APPROVAL: 1. The conceptual site plan received and dated January 26, 1987, shall be the approved layout. 2. Applicant shall provide for clean up of the area after closing of the event. 3. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 4. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. A Certificate to Operate shall be issued by the Department of Development Services as required by Section 9730.8 of the Huntington Beach Ordinance Code. 3. The Board of Zoning Adjustments reserves the right to revoke Use Permit No. 87-4 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. -3- 2/11/87 - BZA Minutes, H. B. Board of Zoning Adjustments February-.11, 1987 Page 4 AYES: Evans, Krejci, Poe, Smith, Webb NOES: None ABSENT: None ADMINISTRATIVE REVIEW NO. 87-2 Applicant: Ni-Mar Enterprises A request to permit a forty-eight thousand, five hundred fifty-nine (48,559) Square Foot industrial building. Subject property is located at 5340 Argosy Avenue (South side of Argosy Avenue approximately eight hundred seventy-five feet (8751) West of Graham Street). This request is covered by Environmental Impact Report No. 73-16. Staff reported this was a request for a new industrial building on the South side of Argosy Avenue. It requires eighty-eight (88) parking stalls and the applicant had provided ninety-five (95). The applicant has just presented Staff with a new site plan providing a turnaround which he indicated was satisfactory with Tom Poe of -the Fire Department. Staff has not had an opportunity to review this site plan but_the applicant has indicated all requirements are met. The Board was given copies of the revised site plan for their review.' Staff recommended approval if the site plan was acceptable to Fire and the Special Conditions amended by deleting the condition regarding a reciprocal driveway easement if the turnaround is adequate. Tom Poe stated the new site plan turnaround would satisfy -Fire's needs but he wanted the reciprocal driveway easement to remain. Ms. Phillips said it should read "an irrevocable offer to dedicate" the easement and Mr. Poe agreed. The applicant's representative, Nick Becker, was present and said he would appreciate the Board's approval of the site plan. Upon questioning by the'Chairman, Mr. Becker said he had not seen the conditions referred to by Staff, and Tom Poe gave him a copy. Florence Webb asked the applicant how many parking spaces were being eliminated by the turnaround and the Mr. Becker replied he still had the proper amount. Ms. Webb said the plan indicated he had removed eight (8)-or nine (9) spaces and Mr. Becker stated there were two (2) additional spaces which had not previously been counted. Ms. Webb than asked Mr. Becker if he had a problem with the irrevocable offer to dedicate the driveway easement to the adjacent property. Mr. Becker stated the property owner of Ni-Mar Enterprises was present and had said he would prefer fencing off the. property. Ms. Webb reminded the applicant's representative that the "offer" would have to be recorded so circulation could be provided -4- - 2/11/87 - BZA 1 Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page -.5- from one property to the other. Dennis Krejci asked if there was any grade differential between the two properties and the applicant's representative said there was no appreciable difference. Tom Poe said the gates would have to be approved by the Fire Department, and that fire lanes and fire hydrants would have to be provided subject to Fire Department approval. Mr. Poe stated the final drawings would be reviewed for compliance. UPON MOTION BY SMITH AND SECOND NO. 87-2 WAS APPROVED WITH THE FOLLOWING VOTE: SPECIAL CONDITIONS OF APPROVAL: BY POE, ADMINISTRATIVE REVIEW FOLLOWING CONDITIONS, BY THE 1. The floor plans and elevations received and dated January 15, 1987, shall be the approved layout, and the site plan received and dated February 11, 1987, shall be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 3. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 4. Prior to issuance of building permits, the applicant shall record an irrevocable offer to dedicate a reciprocal driveway easement at the South end of the property between the subject site and the abutting westerly parcel for the benefit of both parcels. The offer shall be for emergency access only and fire gates shall be approved by the Fire Department. 5. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. 6. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 7. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. -5- 2/11/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page 6 8. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 9. Maximum separation between building wall and property line shall not exceed two inches (2"). 10. Driveway approaches shall be a minimum of twenty-seven feet (271) in width and shall be of radius type construction. 11. There shall be no outside storage. 12. 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. 13. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 14. Low -volume heads shall be used on all spigots and water faucets. 15. 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. 16.. All.applicable Public Works fees shall be paid prior 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. Landscaping shall comply with Articles 951 and 960 of the Huntington Beach Ordinance Code. 4. The - Board of Zoning Adjustments reserves the right to revoke Administrative Review No. 87-2 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. AYES: Evans, Krejci, Poe, Smith, Webb NOES: None ABSENT: None -6- 2/11/87 - BZA Minutes, H. B. Board of Zcning Adjustments February 11, 1987 Page 7 TENTATIVE PARCEL MAP NO. 86-442 Applicant; Ascon Properties, Inc. A request to create three (3) parcels for financing purposes with no development to occur until future Public Hearings are and applications approved by the Planning Commission and City Council. Subject property is located at the Southwest corner Magnolia Street and Hamilton Avenue. This request is covered by Categorical Exemption, Class 15, California Environmental Quality Act, 1986. only, held Staff informed the Board this request was to divide the subject property into three (3) separate parcels for financing purposes only. The parcels will be 10, 10.71 and 18.7 acres in size and no proposed developments, zone changes, or land use requests have been received from the applicant at this time. Notices were sent to residents within a one-half (1/2) mile radius and Staff has received several calls expressing concerns over the property. Staff continued that the applicant received a copy of the conditions by hand delivery. The applicant has suggested that, prior to recordation of the final map rather than submission of the parcel map, a Developer's Agreement be approved by the City Council. Staff added that this wording, however, could be construed to obligate the City Council to enter into such an agreement and may not necessarily insure that the above -mentioned items would be completed over the entire site prior to development taking place anywhere else on the site. Ms. Phillips added that four alternative actions had been prepared for the Board - 1) approval with conditions as recommended by Staff, 2) approval with conditions as amended by the applicant, 3) denial of the Tentative Parcel Map, and 4) referral to the City Council because of the issues surrounding the site. Staff recommended approval with conditions as presented by Staff. Dennis Krejci stated a Tentative Parcel Map did not normally require a Public Hearing; however, pursuant to City Council direction and previous problems regarding this site, the Board is conducting this in the form of a Public Hearing. The Public Hearing was declared open by Chairman Krejci and the applicant's representative, Bill Hartge of RMG Engineering, Inc., was present. Mr. Hartge stated the applicant's sole reason for submittal of the map at this time was to receive approval for financing purposes only and it has been stipulated that there will be no development until after the full processes have taken place for rezoning, the Master Plan, and Coastal Commission approval. The applicant has indicated that Conditions l.a. through l.n. would be -7- 2/11/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page 8 completely unacceptable and would kill the project. Mr. Hartge continued there was no way the full site characterization and commitment to complete site remediation could take place or clean up of the site accomplished prior to recordation. These are items that have been discussed with Staff that could be incorporated into a Developer's Agreement. This site has been a problem for twenty-five (25) years and the City and the applicant need to work together to resolve it. The applicant is requesting approval of this map as a mechanism to obtain the money for restoration and clean up of the property. Parcel No. 1 is the 10.7 acre parcel fronting on Hamilton' Street, and a lending company could loan money if they have an identifiable piece of property. The applicant recognizes that all of these other Public Hearings will have to be held. Dennis Krejci asked Mr. Hartge why a lending institution would not lend money on the entire piece of property. Mr. Hartge replied there were already other obligations on the entire parcel and the title would have to be cleared up. Mr. Krejci asked what assurance the City would have to prevent two of the lots from being sold and the problem parcel left without improvements. Mr. Hartge stated the Developer's Agreement would protect the City from those things and would not commit the City to any specific zoning, such as R-3 for forty (40) or fifty (50) units per acre. However, it would provide the mechanism for rezoning and future development of the property. Mr. Krejci asked if the Developer's Agreement, as envisioned, would by law prohibit the sale of the other two (2) parcels and Mr. Hartge replied in the affirmative: Forrest Harrell, 9091 Bobbie Circle, called the Board's attention to the fact there was no indication on the map that the site contained hazardous materials and that the State Department of Health would have to take samples of the -site before any possible development. Mr. Harrell recommended denial of the request. Norma Vander Molen, 9472 Mokihana Drive, stated she felt this was an excellent way of getting the "mud dump" cleaned up, particularly the hazardous materials. She added that.she understood drillings had been done but other exploration would be required before any development of the site. She added that wording -should be changed to "be approved" rather than just "submitted for approval" for plans of this type. She further added she would not recommend committing the City Council to a Developer's Agreement - that it would be "putting the cart before the horse" and the residents of the area would not be in favor of it. Les Evans asked Ms. Vander Molen for clarification of her position on the issue. She stated the first thing needed was to find out what the site contained and to have the berms tested for stability. This was a means by which things could be accomplished for future development of the site. -8- 2/11/87 - BZA Minutes, H. B. Board of Zoning Adjustments February 11, 1987 Page 9 r„ Gisella Rasoe, 21602 Kaneo Street, said she thought this was a good attempt at cleaning up the area but the residents would like to know what will happen after that is accomplished. Mr. Hartge then informed the Board the applicant would have no objections to having the matter referred to the City Council for their consideration. There was no one else present wishing to speak for or against the Project so the Public Hearing was closed. Daryl Smith reiterated Mr. Hartge's comments that this site had been a problem for many years for the City and its residents. He added that an issue of this magnitude should be referred to the City Council for their review and action. UPON MOTION BY SMITH AND SECOND BY POE, TENTATIVE PARCEL MAP NO. 86-442 WAS REFERRED TO THE CITY COUNCIL FOR ACTION, BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Webb NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY SMITH AND SECOND BY EVANS, THE REGULAR MEETING WAS ADJOURNED TO'A STUDY SESSION ON TUESDAY, FEBRUARY 17, 1987, AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Evans, Krejci, Poe, Smith, Webb NOES: None ABSENT: None Glen K. Godfrey, Secretary Board Of.Zoning Adjustments jgh (7396d) -9- 2/11/87 - BZA