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HomeMy WebLinkAbout1988-01-13MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648 WEDNESDAY, January 13, 1988 - 1:30 P.M. ACTING ZONING ADMINISTRATOR PRESENT: Mike Strange STAFF MEMBERS PRESENT: Kelly Main Laura Phillips REGULAR AGENDA ITEMS: USE PERMIT NO. 87-87 in coni. with CONDITIONAL EXCEPTION NO. 87-91 Applicant: Applewood's Restaurants Inc. Use Permit No. 87-87 in conjunction with Conditional Exception No. 87-91 is a request to permit the addition of 623 sq. ft. of additional seating area, a waterscape and waterwheel to an existing restaurant located at 7148 Edinger Avenue. Use Permit No. 87-87 is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986, and Conditional Exception No. 87-91 is covered by Categorical Exemption, Class S, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request for an additional 600 sq. ft. to an existing restaurant. The addition requires 7 parking spaces and shares the site with Gemco. Staff is requesting a continuance on this item because tenants of Gemco have applied to expand their business and staff would like to meet with all applicants to discuss. the parking situation. The public hearing was opened, and the applicant was present stating that he had applied first and staff should consider not postponing his application. Bill Dean spoke in support of the project stating that the dinner house only needed parking at night. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Strange asked staff the mandatory processing date. Ms. Main stated that staff has to take action by January 18, 1988. Mr. Strange asked how many tenants were proposed -for the Gemco Site. Staff answered two, adding that it has not been determined whether or not the new tenant for the Gemoc building has applied for expansion and suggested it would be a good idea to have a new parking management plan for the site. Mr. Strange stated that he would approve the addition with a condition that the applicant would be required to enter into a parking management plan that Gemco submits. Ms. Main asked if the parking management plan would be required prior to issuance of building permlts. Mr. Strange stated yes. He added the waterwheel be reviewed by the Design Review Board. -1- OZA 1/13/88 USE PERMIT NO. 87-87 in conj. with CONDITIONAL EXCEPTION NO. 87-91 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL - USE PERMIT NO. 87-87: 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 No. 87-87 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 plan and elevations received and dated December 1, 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 Community Development 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/within twelve (12) months. 4. Landscaping and elevation plans shall be subject to the approval of the Design Review Board. 5. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. 6. 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. 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. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 9. Low -volume heads shall be used on all spigots and water faucets. 10. 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. -2- OZA 1/13/88 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. All signs shall be brought into compliance with Planned Sign Program outlined in Use Permit No. 76-52. All Signs shall be under separate permit. 4. Landscaping shall comply with Article 960 of the Huntington Beach Ordinance Code. 5. The Zoning Administrator reserves the right to revoke this use permit if any violation of these conditions of the Huntington Beach Ordinance Code occurs. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 87-91: 1. The granting of Conditional Exception No. 87-91 for reduction in the required parking for the restaurant addition will not have an adverse effect on adjacent properties for the following reasons:- - a. Only seven extra parking spaces are required for the addition; b. a reciprocal parking agreement with adjacent parcels exists; c. primary use of the restaurant will be in the evening. Two of the uses which share parking facilities with the restaurant are financial institutions with daytime operation only. d. a condition of approval of this variance is that a parking management plan for the shopping center site be provided. This should help mitigate any problems that might arise with parking. One hundred percent (100 %) of the site's parking is full size or handicap. 2. The granting of Conditional Exception No. 87-91 for encroachment into the site angle requirements by the addition will not have an adverse effect on the adjacent property to the west (the property which might be affected by encroachment) because the building to the west is already setback a great distance from the street with its parking lot actually being adjacent to subject restaurant. 3. The granting of Conditional Exception No. 87-91 for the reduction in required parking and encroachment into the site angle requirement will not adversely affect the General Plan of the City of Huntington Beach. 4. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 5. Because of special circurnstances applicable to the subject property, including location and surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property or privileges enjoyed by other properties in the vicinity and under identical zone classifications. 6. The access to and parking for the proposed use does not create an undue traffic problem. -3- OZA 1/13/88 7. A reduction in the required number.of parking spaces and encroachment into the site angle -requirement will not be detrimental to the general welfare of persons residing or working in the vicinity'.._.' CONDITIONS OF APPROVAL: 1. The floor plans and elevations received and dated December 1, 1987, shall be the approved layout. 2. All conditions of approval for Use Permit No. 87-87 shall apply. 3. -- Prior to issuance of building permits, a parking management plan for the shopping center site shall be submitted by the owner of the property and approved by the Department. of.'- Development Services and the Fire Department. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The develbpmeff sliail comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall'meet all applicable local; -State, and'l;ede'ral Fire Codes, Ordinances, and standards. ` 3. Landscaping -shall-r_ornply With' Article 960 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to- revoke Conditional Exception No. 87-91 if any violation of -these conditions of the Huntington Beach Ordinance Code occurs..',.- COASTAL DEVELOPMENT PEIZMIT� N0: 87-34` Applicant: D'Ambra, Inc. Coastal Development Permit'No." 87=35.is a�request to permit a 1,500 sq. ft. second story addition -to an existing single family dome located at 3502 Gilbert%Drive. This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1986. Staff member, Kelly Main, reported that this is a request for a'second story addition to a home on the waterfront of Gilbert Island. She stated that the request meets all code requirements for R 1 District and does not block access or view from the public right-of-way. She stated that a petition had been received from neighbors in opposition to the addition. Staff is recommending approval because there are other two story homes adjacent to the site, the two-story addition would not be inconsistent with its surroundings, and the applicant meets all the requirements of the Coastal Act. Mr. Strange read a letter from-D.J. Taylor in opposition of the request which had been received the morning of January 13, 1988. The public hearing was opened and Mr. and Mrs. Lindsay, applicants, were present. Mr. Lindsay stated that the horneowners in opposition are located on parcels that were not designated as view lots or waterfront property. He stated that they have a letter of approval from the Huntington Harbor Architectural Commission. Mr. D'Arnbra spoke in support of the project. He presented a model of the addition to the existing home for staff and the public to observe. -4- OZA 1/13/88 Mr. John Gerry, neighbor, spoke against the project stating that it would block his view of the water. There was no one else present to speak for or against the request so the public hearing was closed. Mr. Strange asked staff if they had inquired with the Attorney's office on this case. Ms. Main stated yes and unless property owners on the inner island bought some kind of view easement or waterfront view easement, there was no way staff could maintain that they have a right to that view and deny the application. Mr. Strange asked staff if in their research that they had found any view easements requiring those people on Gilbert to maintain a one-story building. Ms. Main answered that she could not find anything in her research, and the Homeowners Association reviewed the application and had not indicated that any kind of view easement existed. Mr. Strange stated that there was no reason why he could deny this application. COASTAL DEVELOPMENT PERMIT NO. 87-34 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS FOR APPROVAL: 1. The proposed single family residence 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 CZ suffix zoning requirements, the R 1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed single family residence can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. , The proposed single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal -Act. SPECIAL CONDITIONS OF APPROVAL: 1. • The site plan, floor plans, and elevations received and dated December 10, 1987, shall be the approved layout. 2. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 3. Proposed structures shall be architecturally compatible with existing structures. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 5. Low -volume heads shall be used on all spigots and water faucets. G. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. -5- OZA 1 / 13/88 7. Prior to issuance of building permits, the homeowner shall submit evidence that: the. =-plans have been reviewed and approved by the Homeowners Association. 8. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: ' �1- !• 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 Zoning Administrator reserves the right to revoke Coastal Development Permit No. 87-36 if any violation of these conditions of- the Hdkington'Beach Ordinance - Code occurs. ADMINISTRATIVE REVIEW NO. 87-36 Applicant: Mark Chi Administrative Review No: '87-36 is a request to permit construction of an approximately 14,700 sq. ft. industrial building to be sold as'industrial condominiums located on Palmdale - Street between Cain and Cedar Avenues. This request is covered by Negative Declaration No.- 87-54. Staff member, Kelly Main, reported that this application is for a two story industrial building. Ms. Main stated that the project meets all code requirements for that zone. Staff is recommending approval•and the applicant is to file for a tentative parcel map to make this a parcel prior to issuance of building permits. Mr. Strange requested that this project be required to go in front of the Design Review Board to review the elevations. ADMINISTRATIVE REVIEW NO. 87-36 WAS APPROVED BY THE ACTING ZONING ADMINISTRATOR• WITH THE FOLLOWING FINDINGS AND CONDITIONS: SPECIAL CONDITIONS OF APPROVAL: 1. The elevations received and dated December 23, 1987 shall be the approved layout. 2. A revised site plan shall be submitted depicting the modifications described herein: a. Units B, C, and D shall have less than 10% office space. b. One additional standard parking space. c. Revised office space square footage (960 sq. ft.) listed on the site plan for Unit A. 3. Prior to issuance of building permits, the applicant shall file a parcel map or parcel map waiver request to consolidate parcels. 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 Community Development prior to final inspection or occupancy. -6- OZA 1/13/88 4. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Community Development - 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. 5. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. - 6. A grading plan shall be submitted to and approved by the Department of Public Works prior to issuance of building permits. Grading plan shall show drainage from adjacent properties. 7. All public works improvements shall be constructed to the center line of Palmdale Street. 8. Street plans shall be submitted to and approved by the Department of Public Works. 9. Applicant shall install street lights per Public Works standards. 10. Elevations are subject to approval by the Design Review Board. It. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 12. Maximum separation between building wall and property line shall not exceed two inches (2"). 13. Driveway approaches shall be a minimum of twenty-seven feet (279 in width and shall be of radius type construction. 14. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 1.5. 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. 16. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 17. Low -volume heads shall be used on all spigots and water faucets. 18. 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. 19. Prior to issuance of building permits, the subject property shall record a irrevocable covenant restricting Unit A to 5,406 sq. ft. of warehouse and 965 sq. ft. of office area. 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 Communityy Development prior to occupancy. (Check the floor plans for designation of Unit A.) -7- OZA 1/13/88 20. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS: I. 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 Article 960 of the Huntington Beach Ordinance Code. 4. The Zoning Administrator reserves the right to revoke this administrative review if any violation of these conditions of -the Huntington Beach Ordinance Code occurs. STANDARD MITIGATING MEASURES: I. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an,offsite facility equipped to handle them. 2. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g., high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 3. 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 iftilities.•, 4. Existing mature trees on site shall be retained and incorporated into the site plan if feasible. Any existing mature tree that must be removed shall be replaced at 2:1 ratio with 36" box trees which shall be incorporated, into the project's landscape plan. 5. , If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department. 6. Prior to the issuance of- a grading permit, a grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 7. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Management District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. 8: If any hazardous materials are to be used on site, the business must comply with Chapter 1758 of the City's Municipal Code which requires any business that handles or stores hazardous materials, including waste, to inventory the hazardous materials on site and prepare a business emergency plan in case of an accidental release of toxic material. Additionally, all hazardous materials, including waste, must be handled and stored in accordance with the Uniform Fire Code. Waste oil is considered a hazardous waste. Ll -8- OZA 1/13/88 THE MEETING WAS ADJOURNED TO THE JANUARY It, 1987 STUDY SESSION BY THE ACTING ZONING ADMINISTRATOR. AA - Mike Strange Acting Zoning Administrator 2451r 11 -9- : - OZA 1/13/88