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HomeMy WebLinkAbout1988-05-18[1 MINUTES HUNTINGTON BEACH OFFICE OF- ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA 92648= WEDNESDAY, MAY 18. 1988 - 1:30 P.M. ACTING ZONING ADMINISTRATOR PRESENT: Mike Strange STAFF MEMBERS PRESENT: Tom Rogers Kelly Main REGULAR AGENDA ITEMS: CONDITIONAL EXCEPTI Applicant: Richard Astle A request to allow for backing Into alley for five parking spaces and two feet in lieu of ten foot wide landscaping along Oak Lane. The subject property is located at 7742 Warner. This request is covered by Categorical Exemption.' Class 5. California Environmental Quality Act, 1986.- • Tom Rogers, staff member, reported that Public Works is asking that 30 feet be dedicated for the widening of Warner Avenue. He indicated that there is a 27 foot requirement for backing up into a drive aisle. Redevelopment and Public Works staff oppose this variance request as a precedent could be established. If the adjacent lots were developed in a like manner, a hazardous situation would be created. Staff recommended denial with findings. The Public Hearing was opened and Richard Astle was present. He stated that due to the small size of the lot, it would be almost impossible to develop the property without granting.a variance for the parking spaces backing into the alley. There was no, one else present wishing to speak ,for or against the project and Public Hearing was closed. CONDITIONAL EXCEPTION NO. 88-21 WAS DENIED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS: FINDINGS FOR DENIAL: • •1. - The proposed parking layout will not be compatible with adjacent properties:. 2. Ingress and egress to the site as shown on the plan has the potential of creating a traffic hazard in the public right-of-way. - t: Raymond and Ophelia Gutierrez The Conditional Exception request is to allow a variance in parking from' the required 80 spaces to the existing 62 spaces.. The Use Permit request is to expand an existing restaurant with seating greater than 12. The subject property, is located at 16952 Bolsa Chica. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. Kelly Main, staff member, reported that if the subject suites in the commercial center were occupied with a retail use, 77 parking spaces would be required. Because the request is for a restaurant with seating over 12, the parking requirement goes up an additional 3 - spaces which changes the parking requirement for the site to 80 spaces for the center. A previous approval by the Board of Zoning Adjustments granted a variance approving 66 spaces for the site. Staff recommended denial because the site is already non -conforming for parking spaces. An alternative action presented by staff would be to approve the request with added the conditions that an irrevocable reciprocal driveway agreement be entered with the property owner to the north, the proposed dining room area be limited to use after S:00 PM, and the entrance to both,sections, of -the restaurant be limited to one. The Public Hearing was opened and Raymond Gutierrez was present. He stated that his request for a variance for three parking spaces was reasonable because the actual parking spaces being used are far less than the code.requires. Kelly Main indicated that the medical building in the center is vacant and when it is occupied, patients and staff will use the spaces now unoccupied. Mike. Strange asked the applicant if he would concur with the staff alternative to operate in the evening. Mr. Gutierrez responded that the staff alternative would not be acceptable. Sid Crosley was present, to speak for *6,. roject. The parking lot is under-utilized; and, in the past when the medical center.was`occupted, there was never a parking problem. hs �_-•- There was no one else present -.wishing to speak for or against the project and Public Hearing was closed. CONDITIONALEXCEPTIONNO. 88-17 IN CONJUNCTION WITH USE'PERMIT NO. 88-20 WAS CONDITIONAL APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: 1. The granting of a Conditional Exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 2. The granting of Conditional Exception No. 88-17 will not be materially detrimental to the public welfare,, or injurious to property in the same zone. classifications. , 3. The granting of the Conditional Exception will not adversely.affect the General Plan of the City of Huntington Beach. -2- (3113r) 4. - With the Conditions of Approval placed upon Conditional Exception No. 88-17, the access to and parking for the proposed use will not create any further traffic problems. 5. Irrevocable reciprocal parking and driveway easements with the adjacent property to the north, along with limited hours for the proposed addition, should help - alleviate any parking problems created by -the addition to the restaurant. 6. The granting of a Conditional Exception will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. 7. For this 560 sq. ft. suite, the actual difference in parking required by Code for a,. retail use (which would be allowed without entitlement) and for a restaurant of this suite is three spaces. SPECIAL CONDITIONS OF APPROVAL CONDITIONAL EXCEPTION NO.88-17: 1. Conditions of Approval for Use Permit No. 88-20 shall apply. 2. The proposed addition shall be limited to use after 5:00 PM only, Sunday through Saturday. This condition, along with a condition requiring reciprocal parking easements with the site to the north, should alleviate congestion in the center throughout the day when use of the area is most intense. 3.. Prior to issuance of building permits, the subject property shall enter into irrevocable reciprocal driveway and parking easements between the subject site and adjacent property.to the north. 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 Community Development prior to occupancy. FINDINGS FOR APPROVAL USE PERMIT NO 88-20: 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. SPECIAL CONDITIONS OF APPROVAL USE PERMIT NO 88-20: 1. The site plan, floor plans, and elevations received and dated April 12, 1988 shall be the approved layout. ... _ a. The floor plans shall be approved by the Building Official and the Fire' Department. - -3- (3113r) b. Site plan shall be labeled and diminsioned to indicate parking and driveway easements with adjacent property to the north. 2. All exit doors, front and rear, shall have panic hardware subject to the approval of the Fire Department. 3. All repair work shall be conducted wholly within the building. 4. All building spoils, such as unusable lumber, wire; pipe,- and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. The Building Official shall determine occupancy. 6. - Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. All applicable Public Works fees shall be paid prior to issuance of building permits. INFORMATION ON SPECIFIC CODS 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: applicant•'shall..obtain,,the-necessarypermits".from the'South CoastAir Quality '-Management�District:` •,:_ . �•_..:� , .�. ��;;;;,f • t,...,� _ , .. , ;c.r; .. r:--. . . 4. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. All'signs.require•separate permits.; 5:., The -Zoning, Adminis'tratot, reserves -the right-, to:revoke•_Use.Permit, No. 88-20 and - Conditional` -Exception -No:" • 89-17 . if any -violation - of these • conditions of the . - - Huntington•'Beach.Ordinance!.Code occurs. :. j • ....R.= USE -PERMIT NO. 88-27 _ Applicant: Oshman's Sporting Goods A request, to permit a temporary outdoor event for a tent -sale in the parking lot on May 20, 1988 through May 23, 1988. The subject property is located at 15021 Goldenwest. This request is covered by -Categorical Exemption; - Class 4, California Environmental Quality Act, 1986. Staff:member; Tom Rogers,'reported that`for the`•last`four years Oshman's has held a tent sale at this location. Staff recommended approval with conditions. Robert Haas', representing Oshman's, -was present. He said that the date was incorrect as the tent would be put up on May 18, 1988. Mr. Strange advised that if the event was over three days it would require a public hearing. The tent could be put in place but the sale could only be approved for three days. -4- (3113r) 1 USE PERMIT NO. 88-27 WAS CONDITIONAL APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS: 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 No. 88-27 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated May 6, 1988 shall be the approved layout. 2. The 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. 5. Provide a minimum of thirty (30) feet back up area - for parking space. bay located to the south of the tent. 6. Sidewalks shall be maintained at a clear width of four feet (4'). 7. Two (2) parking spaces adjacent to the north side of the tent and two (2) parking spaces adjacent to the south side of the tent shall remain clear for turn around purposes. - INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The applicant shall meet all applicable local, -State, and Federal Fire Codes, Ordinances, and standards. 2. The applicant may erect the tent and have the sale provided that all conditions - of approval have been met. 3. Zoning Administrator reserves the right to revoke Use Permit No. 88-27, if any violation of these conditions of the Huntington Beach Ordinance Code occurs. . -5- (3113r) ADMINISTRATIVE REVIEW NO, 88-17 Applicant: AT-3 Associates, -Inc. A request to construct an 11,513 square foot industrial building on a vacant lot. The subject property is located at 15661-15681 Container Lane. This request is covered by Negative Declaration No.-73-16. Staff Member, Tom Rogers, reported that the.- project meets all code requirements and recommended approval with conditions. ADMINISTRATIVE REVIEW NO. 88-17 WAS CONDITIONAL APPROVED BY THE ACTING ZONING ADMINISTRATOR WITH -THE FOLLOWING CONDITIONS: SPECIAL CONDITIONS OF APPROVAL: 1: The site plan, floor plans, and elevations -received and dated,April•26, 1988 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:.... 4. Building addresses shall meet Huntington Beach Fire Department requirements. 5. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations.::Said•-,system- shall have central station monitoring for water flow and tamper, 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. Maximum separation between building wall and property line shall not exceed two inches (211). 8. Driveway approaches shall be a minimum of twenty-seven- feet (27') in width and shall be of radius type construction. 9. All repair work, if any, shall be conducted wholly within the building. 10. 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. 11. Natural gas shall be stubbed in at the locations of'cooking facilities, water heaters, and central heating units. 12. Low -volume heads shall be used on all spigots and water faucets. -6- (3113r) 13. 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. 14. 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. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District, if applicable. 4. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks, if applicable. 5. Prior to the issuance of building permits, a detailed soils analysis shall be prepared and submitted to the Department of Public Works for approval 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. 6. Prior to the issuance of building permits, a grading plan shall be submitted to the Department of Public Works for approval. 7. Landscaping shall comply with S. 960 and 951 of the Huntington Beach Ordinance Code. 8. The Zoning Administrator reserves the right to revoke Administrative Review No. 88-17 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED TO THE MAY 23, 1988 STUDY SESSION BY THE ACTING ZONING ADMINISTRATOR. I Mi hael Strange Acting Zoning Administrator :jr -7- (3113r)