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HomeMy WebLinkAbout1992-12-16MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, DECEMBER 16, 1992 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange STAFF MEMBERS• MINUTES• ITEM 1: USE PERMIT NO. 92-60 Wayne Carvalho The Minutes of December 2, 1992 Zoning Administrator Meetings were approved. Applicant: John/Angelo Lardas P. 0. Bog 1260 Costa Mesa, CA 92628 Request: To permit the addition of a McDonald's playland including ancillary outdoor seating, and the modification of a previously approved site plan pursuant to Section 9220.1(c) of the Huntington Beach Ordinance Code. Location: 6561 Edinger Ave. Wayne Carvalho, Staff Planner, reported that the request was continued from the November 18, 1992 Zoning Administrator Meeting to allow time to resolve issues between the surrounding property owners and McDonald's. Staff indicated that the applicant came to an agreement with the property owners to modify the site plan by removing the access easement in the rear of the property. However, staff indicated that recorded Parcel Map No. 12-31 included a fifteen (15) foot access easement along the north property line. Staff concluded by recommending continuance in order to discuss options with the two (2) property owners who are bounded by the Parcel Map. THE PUBLIC HEARING WAS REOPENED. Sharon Collins, representing McDonald's, said they had worked with the residents per the Zoning Administrator's request. She said that the residents were opposed to the rear access because of noise and trash. McDonald's agreed to close off the access and add parking spaces and landscaping. Ivan Ulloa, 6581 Edinger Avenue, was present and spoke in opposition to the request. He indicated that he was the operator of George's Mexican Restuarant located to the east of McDonald's. He further stated that he requested to remove the easement to provide additional parking but was denied by the City two years ago. He indicated that McDonald's patrons often use his parking lot and that the addition of the McDonald's Playland could intensify the problem. John Lindy, 6562 Limerick Drive, indicated that the owners had worked with McDonald's and were in support of their revised request. He stated if the Zoning Administrator did not approve the revised request, the owners may be in opposition to the request. There were no other persons present to speak for or against the request and the public hearing was closed. Staff reported that the easement could possible be removed by having both property owners request it of the City. However, staff recommended that there be reciprocal access between properties, whether at the rear of the property or wherever feasible. USE PERMIT NO. 92-60 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 92-60: 1. The establishment, maintenance and operation of the proposed playland and modified site plan will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed playland will be situated on the south side of the building, reducing any noise impacts to residential areas. The partial replacement of the previously approved landscape planter will allow for additional parking spaces while providing vehicular access to the recorded access easement which exists between all of the commercial properties. 1 ZA Minutes - 12/16/92 -2- (5396d) b. Property and improvements 'in the vicinity of such use or building. The location, site layout, and design of the proposed playland and landscape planter properly adapts the proposed parking to streets, driveways, and other adjacent structures and uses in a harmonious manner. With the conditions imposed, the proposed access and additional parking will not create an undue traffic problem. Furthermore, the easement will provide additional emergency access to the site. 2. The granting of Use Permit No. 92-60 will not adversely affect the General Plan of the City of Huntington Beach. The proposed planter modification is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated November 17, 1992 shall be the conceptually approved layout with the amendments included thereon. 2. A maximum 176 square feet of outdoor dining area shall be permitted in addition to the playland. 3. A minimum four (4) foot wide planter (inside dimension) shall be provided along the south side of the 15 foot wide access easement except at the location approved for vehicular access. Intensified landscaping shall be provided (minimum 24 inch box trees, twelve feet on center). 4. A revised copy of the approved site plan shall be submitted to the Department of Community Development for inclusion in the entitlement file. 5. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 7. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Four (4) sets of landscape and irrigation plans to the Department of Community Development and Public Works for review and approval. b. All applicable Public Works fees shall be paid. ZA Minutes - 12/16/92 -3- (5396d) 8. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director of Planning. In no case shall they be within the setback areas along Pacific Coast Highway. All such apparatuses shall be depicted on the site plan prior to issuance of building permits. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/use of playland area. 10. "The applicant/owner shall be responsible for payment of Traffic Impact fees prior to issuance of a Certificate of Occupancy and/or final building permit approval." 11. 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. 12. 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. INFORMATION ON SPECIFIC CODE_REOUIREMENTS: 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 Use Permit No. 92-60 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: CONDITIONAL EXCEPTION NO. 92-41 Applicant: Ruben Burrola, Archeion 6 Morgan, Ste. 100 Irvine, CA 92718 Request: To permit a variance for reduced landscaping (5.5% in lieu of the required 8%) for a newly constructed industrial building pursuant to Section 9607.1 of the Huntington Beach Ordinance Code. Location: 17311 Nichols Street ZA Minutes - 12/16/92 -4- (5396d) Wayne Carvalho, Staff Planner,;,reported that the request is for reduced landscaping for a newly constructed industrial building. Staff advised that Administrative Review No. 92-10 was approved on July 22, 1992 for a new 100,000 square foot building. Staff indicated that the applicant originally submitted a conditional exception application for reduced landscaping to be processed concurrently with the administrative review. However, the conditional exception application was withdrawn to avoid a required public hearing. As a result, the approved site plan included a twenty (20) foot wide landscaped planter along the west side of the railroad spur. Staff concluded by recommending denial with findings based on the lack of any land -related hardship. THE PUBLIC HEARING WAS OPENED. Al Shankle, representing the applicant, advised that they had reviewed their proposed site plan with Redevelopment Staff and Planning Staff prior to their original Public Hearing. In order to save time, they had not included the variance request at the time of the original approval. He advised that their request was to eliminate the requirement for landscaping along the railroad right-of-way which can not be seen from the street. Hossein Afshari, representing the applicant, said that the lot frontage is narrow and they had fully landscaped the front. The site presents the image of being fully landscaped. There were no other persons present to speak for or against the request and the public hearing was closed. CONDITIONAL EXCEPTION NO. 92-41 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR DENIAL - CONDITIONAL EXCEPTION NO, 92-41: 1. Granting of Conditional Exception 92-41 for reduced landscaping (5.5% in lieu of the required 8% of the site) would constitute a grant of special privilege inconsistent with limitations upon other industrial properties in the vicinity. New industrial developments are required to provide a minimum of eight (8%) percent landscaping throughout the site. 2. Because there are no special circumstances applicable to the subject property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under an identical zone classification. The property conforms with the minimum lot size and frontage requirements and is relatively flat. ZA Minutes - 12/16/92 -5- (5396d) 3. The granting of Conditional Exception 92-41 is not necessary to preserve the enjoyment of one or more substantial property rights. The industrial property was recently approved for a new 100,000 sq. ft. building that complied with all provisions of the Huntington Beach Ordinance Code. Due to the size and design of the building, the alleged hardship was self-imposed. As a result, being aware of an eight 8% landscaping requirement, the applicant proposed a twenty foot wide planter along the west side of the rail spur to comply with code. 4: The granting of Conditional Exception 92-41 will be materially detrimental to the public welfare or injurious to property in the the same zone classification. The reduced landscaping requirement will set a precedent for such a request and may impact conforming industrial properties under the same zone classification. THE MEETING WAS ADJOURNED AT 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 23, 1992, AT 1:30 PM. Mike Strange Zoning Administrator 1 :jr ZA Minutes - 12/16/92 -6- (5396d)