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HomeMy WebLinkAbout1994-09-14MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntinnton Beach California WEDNESDAY, SEPTEMBER 14,1994 - 1.30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The August 24 and September 7, 1994 minutes were continued. ITEM 1: USE PERMIT NO.94-64 (TEMPORARY OUTDOOR EVENT) CONTINUED FROM SEPTEMBER 7, 1994 ZONING ADMINISTRATOR MEETING Applicant: Gaston Villalba 200 Main Street, Suite 201 Huntington Beach, CA 92648 Request: To permit a one day temporary outdoor event for a Chili Cook -Off with live musical entertainment and alcohol sales on October 15, 1994 from 9:00 AM to 6:00 PM pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 321 Main Street (Area generally bounded by Main and 5th Streets and Olive and Orange Avenues). Jane Madera, staff planner, reported that this project was continued from last week's Zoning Administrator meeting, at the applicant's request, so that he could seek approval from the Redevelopment Agency for alcohol sales. In response to that, a memo was received today from the Redevelopment Agency stating that they are not authorizing the use of alcohol. Staff recommended approval of the event without alcohol with findings and conditions. Gaston Villalba, applicant, was present and stated that he had received approval for the sale of alcoholic beverages last Friday and then they changed their mind. Diane Easterling was present and stated that this item was heard last Wednesday evening and was not a public hearing. She also stated that she felt the item should have been continued to an evening meeting in view of the fact that City Council and Planning Commission have requested that anything pertaining to downtown be heard in the evening whether it is a public hearing or not. USE PERMIT NO, 94-64 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-64: 1. Use Permit No. 94-64 for the one (1) day temporary outdoor event for a chili cook -off with live entertainment on October 15, 1994 will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. There are no residences within the immediate vicinity of the project site and the event will last for one (1) day only. The even will not obstruct access to any other business in the area. b. Property and improvements in the vicinity of such use or building. The project is a temporary one (1) day even that will not effect or alter existing improvements in the area. 2. The granting of Use Permit No. 94-64 will not adversely affect the General Plan of the City of Huntington Beach. The General Plan allows for temporary commercial uses of this nature. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 8, 1994 shall be the conceptually approved layout. 2. Fire access lanes shall be maintained. This condition requires the alley to be open at all times. If fire lane violations occur and the services of the Fire Department are required, the applicant shall be liable for expenses incurred. 3. Fire access lanes shall be a minimum width of twenty-four (24) feet. 4. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. 5. This approval shall include necessary permits for temporary signs. 6. 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. ZA Minutes 9/14/94 2 7. The use shall conform to the following: a. No alcohol shall be permitted at the site. b. A minimum of ten (10) porta-potties shall be provided on -site. C. A minimum of five (5) trash receptacles shall be provided on -site. d. A minimum of four (4) identifiable security guards shall be present from one hour before opening to one hour after closing. e. The hours of operation shall be from 9:00 a.m. to 7:00 p.m. only. The operation hours restriction includes set-up and clean-up time. INFORMATION ON SPECIFIC CODE REQUIREMENTS The event 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 94-64 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor even applications a minimum of ninety (90) days prior to the event. Failure to provide adequate notice may result in denial of the request. ITEM 2: TENTATIVE PARCEL MAP NO.94-121/ADMINISTRATIVE REVIEW NO.94-5 WITH SPECIAL PERMIT FOR COMPACT PARKING Applicant: Dalcin Cummins Associates 17625 Crenshaw Blvd. Suite 300 Torrance, CA 90504 Request: Tentative Parcel Map: To permit the subdivision of one (1) parcel of land into four (4) parcels for industrial purposes pursuant to Section 9930 of the Huntington Beach Ordinance Code. Administrative Review with Special Permit: To permit an existing 425,000 square foot warehouse building to remain on a newly proposed parcel of land with a special permit for 20% of the parking stalls to be compact in size. Location: 15202 Graham Street ZA Minutes 9/14/94 Jane Madera, staff planner, reported that this application was a request for a tentative parcel map located near Graham and McFadden. This request is to subdivide one parcel of land into four (4) industrial parcels. Staff stated that the administrative review portion of this request is necessary because there is an existing building on the site and the request is that this building remain. Staff stated that there is a special permit with this request for compact parking on parcel two where the existing building is located. Staff stated the administrative review requires parking be met on this site of 425,000 square foot warehouse and the office space is less than 10% of the existing floor area. Parking calculation is based on 1 parking space for every 1,000 square feet, therefore, 425 spaces are required and staff recommends a covenant be placed on Parcel 2 to restrict all future uses to warehouse. Staff reported that landscaping requirements are being met on Parcel 2. Staff recommended approval with findings and conditions. The applicant, David Shockley, was present and questioned the covenant in regards to parking. Mike Strange, Zoning Administrator, responded that parking on Parcel 2 only works if the building is used as warehouse, therefore, staff suggests a covenant to ensure future uses are also warehouse/storage. TENTATIVE PARCEL MAP NO. 94-121/ADMINISTRATIVE REVIEW NO. 94-5 WITH SPECIAL PERMIT FOR COMPACT PARKING WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL FOR TENTATIVE PARCEL MAP NO. 94-121: 1. The proposed subdivision of one (1) parcel into four (4) parcels for purposes of general industrial use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives or 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 M1-A Restricted Manufacturing, allowing general industrial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed four (4) lot subdivision are proposed to be constructed in compliance with standard plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. ZA Minutes 9/14/94 - 4 CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 94-121: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: Prior to final recordation of the parcel map, the surveyor/engineer shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. Prior to recordation of this parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 3. All vehicular access rights to Graham Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. 4. The water system shall be dedicated to the City of Huntington Beach. 5. All water lines and appurtenances shall be located within easements dedicated to the City of Huntington Beach. 6. Remove Parcel 5 from map and guarantee vehicular access to all four (4) parcels through an easement. The easement shall be subject to review and approval by the Public Works and Community Development Departments prior to release of the final map. 7. The applicant shall submit a convenant restricting the use of the existing building on Parcel 2 to warehouse only. Prior to recordation, the covenant shall be reviewed for form and content by the City Attorney's Office. A copy of the recorded covenant shall be submitted to the Community Development Department. 8. Additional conditions of approval regarding the Administrative Review will be required if the project is approved. ZA Minutes 9/14/94 ITEM 3: USE PERMIT NO.94-46/CONDITIONAL EXCEPTION (VARIANCE) NO 94-25/ DESIGN REVIEW BOARD NO.94-17 Applicant: Studio 3 Architects Julio Gener 1742 New Hampshire Costa Mesa, CA 92626 Request: USE PERMIT: To permit exterior facade modifications to an existing commercial structure with non -conforming sideyard setbacks pursuant to Section 9652 (c) of the Huntington Beach Ordinance Code. CONDITIONAL EXCEPTION (VARIANCE): To permit five (5) foot wide landscape planters along the street side property lines in lieu of the minimum six (6) foot wide planters required. The application includes a request to permit parking stalls without forward travel to and from a dedicated street and without on -site circulation between all parking areas pursuant to Sections 9607.7 and 9601 of the Huntington Beach Ordinance Code. Location: 16091 Beach Boulevard Jane Madera, staff planner, reported that this was a request for a use permit to utilize an existing commercial building located on the corner of Beach and Aldrich and to occupy the building with a mattress store. Staff stated that the building is non conforming to the current code in regards to setbacks. The exterior along Aldrich Street requires a ten (10) foot side yard setback and five (5) foot is currently in place. The rear property line also requires a ten (10) foot setback and currently has a five foot, seven inch (57') setback. Staff stated that this request also includes a variance for landscape planter reduction. Applicant is proposing a five (5) foot wide planter in lieu of a required six (6) foot wide planter. Staff stated that the request includes a variance to permit parking stalls without forward travel to and from a dedicated street and without internal circulation. Staff stated that the plan went to Design Review Board and presented the plan that the Board saw and that they recommended approval of the project with conditions. Staff recommended approval of the use permit request and the landscaping variance. Staff recommended denial of the variance of the parking request without forward travel because the two (2) stalls adjacent to Aldrich Street proposed a potential traffic hazard to pedestrians, bicyclists, and vehicles as cars must blindly back out of the stalls into a local street. Staff recommended that instead of parking stalls the applicant landscape this area. THE PUBLIC HEARING WAS OPENED. The property owner, Ron Beard, stated that he was extremely opposed to the landscaping requested along Aldrich. He stated that they needed the parking spaces in this area, that only employees would park there, and that the employees would be aware of the traffic hazards. The applicant, Julio Gener, stated that the proposed project would be an improvement to the area and requested approval of the application. There were no other persons present to speak for or against this request. ZA Minutes 9/14/94 6 THE PUBLIC HEARING WAS CLOSED. USE - PERMIT NO. 94-46/CONDITIONAL EXCEPTION (VARIANCE) NO. 94- 25/DESIGN REVIEW BOARD NO. 94-17 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-46: Use Permit No. 94-46 for exterior facade modifications to a structure with non- conforming setbacks will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The exterior facade improvements will not create any negative noise or visual impacts to the surrounding commercial and residential uses. The remodeled retail mattress store will be compatible with other uses in the vicinity. b. Property and improvements in the vicinity of such use or building. The remodeled retail commercial project will improve the site aesthetically with new facade treatments, landscaping and parking that meet current code requirements with the exception of conditionally approved variances. 2. The granting of Use Permit No. 94-46 will not adversely affect the General Plan of the City of Huntington Beach. The exterior facade modifications to a structure with non- conforming setbacks is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO. 94-25: The granting of Conditional Exception No. 94-25 for reduction in landscape planter width and parking stalls without on -site circulation will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Other projects along Beach Boulevard have been granted reductions in landscape planter widths and have been permitted to utilize existing parking spaces that do not have internal circulation or require backing into a street or alley. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The subject property is a corner site with an unusual "L" shape that cannot be developed as easily as standard shaped lots. In addition, the subject property is required to dedicate five (5) feet of land along Aldrich Street to the City for street widening purposes. The dedication, where curb, gutter, and sidewalk improvements are already in place, further restricts the use of the property. ZA Minutes 9/14/94 7 3. The granting of Conditional Exception No. 94-25 is necessary in order to preserve the enjoyment of one or more substantial property rights. Approval of the variance requests allows the property to proceed to remodel the property and make facade improvements for a new tenant. 4. The granting of Conditional Exception No. 94-25 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. With the conditions of approval imposed, the two parking spaces receiving a variance will be designated and posted for employee parking only in order to reduce potential traffic conflicts when entering and leaving the site. 5. The granting of Conditional Exception No. 94-25 will not adversely affect the General Plan of the City of Huntington Beach which permits and encourages retail sales and commercial uses in this area. a. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 94-25 is sought and he will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL -USE PERMIT NO. 94-46: 1. The site plan, floor plans, and elevations received and dated July 20, 1994 shall be the conceptually approved layout with the following modifications: a. The landscape planter along Beach Boulevard shall be increased by two and one- half (2 1/2) feet in width to allow a two and one-half (2 1/2) foot vehicle overhang. The revision will decrease the length of the parking stalls to sixteen and one-half (16 1/2) feet. b. The loading area shall be relocated a minimum of forty-five (45) feet from any residential property line. c. Include one (1) handicapped parking stall. d. The two (2) parking stalls adjacent to Aldrich Street shall be designated and posted as employee parking only. 2. A revised site plan shall be submitted depicting the modifications described above. 3. The applicant shall file a parcel map or parcel map waiver request to consolidate the subject property within forty-five (45) days of this approval action (by October 31, 1994). 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 within one -hundred and twenty (120) days of this approval action (by March 27, 1995). ZA Minutes 9/14/94 4. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A Landscape Construction Set submitted to the Public Works Department. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Section 9607 and of the Huntington Beach Ordinance Code. The set must be complete and approved by both Community Development and Public Works Departments prior to issuance of building permits. b. The subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent 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 Community Development prior to occupancy. Public Works Requirements: a. The property owner shall dedicate the following to the City: 1. Five (5) feet off of Aldrich Street. 2. Twenty-five (25) foot corner radius at Beach Boulevard and Aldrich Street. b. All applicable Public Works fees shall be paid prior to issuance of building permits. C. 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. 6. The use of the property shall conform to the following: a. There shall be no outside storage of vehicles, vehicle parts, equipment, or trailers, or mattress. b. There shall be no loading activities between the hours of 10:00 p.m. and 7:00 a.m. 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. 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. ZA Minutes 9/14/94 X 9. 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. 10. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 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. 4. The major identification sign shall be removed or altered to comply with Article 961 within ninety (90) days of the approval date. 5. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 6. The Zoning Administrator reserves the right to revoke Use Permit 94-46/Conditional Exception No. 94-25/Design Review Board No. 94-17 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, SEPTEMBER 21,1994 AT 6:00 PM. A 1; MtL Mike Strange Zoning Administrator :lp ZA Minutes 9/14/94 10