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HomeMy WebLinkAbout1997-07-23MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 23,1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Amy Wolfe, Wayne Carvalho, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: The April 30, 1997 minutes were approved. ORAL COMMUNICATION: None Item No. 2 was moved to the front of the agenda. Please note the minutes will reflect actions taken in the originally scheduled order. ITEM 1: CONDITIONAL USE PERMIT NO.97-42/VARIANCE NO 97-10 (WALLGREENS PHARMACYZ(CONTINUED FROM THE JULY 23,1997 MEETING) APPLICANT: Evergreen Devco Inc.,1300 E. Missouri, Suite A-200, Phoenix, AZ 85014 PROPERTY OWNER: William L. Lamb, PO Box 87, Winchester, CA 92596 REQUEST: To permit construction of a drive -through Wallgreens Pharmacy. The variance request is for a building height of 22'-6" in lieu of 18'-0", within 45'-0" of a residential district. LOCATION: 9542 Garfield Avenue (southeast corner of Garfield Avenue and Bushard Street) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed a color and material board, photographs, site plan and elevations and stated the request is to permit construction of a drive -through Wallgreens Pharmacy at 9542 Garfield Avenue. The variance request is for a building height of 22'-6" in lieu of 18'-0", within 45'-0" of a residential district. The project site is vacant and located at the southeast corner of Garfield Avenue and Bushard Street within a commercial district. The proposed building will be located approximately 54 feet from a townhome complex, 75 feet from another to the south and approximately 175 feet from the closest single family residential dwelling. The request will include landscaping in excess of 24 percent of the site, and parking which also exceeds the minimum required ten (10) parking stalls by 25 parking spaces. The color scheme for the project differs from the Wallgreens Pharmacy, which currently exists on Beach Boulevard. The applicant is proposing concrete roof tile and a lower treatment of split face rock finish, light brown in color. Staff is recommending some changes to the applicant's proposal. Staff recommends incorporation of a shatter resistant plastic window treatment for safety reasons and specific planning conditions to address aesthetic concerns. Staff recommends the replacment of the proposed split face block with a slate veneer and utilization of clay with tile treatment, rather than concrete roof tile. Staff recommends that the proposed bollards at the drive through lanes be replaced with landscaped planters. Staff also believes that it would be beneficial to close the pedestrian access point between the proposed development and the residential area. Overall, the proposed request will be a viable use compatible with the surrounding properties and staff is recommending conditional approval. Herb Fauland, Zoning Administrator, asked staff to review the findings for approval for the variance. Staff stated that this is a corner site and is subject to greater setbacks along both Garfield Avenue and Bushard Street. The original intent of maintaining the 18 feet height limit was to discourage two- story commercial buildings towering over single family homes. In this case however, the adjacent residential buildings are three (3) stories in height. In addition, the area that exceeds the height is limited, allowing the project to proceed and allowing the property owner the potential property rights for the development of this site. Mr. Fauland asked staff if the two (2) palm trees would be preserved. Staff stated that they were not included in the plan but that question may be better addressed by the applicant. Mr. Fauland asked staff if the existing wood fence will be replaced with a six (6) foot high wall. Staff stated that it would and they are recommending a treatment on this particular wall consistent with the block wall treatment for the opposite side. Mr. Fauland asked staff the proposed hours of operation. Staff stated they are requesting 24 hour operation. Mr. Fauland asked staff if they had investigated the pedestrian access. Staff stated they had researched the pedestrian access point and was unable to determine if an offer for reciprocal access was made by the townhome complex. Mr. Fauland stated that although the General Plan goals and policies refer to pedestrian access, he feels the existing gate at Garfield Avenue will be sufficient for access to the site by adjacent townhome residents. Bruce Crosby, Public Works, stated they would like a revision to condition No. 5.g. to reflect that the developer will re -stripe the center lane to allow full -turning movements into and out of the Bushard driveway. Also, the re -striping shall be substantially similar to the Conceptual Striping Plan in Figure 1 of the Traffic Study prepared by Albert Grover & Associates dated July, 7 1997. THE PUBLIC HEARING WAS OPENED. Dennis O'Neil, 19900 MacArthur Boulevard, Suite 1050, Irvine, representing applicant, stated that they are not in concurrence with staff regarding Condition Nos. l.a. and l.d. Condition No. La. refers to the shatter resistant plastic window panels in lieu of glass panes, clay roof tile, and slate stone veneer wainscoting along all exterior buildings walls and columns. Condition No. l .d. refers to the bollards being replaced with a landscape planter at the drive -through areas. ZA Minutes - 7/23/97 2 (97ZM0723) Bruce Pomeroy, 200 N. Maryland, #201, Glendale, representing applicant, stated that the materials were chosen by the applicant for their appearance and long term durability and they would prefer to keep the proposed materials. He also stated concern regarding the "Lexan'plastic windows and would prefer to go with the proposed tempered glass. He stated that they would prefer to paint the bollards to match the building in lieu of staff suggested landscape planters at the drive -through lanes. Jeffrey Gradow, area business owner, spoke in support of the request. Johanna Hendries, 9511 Bass Drive, adjacent resident, stated concern with Condition No. l.c. for a six (6) foot high wall, preferring an eight (8) foot high wall to preserve the property values of the adjacent residences, by allowing less visual intrusion. Terry Dunne, 19052 Windridge Lane, President of the Windridge Townhome Association, was concerned about the condition of the existing wall and whether it would be repaired. He also stated that he would like to see the existing pedestrian access in the wall closed. Mr. Dunne stated concern regarding the proposed 24 hour operation. Richard W. Harper, 19040 Windridge Lane, adjacent resident, stated he would like to see the pedestrian access in the existing wall closed up. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland, Zoning Administrator, asked the applicant's representative Bruce Pomeroy to address the issues raised by the adjacent residents. Mr. Pomeroy stated that they were planning to close the pedestrian access at the existing wall. He stated that the 24 hour operation would be dependent on the market for this type of service. He stated they are making a large commitment, and the 24 hour operation is part of the plan. He stated the speakers for the drive -through will not create a noise problem. He also stated that they do not have a peak activity period. Mr. Pomeroy stated they would be willing to increase the wall height to eight (8) feet. He also stated that they do have a property maintenance program that would cover graffiti. Mr. Fauland asked the applicant if there were any plans to preserve the two (2) palm trees in the corner of the site. Mr. Pomeroy stated they would be maintained if they were not dying. Mr. Fauland stated he would ask staff to structure a condition that the trees be preserved unless they are identified as dying. He also stated that he would condition the southerly block wall to be eight (8) feet in height, that the 24 hour operation be limited to Wallgreens store and be eliminated if the use was turned over, and amend Condition No. 5.g. as requested by Public Works. He also stated he would impose a six (6) month review of the use following issuance of Certificate of Occupancy, to assure the 24 hour service and speaker phone do not become a noise detriment to the surrounding residences. Mr. Fauland stated that the pedestrian access to the east will be closed off. He stated that he would accept tempered glass pursuant to input by the applicant, will continue to recommend the clay tile roof and slate stone veneer and condition that the request be forwarded to the Design Review Board for review and recommendation. The applicant requested a continuance for one week to work with staff on a comprise for building materials to avoid the timely delay of going before the Design Review Board. Mr. Fauland stated that he was amenable to that request. ZA Minutes - 7/23/97 3 (97ZM0723) CONDITIONAL USE PERMIT NO.97-42 AND VARIANCE NO.97-10 WERE CONTINUED TO THE JULY 30,1997 ZONING ADMINISTRATOR MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: CONDITIONAL USE PERMIT NO.97-37 (HUNTINGTON SEVILLE APARTMENTS SECURITY GATES) APPLICANT: Fred A. Culas, 16112 Sher Lane, G-4, Huntington Beach, CA 92647 PROPERTY OWNER: Co Pham, 19185 Woodlands Lane, Huntington Beach, CA 92648 REQUEST: To permit an existing five (5) foot, six (6) inch high security gate system at the entry points to the Huntington Seville Apartment Complex. LOCATION: 16112 Sher Lane and 16121 Parkside Lane (south of Edinger Avenue, west of Beach Boulevard) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and elevations stating this request is to permit an existing five (5) foot, six (6) inch high security gate system at the entry points to the Huntington Seville Apartment Complex at 16112 Sher Lane and 16121 Parkside Lane. The request is a result of Code Enforcement activity for construction without a permit in March of 1997. An electrical permit was issued in June of 1996, therefore the fence has been in existence approximately one (1) year. The applicant is requesting to keep the gate system due to a high volume of vandalism. Staff has not received any comments from the public in regards to this request. Based on the comments received from the other departments, staff is recommending conditional approval. THE PUBLIC HEARING WAS OPENED. Barton Lager, 16112 Sher Lane, Apt. B, stated he would like to see a call box and manual access in case of an electrical outage. Fred Culas, representing applicant, stated that vandalism had prompted the installation of the security gates. He stated a Knox box is installed for emergency access. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that the conditions imposed by both Public Works and Fire Departments will address the safety issues regarding access to the complex. He stated that any other ills on the property regarding the pedestrian gates, etc. could not be address with this application. CONDITIONAL USE PERMIT NO.97-37 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. ZA Minutes - 7/23/97 4 (97ZM0723) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 97-37• 1. Conditional Use Permit No. 97-37 for the establishment, maintenance and operation of an existing security gate system will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The gate system will provide increased security and safety to the residents of the Huntington Seville Apartments. With the conditions imposed, impacts resulting from stacking and other traffic conflicts will be minimized. 2. Conditional Use Permit No. 97-37 for the operation of an existing security gate system will be compatible with surrounding uses. The gate system is situated in a similar location with an identical setback as another security gate system for the adjacent apartment complex. 3. The proposed security gate system will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The gate system will be equipped with emergency response devices per Fire Department specifications. 4. The granting of the conditional use permit will not adversely affect the General Plan. The security gate system is consistent with the Land Use Element designation of High Density Residential on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 97-37: 1. The site plan and fence elevations received and dated April 28, 1997 shall be the conceptually approved layout. 2. Building permits shall be obtained for the security gates installed without permits within 21 days from effective date of this approval (by August 25, 1997); final building permit approval shall occur within 14 days from issuance of building permit. 3. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 4. Prior to final inspection, the following shall be completed: a. All vehicle gates must comply with City Specification No. 403. (FD) b. All gates must be equipped with a Knox key opening device including an automatic strobe light opening device. (FD) c. An Opticom receiver shall be installed at the Sher Lane entry per Fire Department specifications. (FD) ZA Minutes - 7/23/97 5 (97ZM0723) d. Proper signage shall be installed at the Sher Lane gate to notify visitors and delivery personnel of the Parkside Lane entry gate. (PW) e. Visitor call boxes shall be provided at both entry gates. (PW) f. 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 use shall comply with the following: a. All interior gates must open at the same time as the exterior gates when activated by the Knox key. (FD) b. The Parkside gate shall remain open for visitors during peak traffic hours (7 AM to 7 PM). (PW) 6. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan or elevations are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ]INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-37 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-37 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-37, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ZA Minutes - 7/23/97 6 (97ZM0723) 'J 6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 2:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 30,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl Z.A Minutes - 7/23/97 7 (97ZM0723)