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HomeMy WebLinkAbout1982-02-03MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B=8 - Civic Center 2000 Main Street Huntington'Beach, California - WEDNESDAY., FEBRUARY 3, 1982 - 1:15 P.M. BOARD MEMBERS PRESENT: Webb, Vogelsang, Kelly, Tindall, Smith CITY STAFF PRESENT: Bill Cooper - Fire Department MINUTES: ON.MOTION BY VOGELSANG AND SECOND BY KELLY THE MINUTES OF THE REGULAR MEETING OF JANUARY 20,'1982, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Vogelsang, Kelly, Tindall, Webb NOES: None.. ABSENT: Smith- -ABSTAIN: None AGENDA ITEMS TO BE CONTINUED: USE PERMIT NO. 81-40 Applicant: M. E. Biddle (Continued from 1/13/82) To permit storage -'and wholesale sales of organic matbrials to landscapers, contractors; etc. General location at 6842 Ellis Avenue, zoned RA=O-CD, Residential Agricultural District, combined with oil production, civic district. Chairman Tindall stated that this request -is a Categorical Exemption, Class." 1, California Environmental Quality Act, 1970. Acting Secretary Webb briefly explained the proposal, stating that a letter had been received from Mr. Biddle on January 28, 1982, requesting continuance to allow his architect (Mr. Mont- gomery) time to prepareea new plot plan of-the'area in compliance with'the Board's -,request of January 13, 1982, for additional information. Chairman Tindall opened the public hearing. There was no one - present to speak for or against this application. T ON MOTION BY KELLY.AND SECOND BY VOGELSANG, USE PERMIT NO. 81-40 WAS CONTINUED FOR TWO(2) WEEKS, TO THE MEETING OF FEBRUARY 17, 1982, BY THE FOLLOWING VOTE: Minutes:_-H.B.:Board of Zoning Adjustments February 3, 1982 Page Two AYES: --= -------'-Webb, NOES:_ None ABSTAIN: None - ABSENT: -Smith' Vogelsang, Kelly, Tindall Board -member --.Smith arrived. CONDITIONAL --EXCEPTION NO. 82-3. _ Applicant: Mr. Bart Saglietto - To permit= a- six- -(6)- _foot _high -block .wall, :pool enclosure,- at a 710" minimum front yard setback. Property-located--at-1691-1 Fairfield:Circle,:_zoned 7R1----Single Family Residential District. This ---request is a Categorical Exemption, Class': 5, California Environmental -Quality Act,.1970. Acting Secretary,:Webb- outlined proposal. CliairmAr Tindall opened the public hearing. -_There was `no -one -present to speak for or against _this, :application. A MOTION WAS MADE BY-TINDALL AND SECOND BY SMITH, TO CONTINUE ACTION ON CONDITIONAL EXCEPTION NO.. 82-3 FOR -ONE WEEK, TO THE MEETING OF FEBRUARY 10, 1982, IN ORDER,TO GIVE THE APPLICANT THE=OPPORTUNITY OF BEING PRESENT (APPLICANT TO BE RE -NOTIFIED OF NEW -HEARING DATE), BY THE FOLLOWING VOTE: AYES: We' Vogelsang;` Kelly,', Tindall;_ Smith NOES: None ABSTAIN: __ -None ABSENT.: None REGULAR --AGENDA ITEMS: REVOCATION_OF:_HOME OCCUPATION PERMIT NO. 82-1 A pljcant:-Daniel Pelletier/Beaver Tree Service Possible revocation of Home "Occupation: Perini_ t --violation= of Section 9730. 21(a) , (b) , (c)-,' (f)",- (g) ;" and (i)--of`=the Hiintingtori Beach' -Ordinance Code, located.at 15031 Sevilla Lane, zoned Rl - Single Family Residential District. Chairman=Tindall introduced the application and mentioned that staff. -has -initiated the review of this Home Occupation Permit to find=-out=whether--or--not the use ' is still compatible with adjacent property. -- Acting Secretary Webb outlined -complaints -received --regarding the parking -of, and repair of,.three or four trucks in the street and driveway,_ that employees are coming to the house, parking -2- BZA 2/3/82 i Minutes: H.B. Board February 3, 1982 Page Three of Zoning Adjustments their vehicles and leaving for work in the trucks owned by Mr. Pelletier and that wood is being stored in the front yard, sawed up in the back yard and apparently sold and hauled away in violation of Section 9730.21 (a) , (b) , (c) , (f) , (g) and (i) of the Huntington Beach Ordinance Code. She further stated that a number of telephone complaints were received from his surrounding neighbors stating that they would not appear at this public hearing as they were afraid of possible retaliation. The public hearing was opened with the holder of -the Home Occupation Permit, Mr. Daniel Pelletier (owner of Beaver Tree Service), present to speak in his own behalf. Mr. Pelletier addressed the Board stating he owns a one ton stake bed truck which he said was street -legal - not over -size for a -residential street. He said the woman across the street had complained about his parking this truck in front.of her house plus he had received a letter from the City -telling him of violation so he now parks the truck at a gas station where he has heavy mechanical work,done. He said he has two pick-up trucks with a trailer in back of one of them. He said he goes to the dump every day and that sometimes he may end up with a barrel or two of leaves left in the trailer/truck. He said he does landscaping, maintenance work, and cuts trees. Mr. Pelletier said he keeps his home in good order and -washes it down every day. Mr. Pete Peterson, of College Park Property Manage- ment, who rents the -home to Mr. Pelletier stated that he has not been to Mr.-Pelletier's home -since around Christmastime but that at that -time, short of having some firewood for his own use, he felt the grounds were maintained very well. Mr. Pelletier stated -that he is continuously asking his casual laborers to stop coming by his -house looking for work but they just keep coming to his home. The Board advised Mr. Pelletier that he must discipline his casual laborers," -find an appropriate place to meet them to assign work, and to also find a place to store his saws, other equip- ment and vehicles to cease the high intensity and traffic around his residence. The benefits of a Home Occupation Permit were -explained ---- to Mr. Pelletier. Mr.. Pelletier was told that all conditions of the Home Occupation -Permit must be met or his permit could be revoked. " .The public hearing was closed. Board discussion ensued. -Mr. Pelletier concurred with the Board= ..that-45 days would be adequate to remove and find a storage area for his equipment and to instruct his employees to meet elsewhere in - order to comply with the`Conditions of a Home Occupation Permit. ON MOTION BY KELLY-AND SECOND BY TINDALL, REVOCATION OF HOME OCCUPATION PERMIT NO.-82-1 WAS WITHDRAWN, WITH A REVIEW TO BE MADE BY THE BOARD OF ZONING ADJUSTMENTS IN SIXTY (60) DAYS TO ASSURE.COMP.LIANCE WITH CONDITIONS FOR A HOME'OCCUPATION PERMIT. -,.,� -3- BZA 2/3/82 Minutes: H.B. Board of Zoning Adjustments February 3, 1982 =-- -- Page Four BY THE FOLLOWING VOTE: AYES: �WebbVogelsari_g,_=Ke11y;Tindall;_vSmi_h= ' == NOES: None ABSTAIN: None - -- - _ - -- - REVOCATION OF.HOME,OCCUPATION PERMIT NO.-82=2^ --- Applicant: J.W. Hunter dba Hunter Landscape Possible- dvoca`tion�of--Home Occupation -Permit No. 82-2 - violation of Section 9730.21 (i) and (g) of the Huntington Beach Ordinance Code; �loca"£ed=at=8542 -Acapulco Drive; -zoned-=Rl-=--Single=Family Residential District. 17 Y 9 ^ - - Chairman Tindall introduced the application: acting -=Secretary Webb stated -that a complaint was -received on:-_ December 14, 1981 by our Land -Use• Section -of -the Department- of`- Development Services regardin4�!h' parking -.of -`marked, commercial vehicles in a residential neighborhood -and -parking -of vehicres`- -in,.a,:residential_neighborhood-by employees of -a landscape firm. She :mentioned that_an inspection was made on -'December 17, 1981, of-�the--subject ljroperty and that just around the corner on ad*en street- revealed a large stake truck, marked on eacfi-door with "'Hunter Landscape". On December 18,, 1981, Mr. Hunter was-sent--a-letter-advising--him-to cease and desist any'.and all violations=of-Sectori=-973Q:21 'of the Huntington Beach Ordinance Code. Acting--Secretary=Webb-further--stated--that-on=January 5, 1982, another complaint .was_,received that -there were two _ (2)_ -large _trucks parked along _side`__of ✓subject _addres`s.:- :An -inspection -on -that ,-date _revealed the same -la ge`stake -truck _mar`ked `"Hun_ter_ Landscape'__with a ;large skip rloader i ri_.tlie .be`d :of_ _the` =truck`._ A smaller -unmarked truck was parked' in front `df -it • loaded w tfi-pl"astic pipe. The=+public f liearirig -was opened -Chairman Tindall_ Mr., -Hunter _introduced .himself - to..the ,Board._` He -said -he _had .not received=the __letter mailed to=him -on_.Decemb-er 18; -1981, by the Land ;Use:sectioff ecause Yie1-hasrtno-mail:- box. -_i=He_stated-he; has_a host Office .Box4_No._V5416 -which -fie 4uses for=his _busiriess'�and personal mail:: Mr-,--Hunter-stated his rbusiness..is _ landscaping of `commercial - .- - establ shm_ents ,only =aiid'--that- he --tries `"to -keep __his --trucks at -the job' -site. `Tle�-s`a d that-when-he-piirdYiased-Yiis -home he selected that location so he could park his trucks on the side street of-' his house.. -He,: said he -is --very proud -of -his home and, keeps it maintained. -very -well.' -- Pictures were -submitted_ to :.the =Board Members-by-Mr:.�Hu nter;which_he_claimed were taken of -his home just_prior�to his coming to-today',s meeting. He also submitted -4- BZA 2/3/82 �-�; Minutes: H.B. Board of Zoning Adjustments February 3, 1982 Page Five to the Board a letter signed by many of his neighbors which stated that the trucks were in no way a problem to their neighborhood. Mr. Hunter was told by the Board he would have to abide with the Conditions as set forth in the Huntington Beach Ordinance Code. - The public hearing was closed. Board -discussion ensued. The Board recommended to Mr. Hunter that he find a new place. to meet his employees to assign work where they could leave their cars as well as a place_ for parking of'his trucks. Mr. Hunter concurred with the Board and felt this situation could be corrected within the next-45 days. ON MOTION BY SMITH AND SECOND BY WEBB-, REVOCATION OF HOME OCCUPATION PERMIT NO. 82-2 WAS WITHDRAWN, WITH A REVIEW TO BE MADE BY THE BOARD OF ZONING ADJUSTMENTS IN SIXTY (60) DAYS TO" ASSURE COMPLIANCE WITH CONDITIONS FOR A HOME OCCUPATION PERMIT, BY THE FOLLOWING VOTE: AYES: Webb, Vogelsang, Kelly, Tindall, Smith NOES: None ABSTAIN: None TENTATIVE PARCEL MAP NO. 81-584 (Continued from 1/27/82) Applicant: Pace Engineering, Inc. To permit conversion of an existing medical complex into condominium units, located at 8041 Newman Avenue, zoned C-4, Highway Commercial District. Chairman Tindall informed the Board that this request is a Categorical Exemption, Class. 3, California Environmental Quality Act, 1970. Acting Secretary Webb reiterated proposal stating the the Board's main concern was the parking ratio of thirty-two (32) spaces - presently provided in lieu of eight -five (85) spaces required by the Code for Medical use and that'a continuance of two (2) weeks had previously been agreed upon to allow staff time to pull building permits, etc. and request the legal department's assistance to research the legalities of action for the necessity of a tentative parcel map. ��' Mr. Art'Folger, Attorney for the City of Huntington Beach, spoke. He said he had discussed this situation with Gail Hutton, City Attorney, who felt that as the original property was approved as a Medical center in 1966, not withstanding the fact that less parking was then required for'this use, pursuant to our Code, ' that the only change being sought by the applicant is not one -5- BZA 2/3/82 Minutes: H.B. Board of Zoning Adjustments February•3, 1982 page Six . of use, but ownership, as it is being converted to a condominium form of ownership. She further stated that a nonconforming use privilege -does not terminate with a change of ownership and that if the property was sold without the division of condominium, the nonconforming use would not terminate. Mr. Charles Novac, of Pace Engineering•;'was present -to speak, on'subject application. Mr.-Folger-cited the case of Collins V. City of Los Angeles, on the conversion of an apartment to condominiums, wherein the court ruled that changing the form of ownership had no bearing on the amount of parking spaces-required.an8'that the City,of. Los Angeles could not require more parking spaces'for a condominium than were required before conversion. Mr. Novac-stated that his Company does alot of work in Los Angeles.and he has been involdedwith a, series of conversions: He stated -that before a residential, -industrial or commercial condominium conversion ordinance can be established you have to have a specific plan which designatesobjectivesunder the General Plan'as a parcel map must confcrm with the General Plan. Conditions of. Approval were discussed with -the applicant. ON MOTION BY TINDALL AND SECOND'BY VOGELSANG, TENTATIVE PARCEL MAP NO. 81-584 WAS APPROVED WITH THE FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING APPLICABLE, BY THE FOLLOWING VOTE: FINDING: 1. This request covers a pre -existing -use. No building modifications or expansions are being proposed: Request is merely a form of ownership change. CONDITIONS -OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on November 18, 1981', shall be the approved layout. 2.- A parcel map shall be filed with and approved by the _Department of.Public Works and recorded with the Or County Recorder. 3. Prior to recordation of a parcel map, a copy of the drafted CC&R's shall be submitted to Development Services for approval.. -6- BZA 2/3/82 1 _� Minutes: H.B. Board of Zoning Adjustments February 3, 1982 Page Six of use, but ownership, as it is being converted to a condominium form of ownership. She further stated that a nonconforming use privilege does not terminate with a change of ownership and that if the property was sold without the division of condominium, .the nonconforming use would not terminate. Mr. Charles Novac, of Pace Engineering, was present to speak on subject application. Mr. Forger cited the case of Collins v.*City of Los Angeles, on the conversion of an apartment to condominiums, wherein the court ruled that changing the form of ownership had no bearing on the amount of parking spaces -required and -'that the City of Los Angeles could not require more parking spaces for a condominium than were required before conversion. Mr. Novac stated that his Company does alot of work in Los Angeles and he has been involved with a' series of conversions. He stated that before a residential, industrial or commercial condominium conversion ordinance can be established you have to have a specific plan which designates objectives under the General Plan as a parcel map must_ conform with the General Plan. Conditions of Approval were discussed with the applicant. ON MOTION BY TINDALL AND SECOND BY VOGELSANG, TENTATIVE PARCEL MAP NO. 81-584 WAS APPROVED WITH THE FINDINGS AND CONDITIONS OF APPROVAL FOLLOWING APPLICABLE, BY THE FOLLOWING VOTE: „- FINDING: 1. This request covers a pre-existing use. No building modifications or expansions are being proposed.- Request is merely a form of ownership change. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL FOR ANY PURPOSE: 1. The tentative parcel map received by the Department of Development Services on November 18, 1981, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Prior to recordation of a parcel map, a copy of the drafted CC&R's shall be submitted to Development Services for approval. -6- BZA 2/3/82 Minutes;. H.-B.- Board of Zoning Adjustments -;February 3, 1982 Page Seven 4 � Awcopy_of the recorded -parcel map shall=be.filed with ± the_Department of.Development Services: _--y-_ 5�_=The_CC&Rl-s are.-to-he-_recorded.prior--the:-recordation of _ the --final parcel map: J6. A copy of the condominium map to be submitted to Develop- to--recordation-of--map.- : A- copy -=of _ the s._final_recorded-_condominium.map-and_CC&R's:to,be-submitted to--thecDevelopment Services Department. l:'L:_,�;.Prior�:to _recordation=of parcel _map, _a-_-copy=of the Articles of _Incorporation =shall =be -.submitted :to the=Development -._- aServices. Departmeritz _The number -of -suites shall be .no=more intense=than,was::-_ originally approved-_ for= existing=medical _complex:..-,___ -,_AYES: - :Webb, _-Vogelsang, Kelly; -Tindall; -Smith--- = NOES: ,. None = ABSTAIN:- None. _ - - - - - THERE -BEING --NO FURTHER=BUSINESS,-THE MEETING WAS ADJOURNED. Florence:.Webb;---(A,c(�t/inn(g--SSecretary- -Board_ of :Zoning Adjustments -= -js_- 1 -7- BZA 2/3/82