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HomeMy WebLinkAbout1983-06-22MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, CA WEDNESDAY, JUNE 22, 1983 - 1:30 P.M. BOARD MEMBERS PRESENT: Godfrey, Evans, Cooper, Smith BOARD MEMBER ABSENT: Vogelsang REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 83-561 (Continued from 6-15-83) Applicant: M. Petyo & Associates, Inc. To permit: 1) consolidation of two parcels into one parcel for a four (4) unit apartment building and 2) remove Lot "A" (recrea- tion purposes only) stipulation set forth on map of Tract 4026 containing the two lots. Property located at 7631 Commodore Circle. Acting Chairman Evans introduced the applicants request. Secretary Godfrey stated that at the Board of Zoning Adjustments meeting of June 15 this item was taken from the table and placed on agenda for consideration at today's meeting. Mr. Godfrey reiterated that the Commodore Circle subdivision was originally approved by way of a conditional exception in which the developer requested that lot widths be reduced in order to accommodate therein trade-off for a recreation lot. It was in- tended that this lot, which is to be consolidated with the ad- jacent lot, was to be limited to recreation purposes only. In reviewing entitlement files for the subdivision it's quite ap- parent that the City Council's intent was to have Lot "A" re- main recreational for the use and enjoyment of residents within the subject subdivision. Minutes: H.B. Board of Zoning Adjustments June 22, 1983 Page Two The Board of Zoning was informed by the Redevelopment Department that meetings are ongoing with Commodore Circle property owners and tenants with the intent to provide rehabilitation assistance to upgrade recreation facilities and it's their recommendation that any consideration of consolidating Lot "A" with the adjacent lot be postponed until these issues have been resolved. The owner of the property has consented to a thirty (30) day time extension in addition to the fifty (50) day maximum proces- sing time mandated in the subdivision map act; therefore, Staff is recommending that this item be continued until July 27, 1983 or sooner should there be a resolution to concerns of this Board and Redevelopment. ON MOTION BY COOPER AND SECOND BY SMITH, TENTATIVE PARCEL MAP NO. 83-561 WAS CONTINUED TO THE JULY 27, 1983 MEETING (OR SOONER SHOULD CONCERNS BE RESOLVED) BY THE FOLLOWING VOTE: AYES: Godfrey, Evans, Cooper, Smith NOES: None ABSTAIN: None POSSIBLE REVOCATION OF HOME OCCUPATION PERMIT - NO. 83-3 (Con- tinued from 6/15/83) Applicant: Randall S. Burback, 21092 Greenboro Lane Violation - Section 9730.36(h) of the Huntington Beach Ordinance Code. Consideration for revocation of the subject Home Occupation Per- mit was introduced by Acting Chairman Evans. Secretary Godfrey informed all concerned that at the June 15 meet- ing of the Board of Zoning Adjustments the matter of Revocation of Home Occupation Permit - No. 83-3 was scheduled for hearing. At that meeting it was indicated that the Board was unable to pro- perly notify the permittee. Therefore, we had intended to continue this matter over, however, just prior to the meeting we were in- formed that the permittee was aware of the meeting and was present and that there were a number of adjacent property owners who had received notification of the hearing who were most anxious to give testimony. As there were two people who had been told the matter would be continued inasmuch as the permittee had not been properly notified, we requested that the Public Hearing be opened and con- tinued to this meeting so as to allow everyone an opportunity to be heard prior to making any decision on this matter. The permit - tee was also afforded an opportunity to find a "Home" for his com- mercial vehicle so as to be in conformance with the requirements and conditions of his Home Occupation Permit. -2- BZA 6/22/83 Minutes: H.B. Board of Zoning Adjustments June 22, 1983 Page Three The Public Hearing was reopened to allow interested parties an opportunity to present testimony for or against this home oc- cupation allowing the Board Members to render a decision on the matter. Mrs. Ceres, 21082 Greenboro Lane, addressed the Board. She sub- mitted to the Board Members a letter in opposition from one of the neighbors - Mrs. Robin Witney who was unable to attend today's hearing which included a drawing showing the location of two near accidents. Mrs. Ceres felt the Board should be aware of the seriousness connected with Mr. Burback's truck when parked in his driveway preventing visibility of north bound traffic when exit- ing from her driveway. She submitted pictures taken from her front yard of Mr. Burback's truck parked in his driveway. She stated her major concern was her young son. Further, that it was not her intention to have Mr. Burback's permit revoked but to have him keep the commercial truck out of his driveway and off the street (Greenboro) as it presents a serious safety hazard. Mr. James Ceres addressed the Board. He outlined the danger when backing out of his driveway at less than five miles an hour: Re- stated a car has to be one-third of the way out into the street before you can see the oncoming traffic created by the size of Mr. Buyback's van truck. He cited the necessity of walking in the street in lieu of using the sidewalk when the truck is parked in the driveway. He also felt Mr. Burback's business license should not be revoked unless he refuses to cooperate.. Mr. Randall Burback, the permit holder, addressed the Board. He stated that since cited by the parking control he has complied and has not allowed his truck to overhang on the sidewalk. He stated that on Greenboro Lane there is very light traffic and that, if the truck was such a hazard to his neighborhood, the Board would not have had so many people present at the Board Meeting of June 15 speaking in his behalf. He stated that since the last Board Meeting he has made temporary arrangements for storage of his truck at a friends house who lives in College Park (Cypress) al- leviating the violation which created this hearing. Further, that he no longer has an office in his home on Greenboro Lane but at another location in Huntington Beach. There being no one else present wishing to speak in favor or op- position of Mr. Burback's Home Occupation Permit, the Public Hear- ing was closed. Discussion ensued covering the necessary conditions for a Home Occupation Permit. The Board informed Mr. Burback that he must comply with the conditions that are set forth by the Huntington Beach Ordinance Code and cautioned him that future violations could result in having his permit revoked. -3- BZA 6/22/83 Minutes: H.B. Board of Zoning Adjustments June 22, 1983 Page Four ON MOTION BY SMITH AND SECOND BY COOPER, REVOCATION ACTION WAS NOT TAKEN, BY VOTE AS FOLLOWS: AYES: Smith, Cooper, Evans NOES: Godfrey ABSTAIN: None PLOT PLAN AMENDMENT NO. 83-1 Applicant: Signal Landmark, Inc. To permit a revised plot plan - property located at southwest corner of Indianapolis and Magnolia. Acting Chairman Evans introduced the proposal and stated that it's request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Secretary Godfrey stated that the applicant has proposed minor revisions and footprint and a modest increase of bedrooms to a project having previous approval as a phased single-family sub- division development. The subdivision which has been phased over a few years is presently in the fourth phase of seven phases proposed. He informed the Board Members that the precise plot plan was originally approved by the Planning Commission (Tract #5419) and that the Board of Zoning Adjustments may ap- prove minor modifications to site plans or precise plans under the provision of the Code. The Public Hearing was opened. There being no one present wishing to speak the Public Hearing was closed. The Board Members reviewed the plot plan submitted noting that the buildings proposed would be relocated less than two (2) feet from the precise location previously approved with no intent to change the character or the density of the single-family resi- dences. It was felt that these adjustments would provide more marketable units. Findings and Conditions for Approval were discussed. ON MOTION BY COOPER AND SECOND BY SMITH, PLOT PLAN AMENDMENT NO. 83-1 WAS APPROVED WITH FINDINGS, CONDITIONS OF APPROVAL AND VOTE FOLLOWING: PLOT PLAN AMENDMENT NO. 83-1 FINDINGS: -4- BZA 6/22/83 Minutes: H.B. Board of Zoning Adjustments June 22, 1983 Page Five 1. The amendment does not constitute a substantial change in that the buildings are to be relocated less than two (2) feet from the precise location previously approved. 2. The proposed use of the property remains the same. There is no intent to change the character of the single-family residence nor the density allowed in the previous approval. 3. This adjustment will result in an approved and more effec- tive plan. CONDITIONS OF APPROVAL: 1. The conceptual plot plan and elevations received June 6, 1983 shall be the approved layout. 2. All conditions previously imposed on the original tract map (No. 5419) and all other entitlements, if applicable shall apply. AYES: Godfrey, Cooper, Smith, Evans NOES: None ABSTAIN: None MISCELLANEOUS ITEM:' ADMINISTRATIVE REVIEW NO. 83-33 Applicant: A. M. Realty Corporation To permit sales and service of new cars. Acting Chairman Evans introduced the applicants proposal and stated that this request is Categorically Exempt, Class. 1, California Environmental Quality Act, 1970. Secretary Godfrey informed the Board that American Motors Realty Corporation is proposing to reopen the AMC Jeep Dealership at 16751 Beach Blvd. The previous entitlement (A.R. 74-80) has ex- pired as the business has not been operational for over one (1) year. The plans submitted are the original plans submitted for review when the use was established and are in compliance with the Ordinance Code except for Section 9432(c) No. 1 which required a three (3) foot wide landscaped area in addition to the six (6) foot wide landscaped area required by Article 979. This requirement of the additional three (3) feet is limited to the frontage and is intended to enhance outside storage and dis- play of automobiles. The Ordinance was adopted at a time when Article 979 required only a three (3) foot wide landscaped area for all commercial development. -5- BZA 6/22/83 Minutes: H.B. Board of Zoning Adjustments June 22, 1983 Page Six When Article 979 was amended to require a six (6) foot wide land- scaped area for all commercial development, Section 9432(c) No. 1 remained intact. It is felt by the Staff that this was an over- sight and should have been purged at the time the six (6) foot wide landscaped area was considered which is expected to be cor- rected within the current code rewrite. The existing landscaping on the subject site amounts to 6.6% of the total area presently being renovated. Mr. Cliff Hardesty, Operation Specialist for American Motors, addressed the Board. He stated they had been working on the building for sometime and were unaware that their entitlement had expired which was discovered when they applied for their Certificate of Occupancy. Mr. Hardesty said that new cars are presently sitting in a railroad yard pending renewal of this entitlement prior to their obtaining a Certificate of Occupancy which must first be obtained before they can receive their Dealer Code Number from the State of California. Further, that they have approximately thirty-five (35) people waiting to come to work for them which were hired locally. He informed the Board that the 1984 models will be out in early October and, if delayed, they stand to lose their allotment for 1983 leaving them with no mer- chandise to sell. Discussion was carried between the Board and the applicant as to the necessity of a new landscape plan showing appropriate plant material. Additionally, the driveway approach and width located on Beach Boulevard would have to meet Public Works standards and, due to inactivity of over one year, the fire protection system would have to be tested by a state licensed company to insure that it is operational. ON MOTION BY SMITH AND SECOND BY EVANS, ADMINISTRATIVE REVIEW NO. 83-33 WAS GRANTED WITH CONDITIONS OF APPROVAL FOLLOWING, SUCCEED- ED BY VOTE. ADMINISTRATIVE REVIEW NO. 83-33 CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO ISSUANCE OF A CERTIFICATION OF OCCUPANCY. 1. The conceptual plot plan and elevations received June 22, 1983 shall be the approved layout, subject to the following: a. A',revised landscape and irrigation plan shall be sub- mitted in accordance with Article 979 of the H.B. I I -6- BZA 6/22/83 Minutes: H.B. June 22, 1983 Page Seven Board of Zoning Adjustments Ordinance Code and approved by the departments of Public Works and Development Services. b. The driveway approach and width located on Beach Boule- vard shall meet Public Works standards. c. All signage be brought into conformance with Article 976 of the Huntington Beach Ordinance Code or comply with nonconforming sign amortization schedule. d. The property shall meet the approval of the Fire Depart- ment relative to fire safety protective devices. AYES: Godfrey, Smith, Evans, Cooper NOES: None ABSTAIN: None THERE BEING NO FURTHER BUSINESS, I . 4 L G4 len K. Godfrey, Secretary Board of Zoning Adjustments THE MEETING WAS ADJOURNED. -7- BZA 6/22/83