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HomeMy WebLinkAbout1986-09-03MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, SEPTEMBER 3, 1986 - 1:30 P.M. BOARD MEMBERS PRESENT: Crosby, Krejci, Poe, Smith, Strange STAFF MEMBERS PRESENT: Franklin, Shaw MINUTES: UPON MOTION BY CROSBY AND SECOND BY SMITH, MINUTES OF THE REGULAR MEETING OF AUGUST 20, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Crosby, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci, Strange UPON MOTION BY SMITH AND SECOND BY POE, MINUTES OF THE REGULAR MEETING OF AUGUST 27, 1986, WERE APPROVED AS AMENDED, BY THE FOLLOWING VOTE: AYES: Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Crosby, Strange REGULAR AGENDA ITEMS: COASTAL DEVELOPMENT PERMIT NO. 86-24 McHale/Woods Associates A request to permit the addition of approximately 2,670 Square Feet of floor area to an existing 2,500 Square Foot single family dwelling. Subject property is located at 16772 Coral Cay Lane (East side of Coral Cay Lane approximately one hundred eighty feet (1801) South of Bayside Lane). This request is covered by Categorical Exemption, Class 1, California Environmental Quality Act, 1984. Staff member, Robert Franklin, stated this request -is to construct an addition to a single.family residence which will more than double the existing square footage. The residence is located in an R1-CZ Zone'and a Coastal Development Permit is.required because the Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 2.. addition represents an increase of more than ten percent (10%). Staff has analyzed the proposal and all additions will be'within-the required setbacks with forty-two percent (42%) lot coverage. Staff recommE,nds approval with conditions. Michael Strange asked if the second story addition would impact the views of area residents and Mr. Franklin replied it would block some of the prior views; however, the Coastal Development Permit is concerned only with blocking views from the public right-of-way. Staff further explained the adjacent property owners had been notified of the proposed addition and Staff had received no adverse comments. The Public Hearing was opened by Chairman Tom Poe and'the owner of the property, Judith M. Adams, was present. Ms. Adams stated she agreed to the conditions as presented. Tom Poe stated a wood shingle roof would not be satisfactory on a residence of this magnitude in this particular area because of the water flow. He further stated a noncombustible roof would be required per Fire Department regulations. Mike McHale, a representative of McHale/Woods Associates, was also present to represent the applicant. Mr. McHale said that most of the residences in the neighborhood had shake roofs and a different type of roof would break the continuity. Mr. Poe stated the residence would exceed 5,000 Square Feet and would be required to have a fire -retardant roof. Mr. McHale asked if the existing garage roof could remain and Mr. Poe asked that the conditions read "per approval of the Fire Department". There was -no one else present wishing to speak for.or against the project so the Public Hearing was closed. UPON MOTION BY SMITH AND SECOND BY STRANGE, COASTAL -DEVELOPMENT PERMIT NO. 86-24 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS'FOR APPROVAL: 1.. The proposed 2,-670 Square Foot addition to an existing 2,500 Square Foot single family residence conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other previsions of the Huntington Beach Ordinance Code applicable to the property. -2- 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 3 3. At the time of occupancy, the proposed single family residence can.be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. An eight foot (81) wide public walkway easement exists abutting the rear of the property that was c dedicated at the time of Tract Map approval of the entire subdivision. CONDITIONS OF APPROVAL: 1. The site plan, floor plan, and elevations dated August 1, 1986, stall be the approved layout. 2. The proposed addition shall match the existing development in tErms of building materials, colors and architecture. 3. The addition shall comply with the Huntington -Beach Ordinance Code and Building Code. 4. Prior to issuance of building permits, the property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 5. Roof materials shall be subject to approval of the Fire Department. AYES: Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None USE PERMIT NO. 86-61 NEGATIVE DECLARATION NO. 86-44 Applicant: Oi1Max/Hal Tucker A request to construct a 2,500 Square Foot oil exchange and car wash facility in the Target Shopping Center parking lot.- Subject ,property is located on the Southwest corner of Adams Avenue and Brookhur.st Street. This request is covered by Negative Declaration No. 867-44.' Staff reported a letter had been received from the applicant requesting a continuance of one (1) week. This continuance, if granted, would still be within the mandatory processing date. Staff further stated he had been informed the applicant's Architect' had -3- 9/3/86 - BZA Minutes, H. B. Board of Zoning�Adjustments September 3, 1986 Page 4 been in the hospital and needed time for recovery,.'' -The applicant would like to have his Architect and legal counsel -present at the meeting. Staff recommended continuance to the meeting,of September 10, 1986. Staff also informed the Board that a,petition bearing the names of ninety-three (93) adjacent property owners and residents had been received, as well as phone messages, in opposition to the project. Daryl Smith asked if the residents had indicated why they were concerned over the project .and .Staff. read the portion -of the petition dealing with those concerns. The Public Hearing was opened by Chairman Poe -who explained the Public Hearing. -would remain,.open ;to the °next'°meeting. r resident, Francis Arciaga, stated most of the signatories of the etition were residents who were contiguous,to the parking lot and he and others present at this meeting would return next week. There.was no one else present wishing to speak for or against the request and the Public Hearing remained open. UPON MOTION BY;SMITH AND -SECOND BY,STRANGE, USE -PERMIT NO: 86-61 AND NEGATIVE DECLARATION NO., 86744.WERE'CONTINUED TO THE MEETING OF SEPTEMBER 10, 1986, BY THE FOLLOWING VOTE: AYES: Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None REVOCATION OF HOME, OCCUPATION PERMIT NO. 86-1 Licensee: William Wilson GENERAL REASON Alleged violation of Section S. 9730.36 (a), (b), e and h , Huntington Beach Ordinance Code, referring to storing of equipment and trucks' used in your business at your home in conjunction with your Home Occupation Permit. GENERAL LOCATION: Subject -property -is located'at,8301•Flaxman Drive (North side of Flaxman.Drive.approximately one;hundred'twenty-five feet (1251) West of Edgewood Lane). Staff reported the hearing-today.,.is-to,bring,information to the Board so they.can.determine,whether•or not a Home Occupation Permit should be revoked. The licensee has allegedly violated restrictions which are placed on this -type of permit�such.as storing -oversize trucks, equipment, etc., at the residence. The licensee has been advised by written notices from the•Land-Use Division that he is in violation.of the Code restrictions and the licensee has ignored -4- 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 5 these notices. Staff is recommending revocation based on review by the Land Use personnel and by residents of the neighborhood who have called in support of the revocation. The Public Hearing was opened by Chairman Poe and Michael Strange stated he had a question for Don Shaw, Land Use Technician. Mr. Strange asked if a violation notice had been -sent to the licensee and Mr. Shaw stated two (2) violation notices had been mailed to Mr. Wilson without response of any nature from him. Daryl Smith -inquired explicitly about sizes of trucks and/or equipment which would be allowed in a residential neighborhood and Don Shaw verified the fact the trucks were oversized vehicles. Mr. Smith asked if Land Use had received complaints regarding the licensee's working on this construction and excavation quipment at the residence, and Mr. Shaw stated complaints had been _eceived by his office and also the Police Department.. Mr. Smith reiterated the statement that letters had been sent to Mr. Wilson without response and. that Mr. Wilson had been allowed ample time to correct the situation. Don Shaw verified this information. Michael Strange asked if the vehicles were licensed with commercial plates and Don Shaw replied in the affirmative. The Public Hearing was opened and William Wilson, the licensee, was present. Mr. Wilson stated the Police had been out and measured the trucks and had told him the trucks could.be parked there overnight or for seventy-two hours. Mr. Wilson further said that even though the Home Occupation Permit said he should not have the trucks, they were legal to sit there; and he did not know that working on the motor was illegal. Tom Poe asked Mr. Wilson if he received the letters which had been mailed by the City. Mr. Wilson stated he did remember receiving one (1) notice and he had some trucks there at that time. Judith M. Grigsby, 19911 Rothert Lane, stated the licensee had two (2) dump trucks with large trailers and a bobcat at the location that very morning, and that Mr. Wilson also had the street blocked. She further stated theirs was a nice tract - not an industrial area and she did not appreciate having to endure this type of abuse. Another resident,'Marcia Anderson, said she was not aware there had been complaints until she received a copy of the notice. The trucks and cabs parked there are very large and are hazardous to children of the neighborhood. -5- 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 6 L. Atkinson, 19912 Rothert Lane, stated he was submitting a letter signed by some forty (40) neighbors who think their'rights.are being violated. Mr. Atkinson further stated he had asked Mr. Wilson on several occasions to get a lot where he could store the trucks and equipment; however, Mr. Wilson had never done so. Mr. Atkinson submitted photographs to the Board of Mr. Wilson's equipment parked at the residence and on adjacent streets. Steve Rider said he understood Mr. Wilson's desire to work out of his home but the adjacent residents should not be forced to look at these skip loaders, etc..•Mr. Rider also said these things run down the property values and a lot of people have had,to sell their property to get away from this situation. Mr. Wilson said.he would have to apologize to his "neighbors" - that this had been a hard business to -get started and he alp;, st went broke. He further stated he -had been -loading the equipment,that, morning to move it to,a lot in.Costa Mesa and it would not be kept at the residence any longer._ Another resident, Margaret Atkinson, said the prior week a.dump. truck had been towed and -parked next to their property, as well as two (2) cars1which-had been ticketed but were still there. Emily Keller, 19931 Rothert Lane, stated she was in agreement with her neighbors in feeling Mr. Wilson was.in violation of his permit by keeping dump trucks and bobcats at the location and ignoring the, restrictions. There was no one else present wishing to speak so the Public Hearing was closed. Daryl Smith asked if any of the residents had talked directly with Mr. Wilson about the problem. L. Atkinson said he had contacted Mr. Wilson several times, and, on one occasion, two of Mr. Wilson's truck drivers had -attacked him. Mr. Atkinson also said Mr. Wilson had told him he would knock his head off. Tom Poe said.he had heard enough and was ready'to move that.the permit be revoked. Daryl Smith stated he would like the Minutes to reflect that, in addition to the testimony heard at the meeting today, the Board was in receipt of photographs showing the equipment parked in'the area and a petition signed by forty (40) residents which read as follows: -6- 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 7 "August: 29, 1986 19941 Edgewood Lane Huntington Beach, Ca. Mr. Glen K. Godfrey Board of Zoning Adjustments City of Huntington Beach Dear Mr. Godfrey, This letter is in support of the revocation of -the Housing Occupation Permit issued to Mr. William Willson (sic) at 8301 Fl.axman. Mr. Wilson has flagrantly ignored the regulations conce~ning parking, operating, repairing and storing his trucks ii. our residential neighbourhood. His employees park their cars in the tract as well, so even when the trucks are gone we have extra congestion on the streets. When the trucks break down Mr. Wilson does the repairs right here in the tract, often out in the street. Disregarding the blighted appearance this gives the neighbourhood, .the,dangerous traffic situation it causes and the economic hardship imposed on those trying to sell their houses nearby, I would like to draw your attention to the fact that there are many small children (mine included) who will be starting Kindergarten in the next week and will be walking past these trucks to and from the bus stops. Drivers are unable to see the little ones on the sidewalk, and the children in turn are unable to see the cars before they start to cross the street. There is no reason to tolerate this! Many of us have complained to him and to the Police to no avail. In fact, he has responded with threats of physical harm to at least one neighbour. So we implore you, Revoke his permit. Sincerely, /s/ D. R. Ross /s/ S. M. Ross Duncan & Sheila Ross 963=9996" UPON MOTION BY POE AND SECOND BY STRANGE, HOME OCCUPATION PERMIT NO. 86-1 WAS REVOKED, BY THE FOLLOWING VOTE: AYES: -Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None -7- 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 8• TENTATIVE PARCEL MAP NO. 86-263 Applicant: Tait and Associates, Inc. A request to permit the subdivision of two (2) parcels from a one hundred forty-eight (148) acre parcel for a University (Approved by CUP No..86-29). Subject property is located on the Southeast corner of Bolsa Chica Street and Rancho Avenue. This request is covered by Categorical Exemption, Class 15, This Environmental Quality.Act, 1984. Staff reported this request was reviewed by Staff members of both Public Works and Development Services. The Engineerinc firm has provided us with a revised subdivision map and Staff is recommending approval with conditions. Bruce Crosby questioned the wording "Planning Commission"'on one, condition but Bob Franklin.reminded the Board the condition was a follow-up on.a Conditional Use -Permit granted.by-the.•.Planning;' Commission.. . . , The applicant's representative, Greg Stewart, asked how assessment fees would be figured and Bruce Crosby stated it would be based on acreage., Mr. Crosby then advised him.,to,contact Public Works for specific information.. After further discussion, Mr. Stewart agreed to the conditions. UPON MOTION BY,SMITH AND.SECOND BY CROSBY, TENTATIVE{PARCEL MAP NO. 86-263 WAS •APPROVED WITH THE.FOLLOWING FINDINGS,AND CONDITIONS, BY THE FOLLOWING VOTE: FINDINGS FOR APPROVAL: 1. The proposed subdivision of'two-(2)' parcels for purposes of institutional/educatfonal uses 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 for 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 community business district allowing commercial buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be'constructed in compliance with standards plans and [1 -8- 9/3/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 9_ -.,- specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. CONDITIONS OF APPROVAL: A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCEL(S) FOR ANY PURPOSE: 1. The Tentative Parcel Map received by the Department of Development Services on August 22, 1986, shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Bolsa Chica Street and Rancho Road shall be dedicated to City standards. 4. Water supply shall be through the City of Huntington Beach's water system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 5. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel(s) is/are developed (if such systems exist within 200 feet of said parcel(s). 6. Compliance with all applicable City Ordinances. 7. The property shall participate in the local drainage assessment district at the time said parcel(s) is/are developed. (Contact the Department of Public Works for additional information). 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. All vehicular access rights along Bolsa Chica Street and Rancho Road shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission. AYES: Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None 9/3/86 - BZA Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 10 MISCELLANEOUS AGENDA ITEMS: LOT LINE ADJUSTMENT NO. 86-4 Applicant: Robert Stellrecht, Jr. A request to realign the property lines between two (2) adjacent parcels (Parcel 41 and Parcel 45) in Tract 86, Block 16, Lot 4. Subject property is located on the West side of Lynn Street approximately four hundred thirty feet (4301) North of Los Patos Avenue. Staff reported this action was basically to clear up the property lines and James Palin and Paul Cook had reviewed the request. it had been determined to process through the Lot Line Adjustment rather than as an overall tract map. Staff recommended approval with -conditions. The applicant, Robert Stellrecht, Jr., presented maps to the Board and further explained the realignment of the property lines as proposed. This proposal would alleviate the odd -shaped lots which had been created earlier. Michael Strange said that, in his opinion, this should have been an amended map since they would be changing the configuration of the lots. Daryl Smith requested confirmation that the City Engineer had agreed to this arrangement, and Robert Franklin stated he -had attended the meetings where it was reviewed and where this agreement had been reached. UPON MOTION BY SMITH AND SECOND BY POE, LOT LINE ADJUSTMENT NO. 86-4 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS; BY THE FOLLOWING VOTE:. FINDINGSFORAPPROVAL: 1. The Lot Line. Adjustment will not create a nonconforming parcel. 2. The Lot Line Adjustment will not create a nonconforming yard requirement. 3. The Lot Line Adjustment will not sever -any existing structure on either of the two lots. 4. The Lot Line -Adjustment will not allow a,greater number of dwelling units than allowed by -this code prior to the adjustment. -10- 9/3/86 - BZA 1 Minutes, H. B. Board of Zoning Adjustments September 3, 1986 Page 11 CONDITIONS OF APPROVAL: 1. The plan received and dated September 2, 1986, shall be the approved layout. 2. Monuments for the newly -established corners shall be readjusted in compliance with the Subdivision Map Act. 3. Authentic data on the bearings on the adjusted line shall be shown on a plat map which shall be certified by the City Engineer prior to recordation. 4. If the adjustment is not made between two (2) contiguous parcels held under one ownership, each property owner shall certify on the plat map, prior to its recordation, that the adjustment data and his ownership are true and cor_ect. 5. A Record of Survey shall be submitted to the City for certification by the City Engineer and then recorded with the Orange County Surveyor's Office. 6. All previous Conditions of Approval of Tentative Tract Map No. 86-4 shall remain in effect. AYES: Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None USE PERMIT'NO. 86-66 NEGATIVE DECLARATION NO. 86-47 Applicant: William H. Wilson A request to permit three (3) triplexes to be located -at Warner Avenue and Orion Street. Staff reported this original project had been before the Board of Zoning Adjustments previously and then appealed to the Planning Commission. Staff said Mr. Wilson and his Architect, Don Hartfelder, had prepared a revised project and, for the sake of expediency, were requesting that the project be referred directly to the Planning Commission for their review. Daryl Smith questioned the legality of this type of action and Bob Franklin explained that this was a completely new application which had been accepted for processing. The application has not been advertised for the.Board's action today; however, adjacent property owners will be notified prior to the Planning Commission hearing. Mr. Smith asked that the Minutes reflect this action was being taken at the applicant's request and Staff's recommendation. -11- 9/3/86 - BZA Minutes, H. B.'Board"of Zoning Adjustments September 3, 1986 Page 12 UPON MOTION BY SMITH AND SECOND BY POE, USE PERMIT NO. 86-66 AND NEGATIVE DECLARATION NO. 86-47 WERE REFERRED TO THE PLANNING COMMISSION AT THE APPLICANT'S REQUEST, BY THE FOLLOWING VOTE: AYES: Crosby; Krejci, Poe, Smith, Strange NOES: None ABSENT: None There was no further business to be presented to the Board for their review. UPON MOTION BY SMITH AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON MONDAY, SEPTEMBER 8, 1986,,-AT 10:00 A.M., BY THE FOLLOWING VOTE: AYES: Crosby, Krejci, Poe, Smith, Strange NOES: None ABSENT: None len K. Godfrey,'Secretary t Board of Zoning Adjustments jh (6154d) -12- 9/3/86 - BZA