Loading...
HomeMy WebLinkAbout1987-01-14MINUTES HUNTINGTON BEACH BOARD OF ZONING ADJUSTMENTS Room B-8 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, JANUARY 14, 1987 - 1:30 P.M. BOARD MEMBERS PRESENT: STAFF MEMBERS PRESENT: Evans, Godfrey, Krejci, Poe, Smith Phillips MINUTES: UPON MOTION BY EVANS AND SECOND BY GODFREY, MINUTES OF THE REGULAR MEETING OF DECEMBER 24, 1986, WERE APPROVED AS TRANSCRIBED, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Chairman Tom Poe stated he had been asked to delay the Election of Officers until the end of the Regular Meeting and the Board members concurred. REGULAR AGENDA ITEMS: TENTATIVE PARCEL MAP NO. 86-419 (Cont. from 12/31/86) Applicant: Donalie J. Hunt A request to permit consolidation of two (2) parcels into one (1) parcel. Subject property is located at 302 Twenty-first Street (Northeast corner of Olive Avenue and Twenty-first Street). This request is covered by Categorical Exemption, Class 5 (c), California Environmental Quality Act, 1986. Staff member, Laura Phillips, reported the request was for consolidation of two (2) twenty-five foot (251) lots into one fifty foot (501) parcel. The corner radius dedication would have to be made to the City of Huntington Beach and Staff would recommend approval with conditions. The applicant, Donalie J. Hunt, was present and agreed to the conditions as presented by Staff. UPON MOTION BY EVANS AND SECOND BY GODFREY, TENTATIVE PARCEL MAP NO. 86-419 WAS APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE: Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 2 FINDINGS FOR APPROVAL: 1. The proposed consolidation of two (2) parcels for purposes of residential use 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 residential district allowing residential buildings was placed on the subject property. 4. The size, depth, frontage, street width and other design and improvement features of the proposed consolidation are proposed to be constructed in compliance with standards plans and 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 December 15, 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. Alley and streets 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. All utilities shall be installed underground at the time said parcel(s) is/are developed. 7. Compliance with all applicable City Ordinances. -2- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 3 8. A copy of the recorded parcel map shall be filed with the Department of Development Services. 9. All vehicular access rights along Twenty-first Street shall be dedicated to the City of Huntington Beach except at locations approved by the Board of Zoning Adjustments. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None COASTAL DEVELOPMENT PERMIT NO. 86-38 NEGATIVE DECLARATION NO. 86-65 Applicant: CitY of Huntington Beach A request to permit construction of twenty thousand, six hundred fifty (20,650) Linear Feet of twenty inch (2011) diameter water transmission pipeline, including trenching, repaving and traffic control. Subject property is located on a portion of Golden West Street in northerly direction from Olive Avenue and portions of Olive Avenue and Lake Street. This request is covered by Negative Declaration No. 86-65. Staff stated this request was for construction of water transmission lines in the "Old Town" section. The line will start on Golden West Street just North of Yorktown Avenue, go East on Olive Avenue, North on Third Street, continue North on Lake Street, and East on Yorktown Avenue to Huntington Street. A portion of the line will run through an appealable area of the Coastal Zone and this necessitated the Coastal Development Permit. The transmission lines are required to increase water pressure for more efficient water service, fire protection, etc. The residents surrounding the project have been notified but Staff received no negative comments. Staff recommended approval of the project with conditions covering the mitigations listed in the Negative Declaration. The Public Hearing was opened and Bill Patapoff of the Public Works Department was present to represent the City of Huntington Beach. Mr. Patapoff said Staff had described the project accurately and he had no further questions or comments for the Board. Charlene Stewart asked if the residents would be without water service for a long period of time. Mr. Patapoff explained the construction company would be required to construct the lines in such a manner as to disrupt water service for no longer than four (4) hour periods. Ms. Stewart agreed the additional water pressure was needed in the downtown area. -3- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 4 Kim Barnes, 302 Eighth Street, Apt. C., expressed concern about the length of time the residents would be unable to park on Olive Street since they had no carports for their tenants. Bill Patapoff explained this was a large main but the contractor should be able to construct approximately one-half block of line per day. Another resident, Ruby Scott of 7821 Talbert Avenue, asked what the new line would do to their tax shelters and whether or not it would increase their taxes. Mr. Patapoff told her the project was being paid for by the City with redevelopment funds. There was no one else present wishing to speak for or against the project so the Public Hearing was closed. Les Evans asked Bill Patapoff when the City expected to start construction. Mr. Patapoff explained they were presently at the ninety percent (90%) design stage and hoped to start construction immediately after the rainy season - probably April or May. UPON MOTION BY POE AND SECOND BY GODFREY, COASTAL DEVELOPMENT PERMIT NO. 86-38 AND NEGATIVE DECLARATION NO. 86-65 WERE APPROVED WITH THE FOLLOWING FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE:, FINDINGS FOR APPROVAL: 1. The proposed water transmission line 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, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. Those areas in the Coastal Zone impacted by this project will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. Conditions of Approval will provide for the project's conformance with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan received and dated December 15, 1986, shall be the approved layout. 2. Traffic circulation impacts shall be minimized to the extent possible through use of alternate routes, flagmen or other construction safety devices. -4- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 5 3. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Construction activities shall comply with the Noise Ordinance contained in Article 8.40 of the Huntington Beach Municipal Code. AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None CONDITIONAL EXCEPTION NO. 86-115 USE PERMIT NO. 86-96 Applicant: Paul K. Alford CE REQUEST: To permit 50.87 percent site coverage in lieu of fifty Percent (50%) maximum site coverage. UP REQUEST: To permit an additional dwelling unit on a lot with existing nonconforming side yards. Subject property is located at 606 Eighteenth Street (East side of Eighteenth Street approximately fifty feet (50') North of Acacia Avenue). This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. According to Staff, this request was to add a new residential unit on a lot which currently has a nonconforming building. The site coverage is slightly over the fifty (50) square feet allowable under the Code and is located in the town lot area. Staff could make no findings for a land -related hardship for granting the Conditional Exception so Staff recommended denial. However, Ms. Pierce recommended approval of the Use Permit if the applicant would make the necessary reduction in size to conform with the maximum fifty percent (50%) site coverage. Glen Godfrey asked what the 0.87 percent computed to in square footage and Ms. Phillips said it would be approximately fifty (50) square feet of space. The Public Hearing was opened and the applicant, Paul Alford, was present. Mr. Alford stated that, prior to having his designer start work on the plans, he had contacted the Planning Department at the City and was told he could have up to fifty-five percent (55%) site -5- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 6 coverage. While the plans were being checked, it was determined that the Code would only allow the fifty percent (50%) site coverage in that particular area and under the circumstances of the nonconforming side yards. Mr. Alford continued that he and his designer had worked very diligently to reduce the coverage but had only been able to reduce it to the 50.87 percent without destroying the integrity of the design; therefore, he was requesting the variance. Glen Godfrey asked if the designer has included the roof overhang in the calculations but Mr. Alford could not answer the question. Les Evans asked if there had been a zone change which had created this situation. Tom Poe answered it had always been fifty percent (50%) in this area and Glen Godfrey verified that information. This was followed by a discussion with the applicant as to possible alterations to the plans to accommodate the correct site coverage but no decision was reached. Tom Poe asked Mr. Alford if changing his structural plans would be quite expensive. Mr. Alford said they would have,to "scratch" the plans and start all over if they still had to meet that 0.87 percent reduction. Daryl Smith suggested the applicant might want to ask for a continuance to give his designer an opportunity to be present and answer some of the questions about what had or had not been included in the calculations - questions Mr. Alford seemed unable to answer. Mr. Alford said he would request such a continuance. The Public Hearing was left open to the next meeting. UPON MOTION BY SMITH AND SECOND BY EVANS, CONDITIONAL EXCEPTION NO. 86-115 AND USE PERMIT NO. 86-96 WERE CONTINUED TO THE REGULAR MEETING OF JANUARY 21, 1987, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None USE PERMIT NO. 86-92 Applicant: Cora Gaslawski A request to permit twenty-four (24) hour board and care for six (6) elderly people. Subject property is located at 19632 Occidental Lane (East side of Occidental Lane approximately two hundred feet (200') North of Madeline Drive). This request will require a Negative Declaration. -6- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 7 Staff informed the Board that, subsequent to the time this application was originally advertised, it had been determined that a Negative Declaration would be required. The applicant has filed the Negative Declaration and the project is being readvertised. The applicant is in concurrence with a continuance to the meeting of January 28, 1987, to provide time for the readvertisement. Staff informed the Chairman there were people present who wished to speak relative to the request. Chairman Poe opened the Public Hearing but the applicant was not present. Ms. Phillips explained the applicant had probably felt it was unnecessary to be present since the meeting was to be continued. Chairman Poe asked for a more detailed description of the request from Staff and she explained the applicant wished to furnish board and care for six (6) elderly people in a single family residential neighborhood. The patients would be ambulatory but the applicant would need additional help in caring for the elderly persons. The adjacent neighbors have expressed concern over the additional traffic, noise, etc., which will be generated by a care facility of this type. An adjacent resident, W. G. Lybyer, 9191 Madeline Drive, said his main concern was that the request was for operating a business - pure and simple - in a single family residential area! He further stated other people could not get variances of this nature and asked what possibilities were available for removing a business of this nature if it did develop into a problem for the neighborhood. Ms. Phillips said the Board could revoke the license if all conditions placed on the operation are not met. Glen Godfrey reiterated the fact the Board has revoked licenses in the past. Mr. Lybyer added that tenants of the house had been a "pain in the neck" to the whole neighborhood - the house is not painted, grass not mowed, young people having wild parties, etc. F. J. Terry, 19602 Occidental, verified Mr. Lybyer's statements that the house had not been properly maintained for the last eight years. Mr. Terry also added that ambulances, fire trucks, etc., coming in at night would disturb the neighborhood and he did not think a business should be allowed in their residential area. Mary Abegg, 9172 Madeline Drive, asked if the applicant would be available at the later meeting to answer some questions about the operation of such a facility and Ms. Phillips said the applicant should be present. Ms. Abegg then asked if other operations of this type would be allowed to come into their area if this request was granted. Glen Godfrey stated the State of California allows local communities to regulate distances between homes of this sort, and the Board could establish a condition that no other "care" homes would be allowed within a stipulated area. -7- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 8 Another resident, Colleen Talbot, 9192 Madeline Drive, stated the adjacent residents wanted a condition added, if the project was approved, that the request would be reviewed in one (1) year to see if the operators were functioning correctly; and, if not, that the permit would be revoked. Glen Godfrey suggested that the project might be conditioned so that the house would have to be cleaned and fixed up and then maintained in order to have the facility there. Mr. Godfrey further suggested Staff contact the owner of the f property in question and invite him to attend the next meeting. Ms. Talbot said that would be wonderful. Daryl Smith stated the continuance would give the Board members a better opportunity to evaluate the situation since the neighbors have expressed their concerns. Since the meeting was being continued, the Public Hearing was kept open. UPON MOTION BY SMITH AND SECOND BY GODFREY, USE PERMIT NO. 86-92 WAS CONTINUED TO THE REGULAR MEETING OF JANUARY 28, 1987, BY THE FOLLOWING VOTE: AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen Godfrey invited the residents to write letters prior to the meeting of January 28, 1987, expressing their opinions - pro or con - on the project so they might be made a part of the file. POSSIBLE RECONSIDERATION OF CONDITIONAL EXCEPTION NO. 86-99 USE PERMIT NO. 86-86 Applicant: John David King CE REQUEST: To allow 1) a portion of driveway over one hundred fifty feet (1501) in length to be ten feet (101) wide, 2) a minimum ten foot (10') with average eleven foot (111) side yard setback in lieu of required minimum fifteen foot (15'), average twenty foot (20') setback, 3) an average seventeen foot (17') front yard setback in lieu of an average twenty foot (201) setback, and 4) private yards to fulfill common open space requirement. UP REQUEST: To permit a six (6) unit apartment complex. Subject property is located at the Southeast corner of Elm Street and Cypress Avenue. This request is covered by Categorical Exemption, Class 5, California Environmental Quality Act, 1986. -8- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 9 Staff explained this request for six (6) apartment units was originally planned for access off Cypress Avenue but Redevelopment requested that the access be from Elm Street. Mr. King redesigned the project with access from Elm Street. The Board heard and denied this request on December 31, 1986. After that denial and further evaluation of the project, Redevelopment has now allowed him to have access from Cypress Avenue. Should the Board wish to reconsider and readvertise the project, the first date the project could be heard would be January 28, 1987. Glen Godfrey said the Planning Department had indicated that Mr. King could resubmit under these same numbers so he would not have to pay an additional fee. Dennis Krejci said it was his understanding Mr. King's requests had been appealed to the Planning Commission. This would create a problem with the numbers - one set going to the Planning Commission and the other set coming back to the Board. Tom Poe said the access problem and the ten foot (10') drive were his reasons for denial and those problems would be alleviated. Daryl Smith reminded the Board that, if they heard this as a Reconsideration without readvertising, it would create a problem similar to another recent one. He also reminded the Board that Mr. Alvarez had complained about the fence and other items. Ms. Phillips informed the Board the Conditional Exception request would be changed with submittal of the revised plans. Mr. King stated he had no objections to paying the new fees. Glen Godfrey said new numbers could be assigned to the requests and Mr. King could start the process over. Mr. King then stated he would withdraw the appeal and Mr. Godfrey said the appeal money could be applied to the new requests. Daryl Smith said he would move that the Minutes reflect that the Board held a discussion regarding these items at the request of the applicant and based upon a meeting with James W. Palin. Mr. Smith added that Mr. King can reapply on this project with costs as applicable by Code requirements; and, furthermore, Mr. King's appeal will be withdrawn and Staff recommends those appeal costs be transferred to his new application costs. Glen Godfrey stated he would second the motion. SMITH MOVED THAT THE PROJECT PRESENTLY COVERED BY CONDITIONAL EXCEPTION NO. 86-99 AND USE PERMIT NO. 86-86 BE ASSIGNED NEW APPLICATION NUMBERS, APPEAL BE WITHDRAWN, AND APPEAL MONEY APPLIED TO THE NEW APPLICATION. MOTION WAS SECONDED BY GODFREY AND APPROVED BY THE FOLLOWING VOTE: -9- 1/14/87 - BZA Minutes, H. B. Board of Zoning Adjustments January 14, 1987 Page 10 AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Chairman Tom Poe opened the nominations for Officers of the Board of Zoning Adjustments. Les Evans nominated Dennis Krejci for Chairman and Glen Godfrey ' seconded the motion. Daryl Smith moved that the nominations for Chairman be closed, seconded by Tom Poe. Dennis Krejci was named Chairman by the following vote: AYES: Evans, Godfrey, Poe, Smith NOES: None ABSENT: None ABSTAIN: Krejci Tom Poe nominated Les Evans for Vice Chairman, seconded by Dennis Krejci. Daryl Smith moved that the nominations for Vice Chairman be closed, seconded by Glen Godfrey. Les Evans was named Vice Chairman by the following vote: AYES: Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None ABSTAIN: Evans There was no further business to be presented to the Board for their review. UPON MOTION BY EVANS AND SECOND BY POE, THE REGULAR MEETING WAS ADJOURNED TO A STUDY SESSION ON TUESDAY, JANUARY 20, 1987, BY THE FOLLOWING VOTE: `AYES: Evans, Godfrey, Krejci, Poe, Smith NOES: None ABSENT: None Glen K. Godfrey, Secretary Board of Zoning Adjustments jgh (7208d) -10- 1/14/87 - BZA