HomeMy WebLinkAbout1987-04-29Me. Z19NONWORNME
Room B-8 - Civic Center
2000 Main Street
Huntington Beach, California
0*10
BOARD MEMBERS PRESENT: 'Evans, Godfrey, Krejci, Poe, Smith
STAFF MEMBERS PRESENT: Phillips
EXTENSION OF TIME USE PERMIT NO. 86-40
Applicant,: Huntington Beach Company
A request to permit a one year extension of time for Use Permit No.
86-40 (to permit a 573 1/2 square foot rest stop building and a
"hitting wall" for Seacliff (Tennis Club). The subject property is
located at 6501 Palm Avenue.
This request is covered by Categorical Exemption, Class 1,
California Environmental Quality Act, 1986.
Staff member, Laura Phillips, reported that the request is for a one
year extension of time for -Use Permit No. 86-40 which will expire
June 4, 1987. Staff recommendated approval of the request with the
original conditions of approval.
Secretary Godfrey reported for the record thata representative from
the Huntington Beach Company was present.
A MOTION WAS MADE BY.EVANS AND SECOND BY POE TO APPROVE THE ONE YEAR
EXTENSION OF TIME FOR USE PERMIT NO. 86-40 WITH THE ORIGINAL
CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE:
AYES: Evans, Godfrey, Krejci, Poe, Smith
NOES: None
ABSENT: None
Chairman Krejci reported that the next four agenda items would be
heard together as the applicant and the basic request was the same.
USE PERMIT NO. 87-21, USE PERMIT NO. 87-25, USE PERMIT NO. 87-26,
USE PERMIT NO. 87-27
Applicant: John De leonardi
Use Permit No. 87-21, a request to permit four (4) units at 8462
Slater; Use Permit No. 87-25, a request to permit four (4) units at
8472 Slater; Use Permit No. 87-26, a request to permit three -(3)
units at 17531 Newland; and Use Permit No. 87-27, four (4) units at
17511 Newland which front arterial highways (Newland and Slater).
These requests are covered by Categorical Exemption, Class 3,
California Environmental Quality Act, 1986.
Staff member, Laura Phillips, reported that the projects are in
compliance with the zoning code for open space, parking and
setbacks.. Staff stated concern regarding the architectural
treatment.of the roofs and recommended that the flat portions of the
roofline be modified and approved by Development Services. Staff .
further requested that the building colors and materials be approved
by Development Services and patios, balconies and dens be depicted
on the revised site plan and floor plans. Staff recommended
approval of all four projects with conditions.
Dennis Krejci opened the Public Hearing. The applicant,
John De leonardi was present. He agreed to all the conditions of
approval except for rooflines. He said that the architectural
design conforms with the neighborhood and the mix of tile and flat
roof is not detrimental to the look of the project.
There was no one else present wishing to speak for or against the
project so the Public Hearing was closed.
Board member Evans agreed with the staff recommendation stating that
the old adobe style architecture does not fit into the neighborhood.
Board member Godfrey stated that the Board should be concerned with
architecture facing a major arterial.
Board member Smith stated for the record, that the condition
regarding the roof line pertained only to the flat portion of the
roof.
A MOTION WAS MADE BY EVANS AND SECOND BY GODFREY TO APPROVE USE
PERMIT NO.87-21, USE PERMIT NO. 87-25, USE PERMIT NO. 87-26, USE
PERMIT NO., 87-27 WITH FINDINGS AND CONDITIONS, BY THE FOLLOWING VOTE:
FINDINGS FOR APPROVAL USE PERMIT NOS 87-21 87-25 87-26 & 87-27:
1. The establishment, maintenance and operation of the use will
not be detrimental to:
(8116d) -2- 4/29/87 - BZA
a. The general welfare of persons residing or working in the
vicinity;
b. Property and improvements in the vicinity of such use or
building.
2. The granting of the Use Permit will not adversely affect the
General Plan of the City of Huntington Beach.
3. The proposal is consistent with the goals and objectives of the
City's General Plan and Land Use Map.
SPECIAL CONDITIONS OF APPROVAL USE PERMIT NOS 87-21 87-25 87-26 &
87-27•
1. The site plan, floor plans, and elevations received and dated
April 21, 1987 shall be revised depicting the modifications
described herein:.
a. Modify flat portions of roofline to hip roofs to
satisfaction -of Development Services.
b. Building colors and materials to be approved by Development
Services.
c. Show all patios and balconies, label all dens, remove
closets from dens.
2. The parcel map or plat map (Tentative Parcel Map No. 87-113)
and notice shall be recorded with the Orange County Recorder
and a copy of the recorded map or plat filed with the
Department of Development Services prior to final inspection or
occupancy.
3. Prior to issuance of building permits, the applicant shall
submit the following plans:
a. Landscape and irrigation plan to the Department of
Development Services and Public Works for review and
approval.
b. Rooftop Mechanical Equipment Plan. Said plan shall
indicate screening of all rooftop mechanical equipment and
shall delineate the type of material proposed to screen
said equipment.
4. Installation of required landscaping and irrigation systems
shall be completed prior to final inspection.
5. Trash enclosure doors shall not face the public right-of-way.
6. On -site fire hydrants shall be provided in number and at
locations -specified by the Fire Department (at Slater and
Newland).
(8116d) -3- 4/29/87.- BZA
7. 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.
AYES: Evans,
NOES: None
ABSENT: None
MOTION PASSED
Godfrey, Krejci, Poe,.Smith;
COASTAL DEVELOPMENT PERMIT, NO., 87-11-.
Applicant: June and Arthur Ascolesi
A request to permit construction of a retaining wall over six feet
(6') in height for the purpose of retaining more than 100 cubic
yards of,material.. ,The subject property is located at 16931 Concord
(West side of Concord Lane approximately 140 feet South of Davenport
Drive)..
This request is covered by Categorical Exemption, Class 3 and Class
5, California Environmental Quality Act, 1986.
Les Evans suggested that Coastal, Development.Permit No. 87-1l;and
No. 87-12 be, considered at the ,same time, due �to,Ithe request: -for the
wall being identical,,as..the.properties are adjoining.
The applicants were present=and,;agreed to_the suggestion.
COASTAL DEVELOPMENT PERMIT NO. 87-12
Applicant: Miguel and Sonja Coello,.
,: _
A request to - permit construction .of a;.retaining wall over :six ,feet
(61) in height for the purpose of retaining more than 100 cubic
yards of material. The subject property is located at 16951 Concorn
(West side of Concord,Lane approximately 200 feet South of Davenport
Drive.
This request is covered by Categorical Exemption,- Class 3 and Class
5, California Environmental Quality.Act,-1986:_,,
Staff member, Laura Phillips, reported that the applicants obtained
building permits to build a 6' high retaining wall; however, the
wall was constructed higher than 6'.• When a complaint was filed
with the City, the work was stopped. She said that staff had
received numerous telephone calls from residents objecting to the
height of the wall and the lack of uniformity. The issue that has
come up effects other walls in the Harbor and in the City;
therefore, staff is attempting to establish a standard for walls
where there are slopes. Staff recommended the Board to open the
public hearing, hear the public testimony and continue to allow
staff time to do further research.
1
(8116d) -4- 4/29/87 - BZA
Board member Godfrey stated that the building permit clearly stated
a six (6) foot wall only to be allowed. The wall was engineered and
approved for eight (8) feet but the applicant was aware of Plannings
concern for any wall in excess of six (6) feet. The applicant
further exceeded even the eight (8) foot wall by another four (4)
feet; thereby compounding the violation.
Board member Smith felt that the requests probably would end up at
the Planning Commission and recommended the items be referred
directly to the Planning Commission.
The public hearing was opened.
The applicant for CDP 87-11, June Ascolesi, was present and spoke in
support of the requests. She said they were told by the City that
they could build an 8' retaining wall and the measurement would be
taken from the inside of their property. The wall was inspected and
approved by City inspectors three times at the 8' level. She went
on to say that when the contractor finished the 8' wall, he advised
they could go higher because of the inside measurement. They did
not come back to the City for approval and she realized that was a
mistake. She also said the Huntington Harbor Homeowners Association
and the neighbors,had given approval for the construction of the
wall.
The applicant for CDP 87-12, Miguel Coello, was present and spoke in
support of the requests.
Ruth Swift, 17089 Westport Drive, spoke in support of the requests.
She said the wall would look very nice when completed with the vines
that were planned to cascade over the wall.
John Stillman, 16911 Westport Drive, spoke in opposition of the
requests. Mr.,Stillman's home is directly across the street from
the wall. He said he had signed an agreement prepared by the
applicants to build a slumpstone not a plain concrete wall. He
requested that the items be referred to the Planning Commission and
that a policy decision be made.
Russel Spears, 16951 Westport, spoke in opposition of the requests.
He said the wall is poorly built and that it would bring down the
property value in the neighborhood.
Al Geiger, 17001 Westport, donated his time to Mr. Simonick.
Mr.. Simonick, 16921 Westport Drive, spoke in opposition of the
requests. He said he was opposed to the height and said the wall
does not conform with the City's standards.
Chuck Chisholm, 16901 Westport; spoke in opposition of the
requests. He said the wall is not asetheticly appealing. He was
concerned if there were an earthquake; the wall would fall half way
across the street.
(8116d) -5- 4/29/87 - BZA
Shirley de Heras, 16941 Westport Drive, spoke in opposition of -the
requests. She also felt the value of the homes would be decreased
because it looks like a prison wall.
Elfriede Geiger, 17001 Westport Drive, spoke in opposition of the
requests. She had not given approval to the applicants for the
construction. She was concerned because if this type,of wall was
permitted to continue, her property could face a,20 foot wall.
D. J. Chisholm, 16901 Westport,Drive,-spoke in opposition of the
requests. Requested that something be done to prevent walls over
six feet.
Margaret Bromberg, 16971 Westport' Drive, spoke in opposition of the
requests. She was concerned that other residents might want to
build similar walls which wo.uld,decrease property,value.,
Ruth Swift, 17089 Westport Drive, spoke in support of the requests.
She said the wall is not unsightly.
-Arthur Ascolesi,,.applicant, spoke.in support of the requests.
Joyce Goldenson,.16831.Baruna Lane, a.Huntington,Be.ach,Realtor,
spoke in opposition of the request. She said the concrete and the
height would decrease property value in the area.
Russel Spears, 16951 Westport, spoke in opposition of the requests.
He indicated that he had not signed the agreement for the
construction. He went on to s.ay that ,the street was beautiful
before construction of the.wall but now -looks like,an alley.
June Ascolesi, applicant, reported that the concrete type wall was
chosen because she had been advised that concrete was the strongest
type of wall. She said the wall, when completed, would be covered
with greenery and would be beautiful.
Arthur de Heras, 16941 Westport Drive, spoke in opposition of the
requests.
Ruby Devin, 3561 Aquarius Drive, spoke in support of the requests.
She said the wall is attractive.
There were no other persons toIspeak-for .or -against the requests and
Board discussion began with the public hearing left open.
The Board discussed a need for a city-wide policy on how future
walls are going to be built where there are slopes.
(8116d) -6- 4/29/87 - BZA
A MOTION WAS MADE BY SMITH AND SECOND BY GODFREY TO CONTINUE COASTAL
DEVELOPMENT PERMITS NO. 87-11 AND 87-12 TO THE MEETING OF
MAY 13, 1987, BY THE FOLLOWING VOTE:
AYES: Godfrey, Smith
NOES: Evans, Krejci, Poe,
ABSENT: None
MOTION FAILED
A MOTION WAS MADE BY EVANS AND SECOND BY GODFREY TO DENY COASTAL
DEVELOPMENT PERMITS NO. 87-11 AND 87-12, BY THE FOLLOWING VOTE:
AYES: Evans, Godfrey,
NOES: Krejci, Poe, Smith
ABSENT: None
A MOTION WAS MADE BY SMITH AND SECOND BY POE TO REFER COASTAL
DEVELOPMENT PERMITS NO. 87-11 AND 87-12 TO THE PLANNING COMMISSION,
BY THE FOLLOWING VOTE:
AYES: Evans, Krejci, Poe, Smith,
NOES: Godfrey
ABSENT: None
MOTION PASSED
COASTAL DEVELOPMENT PERMIT NO. 87-13
applicant: Sally Price
A request to permit construction of a single family dwelling. The
subject property is located at 17191 Marina View Place (West side of
Marina View Place approximately 200 feet South of Warner Avenue).
This request is covered by Categorical Exemption, Class 3,
California Environmental Quality Act, 1986.
Staff member; Laura Phillips, reported that the applicant has
conformed to all requirements of the zoning code, view corridor and
setback requirements. Staff recommended approval with conditions to
the Board.
The public hearing was opened and the applicant, Sally Price, was
present. She said they had been working with staff very diligently
to meet all the City requirements.
There were no other persons to speak for or against the project and
the public hearing was closed.
(8116d) -7- 4/29/87 - BZA
A MOTION WAS MADE BY SMITH AND SECOND BY GODFREY TO APPROVE COASTAL
DEVELOPMENT PERMIT NO. 87-13 WITH FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:
FINDINGS FOR APPROVAL:
1. The proposed 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
provisions of the Huntington Beach Ordinance Code applicable to
the property.
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 recreations policies of Chapter 3 of the
California Coastal Act. The residence will not block views of
or access to the coast.
SPECIAL CONDITIONS OF APPROVAL:
1. The site plan, floor plans, and elevations received and dated
April 28, 1987 shall be the approved layout.
2. An automatic fire sprinkler system shall be,approved and
installed pursuant -to Fire Department regulations.
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.
4. Automobiles or other vehicles parked on the driveway shall not
encroach into the view easements.
5. Natural gas shall be stubbed in at the locations of cooking
facilities, water heaters, and central heating units.'
6. Low -volume heads shall be used on all spigots and water faucets.
7. 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.
8. All applicable Public Works fees shall be paid prior to
issuance of building permits.
(8116d) -8- 4/29/87 - BZA
L
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. The development shall comply with all applicable provisions of
the Ordinance Code, Building Division, and Fire Department.
2. The applicant shall meet all applicable local, State, and
Federal Fire Codes, Ordinances, and standards.
AYES: Evans, Godfrey, Krejci, Poe, Smith
NOES: None
ABSENT: None
TENTATIVE PARCEL MAP 87-219
Foodmaker. Incorporated
A request to consolidate six parcels into one parcel. The subject
property is located at 16305 and 16311 Beach Boulevard (Northwest
corner of Beach Boulevard and MacDonald Avenue).,
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
Staff member, Laura Phillips, reported that the request -was to
consolidate six parcels at the Jack -In -The -Box site on Beach
Boulevard. Staff recommended approval with conditions.
Irvon Clear, Site Engineer for Jack -In -The -Box, was present and
agreed to the conditions as presented by staff.
A MOTION WAS MADE BY EVANS AND SECOND BY GODFREY TO APPROVE
TENTATIVE PARCEL MAP NO. 87-219 WITH FINDINGS AND CONDITIONS, BY THE
FOLLOWING VOTE:.
FINDINGS FOR APPROVAL:
1. The proposed consolidation of.six (6) parcels for purposes of
industrial (commercial) 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 business
district allowing commercial buildings was placed on the
subject property.
(8116d) -9- 4/29/87 - BZA
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
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 FOR
ANY PURPOSE:
1. The Tentative Parcel Map received by the Department of
Development Services on April 16, 1987, 1985, 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. Water supply shall be through the City of Huntington Beach's
water system at the time said parcel is developed (if such
systems exist within 200 feet of said parcel(s).
4. 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.
5. All utilities shall be installed underground at the time said
parcel is developed.
6. Compliance with all applicable City Ordinances.
7. A copy of the recorded parcel map shall be filed with the
Department of Development Services.
AYES: Evans, Godfrey, Krejci, Poe, Smith
NOES: None
ABSENT: None
MOTION PASSED
TENTATIVE PARCEL MAP NO. 87-203
Applicant: Robert Stellrecht, Jr.
A request to consolidate two parcels into one parcel. The subject
property is located at 4600 Stellrecht Circle and 4610 Stellrecht
(East side of Sims Street just South of Orion Stree).
This request is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986.
1
(8116d) -10- 4/29/87 - BZA
Staff member, Laura Phillips, reported that the request was to
consolidate two parcels into one parcel. Staff recommended approval
with conditions.
A MOTION WAS MADE BY SMITH AND SECOND BY EVANS TO APPROVE TENTATIVE
PARCEL MAP NO. 87-203 WITH FINDINGS CONDITIONS BY THE FOLLOWING VOTE:
FINDINGS FOR APPROVAL:
1. The proposed consolidation of two (2) parcels for purposes of
residential use is 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 low density land use designation was placed
on the subject property allowing for residential development.
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
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 April 15, 1987, 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. Water supply shall be through the City of Huntington Beach's
water system at the time said parcel is developed (if such
systems exist within 200 feet of said parcel.
4. Sewage disposal shall be through the City of Huntington Beach's
sewage system at the time said parcel is developed (if such
systems exist within 200 feet of said parcel.
5. All utilities shall be installed underground at the time said
parcel is developed.
6. Compliance with all applicable City Ordinances.
7. A copy of the recorded parcel map shall be filed with the
Department of Development Services.
(8116d) -11- 4/29/87 - BZA
8. All vehicular access rights along Sims and Stellrecht Circle
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
TENTATIVE PARCEL MAP NO. 87-204
Applicant: Robert Stellrecht, Jr.
A request to consolidate two lots into one lot. The subject
properties are located at 4661 Stellrecht and 17121 Lynn Street.
This request .is covered by Categorical Exemption, Class 5,
California Environmental Quality Act, 1986
Staff member, Laura Phillips, commented that the request -was to
consolidate two lots -into one lot. —Staff recommended approval with
conditions.
A MOTION WAS MADE BY SMITH AND SECOND BY EVANS TO APPROVE TENTATIVE
PARCEL MAP NO. 87-204 WITH FINDINGS AND CONDITIONS, BY THE FOLLOWING
VOTE: .
1. The proposed'consolidation-of two (2) parcels for purposes of
residential use is -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 low density land use designation was placed
on the subject property allowing for -residential development.
4. The size, depth, frontage, street width and other design and
improvement features of the proposed subdivision are proposed
to be constructed incompliance 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.
1
(8116d) -12- 4/29/87 - BZA
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 April 29, 1987, 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. Water supply shall be through the City of Huntington Beach's
water' system at the time said parcel is developed (if such
systems exist within 200 feet of said parcel.
4. Sewage disposal shall be through the City of Huntington Beach's
sewage system at the time said parcel is developed (if such
systems exist within 200 feet of said parcel.
5. All utilities shall be installed underground at the time said
parcel is developed.
6. Compliance with all applicable City Ordinances..
7. A copy of the recorded parcel map shall be filed with the
Department of Development Services.
8. All vehicular access rights along Sims and Stellrecht Circle
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
A MOTION WAS MADE BY SMITH AND SECOND BY POE, TO ADJOURN THE REGULAR
MEETING OF APRIL 29, 1987 TO A STUDY SESSION AT 10:00 AM ON MONDAY,
MAY 4, 1987, BY THE FOLLOWING VOTE:
AYES: Evans, Godfrey, Krejci, Poe, Smith
NOES: None
ABSENT: None
MOTION PASSED
Glen K. Godfrey, Secretary
Board of Zoning Adjustments
:jr
(8116d) -13- 4/29/87 - BZA