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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