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HomeMy WebLinkAbout1996-12-11MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 11, 1996, 6:00 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wayne Carvalho, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: October 23, 1996, Minutes were approved. ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 96-51 (TRAFFIC CONTROL GATES) APPLICANT: Cliff Hoskins, 3017 Warren Lane, Costa Mesa, CA 92626 PROPERTY OWNER: Central Park Estates #9, Homeowners' Association, 18702 Jockey Circle, Huntington Beach, CA 92648 REQUEST: To permit the installation of traffic control gates at the entry to Tract 13439 (Central Park #9) at the intersection of Derby Circle and Saddleback Lane. LOCATION: 18311 Saddleback Lane (intersection at Derby Circle) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and photographs. Mr. Carvalho stated this was a request to permit the installation of traffic control gates at the entry to Tract 13439 (Central Park #9) at the intersection of Derby Circle and Saddleback Lane within the Ellis-Goldenwest Quartersection. The gate system consists of automatic gates, one (1) for entry and one (1) for exiting the tract, a pedestrian gate for the south and security fencing made of seven (7) foot high ornamental tube steel. The Public Works Department Traffic Division and the Fire Department have reviewed the plan and conceptually approved it prior to submittal of the conditional use permit by the applicant. The applicant has indicated he is representing the Homeowners' Association. An identical request was filed by the Developer in 1992, which came before the Zoning Administrator and was denied in February of 1993. The findings made at that meeting were that it had adverse impacts to Lot No. 1, there was potential for stacking and traffic impacts from the design and location of the call box and gates and that the gates were directly in front of Lot No. 1. Staff does not support the proposed request based on the findings outlined in the agenda staff report. They include: 1) the design and location of the traffic gates and fencing directly impacts property at 6881 Derby Circle, Lot No. 1; and 2) a portion of the fencing along the front of the property runs half way in front of the property, which is awkward in terms of access to and from the lot. The impacts include reduced privacy and increased noise from gate motors, the visitor call box and vehicles stacking in front of the gates. Staff has received several letters and phone calls, most of which are in support of the request from property owners within the tract. There were two (2) letters in opposition. One (1) was received from the property owner of Lot No. 1. The fourteen in support note that prior to purchasing the lot they were led to believe that eventually the tract would be a gated community. They are requesting approval in order to have a secure and safe environment for their children. The issue of gating the entire quartersection is currently before the City. Staff s position is that the City's intent is to gate the entire quartersection and that if gates go up at each tract it will be harder for the Associations to get together and agree on gating the entire quartersection. However, the Homeowners' Association has agreed to remove the proposed gates in the event the entire quartersection is gated. Herb Fauland, Zoning Administrator, asked staff if the fence was reviewed by Design Review Board. Staff stated that it had not been. Mr. Fauland stated that he did visit the site and the entire quartersection. He also indicated that he had received phone calls from Maureen Pepperly (SP?), Jane Yata (SP?) and the Tran Family all in support of the gate. THE PUBLIC HEARING WAS OPENED. Cliff Hoskins, 3017 Warren Lane, Costa Mesa, agent for the applicants, requested a continuance to negotiate with the individuals in opposition of the request. Herb Fauland, stated he had two (2) concerns. First the Holiday Season was upcoming and he was not certain when the request could be rescheduled. Mr. Hoskins stated they would prefer to continue until the first of the year. Mr. Fauland's second concern was that there were a number of people who would like to speak. Testimony can be taken now or postponed until the hearing is rescheduled. Dave Wigney, 15051 Sussex, stated he was not in agreement with the continuance. He stated he is opposed to the request. Larry Gusse, 6811 Coral Circle, stated he lives in the adjacent tract and they do not support the request. He is also opposed to a continuance. Carrie Thomas, Country View Estates, stated opposition to gating the individual tracts. She stated the goal is to gate the entire quartersection. ZA Minutes - 12/11/96 2 (MIN1211) C f] Tim Ryan, 6762 Corral Circle, submitted letters of opposition to the staff. He is opposed to gating the individual tracts. Joe Young, 6801 Derby Circle, spoke in support of the request. He stated that a master plan to gate the entire quartersection would be very hard to obtain unless a precedent is set for a gate. He also stated that those in support are very willing to remove the gate once the master plan gate is installed. Norma Ankerstar, 6792 Corral Circle, asked staff if the City could guarantee if this gate were installed that it would set a precedent for the master plan gates to be installed. Herb Fauland, Zoning Administrator, stated that staff could not answer that question as it was not the issue being heard this evening. Jerry Stillman, 6852 Hitching Post Circle, stated that he lives in the adjacent tract where they have been trying to get a gate in for years. He asked staff what would be required to move forward with gating the entire quartersection. Mr. Fauland stated the entire community, all the associations and residents, within the quartersection must be in agreement. He also stated it is contingent upon the complete development of the quartersection per the Specific Plan agreement. Mr. Fauland stated that he will continue this request with the public hearing open and have staff bring back a more definitive answer regarding the master plan gating of the entire quartersection. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. CONDITIONAL USE PERMIT NO.96-51 WAS CONTINUED WITH PUBLIC HEARING OPENED BY THE ZONING ADMINISTRATOR TO THE JANUARY 8, 1997, MEETING. ITEM 2: CONDITIONAL USE PERMIT NO. 96-83 (FENCE EXTENSION) APPLICANT: Gordon M. Watson, Country View Estates Homeowners' Association, 6732 Shire Circle, Huntington Beach, CA 92648 REQUEST: To permit two (2) foot, four (4) inch high fence extensions on top of existing six (6) foot high woodcrete perimeter fencing adjacent to equestrian trails. The request excludes fencing within areas designated as open space corridors. LOCATION: Tracts 11473 and 11805 (Country View Estates, south of Ellis Avenue between Goldenwest and Edwards Streets) PROJECT PLANNER: Wayne Carvalho ZA Minutes - 12/11/96 3 (MIN1211) Wayne Carvalho, Staff Planner, displayed a site plan and photographs. He stated this was a request to permit a two (2) foot, four (4) inch high fence extensions on top of an existing six (6) foot high woodcrete perimeter fence adjacent to equestrian trails. He noted, the request excludes fencing within areas designated as open space corridors. The project area includes Tracts 11473 and 11805 in the Country View Estates, south of Ellis Avenue between Goldenwest and Edwards Streets. Staff stated this request is the result of Code Enforcement activities. He stated that currently five (5) to six (6) homes have the lattice fence extensions. The Homeowners Association has submitted a master conditional use permit to request approval of extensions throughout the Association's tracts. The item did go before the Design Review Board in November of 1996. The Board recommended approval of the extensions as submitted with a condition that the extensions be uniform in height and color and be compatible with the existing perimeter woodcrete fence. Staff is recommending approval based on Design Review Board's recommendation in the specific areas depicted within the tract. The extensions will not be permitted for fencing within the open space corridor. The applicant is requesting the extensions due to the grade differential of the horse trails and the rear yards of the properties. The horse trails are higher than the rear yards reducing the property owners privacy. Staff did receive one (1) phone call in opposition, noting lack of compatibility and one (1) letter requesting clarification. Herb Fauland, Zoning Administrator, asked staff if any other fences within the quartersection had lattice type fence extensions. Staff stated there were not. Mr. Fauland asked staff if there were any past requests for this type of extension or would this be precedent setting in terms of height, colors, design and materials. Staff stated it would not set a precedent in terms of the fence height, based on the fact that there is a difference in grade on several lots in the quartersection. In terms of colors, design and materials it would be precedent setting. Mr. Fauland asked staff if they discussed with the applicant the possibility of using other materials or design options. He questioned whether these options were pursued to be more compatible with the existing perimeter fence of the tracts and of the quartersection. Staff stated they had discussed this issue at the Design Review Meeting. At the meeting the applicant had indicated that the woodcrete fence in the form to be used as extensions was no longer manufactured. THE PUBLIC HEARING WAS OPENED. Gordon M. Watson, Country View Estates Homeowners' Association, 6732 Shire Circle, applicant, stated that the fences are proposed as a defense against the grade differential to obtain privacy for the homeowners along the trail. Mr. Watson does not think this will be precedent setting. Carrie Thomas, 6642 Trotter Drive, submitted pictures and stated that she is opposed to the request. Ms. Thomas feels the extensions will not be compatible. She feels they will be unattractive and do not conform to the Design Guidelines. She suggested the use of trees or shrubs instead of extensions. ZA Minutes - 12/11/96 4 (MIN1211) Norma Ankerstar, 6792 Corral Circle, spoke in opposition to the request suggesting the use of trees or shrubs instead of extensions. Andy Goetz, 6542 Trotter Drive, spoke in support of the request. He stated he feels it conforms to the guidelines and will assure security and privacy for the homes abutting the trails. John Mackey, 6712 Shire Circle, spoke in support of the request. He feels it will ensure privacy for the homeowners abutting the trails. Mike Jacobs, 6595 Churchill Drive, spoke in support of the request. He stated that he currently has the extensions for privacy reasons. Byron Chiller, 6562 Trotter Drive, spoke in support of the request to maintain the privacy of the residents abutting the trails. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland Zoning Administrator, stated that one of the goals of the Specific Plan is to encourage coordinated design of development which includes perimeter tract fencing. He noted that the city has worked very hard with the residents of the area to ensure that coordinated development does occur. He stated that a lot of time and effort has been put in by both staff and the residents in developing a set of goals and design guidelines for the quartersection. Mr. Fauland stated that the City has recently gone through an extensive update of the General Plan which addressed a number of urban design issues. One of the design issues was the treatment of perimeter fencing throughout the city. He stated that it is staff s and the Zoning Administrator's job to look at the General Plan and see if those goals and policies are carried out along with the goals identified in the Ellis-Goldenwest Specific Plan. Mr. Fauland stated that he disagrees with staffs recommendation. He noted that he would state his reasons why he disagrees with the recommendation. First, he feels that the lattice fence extensions to a woodcrete fence will set a precedent that is not compatible with the theme established throughout the quartersection. The lattice fence extensions will not be compatible with the woodcrete in color, design and material. The request as proposed is not in conformance with the goals that are stated in the Specific Plan, one of which is to encourage and coordinate design, development and improvements to enhance the visual appearance. He also noted that there is a statement in the Design Guidelines which this proposal is not consistent with, which states trail fencing shall be consistent with tract fencing. Mr. Fauland feels the lattice fence extensions do not accomplish that design statement. Mr. Fauland also does not believe that the request is consistent with the goals and policies of the Urban Design and Land Use Element. He stated he will be denying the request based upon his findings as outlined. ZA Minutes - 12/11/96 5 (MIN1211) u 0 CONDITIONAL USE PERMIT NO.96-83 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO.96-83• 1. Conditional Use Permit No. 96-83 for the installation of two (2) foot, four (4) inch high lattice fence extensions on top of existing six (6) foot high woodcrete perimeter fencing (located on rear yards abutting equestrian trails) is not compatible with the existing perimeter woodcrete, split rail and split face block fencing in the Ellis Golden West quartersection. The lattice fence extensions are not consistent with the Ellis Golden West Design Guidelines which require architecturally compatible perimeter and internal fencing throughout the Specific Plan area. 2. The granting of the conditional use permit for the lattice fence extensions is not consistent with goals and policies of the General Plan. The Urban Design Element requires that any additions to walls be designed to make a positive visual contribution to the public streetscape. In addition, the fence extensions are not consistent with the goals and objectives specified in the Ellis Golden West Specific Plan which encourages coordinated design of improvements, including fencing materials, to enhance the visual appearance of the quartersection. THE MEETING WAS ADJOURNED AT 7:05 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY DECEMBER 18,1996, AT 1:30 PM. ----A Herb Fauland Zoning Administrator :kjl ZA Minutes - 12/11/96 6 (MIN1211)