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HomeMy WebLinkAboutCOASTAL DEVELOPMENT PERMIT 92-30 16335 Niantic Cir - Wier/M CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY February 23 1993 CITY CLERK NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO 92-30 APPLICATION NUMBER Appeal of the approval of Coastal Development Permit No 92-30 APPLICANT Jon Wierks APPELLANT Barry Ross on behalf of Roscoe McKeehan LOCATION 16335 Niantic Circle ZONE R1-CZ (Low Density Residential - Coastal Zone) REQUEST Appeal to the Planning Commission's denial of an appeal to the approval by the Zoning Administrator of Coastal Development Permit No 92-30 which is a request to add a 489 sq ft two-story addition to an existing two-story residence in Huntington Harbor ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 15301 Class 1 of the California Environmental Quality Act COASTAL STATUS APPEALABLE This project is in the appealable portion of the coastal zone On February 16 1993 the Huntington Beach City Council denied an appeal and approved the project with conditions and findings (see attached) Approved Denied _ Withdrawn X Conditionally approved - (Conditions attached) Under the provisions of the Huntington Beach Ordinance Code the action taken by the City Council is final (Telephone 714536-5227) Notice of Action Coastal Development Permit Page Two The City Council action on this Coastal Development is appealable to the Coastal Commission pursuant to Public Resources Code S 30603 and California Administrative Code S 13319 Title 14 Pursuant to Public Resources Code S 30603 an appeal by an aggrieved person must be filed in writing and addressed to California Coastal Commission 245 W Broadway Suite 380 POB 1450 Long Beach California 90801-1450 (213) 590-5071 The appeal period begins when the Commission receives this notice of action and continues for ten (10) working days Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission's review period and as to whether or not an appeal has been filed Applicants are advised not to begin construction prior to that date Provisions of the Huntington Beach Ordinance Code are such that an application becomes null and void one (1) year after the final approval unless actual construction has begun Sincerely yours, e)*-6. Connie Brockway CMC City Clerk CB mj ENCLOSURE Statement of Conditions CC City Administrator City Attorney Community Development Director Barry Ross, Attorney at Law Roscoe McKeehan Jon Wierks J �T 1057K y • Y ATTACHMENT NO, 1 STAFF RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO, 92-30 SUGGESTED FINDINGS FOR APPROVAL COASTAL DEVELOPMENT PERMIT NO, 92-30 1. The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site 4 The proposed 489 square foot , two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act SUGGESTED CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO, 92-30 1 The site plan, floor plans , and elevations received and dated November 11 , 1992 shall be the conceptually approved layout 2 The Zoning Administrator shall be notified in writing if any changes in building height , floor area , setbacks , building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All proposed cantilevered Deck improvements require separate permits for the improvements 5 All building spoils such as unusable lumber wire, pipe, and other surplus or unusable material , shall be disposed of at an 13 off-site facility equipped to handle thrtALHIVILIV I ►�1V 4 (7 7 r 6 Natural gas shall be stubbed in at the locations of cooking facilities , water heaters , and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 r Federal Fire Codes, Ordinances, and standards (5868d-1,2) T ��� IL- ATTACHME"'� • STATE OF CALIFORNIA—THE RESOURCES AGENCY PETE WILSON Govemor CALIFORNIA COASTAL COMMISSION SOUTH COAST AREA 245 W BROADWAY STE 380 P O BOX 1450 LONG BEACH CA 908024416 Date 2-25-93 (310) 590-5071 Commission Reference # °ff��9 ffF3-p V E NOTIFICATION OF DEFICIENT NOTIC�E� 1 19993 VV TO City of Huntington Beach r,(��� " '01e�er�r�snt FROM California Coastal Commission Please be advised of the following deficiency(ies) in the notice of local action we have received for Local Permit # CDP 92-30 pursuant to 14 Cal Admin Code Section 13571 or 13332 Name of Applicant Jon Wierks Project Description Addition of 489 two-story to an existing two story residence in Huntington Harbor Location 16335 Niantic Circle Deficiency noted by check mark below 1 _ Project description not included or not clear 2 XX Conditions for approval and written findings not included 3 _ Procedures for appeal of the decision to the Coastal Commission not included 4 _ Notice not given to those who requested it As a result of the deficiency(ies) noted above Post-Certification' LCP Permits XX The effective date of the local government action has been suspended and the 10 working day Commission appeal period will not commence until a sufficient notice of action is received in this office 14 Cal Admin Code Sections 13570, 13572 Post-Certification LUP Permits The effective date of the local government action has been suspended, and the 20 working day Commission appeal period will not commence until a sufficient notice of action is received in this office If you have any questions, please contact us at the telephone number listed above cc Jon Wierks - /830E MV/lm + • BARR,, A ROSS IiECEIVEU A T T O R N E Y A T L A N LIT" CLERK " T O� HUNTIticl o i -�C' C LIF ONE NEWPORT 714 252 8190 NEWPORT BEACH FEB �� I� (nfi ll l rr l I �3 PLACE CALIFORNIA F A X SUITE 900 92660 714 252 0277 February 19 , 1993 CALIFORNIA COASTAL COMMISSION 245 W Broadway, Suite 380 Long Beach, California 90802 Re Notice of Appeal of City Council Decision of February 17 ,-199.3 Coastal Development Permit No 92-30 16341 Niantic Circle/16335 Niantic Circle, Huntington Beach, CA Dear California Coastal Commission I represent Roscoe O McKeehan, the owner of the property at 16341 Niantic Circle, Huntington Beach, California, concerning coastal development permit no 92-30 of Jon Wierks , the owner of the property at 16335 Niantic Circle, Huntington Beach, California Mr McKeehan hereby appeals the February 16 , 1993 , decision of the City Council approving coastal development permit no 92-30 to the California Coastal Commission The basis of the appeal is the City's failure to consider Public Resources Code Section 30251 and the recorded declaration of covenants, conditions and restrictions Please provide me with advance notice of the hearing before the Coastal Commission Also, please provide me with a copy of the staff report and any other documents that are submitted to the Coastal Commission in connection with this hearing This request is pursuant to California Public Records Act, Government Code Section 6250 , et al I will pav for the cost of copying and mailing of these documents If you have an appeal form, please send it to me If you have any questions, please call me Very truly yours , BARRY A ROSS BAR/msr cc Roscoe O McKeehan Connie Brockway, City Clerk of Huntington Beach Michael Uberuaga, City Administrator of Huntington Beach BARRY A Ross A T T O R N E 1 A T L A W i ) ONE NEWPORT IPORT RE\CH CE CALIFORNIA SUITE 900 9 660 Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 IIIIIIIII,IIIIII IlI,IIIII.IIIIII�I,IIIII,IIII1111111 !JL�p $� • REQUEST FOR CITY COUNCIPACTION Date February 16, 1993 Submitted to Honorable Mayor and City Council Members Submitted by Michael T Uberuaga, City Administrator m s Prepared by Michael Adams, Director of Community Development ;� m Subject APPEAL OF PLANNING COMMISSION'S APPROVAL OF COASTAL ,=, Trim DEVELOPMENT PERMIT NO 92-30 (CONTINUED FROM THE FEBRUARY 1, 1993 CITY COUNCIL MEETING) — w Consistent with Council Policy? Yes [ ] New Policy or Exception 2o�P P Statement of Issue Recommendation Analysis Funding Source Alternati'N Actions Attachments ON D FNI CID TO PkC>V1r- / NFog`r►RT�oN RS 725 F0-954o9141 o F Ciro STATEMENT OF ISSUE f3ROTZ=CT70N MEIN.*N/5M FD)r t+OMGr 044AIARS /N /tY sr4"cF5 of IJiEW Lo 53 Transmitted for City Council consideration is an appeal to the Planning Commission s approval of Coastal Development Permit No 92-30 Coastal Development Permit No 92-30 is a request to permit a 489 square foot, two story addition to an existing two story single family residence in Huntington Harbor On February 1, 1993 , Council continued this item and directed staff to work with both parties to pursue a compromise RECOMMENDATION Planning Commission and Staff Recommendation Motion to Deny the appeal and uphold the Planning Commission s approval of Coastal Development Permit No 92-30 with findings and conditions of approval ANALYSIS At the meeting of February 1, 1993, City Council directed staff to meet with the applicant and appellant and attempt to explore the potential for a compromise plan Staff prepared an alternative design which reduced the square footage of the addition by approximately 20 percent and provided the ad] acent property owner an additional view area, approximately twice as large as the original addition would have afforded Staff has independently met with the applicant and appellant and although the modified design could not be agreed upon by the appellant and the applicant, both have reviewed the concept I I 1310 5/85 • • The staff ' s alternative design in addition to reducing square footage would require extensive structural reinforcement which will make the addition much more expensive and difficult to achieve Based on these meetings, staff continues to support the original design with the attached findings and conditions of approval FUNDING SOURCE Not applicable ALTERNATIVE ACTION The City Council may 1 Approve staff ' s modified alternative design with conditions, or 2 Approve the appeal by denying Coastal Development Permit No 92-30 with findings ATTACHMENTS 1 Suggested Findings and Conditions of Approval - Staff Recommendation 2 Area Map 3 Suggested Findings and Conditions of Approval for Alternative Action No 1 4 Suggested Findings for Denial for Alternative Action No 2 5 Letter from the Planning Commission to City Council dated February 9 , 1993 6 Letter from John Wierks to Mayor Grace Winchell dated February 8, 1993 7 Letter from the Huntington Harbour Property Owners Association, Inc dated January 30, 1993 8 Letter from Richard C Ackerman, Attorney for Applicant, to Mayor Grace Winchell dated February 10, 1993 9 RCA dated February 1, 1993 MTU MA k] 1 RCA - 2/16/93 -2- (5851d) ATTACHMENT NO 1 STAFF RECOMMENDATION SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO 92-30 SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act SUGGESTED CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO 92-30 1 The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All proposed cantilevered deck improvements require separate permits for the improvements 5 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 t)MAUHIVILV I NO A-0 _,. 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 (5868d-1,2) ATTACHMEN � ' 1h, EDINGER I RI CZ-4 d RI CZ I Id CZ RI CZ IrZ i \J RI CL_ y R�/�if \ �C<J ! MH ' RI CZ RI C2 w j7CZ 'o� 1Z Farr, //�lIJ p C, \, cz ]c RI CZ RI CZ RI C! Hr Hr l / j��'� J Z • RI C Z ON Ei L RI CZ I b, c<` ? l/ H/��l/ i '>,. wn c r rz ' RI CZ RI CZ I WR C7 FPZ r> c_E n / Q\C, G SI CF lF� �� ��s�� RI Cl CFR r l � � RI C Z Ft� un rc we :�� �` c / y ti rn C1 5 r � Ri cz OFIA , P� oa • 1 t I? z J E ,� Gti R rj G'IV RI CZ r dO — y Q � — 1 C� J. PIT N E� MVNTINGT(1N BEACH HUNTINGTON MACH PIANNING DIVISION 1� ATTACHMENT NO 3 ALTERNATIVE ACTION NO 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO 92-30 SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-30 1 The amended plan for 389 square foot, two (2) story addition to an existing two-story single family residence with chimney modifications conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act SUGGESTED CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO 92-30 1 The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout with the following modifications a Reduce the size of the addition by five (5) feet from westerner portion of the seconf floor addition to the structure This will result in an overall pro]ect size reduction of approximately 100 square feet b Modify the present chimney design at the existing first story roof and reconstruct chimney with a 45 degree bend to the new second story wall with five (5) feet additional setback ATTACFiMENT NO 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All proposed cantilevered deck improvements require separate permits for the improvements 5 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 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 (5868d-3,4) AAC1 � r',��� P'1�J 3b ATTACHMENT NO 4 ALTERNATIVE ACTION NO 2 SUGGESTED FINDING FOR DENIAL COASTAL DEVELOPMENT PERMIT NO 92-30 SUGGESTED FINDING FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence does not conform with the visual resources policy of the Coastal Element of the General Plan The proposed addition will not preserve and/or enhance visual resources within the Coastal Zone (Section 9 5 3 6) The proposed addition will reduce the ad] acent neighbors private view of the harbour by approximately 80 percent ATTORNEY'S OFFICE COMMENTS TO BE PRESENTED LATER (5868d-5) ATTACHMENT NO `� Huntington Beach Planning Commission P O BOX 190 CALIFORNIA 92646 February 9 , 1993 Honorable Mayor Grace Winchell 2000 Main Street Huntington Beach, CA 92648 Subject Appeal of the Planning Commission's approval of Coastal Development Permit No 92-30 Dear Mayor Winchell After reviewing the action taken by City Council at the meeting of February 1, 1993 , concerning Coastal Development Permit No 92-30 (Huntington Harbour room addition) , the Planning Commission felt it was important that Council understand the reasoning behind our denial of the request to support an appeal of the Zoning Administrator ' s action This item received considerable discussion at the January 5, 1993 Planning Commission meeting After receiving guidance from the Planning Commission Counsel it was concluded that the issues raised by the appellant were not substantiated, and findings to support an appeal could not be made This item was again discussed at the Planning Commission meeting of February 2, 1993 and the Commission unanimously supported a communication to Council that expressed the reasoning behind our decision for approval of Coastal Development Permit No 92-30 Once again the Planning Commission supports the request of the applicant Although sympathetic, the Planning Commission can in no way support upholding the issues presented by the appellant Since 'ey, V 5 Roy H Richardson Planning Commission Chairperson RR MA k] l (5855d) 5 REQUESAI FOR CITY COUNCILD ACTION Date Pahrtjar3X 1, 19-93 Submitted to Honorable Mayor and City Council Members Submitted by Michael T Uberuaga, City Administrato Prepared by Michael Adams, Director of Community Develop e Subject APPEAL OF PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO 92-30 �jPF.hED �dos4D Consistent with Council Policy? Yes New Policy or Exception dec�s�'or a �re� ` Statement of Issue Recommendation Analysis Fundinq Source Alternative Actions Attachments STATEMENT OF ISSUE Transmitted for City Council consideration is an appeal filed by Barry Ross on behalf of Roscoe McKeehan to the Planning Commission s approval of Coastal Development Permit No 92-30 Coastal Development Permit No 92-30 is a request by Jon Wierks to permit a 489 square foot, two story addition to an existing two story single family residence in Huntington Harbor The appeal (Attachment No 1) is based on the grounds that the addition will impair the view of the Huntington Harbour Channel and result in a detrimental effect on the value of the appellant ' s property RECOMMENDATION Planning Commission and Staff Recommendation Motion to Deny the appeal and uphold the Planning Commission' s approval of Coastal Development Permit No 92-30 with findings and conditions of approval (Attachment No 2) Planning Commission Action on January 5 1993 ON MOTION BY GORMAN AND SECOND BY BOURGUIGNON, THE PLANNING COMMISSION DENIED THE APPEAL AND UPHELD THE ZONING ADMINISTRATOR S APPROVAL BY THE FOLLOWING VOTE AYES Inglee, Bourguignon, Richardson, Detloff, Shomaker, Gorman, NOES None ABSENT Newman ABSTAIN None Plo 5/85 ANALYSIS APPLICANT/ PROPERTY OWNER Jon Wierks, 16335 Niantic Circle, Huntington Beach, CA 92649 APPELLANT Barry Ross on behalf of Roscoe McKeehan, 16341 Niantic Circle, Huntington Beach, CA 92649 REQUEST Appeal to the Zoning Administrator s approval of a request to permit a 489 square foot, two story addition to an existing two story single family residence (417 square foot second story addition, 72 square foot first story addition) LOCATION 16335 Niantic Circle ZONE Rl-CZ (Low Density Residential-Coastal Zone) GENERAL PLAN Low Density Residential EXISTING USE Two story single family residence LOT SIZE 5, 000 square feet Protect History On October 30, 1992, the applicant applied to the city for a coastal development permit to add 489 square feet to an existing 2, 716 square foot two-story single family residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 based upon findings and conditions of approval which enables the applicant to proceed with construction of the additional square footage Also, the applicant has indicated verbally that the architectural review committee for the association has approved the proposed addition At the Zoning Administrator ' s meeting, there were several letters received in support of the request (see Attachment No 3) In addition, the following concerns were discussed 1 The applicant ' s property does not have a view easement recorded on his property, therefore, the appellant does not have a guarantee of a view of the Channel 2 The appellant ' s property does not abut the water (see Attachment No 4) and the Conditions, Covenants and Restrictions relative to the original subdivision do not provide a view easement of the Channel As a footnote, the City does not enforce CC & R' s, they are private agreements between property owners RCA -2- (5577d) • • 3 The City has maintained the Coastal Commission policy which protects views of Coastal resources from public places The City s Local Coastal Program does not contain language which protects views of coastal resources from private property On December 8, 1992, an adjacent property owner appealed the Zoning Administrator ' s approval based on the grounds that the 489 square foot two story addition to an existing 2, 716 square foot two-story single family residence would block the view to the Huntington Harbour Channel The appellant asserts that the construction of the addition would detrimentally affect the value of his property The appeal was heard by the Planning Commission at their January 5, 1993 meeting The Planning Commission listened to the testimony put forth by the applicant and the appellant After lengthy discussion, the Planning Commission determined that the proposal conformed to the "R1 zoning and the "CZ zoning suffix requirements In addition, a Coastal Development Permit does not address or assure property values provided the expansion conforms with applicable codes As a result, the Planning Commission denied the appeal and upheld the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 On January 11, 1993 , the appellant s attorney filed an appeal letter which asserts the same issues as before the Planning Commission and the Zoning Administrator Coastal Status The proposed project is located in the appealable area of the City' s Local Coastal Program Pursuant to Section 989 5 3 b 1 of the Coastal Development Permit requirements of the Huntington Beach Ordinance Code, if the property abuts a waterway and the expansion exceeds 10% of the floor area of the existing structure, a coastal development permit is required In this particular case, the property does abut the channel and the expansion is 489 square feet which represents 18% of the existing approximately 2, 716 square foot, two-story residence In order to approve a coastal development permit, the plans, must conform to the City' s development standards, the base zoning, surrounding infrastructure and public access and public recreation policies in Chapter 3 of the State ' s Coastal Act (Attachment No 5) Summary Since the proposed addition to an existing two story single family residence conforms with the City' s development standards and Local Coastal Program, the applicant s property is not restricted with a view easement, and does not interfere with a view from a public place, staff recommends that the City Council deny the appeal and uphold the Planning Commission s and the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 RCA -3- (5577d) • • Environmental Status The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act which excepts minor additions to existing facilities FUNDING SOURCE Not applicable ALTERNATIVE ACTION The Planning Commission may approve the appeal by denying Coastal Development Permit No 92-30 with findings ATTACHMENTS 1 Appeal letter dated January 7, 1993 2 Findings and Conditions of Approval 3 Letters in support of Request from Surrounding Property Owners 4 Area Map Identifying Applicant s and Appellant s Property 5 Article 2 (Public Access) and Article 3 (Recreation) of the California Coastal Act 6 Planning Commission Staff Report dated January 5, 1993 MTU MA RLF 1p RCA -4- (5577d) � • BARRY A BOSS ATTORNEY AT LAW 0 ONE NEWPORT 714 252 8190 NEWPORT BEACH PLACE CALIFORNIA F A X SUITE 900 92660 714 252 0277 -:c-. ti January 7 , 1993 Connie Brockway, City Clerk ' (" City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re Notice of Appeal of Planning Commission Decision of January 5, 1992 re Coastal Development Permit No 92-30, 16341 Mantic Circle/16335 Niantic Circle, Huntington Beach, CA Dear Ms Brockway I represent Roscoe O McKeehan, the owner of the property at 16341 Niantic Circle, Huntington Beach, California, concerning Coastal Development Permit No 92-30 of John Wierks, the owner of the property at 16335 Niantic Circle, Huntington Beach Mr McKeehan hereby appeals the January 5, 1993 decision of the Planning Commission approving Coastal Development Permit No 92-30 to the City Council Please provide me with advance notice of the hearing before the City Council Also, please provide me with a copy of the staff report and any other documents that are submitted to the City Council in connection with this hearing This request is pursuant to the California Public Records Act, Government Code Sections 6250, et al I will pay for the costs of copying and mailing of these documents If you have any questions, please call me Very truly yours, BARRY A ROSSC � � BAR/msr cc Roscoe McKeehan Michael Adams, Secretary to the Planning Commission Michael Uberuaga, City Administrator i• ROSCOE O McKEEHAN 16341 Niantic Circle Huntington Beach CA 92649 (714)846-7984 December 8 1992 NAND DELIVERED Mr Mike Adamso Secretary of the Planning Commission c/o CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach CA 92648 NOTICE OF APPEAL To Decision Of Zoning Administrator Re Coastal Development Permit No 92-30 Dear Sir This shall constitute Notice of my Appeal to the Decision made by the H B Zoning Administrator on December 2 1992 in connection with Coastal Development Permit No 92 30 (Applicant Jon Wierks Property 16335 Niantic Circle Huntington Beach Request to permit a 500 square foot 2-story addition to an existing 2-story single family residence) The undersigned whose residence is situated immediately adjacent to that of the Applicants files this appeal for the reason that the Decision of the Zoning Administrator in approving Applicants request has the effect of substantially impairing the view of the Huntington Harbor water channel from my residence and as a result thereof materially and detrimentally affects the value of my property It is my understanding based on a conversation with Staff that no fees are required of me in my making this Appeal If my understanding in this regard is incorrect please notify me immediately Please advise me, at your earliest opportunity of the date(s) scheduled for all future Planning Commission meetings in which this Appeal will be heard Sincerely C cam' Z4 v Roscoe 0 McKeehan • • ATTACHMENT 2 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO 92-30 1 The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All proposed cantilevered deck improvements require separate permits for the improvements 5 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 • i 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 (5577d-5, 6) November 30, 1992 City of Huntington Beach Huntington Beach, CA Subject Wierk Home Addition To Whom It May Concern We have discussed the Wierk's proposed addition and reviewed their plans We have no objection or grievance concerning the room addition that is being proposed by Jon and Barbara Wierk, at 16335 Niantic Circle, Huntington Beach Patrick and Luella Connelly 3943 Mistral Dr Huntington Beach 14AQ MENTNO. -� November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Mantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, 14/ ?91-01 Alice W Zelden 3953 Mistral Dr Huntington Beach, Ca C y-') November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wi erks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Mantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, tam6'j-,4 William A Parker 16331 Niantic Cr Huntington Beach, Ca November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Ni antic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, David F Casey 16325 Mantic Cr Huntington Beach, Ca November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Niantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, Irvin X Rosen 16332 Mantic Cr Huntington Beach, Ca . ARTICLE 2 •�l 1 n � � �E S} PUBLIC ACCESS r Section 30210 In carrying out the requirement of Section 4 of Article X of the California Constitution , maximum access , which shall be conspicuously posted and recreational opportunities shall be provided for all the people consistent with public safety needs and the need to protect public rights , rights of private property owners , and natural resource areas from overuse (Amended by Ch 1075 , Stats 1978 ) Section 30211 Development shall not interfere with the public ' s right of access to the sea where acquired through use or legislative authorization , including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation Section 30212 (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where ( 1 ) it is inconsistent with public safety military security needs or the protection of fragile coastal resources , (2) adequate access exists nearby, or, (3) agriculture would be adversely affected Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway (b) For purposes of this section "new development" does not include ( 1 ) Replacement of any structure pursuant to the provisions of subdivision (g) of Section 30610 (2) The demolition and reconstruction of a single-family residence provided , that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure (3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area , height, or bulk of the structure by more than 10 percent, which do not block or impede public access and which do not result in a seaward encroachment by the structure - 35 ATTACHMENT NO. (4) The reco ruction or repair of any seal , provided, however, th 4 the reconstructed o repaired seawall is not a seaward of the location of the\ former structure ( 5) Any repair or maintenance activity for which the commission has determined pursuant to Section 30610, that a coastal development permit will be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach As used in this subdivision "bulk" means total interior cubic volume as measured from the exterior surface of the structure (c) Nothing in this division shall restrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478 1 to 66478 14, inclusive of the Government Code and by Section 4 of Article X of the California Constitution (Amended by Ch 1075, Stats 1978 ) (Amended by Ch 919 , Stats 1979 ) (Amended by Ch 744, Stats 1983 ) Section 30212 5 Wherever appropriate and feasible, public facilities , including parking areas or facilities , shall be distributed throughout an area so as to mitigate against the impacts social and otherwise of overcrowding or overuse by the public of any single area Section 30213 Lower cost visitor and recreational facilities shall be protected , encouraged , and , where feasible, provided Developments providing public recreational opportunities are preferred The commission shall not ( 1 ) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel motel , or other similar visitor-serving facility located on either public or private lands , or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities (Amended by Ch 1191 , Stats 1979 ) (Amended by Ch 1087 , Stats 1980 ) (Amended by Ch 1007, Stats 1981 ) (Amended by Ch 285, Stats , 1991 ) Section 30214 (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following (1 ) Topographic and geologic site characteristics - 36 - (2) The capacity* the site to sustain use and V what level of intensity (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses (4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter (b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public ' s constitutional right of access pursuant to Section 4 of Article X of the California Constitution Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution (c) In carrying out the public access policies of this article the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques , including but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs (Amended by Ch 919 , Stats 1979 ) (Amended by Ch 285 , Stats 1991 ) - 37 - - ARTICLE 3 RECREATION 4 Section 30220 Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses Section 30221 Oceanfront land suitable for recreational use shall be protected for recreational use and development unless present and forseeable future demand for public or commercial recreational activities that could be accomodated on the property is already adequately provided for in the area (Amended by Ch 380, Stats 1978 ) Section 30222 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential general industrial or general commercial development but not over agriculture or coastal dependent industry Section 30222 5 Ocean front land that is suitable for coastal dependent aquaculture shall -- be protected for that use and proposals for aquaculture facilities located on those sites shall be given priority except over other coastal dependent developments or uses (Added by Ch 1486 , Stats 1982 ) Section 30223 Upland areas necessary to support coastal recreational uses shall be reserved for such uses , where feasible Section 30224 Increased recreational boating use of coastal waters shall be encouraged , in accordance with this division, by developing dry storage areas , increasing public launching facilities , providing additional berthing space in existing harbors , limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities , providing harbors of refuge, and by providing for new boating facilities in natural harbors , new protected water areas , and in areas dredged from dry land 38 - 2 huntington beach department of community development STAff REPORT- EXECUTIVE SUMMARY JANUARY 5. 1992 APPEAL OF THE ZONING ADMINISTRATOR' S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO 92-30 (16335 Niantic Circle) Coastal Development Permit No 92-30 is a request to permit a 489 square foot, two story addition to an existing two story residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 On December 8, 1992, an ad3acent property owner appealed the Zoning Administrator ' s action The appellant has appealed the action based on the grounds that the 489 square foot two-story addition will impair an existing private view to the Huntington Harbor Channel and will result in a detrimental effect on the appellant ' s property Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development No 92-30 ATTACHMENT NO. ,-6 A PL F*23D AVE EDINGER a �RI CZ'..'.s��i I p a 9 8 R I CZ RI CZ RI CZ FEZ r _ Iz _��RI CZ WRY C2 / f✓v +� c? 7 MH J ' RI CZ RI CZ�y 1 0`2 � Z FP2 r CZNGcRI 9 �r ` /r/� I?/ CZ /Cl a e r R� C7 71CZ RI CZ RI C7 J Ri J Vti s : RI CZ' _ '�� R C k RICZ 'p 4, C� 4j�� 111, c�/ G1, r WR CZ FP2 RI CZ arnFaF err " MH / �cz c.qi„ RI CZ c? T /lac? ti C r✓ /j , q, cl 1 WR CZ FP2 r r) M HEIL C' crosf" B C A. 'Ooo 00 / ZFA2 / 9r1�r ,�Qz - CF C RI CZ CIF R RI CZ -/ r 4�P 2$� /WR CZ FP2 PIC W CN /? RI CZ BRANFOR \ G�- 2 N WR-CZ-P2 V p R� u Icy RI CZ Fr lky HVh TINCTON BEACH HUNTFNGTON BEACH PLANNING DIVISION TO Planning Commission FROM Community Development DATE January 5 , 1993 SUBJECT APPEAL TO THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO 92-30 APPLICANT/ PROPERTY OWNER Jon Wierks, 16335 Niantic Circle, Huntington Beach, CA 92649 APPELLANT Roscoe McKeehan, 16341 Niantic Circle, Huntington Beach, CA 92649 REQUEST Appeal to the Zoning Administrator ' s approval of a request to permit a 489 square foot, two story addition to an existing two story single family residence (417 square foot second story addition, 72 square foot first story addition) LOCATION 16335 Niantic Circle ZONE R1-CZ (Low Density Residential-Coastal Zone) GENERAL PLAN Low Density Residential EXISTING USE Two story single family residence LOT SIZE 5,000 square feet 1 . 0 SUGGESTED ACTION Motion to "Deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 with findings and suggested conditions of approval " 2 . 0 GENERAL INFORMATION Coastal Development Permit No 92-30 is a request to permit a 489 square foot two story addition to an existing two story single family residence The appeal is based on the grounds that the addition will impair the view of the Huntington Harbour Channel and result in a detrimental effect on the value of the appellant s property 3 0 SURROUNDING LAND USE ZONING AND GENERAL PLAN DESIGNATIONS North, East. South and West of Subi ect Property GENERAL PLAN DESIGNATION Low Density Residential ZONE R1-CZ (Low Density Residential-Coastal Zone) LAND USE Single Family Dwellings 4 . 0 ENVIRONMENTAL STATUS The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act which excepts minor additions to existing facilities 5 . 0 COASTAL STATUS The proposed project is located in the appealable area of the City' s Local Coastal Program Pursuant to Section 989 5 3 b 1 of the Coastal Development Permit requirements of the Huntington Beach Ordinance Code, if the property abuts a waterway and the expansion exceeds 10% of the floor area of the existing structure, a coastal development permit is required In this particular case, the property does abut the channel and the expansion is 489 square feet which represents 18% of the existing approximately 2, 716 square foot, two-story residence In order to approve a coastal development permit, the plans, must conform to the City' s development standards, the base zoning, surrounding infrastructure and public access policies in the State' s Coastal Act 6 . 0 REDEVELOPMENT STATUS Not applicable 7 .0 SPECIFIC PLAN Not applicable 8 . 0 SUBDIVISION COMMITTEE Not applicable 9 . 0 ISSUES AND ANALYSIS On October 30, 1992, the applicant applied to the city for a coastal development permit to add 489 square feet to an existing 2, 716 square foot two-story single family residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 based upon findings and conditions of approval which enables the applicant to proceed with construction of the additional square footage Also, the architectural review committee for the association has approved the proposed addition (see Attachment No 3) On December 8, 1992, an adjacent property owner appealed the Zoning Administrator ' s approval (see Attachment No 2) based on the grounds that the 489 square foot two story addition to an existing 2, 716 square foot two-story single family residence would block the view to the Huntington Harbour Channel The appellant asserts that the construction of the 500 square foot addition would detrimentally affect the value of his property Staff Report - 1/5/93 -2- (5398d) 0 0 At the December 2, 1992 Zoning Administrator' s meeting, the following concerns were discussed 1 The applicant ' s property does not have a view easement recorded on his property, therefore, the appellant does not have a guarantee of a view of the Channel 2 The appellant ' s property does not abut the water and the Conditions, Covenants and Restrictions relative to the original subdivision do not provide a view easement of the Channel 3 The City has maintained the Coastal Commission policy which protects views of Coastal resources from public places The City' s Local Coastal Program does not contain language which protects views of coastal resources from private property Summary Since the proposed addition to an existing two story single family residence conforms with the City's development standards and Local Coastal Program, the applicant ' s property is not restricted with a view easement, and does not interfere with a view from a public place, staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator' s approval of Coastal Development Permit No 92-30 10 . 0 RECOMMENDATION Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 with the following findings and suggested conditions of approval FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site Staff Report - 1/5/93 -3- (5398d) 7) 7 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO 92-30 1 The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All proposed cantilevered deck improvements require separate permits for the improvements 5 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 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 11 0 ALTERNATIVE ACTION The Planning Commission may approve the appeal and overturn the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 based on findings ATTACHMENTS 1 Site plan, floor plan and elevations 2 Appeal letter dated December 8, 1992 3 Letter dated December 18, 1992, which provides association approval of the request ALF kl1 Staff Report - 1/5/93 -4- (5398d) • PROJECT DATA ow [� ra y l`N w.tlacf w445` [ E 4 I.rf7 HUNTNGTON HARBOR CHANNEL--,_ /�IfE if aS t^a R b O •5 a5 'N.HiL ...� � Lf1 ^I- o6S ti rTuy r vw _ Y`IwcO, 1111 1 r -- �f .�- ! �v Y�.�11 f111 Ilr a M Y 1KiYiR M W$wYYs Yr , T YI 1 Y!■ W Y tlK M Y IMI — 4 Y K C b 11Y[ 1 N b W Yq W Y A IR M Y Y n tl�p[W bl Y Y Y[/ % 1 wb~Y IY KYM IY� IW Y YM� �ICw IL aY— �tl4 - �( ]y W K a tl Y Kn III 17M11 [OY y1S{ / IW )10 Y� Ia I.tl Y M IY Y Y npy� � p Yr�IYirM4 [� YY IW K tl Y tl W�[ MIyW M 1M tl M Y 7 tl Y I N Y M b y 1 tl FAIM7 Y Y N( Y( W H M r K YYY 1 Q Y N IY[tl �j H W M W Y YY IYI M ! Q 218 Y�a0 SOI Ktl M W K K Sit♦N Ill �{�f W YM[�tl W.Y N yyI�1 tl l YM Y K N Y K A u q )RI 4 ` V ipa tlY 1�r,1I'M 1 Ytl tl iY+M1+[W aI Isn r m ff11 5 s t i[ i et s 1. rr µi,-A y 7 L If 7 v r- 71 vi H lew r rr TI } r,�4=M+�.71• d�— P ice.• oa. ASS i r f -t4 57 Y L N N, .+ O lV F JR4CJ Q N •�1 O � L NIANTIC CIRCLE _ CW7 O O t ® s N d O ra�,l O kl ) SITE PLAN 000 O U ® ® B ula 1 PHO CT i r 7 4000f AIM RY N fir(u LOCATION YAP , + t s r ++ I t � _ N _ L 11n +fM G f rwsw y f wr I < I�G'-�V^ _ r-r i N 1 w � Lx STI II 1 L L I Lw Y tom=+ I I 1 p L I ..mot w�lr 1 ou 4ai n i�I II 'f—u+C r f N; p W I �y waLrwf/iT r l A G9L M afW C� � Cx Lf u� L%i11N l 1 � L� ® � J K t uEN N L iIII J 1 l 1 y w u r v Q N C7 L— c ❑ ; d � � =yy�g°�o If, xr K J yr{ L�► n�F.�.L L NIV � OF a ❑ y ;1 1 1 I C El - W3 I^'LnII^� LEGEND ` y i i i(N r t- 1 f ww PARTIAL SECOND FLOOR PLAN FIRST FLOOR PLAN _ 2 ,� o 0 of — .ti.y i r aye ^^1 � � �� ® _-- �+: M1^7 �j—M.r o"`n , �.yyW�' •� l�, LL � rl fYMUOY ainr 7iC0170 ROM tlL1100w!GMbI_� IT ® - 6 r tint s Y QJT �[�'ql•7 Roux a�10M� 7p• R � v PARTULL WEST PARTIAL SOUTH PARTIAL EAST f as _ s � a s s a • 1 4 2 • • • a e a � 3 0 0 ROSCOE O MCKEEHAN 16341 Niantic Circle Huntington Beach, CA 92649 (714)846-7984 December 8, 1992 HAND DELIVERED Mr Mike Adams ► co Secretary of the Planning Commission 9�� 0 1992 do CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach CA 92648 NOTICE OF APPEAL To Decision Of Zoning Administrator Re Coastal Development Permit No 92-30 Dear Sir This shall constitute Notice of my Appeal to the Decision made by the H B Zoning Administrator, on December 2, 1992, in connection with Coastal Development Permit No 92-30 (Applicant -- Jon Wierks, Property -- 16335 Mantic Circle Huntington Beach, Request -- to permit a 500 square foot, 2-story addition to an existing 2-story single family residence) The undersigned, whose residence is situated immediately adjacent to that of the Applicant's, files this appeal for the reason that the Decision of the Zoning Administrator in approving Applicant's request, has the effect of substantially impairing the view of the Huntington Harbor water channel from my residence and, as a result thereof, materially and detrimentally affects the value of my property It is my understanding, based on a conversation with Staff that no fees are required of me in my making this Appeal If my understanding in this regard is incorrect, please notify me immediately Please advise me at your earliest opportunity, of the date(s) scheduled for all future Planning Commission meetings in which this Appeal will be heard Sincerely Roscoe 0 McKeehan JON S WIERKS 16335 NiANTIC CIRCLE HUNTINGTON BEACH, CALIFORNIA 92649 t December 18, 1992 Mr Robert Franklin, Associate Planner E C E 1 d D Department of Community Development DEC .4 t6 1992 CITY OF HUNT I NGTON BEACH ant f 2000 Main Street �nf Huntington Beach, California 92648 RE CDP 92-30 Dear Mr Franklin Pursuant to our conversation this date, this is to confirm that I submitted the related conceptual building plans to Mr Charles Bohle, President of the Huntington Harbour Homeowners Association, and acting member of the Architectural Review Committee of that Association, on or about November 11, 1992 On December 2, 1992, Mr Bohle informed me via telephone that the subject committee had met, thoroughly reviewed and discussed my building plans and that the committee had approved them as submitted He added that a letter to that effect would be forthcoming from the committee in the near future Please contact me if you have any questions in this regard Sincerely, Jon S Wierks I cc Charles Bohle a `REQUE,* FOR CITIOCOUNCIP ACTION Date Re riiary 1, 1993 Oubmitted to Honorable Mayor and City Council Members Submitted by Michael T Uberuaga, City Administrato Prepared by Michael Adams, Director of Community Develop e Subject APPEAL OF PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO 92-30 DA-1 ,.Ii/43 Near�h D£hED � cane D Consistent with Council Policy? [/1) Yes [ ] New Policy or Exception deciiiori L>(pd;tnreD Statement of Issue Recommendation Analysis Fundinq Source Alternative Actions Attachments �411' STATEMENT OF ISSUE Tran ,mitted for City Council consideration is an appeal filed by Barry Ross on behalf of Roscoe McKeehan to the Planning Commission s approval of Coastal Development Permit No 92-30 Coastal Development Permit No 92-30 is a request by Jon Wierks to permit a 489 square foot, two story addition to an existing two story single family residence in Huntington Harbor The appeal (Attachment No 1) is based on the grounds that the addition will impair the view of the Huntington Harbour Channel and result in a detrimental effect on the value of the appellant s property RECOMMENDATION Planning Commission and Staff Recommendation Motion to Deny the appeal and uphold the Planning Commission ' s approval of Coastal Development Permit No 92-30 with findings and conditions of approval (Attachment No 2) Planning Commission Action on January 5 . 1993 ON MOTION BY GORMAN AND SECOND BY BOURGUIGNON, THE PLANNING COMMISSION DENIED THE APPEAL AND UPHELD THE ZONING ADMINISTRATOR' S APPROVAL BY THE FOLLOWING VOTE AYES Inglee, Bourguignon, Richardson, Detloff, Shomaker, Gorman, NOES None ABSENT Newman ABSTAIN None r Y. ATTA WAIENT 1110 PIO 5/85 /^\ ,F / , ANALYSIS APPLICANT/ PROPERTY QWNER Jon Wierks, 16335 Niantic Circle, Huntington Beach, CA 92649 APPELLANT Barry Ross on behalf of Roscoe McKeehan, 16341 Niantic Circle, Huntington Beach, CA 92649 REQUEST Appeal to the Zoning Administrator' s approval of a request to permit a 489 square foot,—two story addition to an existing two story single family residence (417 square foot second story addition, 72 square foot first story addition) LOCATION 16335 Niantic Circle ZONE R1-CZ (Low Density Residential-Coastal Zone) GENERAL PLAN Low Density Residential EXISTING USE Two story single family residence LOT SIZE 5, 000 square feet Protect History On October 30, 1992, the applicant applied to the city for a coastal development permit to add 489 square feet to an existing 2,716 square foot two-story single family residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 based upon findings and conditions of approval which enables the applicant to proceed with construction of the additional square footage Also, the applicant has indicated verbally that the architectural review committee` for the association has approved the proposed addition At the Zoning Administrator s meeting, there were several letters received in support of the request (see Attachment No 3) In addition, the following concerns were discussed 1 The applicant ' s property does not have a view easement recorded on his property, therefore, the appellant does not have a guarantee of a view of the Channel 2 The appellant ' s property does not abut the water (see Attachment No 4) and the Conditions, Covenants and Restrictions relative to the original subdivision do not provide a view easement of the Channel As a footnote, the City does not enforce CC & R s, they are private agreements between property owners V RCA -2- (5577d) i 0 r 0 3 The City has maintained the Coastal Commission policy which protects views of Coastal resources from public places The City' s Local Coastal Program does not contain language which protects views of coastal resources from private property On December 8, 1992, an adjacent property owner appealed the Zoning Administrator ' s approval based on the grounds that the 489 square foot two story addition to an existing 2, 716 square foot two-story single family residence would block the view to the Huntington Harbour Channel The appellant asserts that the construction of the addition would detrimentally affect the value of his property The appeal was heard by the Planning Commission at their January 5, 1993 meeting The Planning Commission listened to the testimony put forth by the applicant and the appellant After lengthy discussion, the Planning Commission determined that the proposal conformed to the "RI" zoning and the "CZ" zoning suffix requirements In addition, a Coastal Development Permit does not address or assure property values provided the expansion conforms with applicable codes As a result, the Planning Commission denied the appeal and upheld the Zoning Administrator' s approval of Coastal Development Permit No 92-30 On January 11, 1993, the appellant 's attorney filed an appeal letter which asserts the same issues as before the Planning Commission and the Zoning Administrator Coastal Status The proposed project is located in the appealable area of the City' s Local Coastal Program Pursuant to Section 989 5 3 b 1 of the Coastal Development Permit requirements of the Huntington Beach Ordinance Code, if the property abuts a waterway and the expansion exceeds 10% of the floor area of the existing structure, a coastal development permit is required In this particular case, the property does abut the channel and the expansion is 489 square feet which represents 18% of the existing approximately 2,716 square foot, two-story residence In order to approve a coastal development permit, the plans, must conform to the City' s development standards, the base zoning, surrounding infrastructure and public access and public recreation policies in Chapter 3 of the State s Coastal Act (Attachment No 5) Summary Since the proposed addition to an existing two story single family residence conforms with the City' s development standards and Local Coastal Program, the applicant ' s property is not restricted with a view easement, and does not interfere with a view from a public place, staff recommends that the City Council deny the appeal and uphold the Planning Commission s and the Zoning Administrator s approval of Coastal Development Permit No 92-30 RCA -3- (5577d) Ai (7) Environmental Status The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act which (7) excepts minor additions to existing facilities FUNDING SOURCE Not applicable ALTERNATIVE ACTION The Planning Commission may approve the appeal by denying Coastal Development Permit No 92-30 with findings ATTACHMENTS 1 kppeal letter dated January 7, 1993 2 Findings and Conditions of Approval 3 Letters in support of Request from Surrounding Property Owners 4 Area Map Identifying Applicant ' s and Appellant' s Property 5 Article 2 (Public Access) and Article 3 (Recreation) of the California Coastal Act 6 Planning Commission Staff Report dated January 5, 1993 MTU MA RLF 1p • RCA -4- (5577d) • BARRY Ross � ATTORNEY AT LAW ONE NEWPORT 714 252 8190 NEWPORT BEACH PLACE CALIFORNIA F A X SUITE 900 92660 714 252 0277 y� yn January 7, 1993 rn '17- V Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re Notice of Appeal of Planning Commission Decision of January 5, 1992 re Coastal Development Permit No 92-30, 16341 Niantic Circle/16335 Niantic Circle, Huntington Beach, CA Dear Ms Brockway I represent Roscoe O McKeehan, the owner of the property at 16341 Niantic Circle, Huntington Beach, California, concerning Coastal Development Permit No 92-30 of John Wierks, the owner of the property at 16335 Niantic Circle, Huntington Beach Mr McKeehan hereby appeals the January 5, 1993 decision of the Planning Commission approving Coastal Development Permit No 92-30 to the City Council Please provide me with advance notice of the hearing before the City Council Also, please provide me with a copy of the staff report and any other documents that are submitted to the City Council in connection with this hearing This request is pursuant to the California Public Records Act, Government Code Sections 6250, et al I will pay for the costs of copying and mailing of these documents If you have any questions, please call me Very truly yours, BARRY A ROSS �' BAR/msr � '�j'►� ,,1��2E'�',�i.✓ cc Roscoe McKeehan Michael Adams, Secretary to the Planning Commission Michael Uberuaga, City Administrator A CI&M�L:NT N ROSCOE O McKEEHAN 16341 Niantic Circle Huntington Beach, CA 92649 (714)846-7984 \ J December 8, 1992 �D DELIVERED DELIVERED Mr Mike Adams E Secretary of the Planning Commission 9�C 0 02 cJo CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 NOTICE OF APPEAL To Decision Of Zoning Administrator Re Coastal Development Permit No 92.30 Dear Sir This shall constitute Notice of my Appeal to the Decision made by the H B Zoning Administrator, on December 2, 1992, in connection with Coastal Development Permit No 92-30 (Applicant -- Jon Wierks Property -- 16335 Niantic Circle, Huntington Beach, Request -- to permit a 500 square foot, 2-story addition to an existing 2-story single family residence) The undersigned, whose residence is situated immediately adjacent to that of the Applicants files this appeal for the reason that the Decision of the Zoning Administrator in approving Applicants request, has the Laffect of substantially impairing the view of the Huntington Harbor water channel from my residence and, as a result thereof, materially and detrimentally affects the value of my property It is my understanding based on a conversation with Staff that no fees are required of me in my making this Appeal If my understanding in this regard is incorrect, please notify me immediately Please advise me at your earliest opportunity of the date(s) scheduled for all future Planning Commission meetings in which this Appeal will be heard Sincerely Roscoe 0 McKeehan ATTACHMENT 2 FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO, 92-30 1 The site plan, floor plans, and elevations received and dated November 11, 1992 shall be the conceptually approved layout 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 A' 11 proposed cantilevered deck improvements require separate permits for the improvements 5 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 0 0 0 0 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 the applicant shall pay all applicable Public works fees 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 (5577d-5, 6) ,U November 30, 1992 — City of Huntington Beach Huntington Beach, CA Subject Wierk Home Addition To Whom It May Concern We have discussed the Wierk's proposed addition and reviewed their plans • We have no objection or grievance concerning the room addition that is being proposed by Jon and Barbara Wierk, at 16335 Niantic Circle, Huntington Beach Patrick and Luella Conn ly, 3943 Mistral Dr Huntington Beach in ► :t,CJIMENT NO November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Mantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, ` J 04'e-. Z41 Alice W Zelden 3953 Mistral Dr _ Huntington Beach, Ca X • • November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNTINGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicants request to permit a 500 square foot addition to the residence at 16335 Niantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, xc - 07 Paf William A Parker 16331 Niantic Cr Y Huntington Beach, Ca G 1� November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNT I NGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicant s request to permit a 500 square foot addition to the residence at 16335 Ni antic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, -' David F Casey 16325 Niantic Cr Huntington Beach, Ca November 30, 1992 Michael Strange Zoning Administrator CITY OF HUNT I NGTON BEACH, CALIFORNIA 2000 Main Street Huntington Beach, California RE COASTAL DEVELOPMENT PERMIT NO 92-30 Applicant Jon Wierks Dear Mr Strange Please be advised that we support and urge your approval of the above applicant s request to permit a 500 square foot addition to the residence at 16335 Mantic Circle, Huntington Beach, as described in your NOTICE OF FILING STATUS We are property owners within 100 feet from the perimeter of subject parcel and do not have a grievance with said proposed project Sincerely, Irvin X Rosen 16332 Mantic Cr Y Huntington Beach, Ca 0/or �3 ' v+ SL/P�.r.� AND ACCESS WA n SHOWN ON T A7 MAP -- — 1 \ r \ dr _-/ � r TRACT . + POR LOT _ y + 70 w I sS w I sB w 7 48-W i 69 49l07 _ P/ERjwEAD s co 47 ♦ rP � 33 /j67 L/NE - o eeO �� _ �• .1, 9 ° r \ PAR 4f ' PAR ? �/ Z. 32 21 PM /62 /PAR2Q 3 G�PAR4' J - r IN b is M I ,a 3' + w $ PAR 6` M PAR ! c PAR5 a x 90 _ 49 so s2 all Q� a l4 . 3 ^ m 17" + „ `o m 3 1 71 ti" 99 a 7 b k h 30 % 72 a a ioo b BULKHEA o �a0 LLl 64 L/A h 29 3 5/ n f - 73 e 28 V 63 52 (D e � Oa„6 � 4 _ •, 27 162 3 sei. 3 APPLICANT $ 18 '- �. �IItl�l�il ^ iw b � ylylc ��l�l h Ip (i)6 -Tien V 6/ T _�L�1�1�j�'� �' +h 4 a�a+ L7 978 76 D 5 = h 19 59 O T se o si o „h"10 77 Q Qe aS . 59 ' 5755 ,0 25 S+ �• i i a� " 20 8 2 i 22 + 23 so �o so2` • B!o� � ID° 204 19 $ v soz7 Bay e APPELLANT I 60 so $ V 4 I 0 0 2 o� 264 263 -70Q I C J 70 2f2 6/ 260LZJ 259 8 257 2S6 255 v `NOTE - THE AREAS DASHED WITHIN LOT B AND DESIGNATED BY GRAB/C NUMERALS AND LETTERS DELINEATE AREAS WHICH ARE APPURTENANT AND AL LOCATFD 0 TO LOTS BEARING CORRFSPOfvDI VG LOT NUMBERS ATTACHMENT NO LEGEND PM /6- 2 A - ACC£5'S WAN S PM /6-3 D - DECK AND RAMP AREAS S - BOAT SLIPS NO MARC H /966 pm /6-4 W- WHARFAGE TRACT A/0 5481 M XT _ �1 7- A 1TICLE 2 • PUBLIC ACCESS Section 30210 In carrying out the requirement of Section 4 of Article X of the California Constitution, maximum access, which shall be conspicuously posted, and recreational opportunities shall be prove-ded for all the people consistent with public safety needs and the need to protect public rights, rights of private property owners, and natural resource areas from overuse (Amended by Ch 1075, Stats 1978 ) Section 30211 J 4 Development shall not interfere with the public ' s right of access to the sea where acquired through use or legislative authorization, including, but not limited to, the use of dry sand and rocky coastal beaches to the first line of terrestrial vegetation Section 30212 (a) Public access from the nearest public roadway to the shoreline and along the coast shall be provided in new development projects except where (1) 1t is inconsistent with public safety military security needs or the protection of fragile coastal resources, (2) adequate access exists nearby, or, (3) agriculture would be adversely affected Dedicated accessway shall not be required to be opened to public use until a public agency or private association agrees to accept responsibility for maintenance and liability of the accessway (b) For purposes of this section, "new development" does not include ( 1) Replacement of any structure pursuant to the provisions of subdivision (g) of Section 30610 (2) The demolition and reconstruction of a single-family residence, provided, that the reconstructed residence shall not exceed either the floor area, height or bulk of the former structure by more than 10 percent, and that the reconstructed residence shall be sited in the same location on the affected property as the former structure (3) Improvements to any structure which do not change the intensity of its use, which do not increase either the floor area , height, or bulk of the structure by more than 10 percent, which do not block or impede public access and which do not result in a seaward encroachment by the structure ATTACHMENT NO. - 35 - QJA�4 ,-An G- (4) The rec�struction or�epai r of any sew---ill , provide however, th the reconstructecr repaired s,.wall is not a s(._�rard of the ` _,.ation of the former structure (5) Any repair or maintenance activity for which the commission has determined , pursuant to Section 30610, that a coastal development permit wil(OMD be required unless the commission determines that the activity will have an adverse impact on lateral public access along the beach As used in this subdivision "bulk" means total interior cubic volume as measured from the exterior surface of the structure (c) Nothing in this division shall rhstrict public access nor shall it excuse the performance of duties and responsibilities of public agencies which are required by Sections 66478 1 to 66478 14, inclusive,of i:he Government Code and by Section 4 of Article X of the California Constitution (Amended by Ch 1075, Stats 1978 ) (Amended by Ch 919, Stats 1979 ) (Amended by Ch 744 , Stats 1983 ) Section 30212 5 Wherever appropriate and feasible, public facilities, including parking areas or facilities , shall be distributed throughout an area so as to mitigate against the impacts , social and otherwise, of overcrowding or overuse by the public of any single area Section 30213 Lower cost visitor and recreational facilities shall be protected encouraged , and , where feasible, provided Developments providing public recreational opportunities are preferred The commission shall not (1 ) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel , motel , or other similar visitor-serving facility located on ether public or private lands, or ( 2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities (Amended by Ch 1191 , Stats 1979 ) (Amended by Ch 1087 , Stats 1980 ) (Amended by Ch 1007, Stats 1981 ) (Amended by Ch 285, Stats, 1991 ) Section 30214 (a) The public access policies of this article shall be implemented in a manner that takes into account the need to regulate the time, place, and manner of public access depending on the facts and circumstances in each case including, but not limited to, the following (1 ) Topographic and geologic site characteristics ��! - 36 - (9 The capacit&f the site to •tarn use anO t what level of intensity (3) The appropriateness of limiting public access to the right to pass and repass depending on such factors as the fragility of the natural resources in the area and the proximity of the access area to adjacent residential uses (4) The need to provide for the management of access areas so as to protect the privacy of adjacent property owners and to protect the aesthetic values of the area by providing for the collection of litter (b) It is the intent of the Legislature that the public access policies of this article be carried out in a reasonable manner that considers the equities and that balances the rights of the individual property owner with the public ' s constitutional right of access pursuant to Section 4 of Article X of the California Constitution Nothing in this section or any amendment thereto shall be construed as a limitation on the rights guaranteed to the public under Section 4 of Article X of the California Constitution (c) In carrying out the public access policies of this article, the commission and any other responsible public agency shall consider and encourage the utilization of innovative access management techniques , including but not limited to, agreements with private organizations which would minimize management costs and encourage the use of volunteer programs (Amended by Ch 919 Stats 1979 ) (Amended by Ch 285 , Stats 1991 ) 37 - (7) (t+-LffV42_. r ARTICLE 3 RECREATION Section 30220 / Coastal areas suited for water-oriented recreational activities that cannot readily be provided at inland water areas shall be protected for such uses Section 30221 Oceanfront land suitable for recreational use shall—be protected for recreational use and development unless present and forseeable future demand for public or commercial recreational activities that could be accomodated on the property is already adequately provided for in the area (Amended by Ch 380, Stats 1978 ) Section 30222 The use of private lands suitable for visitor-serving commercial recreational facilities designed to enhance public opportunities for coastal recreation shall have priority over private residential , general industrial , or general commercial development, but not over agriculture or coastal -dependent industry Section 30222 5 17 Ocean front land that is suitable for coastal dependent aquaculture shall -- be protected for that use, and proposals for aquaculture facilities located on those sites shall be given priority, except over other coastal dependent developments or uses (Added by Ch 1486, Stats 1982 ) Section 30223 Upland areas necessary to support coastal recreational uses shall be reserved for such uses , where feasible Section 30224 Increased recreational boating use of coastal waters shall be encouraged in accordance with this division, by developing dry storage areas , increasing public launching facilities , providing additional berthing space in existing harbors , limiting non-water-dependent land uses that congest access corridors and preclude boating support facilities , providing harbors of refuge, and by providing for new boating facilities in natural harbors , new protected water areas , and in areas dredged from dry land - 38 - ZA+� huntington beach department of community development STAff REPORT u6 EXECUTIVE SLJ�+IIdARY JANUARY 5. 1992 APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 92-30 - - (15335 Niantic Circle) Coastal Development Permit No 92-30 is a request to permit a 489 square foot, two story addition to an existing two story residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 On December 8, 1992, an ad3acent property owner appealed the Zoning Administrator's action The appellant has appealed the action based on the grounds that the 489 square foot two-story addition will impair an existing private view to the Huntington Harbor Channel and will result in a detrimental effect on the appellant' s property Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administ-ator's approval of Coastal Development No 92-30. 4 ATTACHMENT NO -6 i AVE EDINGER a —..ter 3 ...� RFCZ , RI CZ I RI CZ RI CZ F/Z RICZ �77��W�R,��� V� MH J RI CZ RI Ct /C,j cl4 cr �� I / cI qic r RI CI q� c 1 I �ICZ RI CZ RI C7 l s RI CZ RI CZ I �iCl k RI CZ kowtow �8 v Rl CZ f � �'' f `\ � � a j O ( q,<c r � q WR CZ FP2 on on ly,Q C ewslaw, sr 'Oloneo' z r 1 .f r [ r.e Al cZ CF R t R I CZ 0 ti M w vlucricll RI CZ AM f R V� R/ �� c� L ' R 2 ��h G.`l �j f r • MUN11NCiON I(ACN� �—� H'UN, \" BEACH PLANNING �`)ISION • • 0 0 TO Planning Commission FROM Community Development DATE January 5, 1993 SUBJECT APPEAL TO THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 92-30 APPLICANT/ - PROPERTY J OWNER* Jon Wierks, 16335 N2antic Circle, Huntington Beach, CA 92649 - 1 APPELLANT Roscoe McKeehan, 16341 Niantic Circle, Huntington Beach, CA 92649 REQUEST Appeal to the Zoning Administrator's approval of a request to permit a 489 square foot, two story addition to an existing two story single family residence (417 square foot secorid story addition, 72 square foot first story addition) LOCATION 16335 Niantic Circle ZONE R1-CZ (Low Density Residential-Coastal Zone) GENERAL PLAN Low Density Residential EXISTING USE Two story single family residence LOT SIZE 5, 000 square feet 1 . 0 SUGGESTED AC'ION Motion to Deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 with findings and suggested conditions of approval " 2 . 0 GENERAL INFORMATION Coastal Development Permit No 92-30 is a request to permit a 489 square foot two story addition to an existing two story single family residence The appeal is based on the grounds that the addition will impair the view of the Huntington Harbour Channel and result in a detrimental effect on the value of the appellant ' s property v� 0 o a c7 3 . 0 SURROUNDING LAND USE. ZONING AND GENERAL PLAN DESIGNATIONS North, East . South and West of Sub3ect Property GENERAL PLAN DESIGNATION Low Density Residential ZONE R1-CZ (Low Density Residential-Coastal zone) LAND USE 4: } r Single Family Dwellings 4 .0 ENVIRONMENTkL STATUS The proposed project is -.categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act which excepts minor additions to existing facilities 5 .0 COASTAL STATUS The proposed pro3ect is located in the appealable area of the City' s Local Coastal Program Pursuant to Section 989 5 3 b 1 of the Coastal Development Permit requirements of the Huntington Beach Ordinance Code,- if- the property abuts a waterway and the expansion exceeds 10% of the floor area of the existing structure, a coastal develbpment permit is required In this particular case, the property does abut the channel and the expansion is 489 square feet which represents 18% of the existing approximately 2,716 square foot, two-story residence In order to approve a coastal development permit, the plans, must conform to the City's development standards, the base zoning, surrounding infrastructure and public access policies in the State' s Coastal Act 6 . 0 REDEVELOPMENT STATUS Not applicable 7. 0 SPECIFIC PLAN Not applicable 8 .0 SUBDIVISION COMMITTEE Not applicable 9 .0 ISSUES AND ANALYSIS On October 30, 1992, the applicant applied to the city for a coastal development permit to add 489 square feet to an existing 2, 716 square foot two-story single family residence On December 2, 1992, the Zoning Administrator conditionally approved Coastal Development Permit No 92-30 based upon findings and conditions of approval which enables the applicant to proceed with construction of the additional square footage Also, the architectural review committee for the association has approved the proposed addition (see Attachment No 3) On December 8, 1992, an adjacent property owner appealed the Zoning Administrator ' s approval (see Attachment No 2) based on the grounds that the 489 square foot two story addition to an existing 2, 716 square foot two-story single family residence would block the view to the Huntington Harbour Channel The appellant asserts that the construction of the 500 square foot addition would detrimentally affect the value of his property Staff Report - 1/5/93 -2- (5398d) At the December 2, 1992 Zoning Administrator' s meeting, the following concerns were discussed 1 The applicant ' s property does not have a view easement recorded on his property, therefore, the appellant does not have a guarantee of a view of the Channel 2 The appellant's property does not abut the water and the Conditions,, Covenants and Restrictions relative to the original subdivision do not provide a view easement of the Channel 3 TSe City jias maintained the Coastal Commission policy which protects views' of Coastal resources -from public places The ` City's Local Coastal Program does not contain language which protects views of coastal resources from private property SumMary ` J Since the proposed addition to an existing two story single family residence conforms with the City' s development standards and Local Coastal Program, the applicant' s property is not- restricted with a view easement, and does not interfere with a view from a public place, staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 10 . 0 RECOMMENDATION Staff recommends that the Planning Commission deny the appeal and sustain the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 with the following findings and suggested conditions of approval FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO, 92-30 1 The request to permit a 489 square foot, two (2) story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan The proposed addition will not adversely impact public views or access 2 Coastal Development Permit No 92-30 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 The proposed residence will conform with all applicable City codes 3 At the time of occupancy, the proposed remodel and addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan All infrastructure currently exists to the site Staff Report - 1/5/93 -3- (5398d) ' `-1 (7 �J 4 The proposed 489 square foot, two (2) story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act CONDITIONS OF APPROVAL- COASTAL DEVELOPMENT PERMIT NO, 92-30 1 The site plan, floor plans; and elevation received and dated November 11, 1992 shall be the conceptually approved layout CA 2 The Zoning Administrator shall be notified in writing if any changes in building- heighb,T floor `area, setbacks,- building` elevations or npeW space are proposed as a result of the plan check process Building permits shall not be issued until the Zoning Administrator has reviewed and approved- the proposed changes The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature 3 All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways 4 All.- proposed cantilevered deck improvements require separate permits for- the improvements 5 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 6 Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units 7 Low-volume heads shall be used on all spigots and water faucets 8 The applicant shall pay all applicable Public Works fees 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 11 .0 ALTERNATIVE ACTION The Planning Commission may approve the appeal and overturn the Zoning Administrator ' s approval of Coastal Development Permit No 92-30 based on findings ATTACHMENTS 1 Site plan, floor plan and elevations 2 Appeal letter dated December 8, 1992 3 Letter dated December 18, 1992, which provides association approval of the request • SH LF k71 Staff Report - 1/5/93 -4- (5398d) PROJECT DATA w 11� r. ♦a � U / 1 hi N n/ 4 T{L11 r s [.VI •� I/ HUMTMTONNMVM dtA/MM-\ �IfLft FI f^a K r • a� .• 'I`Y.c.aaf \, off MI a1•Hfr Yet LIf~Iso 1'r 7J f/W; INNN #,.ww p Ir r 1 I v hf Ir Mtflr{ -- / Y r r Y r f•I r w 41r w l Ylf Y _K W r~(*■��"I •rr w Y NIN r fWYI 1 r 1Y f r MI/w � � V/ FTYY I fold I w LI�111 r 1 NL r 1•t INII M I w11wI I T 1 rr1 r NtMNR1 .f�N/tY. 1 rn\ Mr� r \ IILr+ Ir 1 Nw M Iw/N1 r INY.YIN I r1 YM M M r r MY 114 M N Ir r w rr L1 / =1 I.f 1NM 1/.�N /111 ��I Iw l w r N I/II Y w fIN rw 1 �� IfY• wLL i\t{ L y V N IM r 11 N I lr Y Y �1 w WY Y Myy N win ).• N 11 u r WI /• N I M rw Ir r NYf f. 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O A 1 O ) 1 O F 1 gl� SITE PLAN 4 L w O O p D O� 060 PpO,466CT♦ ti 1 1 �w� Yi"wv. 1 f f f wI Ilrr 1 I f / 1 I 1 s f f r1f[N w Ar N/ rrr"w LOCATION MAP 1^a r a 1 { y r •. n n M 1 c 1 I l I a •f�SfiY�r��M II 1 11m14 r WSW I M/M� L II �6-8 MIA t- r YM h r t/ El 5. .1•...nr�— yRa�LtlPs.RlMf yy } a� t l J 1 J 1 1 'W9 LKJr1Ma 1*fflra, a b e f Ma. www.nl LMyt � — � e 1 /11 a r gg 1 a 1 1 a I � I ❑ s LEGEND .4 � r , PAR I IL AL SECOND FLOOR PLAN FIRST FLOOR PLAN ` 2 1 .r• �r_re�ar .y �xj i'�«.�{']t�`•1 3..i f» of rn t Cln vt . - - .w- .jM r �Mq41 a of LIgL{h 7 l�I � l� •�i1vIMI �NM110.1 - / 1 y • �� .-- �t• wff � ..►rw 4.n � _ Q ° 0 z r!O 1pi ROM AMPff1 I ••Ifl R PARTIAL WEBT PARTIAL SOUTH r PARTIAL EAST J 31 , M 1 T a � s 1 � 1 f 1 3 7 . . r 0 0 0 ROSCOE O WKEEHAP, 16341 Niantic Circle Huntington Beach, CA 92649 (714)846-7984 December 8, 1992 HAND QFI WERM V Mr Mike Adams �t E V V Secretary of the Planning Commission 1g92 do CITY OV HUNTINGTON BEACH 2006 Main Street - Huntington Beach, CA 92648 _ NOTICE OF APPEAL To Decision Of Zoning Administrator - Re Coastal Development Permit No 92-30 Dear Sir This shall constitute Notice of my Appeal to the Decision made by the H B Zoning Administrator, on December 2, 1992, in connection with Coastal Development Permit No 92-30 (Applicant -- Jon Wierks, Property -- 16335 Niantic Circle, Huntington Beach, Request -- to permit a 500 square foot, 2-story addition to an existing 2-story single family residence) The undersigned, whose residence is situated immediately adjacent to that of the Applicants, files this appeal for the reason that the Decision of the Zoning Administrator in approving Applicant's request, has the effect of substantially impairing the view of the Huntington Harbor water channel from my residence and, as a result thereof, materially and detrimentally affects the value of my property It is my understanding, based on a conversation with Staff, that no fees are required of me in my making this Appeal If my understanding in this regard is incorrect please notify me immediately Please advise me, at your earliest opportunity, of the date(s) scheduled for all future Planning Commission meetings in which this Appeal will be heard Sincerely, Roscoe 0 McKeehan JON S W I ERKS 16335 NIANTIC CIRCLE HUNTINGTON BEACH, CALIFORNIA 92649 December 18, 1992 Mr Robert Franklin, Associate Planner R E C E I V E Department of Community Development DEC & b 1992 CITY OF HUNT I NGTON BEACH f, 2000 Main Street ^ ti ant Huntington Beach, California 92648 RE CDP 92-30 Dear Mr Franklin Pursuant to our conversation this date, this is to confirm that I submitted the related conceptual building plans to Mr Charles Bohle, President of the Huntington Harbour Homeowners Association, and acting member of the Architectural Review Committee of that Association, on or about November 11, 1992 On December 2, 1992, Mr Bohle informed me via telephQne that the subject committee had met, thoroughly reviewed and discussed my building plans and that the committee had approved them as submitted He added that a letter to that effect would be forthcoming from the committee in the near future Please contact me if you have any questions in this regard Sincerely, Jon S Wierks cc Charles Bohle z1 A Xc nti� JON S WIERKS I 16335 NIANTIC CIRCLE HUNTINGTON BEACH, CALIFORNIA 92649 ®R r �,� ii February 8 1993 1�9,� I Mayor GraceWlnchell HAND DELIVERED CITY 0c FiUNTiF'Groly BEACH 2000 Main Street ADMIAtiSTRAT►VE 9FFICE Huntington Beach California 92648 RE C D P 92-30 Dear Mayor Winchell I am writing toyou as a result of the action taken by the City Council at its meeting held Monday evening February 1 1993 1 respectfully request that all members of the City Council consider the following points prior to making their final decision regarding this matter at the forthcoming meeting to be held Monday February 15 1993 We purchased our waterfront home in early 1975 almost eighteen years ago Because of the m much higher prices of waterfront versus non-waterfront we could only afford one in the — location we selected, but we felt that it would be alright if someday we would be able to expand the house which would allow us to better enjoy the waterfront view Therefor prior to the purchase of our home we did a considerable amount of investigation and due diligence This 4J mm included checking with the City s Planning Department and the Architectural Review Committee of the Huntington Harbour Property Owners Association as to whether this would be allowable In both instances we were informed that it would be permitted as long as we did so within the w ;, parameters of the City Codes and Ordinances We also made a preliminary title search and reviewed the Grant Deed to be certain there were no view restrictions or easements Apparantly Mr McKeehan did not do the same due diligence or he would have known there was no guaranty of preservation of view on his Deed Also,Mr McKeehan testified before the Zoning Administrator that he had never seen the CC&R s before he was notified of my application C C&R s are of public record and eas,ly obtainable by anyone at anytime In addition had Mr McKeehan taken the time before he purchased, to ask me if we had any plans to expand in the future I would have told him that we did Then he could have made his decision to buy or not to buy accordingly We paid a large premium for our waterfront lot in Huntington Harbour, it is generally considered that on-water property is at least double the price of off-water property everything else being equal There is no evidence that the value of his property will be diminished when the room is added The valuation I will lose on my property if the room is not added far exceeds any devaluation he could possibly incur on his property 1 am surprised that Mr McKeehan has protested our project because it will restrict his view of the water Mr McKeehan has had his house listed For Sale the better part of two years It is Mr McKeehan s stated intent to move to Oregon In the past he has utilized the view from his outside balcony a few hours a YEAR if that We utilize the view from our home EVERY DAY A majority of two story waterfront homes do indeed block the views of the homes behind them That is the nature of the layout of homes in Huntington Harbour Why should my home be an exceptions My home would be incompatible to the other waterfront homes if I did not maximize my waterfront view �r Mayor Grace Winchell February 8, 1993 Page Two Finally,there is no provision in the Coastal Program the City s Codes or the City s Ordinances which provide that an off-water view takes precedence over an on-water view If it did,where would it end> Would Mr McKeehan s neighbor,who is further removed from the water take precedence over Mr McKeehan s view9 In summary I have been informed by all prior jurisdictional bodies that my application conforms to and abides by the now-in-effect codes ordinances and guidelines The City Staff has strongly recommended that my application be approved it has been approved by the Zoning Administrator unanimously approved by the Planning Commission,and twice approved by the Architectural Review Committee of the Huntington Harbour Property Owners Association I would fervently hope that my compliance with the existent laws would be recognized by the City Council Thank you for your consideration in this matter Sincerely �L� Jon S Wierks Applicant cc All Council Members City Attorney City Administrator City Planner • • CM Continental Lawyers 'title Company Subsidiary of Lawyers Tide Insurance Corporation PROPERTY OWNERS CERTIFICATION I � Lynn Tilley certify that on 12/17/92 the attached property owners list was prepared by Continental Lawyers Title Company, pursuant the request of Said list is a complete and true compilation of owners of the subject property involved and is based upon the latest equalized assessment rolls I further certify that the information filed is true and correct to the best of my knowledge Contine1 Lawye�rsJ Title Company �3 y 4 >1 1 Date ' ga 1015 N Main Street Santa Ana California 92701 • PO Box 10100 Santa Ana California 92711 • )714)835 5575 t � • 0 �J( "'I", AcxEP.mAN MoaDOCK & BowEN A PROFESS ONAL CORPORAT ON GARY E. MORDOCK ATTORNEYS AT LAW FAX NUMBER DANIEL C BOWEN 2600 EAST NUTWOOD AVENUE SUITE 640 (714) 680 0768 RICHARD C ACKERMAN FULLERTON CALIFORNIA 92631 TELEPHONE (714) 992 2600 1 February 10, 1993 Mayor Grace Wlnchell D and City Council Members FEB 111993 2000 Main Street Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH Re Development Permit No 92-30 CITY COUNCIL OFFICE Application of Jon and Barbara Wierks Dear Mayor and Council This office represents Jon and Barbara Wierks regarding the sub)ect development permit I reviewed this application and the various prior proceedings in detail and would respectfully urge the City Council to reconsider their tentative ruling on this matter I believe this application could best be characterized as a routine request for a room addition in an area in which similar requests have been routinely and regularly granted In fact, Mr Wierks' property is one of the few properties in this area for which approval has not previously been sought and received This application has been reviewed and where votes have been necessary, unanimously been approved by the Zoning Administrator for the City of Huntington Beach, the Huntington Beach Planning Commission, the Huntington Beach Planning Department, and the Architectural Review Committee of the Huntington Harbor Property Owners Association The only objections which have been raised which are being considered by your body have been brought forth by one of Mr Wierks' neighbors Those objections are view impairment and detrimental effect on the value of the neighbor's property The law is quite clear in this case that neither of these arguments are germane to the decision making process in this particular case This is a straightforward application for which my client has met the requirements of the City and other involved agencies This is not a case in which my client is seeking zoning relief through a variance or a conditional use permit where legislative discretion and matters outside the stated codes can be considered There is no legal basis for protection of the objecting neighbor's view nor is there any legal protection for his claim of detrimental effect on his property value • • Mayor Grace Winchell February 10, 1993 and City Council Members Page 2 My client has a substantial investment in both time and money in this project The present tentative decision would deny my client's significant property rights which have already previously been granted by the City to the majority of Mr Wierks' neighbors I have advised my client based on the lack of appropriate findings currently being considered that he should pursue his legal remedies in court should the Council formally adopt their prior tentative decision We therefore respectfully request your reconsideration of this matter Should you have any further questions, please feel free to contact the undersigned Sincerely, Richard C Ackerman RCA bw cc City Manager City Attorney Mr and Mrs Wierks � 1 0 Huntington 11arbour Property Owners ,Association, Inc. P O BOX 791 SUNLIT BEACH CALIFORNIA January 34 1993 Mr Jon Wierkes 16335 Nieintic Circle Huntington Beach CA 92649 Dear Mr Wierkes The Architectural Review Committee met again to review your plans The review Included a discussion of the Issues presented by Mr Barry Ross, Mr Roscoe McKeehan and yourself The committee determined that its proir approval of yQi r plans is still appropriate and Intends to take no further action Our decision of cou-se does not preclude luilher action by Mr McKeehan and his attorney to pursue actions and remedies that they may believe to be appropriate Sincerely, f Charles D Bohle President cc Mr Roscoe McKeehan Mr Barry Ross e T 4117 J!(e �a¢ we j � ,I FEB 10 93 08 E"8 HCPEP11HIA 110FD,-)CI,' PI IIJEN P 2/3 AcweRmAN MOxDOGK &. Bowir4 A PR FF. .r ON COA ORA ON GARY E MORDOCK ATTORNEYS AT LAW IAA NUMBCI-f DAN EL C BOWCN 2000 CA. T UTWOOD AVENUE SU TE 640 1 al 6$O 0769 RICHARD r ACArWMAN YULLEHION CAf-JFORt TIA fl24331 TELEPHOI E (7 it 99. .000 February 10, 1993 RECEIVE2 Mayor Grace Winchell _ and City Council Members FE ? 2000 Main Street Huntington Beach, CA 92648 DEPARTMENT OF COMMUNITY DEVELOPMENT Re. Development Permit No 92-30 Application of Jon and Barbara Wierks Dear Mayor and Council This office represents Jon and Barbara Wierks regarding the sub)ect development permit I reviewed this application and the various prior proceedings in detail and would respectfully urge the City Council to reconsider their tentative ruling on this matter I believe this application could best be characterized as a routine request for a room addition in an area in which similar requests have been routinely and regularly granted. In fact, Mr Wierks' property is one of the few properties in this area for which approval has not previously been sought and received This application has been reviewed and where votes have been necessary, unanimously been approved by the Zoning Administrator for the City of Huntington Beach, the Huntington Beach Planning Commission, the Huntington Beach Planning Department, and the Architectural Review committee of the Huntington Harbor Property Owners Association The only ob3ections which have been raised which are being considered by your body have been brought forth by one of Mr Wierks' neighbors Those ob3ections are view impairment and detrimental effect on the value of the neighbor's property The law is quite clear in this case that neither of these arguments are germane to the decision making process in this particular case This is a straightforward application for which my client has met the requirements of the City and other involved agencies This is not a case in which ray client is seeking zoning relief through a variance or a conditional use permit where legislative discretion and matters outside the stated codes can be considered There is no legal basis for protection of the ob3ecting neighbor's view nor is there any legal protection for his claim of detrimental effect on his property value ATTACHMENT NO `=-- - ,_ 114 I FEB 10 93 08 50 ACrEFMAN IIOPDnCK BOWEN P 3i3 Mayor Grace Winchell February 10, 1993 and City Council Members Page 2 My client has a substantial investment in both time and money in this proSect. The present tentative decision would deny my client's significant property rights which have already previously been granted by the City to the ma]ority of Mr Wierks' neighbors I have advised my client based on the lack of appropriate findings currently being considered that he should pursue his legal remedies in court should the Council formally adopt their prior tentative decision. We therefore respectfully request your reconsideration of this matter Should you have any further questions, please feel free to contact the undersigned Sincerely, Richard C Ackerman RCA•bw cc City Manager City Attorney Mr and Mrs Wierks ATTACHMENT NO (� (� _- I i- i 1 II F ii • i STATE OF CAUFORNIA ! County of Orange I am a Citizen of the United States and a resident of the County aforesaid, I am over the PUBLIC NOTICE and upon which the ap age of eighteen years, and not a party to or NOTICE OF plicant or interested party PUBLIC HEARING deems himself aggrieved interested in the below entitled matter I am a APPEAL OF THE ( Said appeal must be sub PLANNING muted to the Coastal Com principal clerk of the HUNTINGTON BEACH mission office within ten COMMISSIONS (10) working days of the ACTION COASTAL date of the Commissions INDEPENDENT, a newspaper of general DEVELOPMENT action There in no fee for PERMIT NO 92 30 the appeal of a coastal de arculation, printed and published in the City of (Request to add velopment permit Huntington Beach, County of Orange, State of may, an appeal within tend 489 sq ft two' file aggrieved person story addition (10) working days pursu Ca(ifomia and that attached Notice is a true and to an existing two ant to Section 30603 of the story residence) Public Resources Code in complete copy as was printed and published in NOTICE IS HEREBY writing to California GIVEN that the Huntington Coastal Commission 245 the Huntington Beach and Fountain Valley Beach City Council will W Broadway Suite 3801 9 hold a public hearing in the Long Beach Califorma issues of said newspaper epr to wit the issue(s) of Council Chamber at the 90801 1450 Attn Theresa Huntington Beach Civic Henry(213)590-5071 Center 2000 Main Street The Coastal Commission Huntington Beach Califor review period will com nia on the date and at the mence after the city appeal) time indicated below to re penod has ended and no cerve and consider the appeals have been filed statements of all persons Applicants will be notified January 21, 1993 who wish to be heard rela by the Coastal Commissionl tive to the application de as to the date of the con scribed below clusion of the Coastal DATE/TIME Monday Feb Commission review Ap ruary 1 1993 7 00 PM plicants are advised not to, APPLICATION NUMBER I begin construction prior to Appeal of the approval of that date Coastal Development Per ON FILE A copy of the mit No 92 30 proposed request is on file APPLICANT Jon Wierks in the Community De APPELLANT Barry Ross velopment Department 1 on behalf of Roscoe Mc 2000 Main Street Hunting Keenan ton Beach Californiaf LOCATION 16335 Niantic 92648 for inspection by Circle the public A copy of the ZONE R1 CZ (Low Den staff report will be available sity Residential Coastal to interested parties at City Zone) Hall or the Main City Li REQUEST Appeal to the brary (7111 Talbert Av Planning Commissions de enue) after January 28 nial of an appeal to the ap 1993 proval by the Zoning Ad ALL INTERESTED PER, ministrator of Coastal De SONS are invited to attend velopment Permit No 92 said hearing and express I declare, under penalty of e uN that the 130 which is a request to opinions or submit evi P P 'J i add a 489 sq ft two-story dence for or against the foregoing is true and correLt addition to an"'sting two la plication as outlined story residence m Hunting above If you challenge the ton Harbor I City Council s action in: ENVIRONMENTAL STA court you may be limited Executed on January 21 ' 1993 TUS Categorically exempt to raising only those Issues pursuant to Section 15301 you or someone else at Cost sa, California Class 1 of the California raised at the public hearing Environmental Quality Act described in this notice or / COASTAL STATUS AP I in written correspondence (\\ PEALABLE(See Below) delivered to the City Clerks PUBLIC HEARING PRO at or prior to the public CEDURE (1) Staff Report hearing It there are any (2) Public Hearing (3) City I further questions please Signs ure Council Discussion and(4) call Robert Franklin As ry City Council action sociate Planner at 536 { h This project is in the ap 5271 _ `J I pealabie portion of the i Connie Brockway coastal zone City Clerk Under the provisions of Huntington Beach City the Huntington Beach Ord1 Hance Code the action Council 2000 Main Street taken by the City Council is Huntington Beach CA final unless an appeal f� 92648(714)536-5227 filed to the Coastal Co m Published Hunting ton PROOF OF PUBLICATION' mission by the applicant or Beach Fountain Valley In an aggrieved party Said dependent January 21 appeal must be in writing and must1set forth in detail 1993 the actionsland grounds by 013843 STATE OF CAUFORNIA County of Orange �I�n�,� C/v.t'Pb I am a Citizen of the United States and a �` SiD''' C1e4r,rb 7Z resident of the County aforesaid, C NQ�TICE I am over the PUBLIC and upon which the ap I age of eighteen years, and not a party to or plicant or interested party NOTICE OF deems himself aggrieved Interested In the below entitled matter I am a PUBLIC HEARING Said appeal must be sub APPEAL OF THE muted to the Coastal Com pnnc(pal clerk of the HUNTINGTON BEACH PLANNING mission office days o ten i (10) working days of the INDEPENDENT, a newspaper of general ( COMMISSIONS I date of the Commissions t ACTION ON COASTAL' action There in no fee for arcufatlon, printed and published in the City of DEVELOPMENT I the appeal e a coastal de PERMIT NO 92 30 velopment permit Huntington Beach, County of Orange, State of (Request to add le aggrieved person may 489 sq ft two- file w appeal within ten story addition � (10) working days pursu Carifom(a and that attached Notice Is a true and ry ant to Section 30603 of the to an existing two Public Resources Code in complete copy as was printed and published In story resSe ce) Coating Cto omm ss California NOTCE the Huntington Beach and Fountain Valley GIVEN that the Huntington W Broadway Suite 380 Beach City Council will Long Beach California) Issues of said newspaper to wit the issue(s) of hold a public hearing in the 90801 1450 Alin Theresa Council Chamber at the Henry(213)590-5071 Huntington Beach Civic The Coastal Commission Center 2000 Main Street review period will corn Huntington Beach Califor mence after the city appeall nia on the date and at the period has ended and no time indicated below to re I appeals have been filed, 21 1993 cerve and consider the) Applicants will be notified January r 1 statements of all persons by the Coastal Commission ,who wish to be heard relaI as to the date of the con hive to the application del clusion of the Coastal scribed below I Commission review Ap- DATE/TIME Monday Feb plicants are advised not to ruary 1 1993 7 00 PM begin in construction prior to APPLICATION NUMBER E A copy FILE)Appeal of the approval of Oo FIL [s of the on file Coastal Development Per Proposed request mit No 92 30 in the Community De' APPLICANT Jon Wierks � velopment Department l APPELLANT Barry Ross 2000 Main Street Hunting Ion behalf of Roscoe Mc' ton Beach California Keenan 92648 for inspection by LOCATION 16335 Niantic the public A copy of the Circle ' staff report will be available ZONE R1 CZ (Low Den to interested parties at City srty Residential Coastal Hall or the Main City Li Zone brary (7111 Talbert Av i REQUEST Appeal to the enue) after January 28 Planning Commissions de 1993 nial of an appeal to the ap ALL INTERESTED PER proval by the Zoning Ad SONS are invited to attend ministrator of Coastal De said hearing and express I declare under penalty of pegury, that the velopment Permit No 92 opinions or submit evi 30 which is a request to Bence for or against thei foregoing is true and correct. add a 489 sq ft two-story , application as outlined, addition to an existing two above If you challenge the story residence in Hunting City Councils action in! ton Harbor court you may be limited Executed on January 21 11993 ENVIRONMENTAL STA to raising only those issues TUS Categ rially exempt you or someone else oc Ipursuant to Section 15301 raised at the public hearing at Co a esa, California. Class 1 of the California described in this notice on Environmental Quality Act in written correspondence COASTAL STATUS AP delivered to the City Clerk PEALABLE(See Below) I at or prior to the publicr PUBLIC HEARING PRO Ihearing If there are any CEDURE (1) Staff Report further questions please) Signature (2) Public Hearing (3) City call eobP t Franklin 5As Council Discussion and(4) City Council action 5271 This project is in the ap Connie Brockway I pealable portion of the City Clerk I coastal zone Huntington Beach City, Under the provisions of Council 000 Main Street the Huntington Beach Ordi G nance Code the action Huntington Beach CA taken by the City Council is 92648(714)536 5227 final unless an appeal if Published Huntin ton PROOF OF PUBLICATION I filed to the Coastal Corn Beach Fountain Valley In mission by the applicant or dependent January 211 an aggrieved party Said 1993 J appeal must be in writing and must set forth in detail 013843 the actions and qrounds byj NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION' S ACTION ON COASTAL DEVELOPMENT PERMIT NO 92-30 (Request to add 489 sq ft two-story addition to an existing two story residence) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below DATE/TIME Monday, February 1, 1993, 7 00 PM APPLICATION NUMBER Appeal of the approval of Coastal Development Permit No 92-30 APPLICANT Jon Wierks APPELLANT Barry Ross on behalf of Roscoe McKeenan LOCATION 16335 Niantic Circle ZONE R1-CZ (Low Density Residential - Coastal Zone) REQUEST Appeal to the Planning Commission' s denial of an appeal to the approval by the Zoning Administrator of Coastal Development Permit No 92-30 which is a request to add a 489 sq ft two-story addition to an existing two-story residence in Huntington Harbor ENVIRONMENTAL STATUS Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act COASTAL STATUS APPEALABLE (See Below) PUBLIC HEARING PROCEDURE (1) Staff Report, (2) Public Hearing, (3) City Council Discussion, and (4) City Council action This project is in the appealable portion of the coastal zone ray�,� r L • • NOTICE OF PUBLIC HEARING (Continued) Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved Said appeal must be submitted to the Coastal Commission office within ten (10) working days of the date of the Commission s action There is no fee for the appeal of a coastal development permit An aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to California Coastal Commission 245 W Broadway, Suite 380 Long Beach, California 90801-1450 Attn Theresa Henry (213) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review Applicants are advised not to begin construction prior to that date ON FILE A copy of the proposed request is on file in the Community Development Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after January 28, 1993 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council ' s action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing If there are any further questions please call Robert Franklin, Associate Planner at 536-5271 Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (5579d) ROTICE OF PUBLIC HEAR APPEAL OF THE PLANNING COMMISSION'S ACTION ON COASTAL DEVELOPMENT PERMIT NO 9 2-3 0 (Requests for add '489 -sq. ft.- two-story addition 4' N'�Zlz�� to a`n `existing two'story residence)'" NOTICEZS:HEREBYaGZVEgthat the Huntington=Beach -City _Council-wiil hold a-public�heaiing in-the Council Chamber at, the Huntington' Beach Civic C:enter;- 2000``Main Street, Huntington Beach,_ California,_ on the dater andCata theyime�Indicated} beloia to receive and consider the_ statements of all-peirsone who wish to be beard relative to the application described below. DATE/TIME: Monday,` February 1, 1993, 7 00- PM APPLICATION NUMBER: Appeal of the approval of Coastal Development Permit No 92-30 APPLICANT: - Jon Wierks APPELLANT: Barry Ross on behalf of Roscoe McKeenan LOCATION: 16335 Niantic Circle ZONE Rl-CZ (Low Density Residential - Coastal Zone) REQUEST: Appeal to the Planning Commission s denial of an appeal to the approval by the Zoning Administrator of Coastal Development Permit No 92-30 which is a request to add a 489 sq ft two-story addition to an existing two-story residence in Huntington Harbor ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act COASTAL STATUS- APPEALABLE (See Below) PIIBLIC HEARING PROCEDURE (1) Staff Report, (2) Public Hearing, (3) City Council Discussion, and (4) City Council action This pro)ect is in the appealable portion of the coastal zone rOV ER NOTICE OF PUBLIC HEARING (Continued) Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party Said appeal must be in writing and must set forth in detail the actions and'groiinds by and upon which the applicant or interested party deems himself_ ev aggried.._§ Said appeal must be submitted to the Coastal Commission office within ten (10) workfna days of the date of the Commission's action...,..There is no fee,, for the-appeal=ofa-- �coas - x «. r �r>..r tai`developme permit•�- �� 7 An aggrieved person may_file an appeal within--ten (10) working days, pursuant~to �Section 30603- of the Public Resources Code, in writing -- --- -- - California Coastal Commission ~ 245- W. Broadway, Suite 380 Long' Beach, California 90801-1450 Attn: Theresa Henry (213) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review Applicants are advised not to begin construction prior to that date. ON FILE A copy of the proposed request is on file in the Community Development Department, 200-0 Main Street, Huntington Beach, California 92648, for inspection by the public A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue> after January 28, 1993 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above If you challenge the City Council's action in court, you may be limited to -raising--only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing If there are any further questions please call Robert Franklin, Associate Planner at 536-5271 Connie Brockway, City Clerk Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 (714) 536-5227 (5579d) ' • CLT� Continental Land Title Company Subsidiary of Lawyers Title Insurance Corporation PROPERTY OWNERS CERTIFICATION I � KEVIN J MCKENNA certify that on 12-17-92 the attached property owners list was prepared by Continental Land Title Company, pursuant the request of Said list is a complete and true compilation of owners of the sub3ect property involved and is based upon the latest equalized assessment rolls currently held by this company We are aware that recent sales have occurred affecting the property within a 300 foot radius Unfortunately, a new assessors map reflecting these changes is not available at this time We hope to have these new maps made available to us within 4 to 6 weeks I further certify that the information filed is true and correct to the best of my knowledge Continental Land Title Company: By KEVIN J MCKENNA Date _ 12-17-92 1015 North Main Street Santa Ana California 92701 PO Box 10100 Santa Ana California 92711 (714) 835 5575 COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS N/A YES NO (� ( ) Did Wang type out City Council or Planning Commission public hearing notice If appeal, are appellant and applicant shown on legal notice? ( ) ( ( ) If housing is involved, is "legal challenge paragraph" included? If Coastal Development Permit, are the RESIDENT labels attached and is the Coastal Commission Office on the labels ( ) 0"" ( ) Were latest Assessor's Parcel Rolls used? Is the appellant's name and address part of the labels? Is day of public hearing correct — Monday/Tuesday? Has the City Administrator's Office authorized the public hearing to be set? C ) ( � Is PC Matrix mailing list required? For Public Hearings at the City Council level please revise the last paragraph of the public hearing notice as follows ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk, written evidence for or against the application as outlined above If there are any further questions please call (insert name of Planner) at 536-5227 CONNIE BROCKWAY,CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 (714) 536-5227 The paragraph which is currently on Coastal Commission public hearings should remain 0019z PUBLIC HEARING CITY COUNCIL AGENDA DATE APPROVAL SUBJECT COUNCIL MEETING DATE NUMBER OF HEARINGS ALREADY SCHEDULEDa,ti APPROVED Ray elver, Assistant City Administrator F z COVER SHEET FOR CITY COUNCIL PUBLIC HEARINGS N/A. YES NO (� ( ) Did Wang type out City Council or Planning Commission public hearing notice? If appeal, are appellant and applicant shown on legal notice? If housing is involved, is "legal challenge paragraph" included? If Coastal Development Permit are the RESIDENT labels attached and is the Coastal Commission Office on the labels Were latest Assessor's Parcel Rolls used? Is the appellant's name and address part of the labels? Is day of public hearing correct — Monday/Tuesday? Has the City Administrator's Office authorized the public hearing to be set? C ) Is PC Matrix mailing list required? For Public Hearings at the City Council level gleasg revise the last paragraph of the public hearing notice as follows ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above If there are any further questions please call (insert name of Planner) at 536-5227 CONNIE BROCKWAY,CITY CLERK CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 (714) 536-5227 The paragraph which is currently on Coastal Commission public hearings should remain 0019z • • CM Continental Land Tale Company Subsidiary of Lawyers itleinsuranceCrporation PROPERTY OWNERS CERTIFICATION I � KEVIN J MCKENNA certify that on 12-17-92 the attached property owners list was prepared by Continental Land Title Company, pursuant the request of Said list is a complete and true compilation of owners of the sub3ect property involved and is based upon the latest equalized assessment rolls currently held by this company We are aware that recent sales have occurred affecting the property within a 300 foot radius Unfortunately, a new assessors map reflecting these changes is not available at this time We hope to have these new maps made available to us within 4 to 6 weeks I further certify that the information filed is true and correct to the best of my knowledge Continental Land Title Company By KEVIN J MCKENNA ✓ Date 12-17-9� 1015 North Main Street Santa Ana California 92701 PO Box 10100 Santa Ana California 92711 )714) 835 5575 Mc (pine & Salyer construction, inc P_ T. _MG a_'. January 27 1993 _ City of Huntington Beach / a�"� 2000 Main St 2- Huntington Beach Ca 92698 Attn City Council Members Subject Converting single story water front home into a two story home Location Next to 10431 Niantic Cr Humbolt Island Residence of Mr & Mrs R McKeehan Dear Council Members I am writing this letter at the request of Mr and Mrs R McKeehan since we also own similar property to theirs on Humbolt Island and could face similar damaging conditions In 1975 my wife and I purchased the vacant corner lot at 16412 Barnstable Circle at the northeast corner of Humbolt and Barnstable The adjacent lot on Barnstable has a 3000 sq ft flat roofed single story home and a large two story home on Humbolt side of our property We paid a considerable premium to acquire this lot at the time because of the elegant water view we have of the Humbolt channel Christeana Bay Tennis Estates water frontage Saddleback mountain on a clear day in addition to one of the larger lots on the island Please note the enclosed photo of the aforementioned views from our homes second story deck and windows This home was designed and built to take full advantage of its views and size I wish to point out that the extreme inside water front lots such as these located at right angles to the island channel were all orig- inally built as one story homes Because the designers and developers had foresight that this procedure would make these almost worthless water front lots sell because of the small home and dock costs and at the same time increase the value of the corner off the water lots such as ours in affording a fine water view Normally the location of the water front homes and lot under dis- cussion can only achieve a straight out water view because of the two story water front homes they are built next to Even if they add a second story to the subject one story home the existing second story next to them is only 10 ft away in most cases to totally limit a side view unless they build a third story r3 15709 Illinois Avenue • PO Box 649 • Paramount CA 90723 (213)634-1161 (213)636-7133 State License B-1 314777 4� • } City of Huntington Beach January 27 1993 Page 2 I think a fair answer and compromise to the problems would be the following 1 Keep rear lst story walls of any water front lots to mum of 10 ft (All the orIcLi-nal homes on Humbolt Island were done that way) and allo_ A new units to go to 5 ft breaks up the continuity of all the existing homes and effects their side water view of channels This 10 ft window is very impor- tant-to the off water lots such as ours in protecting our design p and construction and allows us a continued view we have already paid for 2 Keep the rear wall of any two story addition under discussion approximately 20 ft more or less from lst story rear wall or 30 ft from rear property line This should allow up to 2000 sq ft of 2nd story combined with the existing 3000 sq ft lst story and would be a 5000 sq ft home 3 The 20 ft area can be made into open sun deck with side and end railings being opened enough to maintain the adjoining off the water lots a water view Our city authorities had to have approved the plans and specifications for the island in their entirety and I feel they should consider such facts when they grant future permits and protect us from damages by allowing over building of adjoining properties to the point it causes severe loses to we owners that own the corner properties I think the above suggestions can be accomplished under present build- ing codes and at same time turn a one story home into a two story and still maintain effective view of the off the water view of the adjacent property and partially maintaining his property value at the same time Thank you �7n � Dick McAlpine A Concerned Home Owner - Y Al i�_ 1 1 3 ! y 11 �\ 4. r � as f✓� 3 ;may n^n 'ti \ `��• �'f ��4ya� •` { `r. $Sx sue. ,(_ v �• ex I� - _ _ PETITION � rY We are residents and property owners in Huntington Beach We understand that Jon Wierks , the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe 0 McKeehan, the owner of the adjacent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" note on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number YV f�kw&) /fie-�,��'��• �.���..�e� �1��.t Le��,�/.-ems W,�'����`/�9'v ��J ////fir'^J'-lY"✓vim t_� _ '���" �_ _ '��� -"i�r /� �,��� 671t U RE MW E D JAN2 81993 CITY OF HUNTINGTON BEACH CITY CObNCIL OFFICE/ T)— • • PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the adjacent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" note on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number �1I,�� ccrtz 640 --l-33-7 C�l - 0-3 �yo - 6 95Y ��� less - Wk 5 � 5 Z D-r--3: 0 • PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the ad3acent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" note on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number �� 7 IX 64 A 3 XC4AA��, (L 71V 6f 3-- AAI 74C -3-7F.")- 17tl4d:207 (7159Ste- B6 v �� Zi �i��,��r �� �,�� ��� - S 7 R PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the ad3acent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" note on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number Ea�v-�� uv�o�► 13�cuc,u AQ07 $c 1) GA 61Z(-q j 1�--3 PETITION We are residents and property owners in Huntington Beach We understand that Tom Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe 0 McKeehan, the owner of the adjacent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" note on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number m M- and Mrs Jo- Fu-ts -Q,-L M.L st -� H-FitzMotor Bead- Ca :16AQ DATE 12 Februar v 195- TG Me,Tbe-s of the Huntington Peach C-t, Coanc_ l F�:;Ln I"- a-id M- Jon Fults SLEJEi T Coastal E'e el op,ment Permit r+c Recentl we signed a petition Urging a ND tote on t!-_s perm.t Sub=_euuent to sign_ng the petition we watched the proceedings on TV of the Cit, Council re ieLing this permit Feal _z_ng that a 41inal decision or th-s matter is soon to be made, we want to azfirm our position and continue to urq_e a NO of e '7e do -ct ha e tic clas=_es c-- c_t_zers in hurt_noton Harbour The CC°r-s apply eou=l1 to al - We oo not believe that a 4Fater}ront _et. shc-ild, to bl ocr eC si Tol tecause c person lives on a corner and doesn t have a docl Every one of those homes was given a water view i- the original constriction That view was carefully planned and is in accordance with the CC&Rs ' 1-c there is any quest_c- about this or the CC&Rs then a Maste- Plan needs to be developed to add-ess this issue once and for all Lois and I 1- now bctt of these prcpe-ties yell and tie [ now the residents of both prooerties Lle are all members of the Hunt rgton Ha-boor Ar of ers We bel _e%e that a suitable co,f^promise can and should be worHed out among friends, so that instead of a 40U LOSE, I WIN situation a 11IN - WIN situation is the net r-esul t of these hearings Good Lucl and God Bless ' Sincerel , Jon and Lois Fults RE (1(9' E D F EB 161993 • CITY OF HUNTINGTON BEACH CITY COUNCIL OFFICE / le- M • TO THE MEMBERS OF THE HUNTINGTON BEACH CITY COUNCIL 10 We wish to express our continued opposition to Coastal Development Permit No 92-30 You previously have our signed petition urg-ng a "No" vote on this permit The Harbour waterfront view should be preserved for all residences Our CC & R's, recorded with the County Recorder, specifically prohibit this view blockage They should be followed There are numerous people in the Huntington Harbour that are being affected by this same issue It is imperative that a clear-cut ordinance be estab- lished to prohibit future construction that blocks anyone's view of the waterfront 1 Further, the view blockage will severely depreciate the value of our property r A' S 2�� LJ o [ LL9 D FEB 161993 CITY OF HUNTINGTON BEAC+q • CITY COUNCIL OFFJGE • y/)co /9 3 A)c7- ZEE AI-[-cw6-b ,4 t U6- e'o Nn/c`� ti GOOD EVENINGI Mayor Winchell and Members of the City Council of Huntington Beach Name -Roscoe McKeehan m Address -16341 Niantic Circle, Huntington Beach " I am here again to request a "NO" vote against the approval of the secon 7:7 story addition to Mr Jon Wierks' property located at 16335 Nianti6 Circle LAD :; atj next door to my residence Unfortunately, the City Administrator and Director of Community Development are not taking an impartial position in this matter In fact, they are arguing Mr Wierks/ case for him This is an unfair advantage given to the Applicant I feel like I am fighting "City Hall" and not just the appeal- ing of a building permit At the February 1st hearing, Director of Community Development, Mike Adams, submitted 29 pages of documents for your consideration and they have been resubmitted again along with 14 more pages of documents Included in the 43 pages were five letters submitted as exhibits by the Planning Commission from neighbors voicing no objection to the Wierks' addition None of them will have views blocked by his addition City Council directed staff to meet with the applicant and appellant and attempt to explore the potential for a compromise plan My meeting with Mr Adams lasted about 2 minutes Mr Adams had prepared an alternative sketch design to set-back the second story addition by 5 feet, however, when the fireplace extension is added onto the rear of the structure, the . s • resulting change would amount to only 3 1/2 feet Is this a compromise for a 20 foot addition> I would still be unable to view the main harbor channel and would pick up only a degree or two on the immediate channel Mr Adams expressed that the change would be too expensive and probably unacceptable to the Applicant It is unfortunate that our H H P O A does not perform its functions to preserve the individual rights of home owners under its CC&R' s One board member told me that, because, I did not file a formal opposition to Mr Wierks' first story addition several years ago, they could not oppose this second story addition I did not know how to oppose the first addition at the time but two wrongs do not make a right' Under the CC&R' s, the P O A should never have approved the first addition Citing the CC&R' s Clause IV/ item 2, page 3 " two story dwellings or garages may be constructed, erected, placed, altered or maintained on any lot, it being the intention and desire of Declarant that two-story dwell- ings or garages be permitted to be constructed at certain locations in said real property which will not unreasonably obstruct or impair the views of streets, parkways or waterways from other lots " There is also a citation to protect each owner of any lot against improper use as may depreciate the value of its or his property It does not cite that you must be a waterfront lot owner to en3oy these rights I want to emphasize again, there are so many people throughout the Harbour that are being affected by this issue, it is my fervent desire that a clear-cut ordinance be drafted to prohibit any future construction that blocks neighbors views of the waterfront 36 signers of my petition with 12 corner lot owners on Humboldt Island besides myself have attested to this desire in a petition previously provided to the City Council Members I would encourage you to read again the high-lighted section in the Huntington Harbour CC&R' s and I think you will agree that the intent of that document would be violated if this Permit were allowed to be approved Finally, I would still be willing to accept a reasonable compromise limiting Jon Wierks ' addition and thus affording me the retention of a substantial view of the waterfront and main channel Thank you very much 2� b .1 1 c 1 JJ,, • LPL �N.Gtrt.ltt''� R J F1'c r�,G'SCE View Impact Analysis ���`��s View Before A.dd1t10I1 For Mr.and Mrs.Mckeehan2 i • HAND DELIVERED ROSCOE 0 McKEEHAN 16341 Niantic Circle Huntington Beach, CA 92649 SUBMITTED TO Honorable Mayor and City Council Members SUBJECT Appeal of Planning Commission's Approval of Coastal Development Permit No 92-30 Enclosed are some documents and a letter that may not have been circulated to you prior to or subsequently to the February 1, 1993 hearing on Coastal Development Permit No 92-30 I respect- fully request that you give them your consideration Mr Mike Adams, Director of Community Development, in some of the documents submitted to you at the February 1st hearing, stated that our subdivision Conditions, Covenants and Restrictions do not provide a view easement of the Channel I invite you to read the high-lighted areas in the CC&R's attached (particularly pages 1, 2 & 3) contradicting this point These documents were recorded with the County Recorder's office September 30, 1974 Mr Jon Wierks, Permit Applicant, has submitted a letter stating that he paid a large premium to purchase his waterfront home in early 1975 I also paid a premium in 1977 for my lot because of the view It was my understanding when I purchased my home that our CC&R's would continue to preserve this view We purchased our house to reside in through my retirement My residence is my primary appreciated asset and represents the bulk of my estate value Any loss of view will severely depreciate its value I semi-retired in 1989 and have continued in that status due to the need to supplement my income I put my house up for sale in June 1990 but pulled it off the market in August 1990 because it was necessary to have open-heart surgery In 1992 my real estate agent neighbor stated she had a buyer for my place at my price so I gave her a listing but the buyer chose another location The listing was for 120 days but we pulled the house off the market sooner than that upon receiving notice of Mr Wierks ' proposed construction The impact of his addition would severely reduce the value of my home Finally, it appears that the Huntington Harbor Property Owners Association CC&R's are totally being ignored regarding obstruc- tion of neighbors ' views and depreciation of neighbors ' property I feel the Planning Commission is not acting impartially toward my appeal of C D P No 92-30 I will discuss this point in more • • depth at the Public Hearing Tuesday evening, February 16, 1993 I would appreciate your consideration in this matter Attachments 1 Petition requesting a "NO" vote on C D Permit No 92-30 2 Letter from Dick McAlpine of McAlpine & Salyer Construction, Inc 3 Huntington Harbour Declaration of Limitation, Covenants, Conditions, Restriction and Reservations 0 - ", PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the ad3acent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" dote on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number l aie, PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the ad3acent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be pe-mitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" dote on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number T'f 5 ("q K Y CI �'� I L-03 f7 �1 r��7 -r-t 6 o/ct ezt � y 9 CV K40 n10 6 9 CPwy- (7 -S/7 Lj ell (714) r PETITION We are residents and property owners in Huntington Beach We understand that Jon Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the ad3acent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" Mote on Mr Wierks' Development Permit No 92-30 Telephone JName Address Number 1 �2-15, 'r1S6uQ-,Y C- - {.��v-�i►tc,�o� 8�ncla 1 CA �2(.y�l -� J C I R C L E -I q 6 - H y c,A 612- 1711 7" ram,, Cis >Z yy (71y ) PETITION We are residents and property owners in Huntington Beach We understand that Tom Wierks, the owner of the property at 16335 Niantic Circle, proposes to add onto his property in such a way as to block the Harbor view of Roscoe O McKeehan, the owner of the adjacent property at 16341 Niantic Circle We oppose this addition We do not believe that one property owner should be permitted to add onto his or her residence in such a way as to block the neighbor's Harbor view We support a "No" Uote on Mr Wierks' Development Permit No 92-30 Telephone Name Address Number G� y I Mc Alpine & Salyer construction, inc R_ _T. McAlpine, ir. January 27 1993 City of Huntington Beach 2000 Main St Huntington Beach Ca 92698 Attn City Council Members Subject Converting single story water front home into a two story home Location Next to la4l Niantic Cr Humbolt Island Residence of Mr & Mrs R McKeehan Dear Council Members I am writing this letter at the request of Mr and Mrs R McKeehan since we also own similar property to theirs on Humbolt Island and could face similar damaging conditions In 1975 my wife and I purchased the vacant corner lot at 16412 Barnstable Circle at the northeast corner of Humbolt and Barnstable The adjacent lot on Barnstable has a 3000 sq ft flat roofed single story home and a large two story home on Humbolt side of our property We paid a considerable premium to acquire this lot at the time because of the elegant water view we have of the Humbolt channel, Christeana Bay Tennis Estates water frontage Saddleback mountain on a clear day in addition to one of the larger lots on the island Please note the enclosed photo of the aforementioned views from our homes second story deck and windows This home was designed and built to take full advantage of its views and size I wish to point out that the extreme inside water front lots such as these located at right angles to the island channel were all orig- inally built as one story homes Because the designers and developers had foresight that this procedure would make these almost worthless water front lots sell because of the small home and dock costs and at the same time increase the value of the corner off the water lots such as ours in affording a fine water view Normally the location of the water front homes and lot under dis- cussion can only achieve a straight out water view because of the two story water front homes they are built next to Even if they add a second story to the subject one story home the existing second story next to them is only 10 ft away in most cases to totally limit a side view unless they build a third story 1`7O; Ilinc a\,Pnue PO Box 649 Poromount CA 90723 (213) 634 1161 (213) 636-7133 Sicte License B 1 �l-.'Fl 0 City of Huntington Beach January 27, 1993 Page 2 I think a fair answer and compromise to the problems would be the following Z7 N1�. 1 Keep rear lst story walls of any water front lots to a maw- �� mum of 10 ft (All the ord}, inal homes on Humbolt Island were done_that_way) and_ allow- ew units to go to 5 ft breaks up ��U�b ��� he continuity of all the existing homes and effects their side water view of channels This 10 ft window is very impor- tant to the off water lots such as ours in protecting our design and construction and allows us a continued view we have already paid for 2 Keep the rear wall of any two story addition under discussion, approximately 20 ft, more or less from lst story rear wall or 30 ft from rear property line This should allow up to 2000 sq ft of 2nd story combined with the existing 3000 sq ft lst story and would be a 5000 sq ft home 3 The 20 ft area can be made into open sun deck with side and end railings being opened enough to maintain the adjoining off the water lots a water view Our city authorities had to have approved the plans and specifications for the island in their entirety and I feel they should consider such facts when they grant future permits and protect us from damages by allowing over building of adjoining properties to the point it causes severe loses to we owners that own the corner properties I think the above suggestions can be accomplished under present build- ing codes and at same time turn a one story home into a two story and still maintain effective view of the off the water view of the adjacent property and partially maintaining his property value at the same time Thank you, Dick McAlpine A Concerned Home Owner • . MA- JON S W I ERKS 16335 NIANTIC CIRCLE HUNTINGTON BEACH, CALIFORNIA 92649 February 8 1993 Mayor Grace Winchell HAND DELIVERED 2000 Main Street Huntington Beach California 92648 RE C D P 92-30 Dear Mayor W i nchel I I am writing to you as a result of the action taken by the City Council at its meeting held Monday evening February 1 1993 1 respectfully request that all members of the City Council consider the following points prior to making their final decision regarding this matter at the forthcoming meeting to be held Monday February 15 1993 We purchased our waterfront home in early 1975 almost eighteen years ago Because of the much higher prices of waterfront versus non-waterfront we could only afford one in the location we selected but we felt that it would be alright if someday we would be able to expand the house which would allow us to better enjoy the waterfront view Therefor prior to the purchase of our home we did a considerable amount of investigation and due diligence This included checking with the City s Planning Department and the Architectural Review Committee of the Huntington Harbour Property Owners Association as to whether this would be allowable in both instances we were informed that it would be permuted as long as we did so within the parameters of the City Codes and Ordinances We also made a preliminary title search and reviewed the Grant Deed to be certain there were no view restrictions or easements Apparantly Mr McKeehan did not do the same due diligence or he would have known there was no guaranty of preservation of view on his Deed Also, Mr McKeehan testified before the Zoning Administrator that he had never seen the CC&R s before he was notified of my application C C&R s are of public record and easily obtainable by anyone at anytime In addition had Mr McKeehan taken the time before he purchased to ask me if we had any plans to expand in the future, I would have told him that we did Then he could have made his decision to buy or not to buy accordingly We paid a large premium for our waterfront lot In Huntington Harbour, it is generally considered that on-water property is at least double the price of off-water property everything else being equal There is no evidence that the value of his property will be diminished when the room is added The valuation I will lose on my property if the room is not added far exceeds any devaluation he could possibly incur on his property I am surprised that Mr McKeehan has protested our project because it will restrict his view of the water Mr McKeehan has had his house listed For Sale the better part of two years It is Mr McKeehan s stated intent to move to Oregon In the past he has utilized the view from his outside balcony a few hours a YEAR if that We utilize the view from our home EVERY DAY A majority of two story waterfront homes do indeed block the views of the homes behind them That is the nature of the layout of homes in Huntington Harbour Why should my home be an exception'? My home would be incompatible to the other waterfront homes if I did not maximize my waterfront view ATTACHMEN F NO (o� Mayor Grace Winchell February 8 1993 Page Two Finally there is no provision in the Coastal Program, the City s Codes or the City s Ordinances which provide that an off-water view takes precedence over an on-water view If it did, where would it end> Would Mr McKeehan s neighbor who is further removed from the water take precedence over Mr McKeehan s view'7 In summary I have been informed by all prior Jurisdictional bodies that my application conforms to and abides by the now-in-effect codes ordinances and guidelines The City Staff has strongly recommended that my application be approved it has been approved by the Zoning Administrator, unanimously approved by the Planning Commission,and twice approved by the Architectural Review Committee of the Huntington Harbour Property Owners Association I would fervently hope that my compliance with the existent laws would be recognized by the City Council Thank you for your consideration in this matter Sincerely Jon S Wierks Applicant cc All Council Members City Attorney City Administrator City Planner F•ttj ra- 5 11 0( WELDH I UN5 1 1-4 h'Uz Huntington Harbour Property Owners .Association, Inc. P O BOX 791 SUNSET BEACH, CALIFORNIA January 30 1993 Mr Jon Wierkes 16335 Niantic Circle Huntington Beach CA 92649 Dear Mr Wierkes The Architectural Review Committee met again to review your plans The review Included a discussion of the issoues presented by Mr Barry Ross, Mr Roscoe McKeehan and yourself The committee determined that Its proi, approval of your plans is still appropriate and intends to take no further action Our decision of course does not preclude further action by Mr McKeehan and his attorney to pursue actions and remedies that they may believe to be appropriate sincerely, Charles D Bohle President cc Mr Roscoe McKeehan M r Barry Ross ATTACHMENT NO � xc nvkTv pr • JON S �NIERKS • 4�'0 ` 16335 NIANTIC CIRCLE HUNT I NGTON BEACH, CALIFORNIA February 8 1993 g'� fl � 09, J Mayor Grace WinchelI HAND DELIVERED CiT1 G- ,, 71 f'rTON BEACH 2000 Main Street �9!" ^"_STRAT'ti E OFFICE Huntington Beach California 92648 RE C D P 92-30 Dear Mayor Winchell I am writing to you as a result of the action taken by the City Council at its meeting held Monday evening February 1 1993 1 respectfully request that all members of the City Council consider the following points prior to making their final decision regarding this matter at the forthcoming meeting to be held Monday, February 15 1993 We purchased our waterfront home in early 1975 almost eighteen years ago Because of the o much higher prices of waterfront versus non-waterfront we could only afford one in the _ location we selected but we felt that it would be alright if someday we would be able to expand _ C rn the house which would allow us to better en)oy the waterfront view Therefor prior to the purchase of our home we did a considerable amount of investigation and due diligence This included checking with the City s Planning Department and the Architectural Review Committee - of the Huntington Harbour Property Owners Association as to whether this would be allowable In both instances we were informed that it would be permitted as long as we did so within the parameters of the City Codes and Ordinances We also mace a preliminary title search and reviewed the Grant Deed to be certain there were no view restrictions or easements Apparantly Mr McKeehan did not do the same due diligence or he would have known there was no guaranty of preservation of view on his Deed Also Mr McKeehan testified before the Zoning Administrator that he had never seen the C C&R s before he was notified of my application C C&R s are of public record and eas,ly obtainable by anyone at anytime in addition had Mr McKeehan taken the time before he purchased to ask me if we had any plans to expand in the future I would have told him that we did Then he could have mace his decc.sion to buy or not to buy accordingly We paid a laroe premium for our waterfront lot In Hun onaton Harbour it is gene,ally considered that on-water property is at least double the pr,ce of off-water propertv everything else being equal There is no evioence that the value of his property will be dimirlisheo when the room is added The valuation I will lo_.- o�i my propert, if the room is not aid far exceeds any devaluation he could possibly incur on his property I am surprised ghat Mr McKeehan has protested our protect because it will restrict his view of the water Mr McKeehan has hod his house listed For Shce the better part of two years It is Mr McKeehan s stayed intent to move to Oregon In the past he has utilized the view from his outside balcony a few hours a YEAR if that We uti size the view from our home EVERY DAY A majority of two story waterfront homes do indeed block the views of the homes behind them That is the nature of the layout of homes in Huntington I-arbour Why should my home be an �1 my waterfront view exception" My home would be incompatible to the other waterfront homes if I did not maximize • • Mayor Gracie Wlncheli February 8 1993 Page Two Finally there is no provision in the Coastal Program the City s Codes or the City s Ordinances which provide that an off-water view takes precedence over an on-water view If it did where would it end> Would Mr McKeehan s neighbor who is further removed from the water take precedence over Mr McKeehan s view*> In summary I have been informed by all prior jurisdictional bodies that my application conforms to and abides by the now-in-effect codes,ordinances and guidelines The City Staff has strongly recommended that my application be approved, it has been approved by the Zoning Administrator unanimously approved by the Planning Commission,and twice approved by the Architectural Review Committee of the Huntington Harbour Property Owners Association I would fervently hope that my compliance with the existent laws would be recognized by the City Council Thank you for your consideration in this matter Sincerely �L� Jon S Wierks Applicant cc All Council Members City Attorney City Adm inistrator City Planner I i I AML • i E�� Huntington Harbour Property Owners Associ&tion, Inc P O BOX 797 SUNSET MACH CALIFORNIA January 30 1993 Mr Jon Wierkes 16335 NiantiC Circle Huntington Beach CA 92649 Dear Mr Wierkes The Architectural Review Committee MeL again to revieh you, plans The ,aview incluaed a discussion of the Issues presented by M Barry Ross Mr Roscoe McKeehan and yourself The committee determined ghat its proir approval of y"r plans s stifl app,opriate and Intends to sake no further action Our decis,on of cou•se does not preclude further action by Mr McKeehan and his attorney to pursue actions and remedies that they may believe to be appropriate Sincerely Charles D Bohle President cc Mr Roscoe McKeehan Mr Barry Ross r s' -�.�- -4G �r x r .I Mi � b Y� r. {,ySa ` - ti 24322 h M t,RUN 43Q� MalLOORD�ED, NFIVRM TOt + MMOLD E UNIR r r COWITINQ a RUNTINCi'ON HAHBOLR CORPORATION 0 -P '1 i : 1025 Olympic Boulevard C 3 Santa Monica, California 90404 MW ML Mrsaft also" _ 414W.� �. M AN SE'ao W4 "�1 ( � s� o � tg,SUPPLEMEMAL DECLARATION 1 a Or LIXITATIOUS COVENANTS CONDITIONS AND RESTRICTIONS TRA4* 3481 - HUNTINGTON HARBOUR UNIT NO 14 -i ORANGE COMM, CALIFORNIA r _ a� ,ai This Sup p 1 mental Declaration is made this 1� day of AVG SST . 1974 by HUNTINGTON HARBOUR CORPORATION, aBeiaware corporation, (hereinafter referred to as 'Declarant") with reference to tte following facts& A On Ma r 10 1965 Declarant recorded a document entitled 'Declaration o Limitations Covenants, Conditions Restrictions and Pecervations Affecting Portions of The Roal Prcperty T crur == "r__t ri8l (PL—ington Marbou= Unit No 14) in J% tni City of Hu:tington Beams, C,�un.y of wta&w. California' In book 7514 Page 554 of the Official Records of Orange County California (hereinafter referred to as 'the Original Declaration') said property being more fully described therein B Said Original Declaration provided in Section 1 of CLAUSE V thereof for the creation of an Architectural Peview Committea to enforce certain provisions of that instrument Said Architectural Committee was initially composed of L H DOUGLAS JR GEORGE POTTER JR and a third member to be designated by the first two members C The aforesaid section also stated that *Declarant may in its sole discretion at any time assign by supplemental declaration its powers of removal and appointment with respect tr to said Committee to such association or corporation as Declarant may select and subject to such terms and conditions with respect to the exercise thereof as Declarant may impose D Declarant has dompleted development of the property f subject to for Original recleratien aH dent--s " amxfgn &ts prrwers of apgoinunent and zcax.val with resFrt to said Committoe to an organisation comprised of owners of property within tle Huntirgton Harbcur community MW THZRLFOPE, Declarant pursuant to 1S-&Linn 1 of CLAUSE V of s^id Original Declaration doos hereby aaslen its powers of repoval and appointnent with reopeut to the Architnc- tural Review Cowittee created bv said Original recla:ation to the HVIY"IrGTC HARBOUR PROPF P-Y 04-IM S A" OCIATIO a t tl i tornia nonprofit corporation subject to the conditions hereinafter set forth n �3 3 PAII ^ srWA a} Y�� Z A v M ti F 1 • }j j 1 All plans and specifications and other material w N t required or permitted to be filed with the Architectural ; Review Cosarittee under said original declaration shall be r{ filed at the following addresas / R ! O Doz 791 c r Sunset leach• California 9t 10742 £� yr 2 Any inference to the contrary notwiths t none of the functions, rights powers or privilege• o the p Declarant as sat forth in said original declaration, except the authority hareinabove tras_sferred shall be in any way m v limitad, restricted or impaired by this instrument 1 Lxcept as hereby modified, said original declar- ation shall remain unchanged and in full force and effect ca IN M228ESS WEa3 EOr the undersigned being the Declar- ant herein has executed this instrument an the day and yeLr y first above written 3 RUnTISGT01! HARBOUR CORPORATIOp, a Da law Corpo by Z..I ay 5 ocT - THE UWDERSIGMM. being the assignee of ths&powrs hereia casufarred upon it by beclarant does on this ?4 day of�SEI7q . 1974, hereby consent to such assignment and agrees to asss --ti— responsibilities in connection therewith HUNTrNCTOH HARBOUR PROPERTY OWNXRS ASSOCIATION, a California corporation BY /Y a 2 J. t� 6 m L _ 4M r, n�)�►TfN. �� i S2= (W CALIFOKIiIA I 8s COUNTY CY! LN ANGZIM I ' Y an Auqust 22 1974 before •e. the undersigned, a Ito c o or as State, personally appeared 6aIs Robinson known to see to be the re■ en , and Lee N tckel known to ma to be the a cre o corporation that executed thew n t lnetr=ent, known to tee to be the persons who executed the within Instrument on behalf of the corporation therein aasA and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution oV its board of directors = :•.•.•....•.•••••....p•.•.•• WITNESS and d official se 1 .W_ PArza4 0 SWEN signature n)— RtC CAL MONK PatricialD Killeen : C,A"AL«<�Tv M�-- In—wa is MR Nalas (Typed or Printed) .....N..... .....•.••..•N� STATE Of CALIFORNIA ) COUNTY of hue-AUGH&ES ) on .SZCF a u /9 74" before me, the undersigned, a Ho ary c n or Said-State, personally ip'peared kn9wn to me to be the President, an3� known to tee to be the of the corporation that executed the w n Instrument known to me to be the persona who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-lava or a resolution of its board of directors WITNESS my hand and official se 1 Signature ..NN. •N N..NN 0ii1ClK f[4l • MANY ( iMOMAS � Name (Tlrcd or r me : oat ecue�-WLKC.,Uor A • i s Lr+r..�iww Oa 7�1,7. •N•NI • ..•. N•.N• O -3- r r k�F r�_ h Y�'/'♦ S�'4N ry�F A Y � � ' ln�' V �7r i + r � Uw*oos. ■st+ss S. No" iu blur. • ULU 1300 t., Agploso atilocaU w *W17 - AttostiooI rise 1 an lmisbt COUNTY Ra"A LR r _ w DECLARATION OF RESTRICTIONS { A 1 FOR HUNTINGTON HARBOUR +� 4 r • � ' UNIT NO. 14 -r —4 ? s Y r L ► 1 4 i L e � r H + r M w J � �j • � — {6A�j q 9 1s b � � � •• � � t 94 I 9pC i► M SI fl ■ if .! ���$h G � H H g 3F .t. O n O N P Nis v / HIP 8 ,11is - LM-1 AV JC LU AlaF+ s. 9 � o e fM1 dooK 750 PAGE 555 Lovenants to Insure the proper taw acid sp- gambrel root Chimney .hell not be in era arm t dttdad in calculating the building height- to =Mra -any „�: m Oe fywatitato A residential blinding for slogle finch hid nm edf as 5 tawny occupancy permitted to be built here eeher carob b mar ct render Dot including accessory budlddnp or —19" a value o ST to gun garapa- .ractioo an ran ptopvty of FAMILY One oc more persons.acA related baifdimp or structures built of imyropes or to the tither by blood, marriage. or legal Y unsuitable materials; to encourage the ae- adoption,or a group of not more than three ciao of atu edvea". improvements on said curl persons act all so related, together with has property ma at appmpw a backs 6, to secure you or their doaxxdc servants, waintalasng ■ gyp' and adequate free - setbacks from ctrwn commoe household is a dwelling. � and adequate tree apacTs between structures; and In general to provide for a high type and GJtaaw A building or pontoe of a build quairry of devebpmemt cad hnprov,a in tng beugae art d for the purpose of ping and and on Laid real property atieltertng automobiles. whether attached partially atiaebed or separate from the CLAUSE 111 dwell'M t DeAmtions Game Any excavadoo or M or ray coo+ btnuioe thereof upon all or any part of a Fat she purpo.cs hereof the folios ng lot, or any slope or other cond tioo whrh ppiaaatlans and delfnitloea of words, terms rew m tb lts tro any cz avao or 61t M pbarn&hall govern unless the context thmal,fpdirates a different aicanitir Lon Each parcel of land shown as a Ux Afttrr=Ti.nat.Ravtzwr Coteun-ritz Tbc in the recorded Seal map of said real prop- Comm�ltee provided for be Clause V hereof erty and desegaatexf an said rasp by a sepiarawnumber provided, that oo lot drug Srlaaeerer A portion of a building lac ted aced by an alphabetic letter or designated partly underground and having more than by a number other than 1 through '9 in two-thirds of Its c4car Soot em-conlag height eluu e l 33 through Sl racluu a 36 below the average grade of the adpttuag 60 62 through 74 inclusi a 77 $l ill ground at the budding(rent through 94 tacluuvr_ 97 101 101 through Ill incluuvc 116 On 112 through 162. Suri-Dim Any structure having a roof sup inclusi a 164 168 170 through 179 toclu pored by column or by wall&and intended sd a till lilt lag through 199 tiecluu e for the shelter housing a cocloadre of say 00 204 207 through 218 inclusive, 2 0 person. antmal, chattel or properly of any _ 4 226 through 213 mtlusi e, 241 and kind 249 through 336 Inclusive on sad tract Suttttr+o AczsssoaY A subordin to bu ld map shall be deemed a lot within the mean mg or portico of a principal buiiddag,ocher mg of said Covenants than a garage the use of which a tmcsdeatal to that of the principal building said custom LoT Ace► The area of a bodwatal plane ary in connectan with that use bounded by the vertical planes through hoot tide and rear lot has fluaDo.o liero+rr The vertical ddatatsce measured from the establabeet ground level Lor Lore.Fawn Thu boundary Una cd a to the highest point of the foUawng (i) lot which Is abet a saves Una sacept se the top side of the ceiling bears in the can otherwas design ated by the Arehitwmrzl of a flat roof (cal the deck ltne In the can Rcview Cow twee. On aormar lots (I a. of a mansard roof and On) the mean level lots bounded on two ■daa by streets) the of the top side of rafters between the caves front lot Inc shall be the Ise designated by and the ridge to the can of a gable hip or the Architectural Revdcw Committee. Vr l� — t `it,x �i 9"111"IV 4 � r BOOK 75 14 PACE 556 Lc r Lima. RzAa That boundary Ime of a Wisum"m Atoms The arse of waterway lot were Is most di taw from and k or 6 shows wed designated n 'wharfagw areas" approaLnstdy parallel to the hoot lot line as Exhibit B attached hereto and by this If the rw lot Hess is ka than tin(10) feet mfavice toads a part hc+oof.which Exhibit in length,or If the lot forms a point at the dalhus by boundary(tees the location and rev the tar lot line shall be deaned to be extent the wharfage era appertaming to a Use toe fed In knob w(thra the lot,par each wauxtroet IoL aU to sad m ataximuo distance from the from tat Us& Lar Lima, Sox Any bens dary Irne of a CLAUSE IV tat which is ant a hoot or rear lot tins_ Ownwal Rsshidiari t Sroay That portion of a buDding liscluded I tAwd t)w weal oWNUg Type. between the surface of any floor and the AD dots shall be used for privatc un k surface of the floor next above or if there faeuty residence purposes only Ho bottdms ■so floor alcove,the space between the floor and the ceiling next above A basement shall eteall .medconst on es�.cted planed, dwell- not be counted ss a story a mamtasised on say lot,except one dwell- not designed by a licensed architect and SToay HAi.r A space under a slop ng d'"isned and second for OccitpasL7 by one roof which has the line of h+tm-ctwn of f>m+Ty and one private garage contain— mot decling and wall not more than th ee not less than two (2) panting speoss pro- 13) feet above the top floor ter-I and in vded, bowe`R mad garage irsy contain wh ch sp ce not more than sixty percent arch additional naeeber of parking space as (60%) of ibe floor area is earnpteted for shall be first approved n writing by the principal or accessory use Architectural Review Committee Any gangs shall be used solely by the owners or SYtucrvaa Anything erected,consuoctuL occupants of the dwelling to which at is placed, laid or installed m,on or over said appurtenant Accessory buildings may be real property the use of which requires a erected only after approval in writing bas location on at In the ground or any water first been obtained from the Architectural wa) Review Committer WAtaasaarrr The lot lliss or Imes as shown 2. suedw Ham—Ove said TaPP Stony,- on said tract map which adjoin a waterway L WATx raot+T L.or Any lot wbkh shall ad No dwelling or gangs shall be con pin a waterway without regard to whether "ir""Led, "rectal, placed altered, or maie- Declarsat, or the owner of such lot, now Wised on any lot which is more than one or hereafter may neon or have an interest story without prior written approval of the to upon or under said waterway Architectural Review Committee Subtect to said approval of the Architectural Renew Waterway Any lands now covered or Comnuttes, t"OstOn-dwlt•�� hereafter covered by na table waters at may be coovsucted,erected, placed altered high or low tick whether within, adlacmt or maintiinaon any lot.it_being the Inten or ooauguous to the boundaries of Trail M 1w desire or Decjaran�mat two-story No $481 Lot A B C and D shown on dwellings or garages be perm+ Io be��') said tract map %hall be considered water s !-,Rid at ccrtarn location.M and ratprop-,r„ ways 1"T wMir-will unr 4w tin _the of mat _ kws or ram WHARF o■ FACILITIES Docks, docks ~wa - one CNo one-story wharves ftoah, slips, ramps,piers landinp dwelling or gangs atoll exceed twenty (20) and other structure or equipment located or fact in building height,no two-story dwelling proposed to be located in any waterway or garage shall exmed thirty (30) feet his 3 4 r ti T F '1 a. 'u 7W fig, a✓j..� t3 i'Lf i 600n /..1 W16E��7 btuldins hetghL ono no accessory building or 6 Sawasi sts. structure shall exceed ten (10) feet in build No basement shall be nuructed on any ins height unless ■ greater height is first lot without the pno written approval of the approved to wr Sag by the Architectural Architectural Re tew Committee Review Committee 7 C11fitsissM h Dwtrllhag 9laa. No chimney shall extend morc than four (�l fat above the build n height nr any Without the prior written consent of the Architectural Review Committee the ground se i g wit t �_pno written Committee - oT-!iT�icliilFctu Rericw�ammittce Boor area of each dwdlmL exclusive of garages,carports,open terraces,open patios, a Norris. open porches and breezeways, shall be " less than No noxious or offenu a acts ray shall he arried on in or upon an pan of said real (a) 1 600 square feet on lot ha ng an property nor shall anyth g be done there ties of 7 199 square feet or less and on which may be or may becnme an annoy ante or nu once to the ne ghborhood No (b) 1 100 squ re feet on a lot ha ens an an mals except dots and ats, and no more area of 7 00 square feet or more man No burnmg of refuse shall be perm tied o is de any dwell � . as Lal• y ins, except that the burn s of lea es i i J perm tied as or of allnw f by ordinance of Except as otherwise authorued hi any the Ciry of Huntington Beach applicable use ariarce or conditional excep- tion granted by the City of Iluatinoon 9 hrtl�—rartw>ry� Beach rr or to the date of sad Co mints, The use of an no nee s_h.11 M Inc.th1 on ■ e nr�rrr Y garage carport.driveway parking area saterfront sharfage f.&cality 1-9 tb frnn je, L-hnc-Jbo re.. t.,t tin r s or other facility wh ch m y be to front of or 1 side lot line a on n a street adjacent to or pan of anti la as a hab tual root than twenty f20)feet or nearer to a_stiy� pa L its place for comncrcial reh clo u tot line than ten (fill L»t Wthout the p or proh Nted The osnen f Iota shall be re written consent of the Arch test iral Re ew spenuble for the mainte ante and repair of Comm ttix Tenn s courts an ssimm nc lards and parkways located between liar pools shall be constructed unly at s ch lot lines and the edses of street or tboroush local ons as shall ha a been Rot srrro ed in f re pa emeriti on wh ch said lots face or writing by the Arch tectural Rw es rom abut or to which they are adjacent Said as jice and shall be screened from all Streets 1 rid anJ parkways shot he kept clan and and waterfr nix b% a sual barrier arp o ed ckar of refuse and shall not be used for the in writing by the lrchjtectural Review C m p It ng of private or corrmemal vehicles or millee boats or trailers The term -comnwmal v hicles shall include all automobiles. S Dd ewsy% stet on wagons trucks Mats watercraft Accents dr ewal and othe p d re oth r land at nd w i r ehicul r equip- for ehicular use on a lot shall ha e a sear ment shich shall be r s ins a have printed on the side of same any reference to any Lag surface of Portland cement concrete or 1 asphaltic concrete or the equivalent thereof commercial under a►ing or enterprise I Plans and specifications for all driveways IO Ptmr Dlsratin or Vosiesa lsseeze cut erts pavement edging or markers sh It be first approved in writing by the Architec No owner hall perm t any thing or con tural Review Committee d tan to exist upon h s lot which shall pop R M Lb Boar'7514-KE558 hdoee. tired or harbor Iatectloas plant upon any other porfo of avid real properly dbnien or eo:sots hsec& with" the prior wrlttr approval of lb ArcWtnetural Sevin.Committee.Declarant. 11 Nsssplasas Tele or Rude As honey away erect and reaintaio Woo said ts�in Neal Towers. iasfy DrAw real property mach alms and ether ad arde. FaAdes or peas t ehs. ins dewier as It deems drinble In consent- Thera aha0 be sot mere than nee lain*- lion with IN operadom for*A deveioI \ plat* eta sub bsL Said Ymeplaw sha0 be said oak of acid real proprty not more then 72 stpwe Inches Ile area.and w ,hall oelu}a lie same of the ocm-paat 13 OS and hag Operations. and/or the eddrs of the dwelling- ft may No IN shall be used for the purpoee of be looted om the door of the dwo0mg or borhsL ttamiss,quurym&explorsng for OF the wall adpaast thmeti0. or UPON ins wall rc>aovfog water oaT or other hydrocarbons, of as sin teeory bu8ding Or ftruettae. or It minerals of any kind. gravel. or earth No shay be freeloading in the hoot or sidayard. machinery,shall be placed.operated.or main provided that the bright of the nameplate is tamed upon any lot except such machinery not more thsia twelve (12) inch* above &a a usual and custam&ry m connection with the adpinias stoise gnida No tekvisioN or On maintenance of a private residence radio anteasaa.or tower or laundry drying equipment shag be erected or used outdoom. 16 %berfaes Areas. Wharfage Facgleks whether attached to a buMnli or structure. and Sdklteei or otherwise.units Ant approved s wrrttag by the Architectural Review C eurwttee. (a) No owner of any waterfront lot shall locate construct maintain or operate any 12 TOMP"a y Sot actares. wharfage facilities except within the limits No trailer baumeet of an uncompleted of the wharfage arc& appertaining to such buildiaL tent shack.pro or barn,and no lot as described in Exhibit B hereof The tootporary buiMmg or drncttae of any kind Architectural Review Cbmmirtee shall deter shall be used at any tuna, for a rest deaas muse the extent of any wharfage area either temporary or pert enent Temporary appertaining to any waterfront lot or lots in buildings or structure used during the con- the event of any dispute or question with structure of a dwelling shall be on the sarne rrxpect thereto Any wharfage area shall lot as the dwelllnL and such buildings or not be owned. held leased or used except dructures shall be removed immediately by the owners of lots to which the same after the Completion of coastroctioa. appertain and all right title and interest and estate of each owner of any waterfront 13 Uadrsreead Utmdm lot in the Lamm shall revert to and rest in No pipes,conduits bites,wires,equipment Declarant with the reseruon of the lot to or facihttes for the communication trans- which the woe arc appertain in accordance minion or metering of electricity gas.water with Clause VI hereof Each conveyance or tekphonk current.or other utilities shall be transfer of a waterfront lot shall include constructed.placed,or permitted to be placed all right title interest and estate of the anywhere In or Upon any lot other than owner in the portion of the wharfage area within buildings or structures or attached appertaining thereto to the walla thereof unless the same shall be (b) No wharfage facilities shall be con contained to pape,conduits,cables or vauhs eructed erected installed placed altered or eonwwcd placed and mamtamed under maintained except in mitt accordance with pound or concealed in or under buildings the proviswus of p&mgmpb Is hereof and or other approved structures. shall be subject to all applicable laws rules 14 Sips, or regulations of any governmental body Each owner shall at his sole cost and et i No up or advertising device of any kind pence obtain any consent approval permit shall be placed or maintained on any fa or or authorization required by any such I 5 i �rr r' \ �1 i a Mr "a" +c-a � • Boos 7514 PAR59 go ernmcntal ruthonty for the erection con heme plot plan and grading plan shall be truction installation placement alter tion s bmitted in writing over the signature of or ma ntenanee of tiny such wharfage facil the u-tter or his duly sulho tad spent on i es The Archuectu al Re tew Comm it e ■form prepared by the Arch ectural Review in y require th t any such consent appro al Committee Approval by as d Comm lice permit or authortutme be obtained prior to of the erection construction instailauoo appro ng plans for any such wharfage fatal placement alteration or maintenance of staid itics in accordance with the provisions of it tcture may he withheld because the same Paragraph Ig hercof could or m ght no its judgment cause or (c) Each owner of any waterfront lot re ult to a violation of as d Covenants and shall ma rain in good and safe cond Lion also because of the reason ble dissatisfact on and repair all bulkheads located to upon of as d Comm ttee with the grading plan or under said lot inJuding all footings location of the structure, color scherre p 1 ngs and ancillary structures therefor or finish design proporuons architecture,shape thereto together with any wharfage facile es height style or appropriateness of the pro- apperia ning to said lot W thout the poor posed structure or altered structure materials w tien consent of the Architectural Re ew proposed to be used therein kind pitch or Committee no such wharfage facil ties shall type of the roof proposed to be placed be leased or used e14 by the owner there thereon, or because of its reasonable dia- of and said owtsc famly guests and %atisfaction with any or all other matter of tutor_ Each ow of any waterfront lot th ngs which in the reasonaMe judgment of as umes all duties rid oblipalions of peel r the said Committee would render the pro- ant with respect to bulkheads and the wharf poSed structure inhariponivus or out of age area by his purchase of the lot upon keeping with the general plan of tmpro r wh ch the same are located or to%hi h they merit of said real propeny re arpurtcn nt or appertain (b) If the Architectural Review Commit tee shall di»ppro a of any plans nd specmfi 17 House Occupations. CaltOna color scheme plot plan or grading No pinful occupal on p fe %inn o trade plan submitted for appro al it shall send or other non res dental u�c hall be can notice of its dmappfvval to the person or ducted on any lot or in any building persons applying for said approval at the address set forth in the appitcatron therefor w th n thirty 130) days from the date as d Ill Arc4lsicftwail Comb Is. pi ns and spec ficatwrts color scheme plot Is) No build ng or other structure of ally plan and grading plan arc rroented to the trod tncl-d-n without limitation dwell ng% krch tectural Re sew Committee If notice accaaory butidinp garages fences wall% -of des.ppro al is nor so sent the plan and ret ming walls bulkheads sdewalka step specifications color scheme plot plan or a.i ng poles sw mm nit pools tc s grad ng plan submitted %hall be deemed to courts and wharfage facilities shall he hi c been approved by the Architectural erected constructed installed placed altered Review Committee in accordance with the or maintained upon any lot or upon any prop toms of this Paragraph Ili strew, parkway waterway or wale front adjacent thereto unless and until complete (c)The approval of the Architectural Re and detailed plans and specifications there pew Committee of an) plans or specifi.a for color scheme thereof if appropr ate tions,color scheme plot plan or grading plan and ■ plot plan showing and fixing the submit ed for approval for use on any par x location of such structure with reference titular lot. shall not be deemed to be a to infects waterways and lot lints (and the waiver by the Architectural Review C m grading plan if requested) shall have been mitten of its nght to object to any d tlaa first suhm tied for appro ■I to and appro ed features or elements embodied therein if in writing by the Arch tectural Re pew Com a d when the same If atu es of elements are n tire Such plans and peeiflcati ns colts embodied in any subsequent plans and specs 6 V { Y �Y5 �1+� Tiy. r,, i BOOM 7510PACE 560 6cation color schem plot plan or pad ng 19 V1a a1 OYetrsedow—Fimci . plan subm tied for appro al with respect in (a) No fence,wall,hedge or otter usual may other lots. barrier o er roe!t s fees i� r nave an (d) No building or other structure for &— to--r'veer approved by the Archaic rural Renew Commt es me or which any pi no and spookatnme color scheme plot plan or grading plan have been grog oo any la at an l--e�Cr approved by the Architectural Review Cook- of Int grata i t would obRrrict « pah matter shall be erected comerueted install 'e streets_au wars an waterways I ad placed altered « maintained ateept m from a r lots No fence wall ge or stria conformance with sad plain and rpeca a r vtau over sit (6) fM to 8-t—mine sobems, plot pits and grad height save and except f« trees approved to wetting by t nvKw ing plan such conditions and requirements mittee'sha11 be erected r tqpM at an as the Architectural Review Committee may p.. ���� a restrst:Lons set forth impose in connection with its appro a1 of m tlh s Paragrapb 19 may be waved or the same and the pro,sions of the Design modlaSed in writing by the Archrectunl Re Cnterus & General Specdlcations for Rest view Committee The Architectural Renew dences at Huntington Harbour a copy of Committee shall NY supervise the planting which will be kip• on file at the ofi)cea of anti gro wth of trey or z1arant Said Desifn Criteria nay from vt etat on on the lots m sad real property time to time be mended by Declar of Any mil mg existing rreesl and may remove de aeon from said plans end spec f cauZiss or direct the owner of any los to remove trees color scteme plot plan or grading p an or oche shru or { n such rcctiun con truction install t oxi RtC1iUtOs orproh t any (he plant ng avawr o t same an ray placement alteration or maintenance shall t so that the view of streets. parkways null fy t e approval of the Architectural and waterways fxo ^rh z Init will not.be Re sew Comm tine required by th a Para un—reis­wmahly obstructed or immm3rd Each graph 18 and deal]be deemed to have been undertaken without said Committees sp• t owner apes to ab de any outer of the Arch tectunl Rix ew C Committee pro- pro al or consent- hib t ng the planting of trees or other shn h bery or vegetation or d motng the cunt g (e) After the cempletion of the erection. down cutting back or removal of the ant construct on matallation. placement or al tension of any bu Id ng or other structure in accordance with the pro s ons of this Paragraph 19 the Architectural Renew (b) The first owner or owners of each t Committee will upon application of the for of sa d real property agree at or prior to owner of said budding or structure or his the completion of construction of a dwell eg agent or representative issue a cern6cate on such lot as pmnok+f n Paragraph 21 that said building or stricture his been so hereof to a ect a fence o wall upon as d lot completed, if a majority of said Committee along each s de lot line and rear lot Inc determines Stich to be the facL it ther of which abuts another lot of Lad real property Said fence or vrall shall be (I) Neither Declarant nor the Ambrtec of the height material and construction tun!Renew Committee shall be resperosble and shall extend for s ch tength as shall for any defects In any build ng or other be ffrsr approved n wr t ng by the Archi structure erected constructed installed lectural Review Comm tine Application for placed altered or maintained n accordance appro al of such fence or wall &hall be with or pursuant to any plans and spect6 made in accordance with the pro worn of catntns. color acheme plot plan or grading Paragraph 19 hereof In the event that the t plan approved by the Architectural Review owners of tots ha ing common lot lines gree Committee or any conditio v o requ re to the con eruct on of a party or common mints that said Committee may ha a im- fence 'ir wall the same may be located upon posed with raped tbereto the boundary line between such lots 7 I I u �C _ 1 av•7514 561 O 0 LaissLcgit is grade shall be constructed reconstructed No landscaping of any lot, and no pla i or in& tamed on any lot or any portion tng or removal of t{�es except m nor thereof w th a slope steeper than the ratio prdentng, shall take place until plans for of one find one half feet (I'A ) horszontal sanr have been first appro ad in writing by to one foot(I)vertical and (u)no eluung the A ch(ectural Review Comm tree After trade shall be altered or mad reed by chang the completion of a dwelling on any lot,the ng its location or the d rect on of its slope lot shall be landscaped to a d hgent manner or be replaced in whole or in part. Any and in any event within such period as may split cant for a deviation from the foregotog be speaAcd by AAA Committee Such land requirements shall furnish said Committee amptog &hall include at ksA One specimen with such engineering or geological data tree at lust a ght feet in height,in the(root cunccrtsing erosion earth rnmernent, drain y yard The Architectural Review Commit sic hazards to persons or public or private tee may require the owner of any lot At any property and any other matters which as d time to further Landscape any lot which in Committee %hall deem material thereto the op non of said Committee is tsar land 1b) All grades having a slope steepe -aped n an adequate sod attracu a manner than th ratio of two feet ( ) horizontal to on foot 11 ) ert cal shall be planted and 21 Cosmrwetlw And Completion of mat to ned %th growing egetat on suffl Dwelling. c e t to control ero on of s ch grades All The first owner or owners, of each lot itch egetation and the wat ring and main of said real property Agree that within se en ten cc facilities therefor shall be appro ed (7) months after the deft cry of the deed by sad Committee to such lot such owner or owners %11 (t) commence the con truct on of a dwell rig on 4 RaLaANLow said Addition of Cavisawnts such lot And (if)comply with the pro ons ( ) the Arch tectural Re ew Comm it" of Paragraph 19 of Clause IV of th s shall ha c the right and pri ilege to permit Declaration by subm tting to and obta ning the owner of any lot or lots (w thout the the appro al of the Architectural Re e% cnnwnt of owners of other lots) to deviate Committee of the plans and speciflut n from any or all of the Co enanrs set forth in color scheme plot pltn graJing plan and th s CIA se IV pro Jed t—1 such de sit all other mailers relating to sad .%ell ni lion is necessary in order ton carry out the which requ re appro al of u d Committee general purposes of this declaration Any prior to commencement of said construction such permission of said Committee shall Sa d owner or owners further agree to com he in %rs(sng and shall not constitute a plele construction of said d%elling with n %as er of said Committee s powers of en such period of t me as may he spec fed by forcemcnt with respeet to a-iy of maid Cove is d Comm(tee which in no rase h It he nants as to other lots. les than three (3) months after obia is n)t the aforesa d Approval of the Arch tectural (b) Said Co enacts constitute the mint Rev ew Comm itea Sa d Committee or mum conditions and resin ruins applicable good cause a dctcrm ned by it max extend to lots. Declarant hereby reserves a right any of the f negoing time lim i to add or impose by a supplemental declare lion other and more gtrmgent limitatwas, 2 Resabdividing Late, co cnants, conditions, rtstrictwns and user Cations %trh re pest to anv lot or lots now No portion of any lot less than all and or hereafter owned by it including the right n c semcni o cring a port o of ns lot to ricrease setback requ remenis and guars shall be con eyed unless appro ed in-sting fisntage requirements w th respect to bu Id by the Architectural Review Committee ings and other stnictures and otherwise to increase and supplement but not to diminish l Grades and Slope Cost L said Covenants affecting sa J real property (a) W thout the fir or written At—n kI c «lit by permit gi en p r cant to vubpara of the Architectural Re iew Committee (r) staph (a)of th s Paragraph 24 ffT 13 r h L h K .. boo0,7514 mES62 C l A USE V foes and for the ahteratiou or remodeling of Archhedural R4tview Cenernittse or additioeu to any then existing structure eia lots and inwhartage areas so that all 1 CnMdi@46 sumctttra shall conform to the provision The Atchite ctural Review Committer is hereof the general plan of derebpment and here"created with the rights.powets priv such roles u rid Committee may adopt for ikgea and duties Arran set forth It now the Improvement and development of said consists d two mambarc teal property Noth rig herem aha11 be cori �OOd tb as suoriting or empowering said I- W DOUGLAS, JR and GEORGE POTTER. 1R, whits two members may or witi a id rule or ts.a excee.pt a change ber*&Aw da aate a third member At all or �n said Covmanu a:ceps u hermit Pdad anew after the seiectior of said third mem- ber said Committee shag oondst d 4 6ha serif ROVOA Sesser �}e �"gibe Brent a th bcaa�e- tene:y reaignatiori or tgabtltry to act of nay Said Committee may adopt roles and member of said Committee, the temuomg rctdationa. and the same may be changed member or members %hag designate a suc by said Comm tree from time to time time censor Notwithstanding the foregoing, of said rules and regulations shall be deemed Declarant shag have the right and power to be ny port or portion of Lay of Laid at all tunes to remove any or all rnextibets lends or Co eaaou of said Camminee or to IM any vacancy or vacancies Declarsnt may in its sole dts- cmtsori at any itme asugsi by supplemented C L A U S E V I declarattoo its powers of ten vsd and ap pointment with roapeet to said Committee Option to hrehvsr to soch assoaation or corporation u DeeLr 1 Reservation. sat may select Ltd subject to such tams and To preserve the value inherent in sa d conditions with respect to the exerdw real property and to keep a extant market thane! u DexlarLnl may empeie- tbcmfor Declarant reserves to welt and its successors and assigns an assignable opewn 2 Peoevdars. to purchase any lot or lone togetber with any All plans and spoof catwns and other improvements thereon on the same terms mat"isl required or permitted to be flied and conditions sa may be cootuoed in any with the Architectural Re ew Comnuitee boas fide offer that any owner thereof may hereunder shall be filed to the office of roeave for the purchase thereof or any bona Declarant at 16542 Chatham Place,Hunting fide offer or counteroffer that such owner ton Beach California, or such other office may make for the aide thereof at any time as Declarant shall speafy in a supplemented or limes Declarant, in successor, and as. declaration The Architectural Review Cam usm shall have fortytaghi (49) hour, fol- mdleee a appro al or desapt+ro all on matters lowing 9 00 o clock A.lif of the ffrst bun r quirod by the declaration shall be by news day after actual remipt by d of notice maprtty vote of the Committee from any such owner of any such offer or eounteroffa to exercise its option to pur r l Prrcefoa chase said lot or loft and improvements IfJ Said notice shall specify the lot or lots affect The function of the Archetec-oral Review rid the tams and coodwoees 000tained m Comm itee in addition to the unctions set such offer or counteroffer and the names forth el—twrc in this declaration, shall be and addresses of the offeree and offeror to consider and approve or disapprove any Declarant may exercise said opuoo by a { plans and spen&ations or other material written notice delivered to " owner or submitted to It with respect to build ngs and mailed to said owner■ address by certified other structures to be erected constricted or registered mail postage prepaid within instilled altered, placed or maintained on said 49 hour period to which nodca Dacia. 9 i r r 1\� ` y 1 i+ ..o w eoaM7514 563 ram &hall agree to purchase said property corded in the Official Records of Orante and improvements upon the same or more County Cal forms and if so terminated favorable terns and condo ooa Should said Clause shall be cooperative as to all Declarant fail within said period so to exec owners or purchasers of I is to as it real cite its option tben the owner of said property property stall have the right to sell said property and improvements to the person making such offs or recuvint sucb offer or C L A U S E V I I counteroffer but only upon said terms and conditions soil subject to each and every Karam* limnalson covenant condition restriction and reservation and term herein contaned I Recede of lob asid Improvemectes TI* optaoo shall be exercisable only for Tbereoa the purposes of maintaining stabilizing pre Until such I me as the p ovisions of this servint or protecting the We prices of said Cla sc VII shall be term n led pursuant to real property and each and every lot part Paragraph 3 thereof Hunt ngton Harbour or parcel thereof or therein or the market Sales Corporal on a Delaware corporation value thereof at levels reasonably deter and its s ccnsors and ass rns provided they mined by Declarant from ume to time to be real estate brokers licensed under the he for the benefit of said real property the laves of the Slate of Cal f cilia. shall ha e owners thereof or any adjoining or ne gh the sole and a cluti a right to sell offer to boring real property the use or sales of sell or list for sale as a real estate broker which may have an effect upon said real an lob part or parcel of sa d real property property In no event shall this option be wh ch any -net or owners thereof may exercisable for the purpose of discriminating w h to sell or offer for sale by or through against any person because of such person s a real c tale t• ►err o 1• Let The fir c, race color creed religion or national c,wner or ow en of each I t and all su ces ancestry Th s option shall term nate I %n t and a Fri of s ch first owner r years after the deaefr of all issue of 1 W owners h the r ac eptance of t -i to u d Dt uglas If Pre dent of Declarant It ng lot do ca errant and agree t`iat sa d Hu Ling on the date hereof unlcs sooner term natcd ton Fla bts r Sales Corporal on and the sa I suer cssnrs and ass rns shall ha a the afore 2 lavalldity of AaFtament—Re trier as d right Anv owner of any such tot p rl Any transfer or ass gnment of any tot r ptr Cl Iheret f who Jet es to sell r offer made in of ton f th s CI use VI 1 11 tie for le ant uch lot, part or parcel by or o J and of no force or effect Declarant thin gh a real estate broker or brokers sh 11 tran fer of sch and all of the lot s made cc cc nd file w' h sad It ntintion If r upon the express condition that any itansf is. he r S Ics (o par I n a formal excl s e assignments. or con clan es of sa d lots an ontract for a per %I 1 silt (61 montht &hall be to de in accordance with the pro- n form do grated by sa d corporat n visions of this Clause VI and should any stating therein the terms an!cond tions upon lot or lots be transferred amign d or con which %a ch owner wishes to sell or offers i ve)cd in tolahon of any pro is on of this sell and pro iding for a reau nable broker Clause VI said lot or lots shall immediately age fee whi h shall in no a ent exceed the revert to Declarant Its successors and assigns fee if env recommended by the Huntinri n who may thenceforth reenter and take and Ileac'I Board of Realtors Inc or the Cali hold the same f in s Iseal Estate Assoc scion whichever lower In the a ent thsi satJ corporal on hall not w th n one week from rece pt of i ) Tarmlaatloe. d c ntraci etecute and rjeturn the same to The pro i tons of chi Claus N I m y t e h owner as his a Idrets st I d in %a J term nated at any t me by supplemental ontra t s d owner shall have the right to declaration executed by DcOmant and fe ell or offer to sell or 1 it the same w th 10 i 7 r '+ e s i !e�rs'04�s+er.{ � t' . r'[' '�ti rJ- �L Y 5CCA 7514 PAcE 564 any real estate broker licensed under the declaration stall eonttnue and be binding six of the State of Cal fora a, but only set forth in Paragraph 2 of this Clause Vill upon the terms and coed tions contained to for an initial penod of thirty (30) years sad contract In the event that any such from the due of recordation hereof and real estate broker with whom any such lot. thereafter for successive periodic of twenty part or parcel is listed shall reeave on offer Ave (25) years each or conntetOffer acceptable to the owner and cootuntng turns Lod corsditioas less favorable to the owner than those set forth Cevasf�afa to Rim With Ifs tad— in said contras,or shall desire to offer any fsrrlaaair+s C�� such lot part or parcel upon terms and con Each of aM Covenants shall run with the dittoes less favorable than dhow act forth in Laid real property and each Im part or said contract said owner shall again execute parcel thereof and band Declarant. Its me and Ale w th said Hunt ngron Harbour Sales cc Sorg irr raters and assigns and all f Corporation a rev sed formal excluat at"let p rt es clot an ng by th ough or under it ` contract for the aforeaid term in the afore Each purchaser of any lot part or parcel said form pro ding for the aforesaid fee of or in said real property shall by accept and embodying such Icsa favorable terms Lace of a deed or other con—yancs for any and cond ttonx, where ipon m d corporal on such lot, port or parcel thereby be coca shall have a like period of on week n wh ch cluat ly deemed to be a consent d to and to I sit the same for ale upon the terms and greed to all of sad Covenants for him condition set forth in said reused contr ct self and hit heirs, executors, adm n rtra- Nothing here as conts tied shall preclude the ton and assigm and does by toad acceptance owner of any tot part or p reel of to d re I covenant for himself and his bens,executors, property from selling or offering the Lame ■dmmatraton and assigns to observe, per for Late by means other than through a real form and be bound by and Covenants and M estate broker to incorporate aid Covenants by rderence 2 Aotdraat m any deed or other coovcytocs d all or any portion of his interest in any of m d real For purpotrs of the not ce prov ant of Pro1wrty or any lot part or porcel thereof or th a Clause VII the address of Hunt ng therein No lot.part or parcel of or in mud ton Harbour Sales Co potation is 1654 real property or interest therein shall be Chatham Place Hunt ngtcn Beach Cali granted trantferred. conveyed or assigned forma Said address may be changed from except by an instrument executed and sic ttme to time by supplemental declaration knowledged by the Granttek transferees, executed by Declarant and recorded n the eonveyees or assignees therein named in sub- Offk of Records of Orange County Cali stannally the tame form as Hxhibrt A form attached hereto and by this refamce made 3 Tertalisattoa a part hereof or such other forest as shall The proves out of thin Clause Vll may be have been Artt approved m wntmg by the Architectural Renew Committee terminated at any time by supplemental men declaration executed by Declarant and re corded as the Official Records of Orange ) Viotatkaa of Rsiurkriwa Lsfvr.ontoot. County Cal forn a and in any event shall terminate 1 years from the date hereof (a) Upon any violation a or breach any of sirs Covenants Declarant or the A A chi tatural Review Comm tlee may eater any CLAUSE V I I I lot part or parcel to or on said real property upon or at to which such iolation exists and General Provisions may alter correct triodtty remedy or sum manly abate and rerno a at the experts of t EQecdve Dab of CoresiaaEs the owner of such lot part or parcel any Subiect to Paragraph 4 of that Clauu thing or condition that may be or allot there. Vill each of ad Covenants set forth n this on contrary to the provisions bereol De- ll � � 1 BOOK 7514 PALE cl rant or the Arch tectural Review Coen lots may revoke modify amend or supple- m ttee ahall not thereby be deemed to ha a ment in wbok or in part any or all of said trespassed upon such lot.part or parcel Ltd Co manta and may release from any part or shall be subject to so liability to the owoct all of aid Co enants all or any pan of sad or occupant of such parcel for any such real property but only at the followmil entry or other action taken pursuant to the tunes and in the following manna. subparagraph (a) No such change or changes may be (b) Violation of any of Laid Covenants m Je effects a within thirty (30) years from may be enjoined abated,ratramed or other the date hereof wise remedied by any lawful means or pro- (b) Any such change or changes may ceedinga Proceedings to tesaan violation be made effective at the cad of grid t AW of Lard Covenants may be brought at any thirty (30) year penod or thereafta at the time that such nolatioa appears reasonably end of any success+ a twenty Eve (25) year It3<ely to occur to the future In the event of per od if the record owners in fee simple of proceedings brought by Declarant or the at k t troth rds (%) of sand lots consent Arc%utectural Review Committee to enforce thereto prior to the end of any such period or restrain wistion of any of a d Cove- fe) Any such consents shall be effective pants,or to determme the rights or duties of only if expressed in a wntten instrument any person hereunder and Declarant or the or instruments executed and acknowledged Arch tectural Renew Committee pre ■Is to b) each of the consent ng owners and re- such proceedings t may recover a reason corded n the Office of the County Recorder able attorneys fee to be fixed by the court Orange Count) Calufomta_ to addition to court costs and any other relief awarded by the -curt in such pro- A Mor table certificate by a reputable ccedmgs, title insurance company do og business its (c) Said Covtnanu shall bind and inure Orange C ount) C alifom a as to the record ownership of the lots shall be deemed con to the benefit of and be enforceable by lust a evidence thereof w th regard to corn Declarant and the Architectural Re eon tion Comm tice and the owner or owners of an pl ante with the pun on of this y such lot part or parcel o or of said property and Upon and other the effects a date shall any such the respecit a he m succcx%ors and ass gns h rage or chances, t or they shall co b tad of ea.h The failure of Declarant or the trig ups n all persons firms and corpora Architectural Review Committee or of any irons then owning lot part rural to such owner or of any other person entitled th of as J real property •tad shal1l1 run with the land and bind all persons claiming by In enforce any of sa d Covenants to enforce through or under any one or more of them. the same shall in no event be deemed a waver of the right of such person or of any other person entitled to enforce these re s %lortimees and Deeds-of Ina. strictions to enforce the sane thereafter ca J Co enants %"11 he subject and sul- (d) Wa cr or attempted waiver of any ordinate to all mor garc Jee is of trust or of aid Co enants w th respect to any lot (t ter sccurtiv n itumenil n the &tore of a part or parcel to or of tad real property nortg j; or deed of tru i no or he rafter shall not be deemed a wait er thereof as to executed or made in gnxl faith wh It en any other lot pan or parcel nor shall the cumber any of Laid real piopertl and none violation of any of said Covenants upon any of said Ct enants or other provis ons hereof oth r lot pa t or p reel or lot p i or hall s penede or in an) wa) reduce the ps eels affect the applicability or enforce .c ur ty of a 1 ch in i ability of said Co enants with respect to g tit Ho of true any other lot part or parcel r other d re Iv to tray i Howe er it n) of se-J re 1 p openv + a � ircJ in Ilea f f reel ore or ta p r h +ed rider fore t Ynl11111"doa of Cc evaiitt I tire f ray such mufti; ge deed of trust 11x record owners in fee simple of the i other se unty instrument or under any 12 I �q t rF T.Jih'i4` S �L 3oc*7514 PACE 566 judicial sale any person so acqu nng or ant and shall notify Dectusuat pinta+" Is purchoung to d property and his hen or writing of any subsequent change of address. its grantees heirs personal repreaentah es Declarant stall maintain a ilk of such successors, or an gns shall hold all of said addresses. A written or printed sotztx de property subject to all of sand Covenants_ posted In the United Sates Past Office Dosage Prepaid.and addressed to any owner 6 Srversbilky Classes. at the Isst address filed by am*owner with If pours of competent Jurisdiction shall Declarant shall be sufftiient and proper notice to such owner whenever notiocs are bold in slid or uaenforeeabie any part or required is tbds declaratioe Dedarant a ed- all of any of said Covenants or other pro- drea4 for the purpose of all satica required vilsos contained in this declaration Rich or permitted to be green hereunder is 16542 holding shall not Impair invalidate or other Chatham Place, Huntington Beach can wise affect the remainder of this declarst on forma or such other address as Declarant which shall remain in full fora and effect %hail specify from time to time by sup- plemental declaratsoa c:ectited by Declarant 7 AmkV=wst of Dec3arssies Rights and and recorded rot the ORkal Records of Powers. Orange County CaMorisia_ 7 Declarant. its suasion and asngns re sores the right to vest any corpo anon of aisociauort with all or any of the right& 9 Covaasts Cooslattve. mteresu privileges easemerm powers end Said Covenants do not supersede or affect Jut es hercm retained or reserved by Doc ar o any way any limitations, co enants, re ant by a upplemcntal declarat on and assign suxtlons or resumatsous heretofore recorded meat wh h shall be effective when recorded in the Official Records if Orange County in the Office of the County Recorder Orange Californ a, pertaining in -hole or in part County California, and Declarant shal to sand real property thereupon be rel eyed and discharged from every duty so vested in such other corpora lion tar association. 10 HeadLeCL The headinp of the Cla scs and p a MARIng Address Isar Notice. graphs here a conts ned arc for con a cn c Each owner of a lot shall file the correct only and shall not be used in the co stria, in ling ddrcss of such owner w th Declar icon or interpreat on of this declaration 13 1 r i i+ r r� Mr, SS i k ' d � b� �ih T }r�Y� �,`••- v �a�^1'["�yY r�i`'}'sf1R 1 CN F l \ r Proof ad M" 9, 1%5 a ).BXo is Pfotae 627 9511 eoDK 7514 PAGE 56 7 In Wrn+eaa Wnanaor Declarant has Stan or CAtawxta causal this instrument to be executed by its s Vice-Pred&=L attested by its Assistant Couxi7 or oaar+no Secretary and its Corporate Seal to be hereto affixed the day and year first above On May 6 1963 before me the under written ovned a Notary Public in and for said County and State, personally appeared HUNTINGTON HARBOUR GroaOa Porrm Ja known to rise to be the CORPORATION Vice President. vW Maatzw Fzwmir h known to me to be the Assistant Secretary of HuNTIrttmord Haaaom CoaroviATum the corporation that executed the within Instru- ment,known to an to be the persons who L^ ice nt executed the within instrument on behalf of said corporatioo, and acknowledged to toe r- that said corporation executed the within instrument pursuant to Its bylaws or a Amer resofutioa of its board of directors. L Wrrt+raa my band and oOkial seal n Aat.tant secrct,ty C N •`e5 a . y S. Cisco _ 13ot�t)t btic to and for � Y"n W Said ry and State * 4 Counminon c January 9 1968 Or 14 1 r, {"'