HomeMy WebLinkAboutConditional Use Permit - CUP 88-39 - Conditional Exception 8 .100, .t -V 1.0" N.,..•w puOK
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County of CSringe
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Coast DAILY P't.OT with wnieh is combined the
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NEWS-PRESS a newspaper of general cucutatlon
printea and published in the Cify of CoS14 Mnsa
Count? of Orange Stale of California and that a
Notice o! FuLl is Nv!ar inq:
,1 00n.cn copy attached rlerPto Is a true rend complete
copy was printer, and pub►isfitwo In the Cust a mesa
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Executed on Uct_r'Sc'1_.�_� _ _._� . 198
at Cost Mesa, California.
Signature
PROOF OF PVKJCATKiM
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notices `1 GKrM a1 in' S,upot.o► Court o1 0►angtf o.Inty
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STATE OF CALIFORNIA
County of Orange •.a, %..a& A.~-" L.....11
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am a Citizen of the United States and a resident of
the Count)- aforesaid. Iam over the age of eighteen
years and not a varty to or interested in the below
Intilfeq mailer t am a principal clerk of the Orange
Coast DAILY PILOT with which is Combined the
NEWS-PRESS a newspaper of general circulation.
printed and published in the City of COStt Mesa.
Courtly of Orange State of California, and teal a
Notice of ___Publ icHe a r in3_,._----•.... i'
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p1 *hich Cl)p> attached he'elc is a true and complete
cop,. was prtrted and publiS."im) in the Costa Mesa, VAL
Newport Beach, Huntington Beach Fountain Valley
Irvine the South Coast communshe% and Laguna AIL
Beach issues of said ne*sc)acw for �'rt� __.i��. _ a A
cohsecutive weeks to wIt the issut+isl of
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i declare, under penalty of perjury. that the
foregoing Is true and correct.
Executed on 1,�t_1:r:z1:z-__ :___._._._ , 198 T
at rCsta Mesa, California.
Signature
PROOF OF PUKCATWH
Publioh 10/20/88
APPF,�i TO PI,A8111ING C, 1' ION PFKQ A +-Qf
CAD I TIQML 1J6Z URN IT NO 8A-39 h
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.
DWM: Monday , November 7 , 1988
Tj 7 : 00 p . m .
S.UP-UP Conditional Use Permit No . 88-39/Conditional
Exception (variance) No . 88-30
AEFLIC&—NT: Lisa Prodan/R . M. Miller
: Councilwoman Grace Winrhell 6 Councilman Peter Green
I,OCArIQ05: 808 Pecan
PRQPOS�_L : To appeal Planning Commission approval of a request
to expand a non-conforming single family residence
with variance to front yard setback requirements of I
8 feet -4 inches in lieu of 12 feet required , and
increase of over 10 percent floor area ,
E"-Q KTAJ,r_._STMS : Categorically exempt pursuant to Section
15301 , Class 1 of the California
Environmental Quality Act .
0IN__FZ1,E: A copy of the proposed request is on file in the
Department of Community Development , 2000 Main
Street , Huntington Beach , California 92648 , for
inspection by the public .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above . All applications , exhibits , and descriptions of
this proposal are on file with the Office of the City Clerk, 2000
Main Street , Huntington beach, California , for inspection by the
public .
HUNTINGI'ON BEACH CITY COUNCIL
By: Connie Brockway
City Clerk
Phone (714) 536-5227
Dated 10/18/88
REQUEjAi FOR CITY COUNCI ACTION
Dap _- November 71966
Submi" d to: Honorable Mayor and City Council
&6fnittedby: Paul E. Cook, City Administrato �
Prqpared by: Mike C. Adams , Acting Director, Community DevelopmentlWy
Sub*t: APPEAL TO PIJ MNING COMISSION APPROVAL OF CONDITIONAL USE
PERMIT NO. 88-39/CONDITIONAL EXCEPTION NO. 38-30
Consistent with Council Policy? J you ( ) Now Policy a Exc ptioa-,-
A
Statettwnt of Issue, Recdmmmula lon, Anslysis, Fundlnq Sour, Aft
WnWv# Artioni, A �Ew-.;Jj'
41
Transmitted for your consideration is an appeal by Councilperlstmi �r!�
Green and Winchell to the Planning Commission' s approval of
J Conditional Use Permit (CUP) No . 8e-39 and Conditional Exception
(CE) No . 88-30 . CUP 88-39 and CE 88-30 filed by Lisa Prodan is a
request to maintain the expansion of a nonconforming single family
residence at 808 Pecan with a variance to the front yard setback for
8 feet 4 inches in lieu of 11 feet requ; red , and an increase of over
10% floor area .
Attachment 3 includes the two appeal letters which explain the
ressons for the Planning Connission decision being appealed .
eX.a r n ng Carnmi s s istn AcLi n_.And RemondatLan Q gCtgbgr !. 19 8 :
I
ON NOTION BY HIGGINS AND SECOND BY LEIPZIG, THE PLANNING ISSION j
VOTEI~ TO APPROVE CONDITIONAL USE PERMIT 100. 88-39/C'ONDITIONAL
EXCEPTION NO. 88-30, WITH THE riNDTNGS AND CONDITIONS (SEE
ATTACHMENT NO. 1) , 3Y THE FOLLOWING VOTE:
AYES: Higgins, Livengocd, Leipzig, Bourguignon
NOES: Silva, Ortega
ABSENT: Slates
ABSTAIN: None
Sta►�f garco�eedation :
Staff recommrendstion is to overturn the Planning Cowwission ' ■
decision by denying Conditional Use permit No. 84-39 and Conditional
E:caption No . 04-30 , with findings (see Attachment No. 2) .
rat ear
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hpplicant : Lisa Prodan
Appellants : Councilman Green and Councilwoman Minchell
Location : 808 Pecan
Conditional Use Permit No . 88-39 is a request to maintain a 75
square foot addition to an existing single family residence . The
conditional use permit is necessary to ezpand an dzisting
nonconforming structure (S9652 .b. ) . Conditional Exception No. 88-30
is requested because the addition exceeds the maximum 10% expansion
to non conforming structures as allowed by Code (S9652(b) [3) ) and
the addition encrcaches 3 feet-d inches into the front setback
requirement of 12 feet.
The subject property is an unusual site. It is only 22 . 3 feet by 50
feet and adjacent to an alley. The lot was split off from another
parcel in 1944 and is a .legal building site. The dwelling was
originally constructed in 1910. In addition to the lot size, the
structure is nonconforming due to setbacks and lack of any parking
on-site. Also , brick landscape planters built at the time of
remodeling encroach slightly into the public right-of-May along
Pecan Avenue .
The applicant has remodeled and expanded a small beach cottage by
removing a patio cover/porch and replacing it with the construction
of new interior floor area . The construction work, which increased
the 250 square foot structure by 75 equare feet, was done without
proper permits in 1980 . The City investigated after a complaint
from a neighbor. The case was turned over to the City Attorney' s
Office for prosecution, and the owner attempted to file proper
entitlements in both 1980 and 1982. Those applications were
rejected as incomplete. The most recent correspondence from the
Attorney ' s Office requested that the applicant file for a
conditional use permit and conditional exception by August 19,
1988 . The applicant has complied with this order .
The issues include ';he illegal expansion of floor area without
permits , the impact the expansion has on the property and
surroundings, safety issues rega:ding the way in which the expansion
was constructed , the encroachment of the addition into the front
setback, end other nonconforming aspects of the property.
As staged earlier, the code violations and enforcement effort
regarding this property, has extended over many years . The oi,V-sr
first received a stop work order in 1980, but continued to co6plete
the construction. If the conditional use permit and conditional
exception are denied, the applicant Mould be required to remove all
the improvements constructed (the 75 square foot addition) and
restore the dwelling ' s original front elevation. Although not
legally built, the front facade is attractive and blends with the
remainder of the structure.
RCA - 11/7/88 -2- (1881d)
There are concerns about the safety of the structure and its
conformance with building codes . The Building official had
indicated that if an approval was to be made, conditions be attached
requiring that structural calculations be submitted, that wiring bo
In conformance with electrical codes, and that field inspections be
made to verify compliance. These were included as conditions of
approval with the Planning Commission action, along with
requIrements that the patio cover, which is attached to the side
yard fence, be removed and that one open parking space be provided
to the tear of the house to help alleviate on-street parking demands .
In addition, they Planning Commission required that the electrical
system of the entire structure be brought up to current code. This,
they felt, was a rompromine for allowing the front addition to
remain. If the Conditional Use Permit were denied, then there would
be no assurance that the structure ' s electrical system (excluding
the addition part) would be brought up to code.
The proposed project is exempt Class 1, S15301 from the provisions
of the California; Environmental Quality Act .
Not applicable.
ALTE MATIVE ACTION:
See findings for denial from staff recomranndation .
&0aA =:
1 . Planning Commission Apptoved Findings and Conditions of Approval.
Z . Staff Recommended Findings for Denial
3 . Letters of Appal From Councilpersons Pitter Green and Grace
f Wi noire l l
4 . Planning Commission Staff. Repot Datod October 4 : 1988 ,
Including :
a . Site plan, floor plan, elevations dated August 19 , 1986
b. Property owner narrative dated August 17 , 1955
c. Memo from Mike Strange dated July 27 , igae
d . Latter from Art Folger dated July 19 , 1908
e. Memo from Paul Cook dated July 13, 1988
f . Metao from Bill Patapcff dated January 7 , 1988
g . Letter to planning Commission from Jon Daley dated
September 27, 1988
MA: JA:gba
RC,A - 11/7r88
ATTACHNRUT On. 1
FI11DINW AND OoADIr1OA8 OF "P11 VAL
AS ,APPNOVED RT THE PLAAM I NG CGMI W XOn
SIN OR APROYAL-CQHDITIQ L_...USE PERMIT b0. 81-3 9.:
1 . The establishment, maintenance and operation of the
non--conforming structure will not be detrimental to :
a . The general welfare of persons residing or working in the
vicinity;
b . property and improvements in the vicinity of such use or
building .
2 . The granting of the conditional use permit for the
none^nforming expansion will not adversely affect the General
Plan of the City of Huntington Beach .
3 . The alteration/addition does not increase the number of stories .
4 . The alteration/addition improves the structure ' s aesthetic
appearance.
f"DIM $ FOR APPROVAL - CON DITIQNA1 MEPM0LAY1UhMCZ.J MO. d4-3Q
I . The granting of a reduction in the minimum front setback
requirement to 8 feet-4 inches and a 30 percent expansion in
Floor area is less intrusive since the lot ' s front yard is
orien�ed to what is the side yard of most other properties in
the vicinity.
2 . Dina to special circumstances applicable to the subject
property, including size and shape, the strict application of
the Zoning Ordinance is found to deprive the subject property
of priviaeges enjoyed by other properties in tha vicinity and
under i6entical zone classifications . The size of the lost. is
well below the minimum requirement , 1 , 125 square feet versus
2 , 500 square feet .
3 . The creation of one on-site parking space as required by
conditions of approval will bring the site further into
conformance with code and lessen existing impacts on
surrounding properties .
4 . The granting of Conditional Exception No. 88-38 for the minim=
front setback to I feet-4 inches and the 30 percent expansion
in floor area will not be materially detrimental to the public
welfare, or inJurious to property in the saw zone
classification.
(1481d)
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5 . The structure, as modified, is generally attractively designed
and an improvement for the neighborhood .
6 . Tho granting of the conditional exception for the nonconforming
ezpansion will not adversely affect the General Plan of the
City of Huntington Beach.
QINDITIOHS OF MPROVAL .
1 . The site plan, floor plans and elevations received and dated
August: 19 , 1988 , shall be the approved layout except as noted
below. A revised site plan shall he submitted depicting the
modifications described herein:
a . Existing patio cover which is attached to perimeter fence
shall be removed .
b . One paved on-site parking space shall be provided with
access to the alley .
2 . All wiring for the entire structure shall comply, with the
Uniform Electrical Code prior to final inspection .
3 . Structural calculations shall be submitted to the Building
Division to show roof framing as adequate .
4 . The development shall comply with all applicable provisions of
the Ordinance Code, Building Division , and Dire Department . A
plan check shall be performed by the Planning and Building
Divisions . Once a permit is issued, calls for inspection
should be Made to verify compliance with approved plans . This
may require spot checking of footing , spot removal of dry wall ,
etc.
5 . Applicant shall work with Fire Department, Public Works and
Community Development to mitigate any problems with planter
that may encroach into the existing alley right-of-way. If
Fire or Public Works Department determines dedication of alley
is needed in the future they planter shall be removed .
6 . A go-day review shall be conducted by Community Dz;srelopment
Department to ensure compliance with these conditions .
� Y�eia)
ATTA4'HNUit 00. 2
BTAFr DATION FOR IMIAL
fral2rags FOR DU IAL - 1 T I Q,NUL MCE,T I ON go, !! -•3 Q
1. Since the subject property can be fully developed within
regular establiuhed setbacks, such a conditional exception is
not necessary for the preservation and enjoyment of substantial
property rights.
2 . The continuation of the use may be dczrimental to ttie general
welfare of persons working or residing in the vicinity.
3 . An 8 foot-4 inch front yard setback in lieu of 12 feet required
is not compatible with setbacks established for surrounding
properties and would constitute a special privilege
inconsistent with limitations upon those properties .
FI112I1199 1011 DENIAL - CONDITIQ - U&L PERMIT !QC). I, e-39
1 . The site layout and design of the structure is not properly
adapted to streets , driveways , and other adjacent, structures
and uses in a harmonious manner .
2 . The lack of any on-site parking has the potential of having a
negative impact on surrounding properties and adjacent streets .
3 . The use is not compatible with existing uses in the
neighborhood .
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( 1481d)
City of Huntington Beach
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CITY OF HINTING BEACIf
��� CITE' COUNCiL COMMUNICATION � � • •
r1�� I" -Te!�
CONNIE PROCKWAY, City Clerk Peter Green
To f N Or Council man j
WMECTAPPEAL TO PLANNING COMMISSION DATE October 13, 19U
APPROVAL OF CUP 38/39 and CE W30
Please schedule the above for the November 7 City Council meetirtf. I would like to -
appeal the Plannin8 Commission's approval of CUP 88/39 and CE U--30 based upm the
following comerru:
I. Question about pmper front setback dimenslons.
2. The latenees of the how- which may have resulted in lack of citizen
and r*ri~ testimony.
3. Lack of mandatary completion time for proposed remodeling.
4. The Inconsistency of the reduced setback with other huwaes in the
vicinity.
PG:bb
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xc: City Council
City Administrator.
i
71
CITE' OF HUNTINU
�
CITY COUNCIL COMMUNICATION * • �► •
lkodwi, a Mayor and City Council Membwa GPaat
TO and City Claret FROM C,avidit"Oft
BUBACTAPPEAL OF PLANNING COMMMON DAT! Octaltar 139 1"d
CUP U-3910E W30
I hereby regent a public hearing before. the City Council of the 8bvve-re(G. 11114M
applications. I challenge the Plarming Commission's finding for apprOraI at do
cc Ational excep0m and caVitional use pie mit.
The rteam for the challeW. to the Plannint Commiation's actkxu are:
1. The 30% expansion of a non forming use an a split lot is
detrimental to ttw surroundini nniiQhboriraod.
2. The en:•roachment of the *Witko Into the frmt and sift pribu*
worsens the deficiencies of an existing kion-mdombig use owl
grants a sper.1al privilege.
3. The alley encroachment is detrimental to the awt*ar dlq
neighborhood.
a
,. The safety of nei inn prgwtiee Is jaoprr zod by the
non-conforming aspects of the property.
GW:bb
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XC: Paul Cook , City Administrator �
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TKO= Planning Comission
PM011r Cammaity Devalopment
TO:
October 4 . 1988
tUBJRCT: CONDITIONAL US% PRWIT NO. e6-39/CONDITIONIL 2@=W100
(VARIAIfCL) NO. E0-30
Lisa Prodan/R.M. Miller A :
16111 Beach Boulevard septewber IS, lode
Hunt . Beach, CA 92667
Y
: Laurie Acton November le, 1996
963 S. Center
Mono, Nevada $9501 : Toenlot Specific Plaa-
District A
To approve the expansion
of a nonconforming struc- : "Odive benaity
ture with variance to front lesideetial
Yard setback requirement
for a ft . -4 in. in lieu of #ashy
12 f t . required. and an hewn
increase of over 10%
floor area . 2 10125 sg.ft.
(22 .5 ft. s 50 ft. `
iC�►7LiQN: 808 pec a n
1.o QW=T=_ACTION
Deny Conditional Use Permit No . e8-39 and Conditional Reception
(Variance) No . ee-30 with findings .
The applicant has remodeled and expanded a small beach cottage by
ter oving a patio cover/porch and replacing it with the aoretttU tiosi
of now interior floor aria . The construction work, whiek iW996 " �
the 25c square foot structure by 75 square feet , was Gone Wit Mat
proper periaiLs in 1960 . The city Investigated alter a 000plaiSt Me
a neighbor . The case was turd ove: to the City Attorn y' s 0991ee
for prosecution, and th+l 0 mer attempted to file proper eotitle�is
in both 1960 and 1962 . There applications wage rejWted of
iftoomplete . The most recent correspoodence f tee the Attorwsgr`•
Office roqw►Hted that the appl icast file for a c+osdit imel No peadt
and conditional exception by August It, 1968 . The applioot lees
complied with tkis order.
0 A
All"" fir .
�i con Itional use Per-mt is necessary to expand so exiAtiM
aBNOM fo0aiug at:ru:cure, but this is limited bT Cade to s rtsisM of
10 pastcent of the original floor area. A coos tiM*1 oss" too to
this roMiiemat is needed rince the rawaodelinq 1acludnd 4 td peroest
eepausiaa.
A second zorAitional ozception is required because the addition
encroaches 3 feet-8 tvches into the front setback rftpiroms�nt of if
feet .
,,� I t 1 LiBit. ZO^r K3 Al1D�,,, AL , ?j ;
MW6 South- Aid Hut of OWN= ZZORNW-0
42MAI, PLAN D98101ATION: sodium Density Residential
ZOOM Townlot dpecific Plan-Distr:�.vt A
LAM 1JRR: Single family home
The proposed project is exempt Class 1 Section 15301 from the
provisions of tha California Environmental Quality Act .
Sao M6 STA= : Not applicable.
d� TA=A: Not applicable.
7.0 SPEC Z I C Sim:
I
The site is located within the Townlot Specific elan-District A.
which serves as the zoning designation .
&a UgRiylS C ttTTZE : Not applicably.
The subject property is an unuaua,l site. It is only 72 . 5 feet by 50
feet and is wadi up of the rear 22 . 5 feet of a 50 foot wide lot .
The lot was split off from the remainder of the propeciy in 1944 and
is a legal building site. The dwrl 1 inq was originilly constructed
in 1910 . In addition to the lot size , the structure is
nanconforwing due to setbacks and lack of any parking on-sits.
Also, brick landecape plantmc s built at the time of remodeling
wwrdach alightlr lato the public right-of-way along lean lliinui.
The imams• inclu * the illegal expansion of floor area wits:.,iut
permits,, the impact the sapas;:ion has on the property and
surravadings, safety issue@ regarding the ►.+ay in which the 48"asion
was oowatructea, sad the ewccoachment at the addition into the frost
aetk*cM, aa+d other Macawforrring aspects of t%4 property.
An stated earlier, the code violations and enforcement effort
retarding this psopertr has extended over soar rears . no over
fitft received a stop work order in 1900, but continue$ to coalete
the construction. If the conditional use permit sad conditional
exception are denied, the applicant Mould be required to ressove all
the improveswents constructed and restore the dwelling' s original
front elevation. Although not legally built , the front facer is
attractive.
There are concerns about the safety of the structure and its
conformnce with building codes . The Building dff'cial indicates
that if an approval is to ". made, conditions be attached r"uirinq
that structural calculations bo submitted , that Miring be in
conformance Mith electrical codes, and that field inspections be
made to verity compliance. These are included as conditions of
approval with the alternative action recommendation as well as
requirements that the patio cover which is attached to Mhe side yard
fence be removed and that one open parking npacs be provided to the
rear of the house to help alleviate on-street parking demands .
Staff recosoands that the panning Commission deny Conditional Use
Permit No . 88-39 and Conditional Exception (Variance) So . 40-30 with
the following findings :
i
1 . Since the subisct property can be fully developed within
regular established setbacks , such a conditional inception is
not necessary for the preservation and onioyment of substantial
property rights .
1 . The continuation af the use may be detriments', to the general
welfare of persons working or residing in the vicinity.
3 . An 8 foot-4 inch front Yard setback in lieu of lZ feet required
is not compatible with setbacks established for surrounding
properties and would constitute a special privilege
inconsistent with limitations upon those properties .
d . the lack of en on-mite �
Y parking has the potential of having a
negative impact on sutrounding properties and adjacent streets .
S . the site layout and design of the structure is not propeclr
adapted to streets, driveways, and other adjacent structures
and uses in a harmonious manner .
The Planning commission snr app :ove Conditioli'l1 Use Pamit do. 65-99
seed Conditional exception kyar.ance) Mo . so-so witL findiags am
conditions of approve.,.
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Y. site plan, floor plan, elevations dated Augwt 190 19id �
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Mcty �e� p�rsatirra dated Angost 17, 19dd
3. NNW from Mike Strang* dated July, 37, 1989
d . Lettcr from Art Folgor dated July 19, 1998
S. Memo Eros Paul Cook dated Julr 13, 19e8
G . Memo from dill PatepotE dated January 7, 1948
7 . Latter to Planning Comiaaion from Jon Daley doted bepteWwrr
37, 1984
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City of Muntington Bosch August 17. )
Planning Department
P. d. Box 190
Huntington Beach; California 92648
Re: Acton residence SM pecan
Dear Sirs:
In response to the conditional use permit application requir"rent
numbers 11 and 12, please find the enclosed inforwation.
Application approval is being sought to preserve the continued
peaceful use of the prcpc.rty. The p° operty is located in a residential
area of downtown Huntington Beach. There will be no additional population
or traffic gentrated by the issuance of tie necessary permits.
A small patio enclosure was added to a very siaall single family
residence in accordance with all building code requi moments. The purpose
was two fold, first and foremost was to rf!wire and make the hove a safer
place to live, in addition, the expanded footage wAde my home a 1rore
enjoyable place to reside. Surrounding properties are for residential
use also.
The subject property is an undersized lot ; special privilege is re-
quired due to the ratio of coverage caused by the patio enclosure which
includes a 4 foot encroachment into the front setback of the property.
The granting of this conditional use permit will allow the continued
peaceful enjoyment of the property while also allowing a safer envirornnrnt
for the residents of the property.
The structure does not encroach into the existing side and rear yards
of the property nor does the existing building interfere with the ajoining
homeowners continued use of their hNwsr ..
Respectfully,
L . A. Acton
arry or
r
INTER-DEPARTMENT CdI MUNITION
TO File From Mika Strange
Sad" Plangrsar'
f
Subject NO PECAN Date July 27, 19"
On July 22, 1901, Don Show, Lind Use Technkian and Jinn Moore, Chief Electrical
Impactor, performed a field inspection at ROi Pecan for the pupae or Dove
Francis' complaint that the ekctrical wiring was unsafe and was a ham td,.v Ok m I'vAm
-file prqar ty 06
Jiro Moore indicated that although the existing electwical wiring was did and Simi r- Illy
tPd not aoofam to today's standards, the wiring did not pim ent an lmoo late hasard to
M Pecan or adjoining ptvWtles. It was sugge ted that upon submittal of the
appropriate nonin+g applicatkwo. a suggested condition would be added satbe that all
Miring for the structure shall comply with the Uniform Electrkal Code prior to tku1
Itwpecti m.
MS:gbm
glow
OIIf�t Oi ,�
CITY ATTORNEY
i
►.o.mam sir
�.�wrr rtoart
C+►ua naa?
�nrow 'tiiii s war ,
wR
July 19, 1I08
Ms . Laurie Acton
963 South Center
Reno, Nevada 89501
Re: 808 Pecan Property
Dear Ms . Acton:
I
After reviewing your case file, it has been determined by this
office that the following zoning applications and claim of
title showing date of creation of the subject property must be
submitted for review by the Planning Commission of the City of
Huntington Beach .
1 . Conditional Use Permit
2 . Conditional Exception .
You are also requested to file the aforemei,tioned applications
within thirty ( 30 ) days from receipt of this letter . If you
should have any questions regarding this matter , please call
me at 714/ 536-5555 .
I
Very truly yours,
ARTHUR J . FOLGER
Deputy City Attorney
Enclosures
be
L
i`Fr'
k,
COUNCIL - ADMINISTRATO* COMMUNICATION
a.
To Honorable Maya From Paul Coon
rc
& City Council Member City A
i+ M PECAN Dote July 13, IM
On June 20. :M. Mr. Dave Francis spoke before the City Council regarding a
wn-confamin>g structure which was added onto without permits sometime in 190. Mr.
Pr+rncia also spoke reptding other violatkwn including illepi wiring and plumbing.
The City Attorney's office and the Department of Community Dr.-skipamm hrs
mvita®d this matter and determined that to allow due process I& thk natur. the
property owner will be contacted and requested to submit the aplpTcprlate xcnir:-
applications to be reviewed by the Planning Commissbn. The property owner will be
permitted 30 days in whit-b to file the applications. Upon submittal of the mming
applicatkma. a public hearing will be scheduled to provide the public an oppwrtunity to
comment at this item.
1 will keep you informed on the progress of this Lem as it develops.
PE 1M5- m
xc: las N. La Mlle. Deputy City Administrator
�sE �� Y
Mike Adams. Planning Director
R% C E V E D
0errwtM9kT or
00"*M' y JtWULWMENT
PLAO""W1 DIVISiKi%Y
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APPM TO 1"rAM MG t70f/t MICN 14"WWAL OF
Z010ITIOW _U64 p#IIIIIT MU W--39 i
COWITtONhL "tCN (YARIAMCR) 90 09-30
Nt1TiCF. IS HERE DY GIVEN that the Huntington Bosch City Council wi l 1
hold a public hearing in the Council Chamber at the MuntiNqtan 5060
Civic Center , 2000 Main btriet , Huntington beach, California, on the
date and at the tuna indicated below to receive &ad eoaaides the
statements of all persons who wish to be heard relative to tbe,
application described below.
DMM: Monday , November 7 , 1988
TIM : 7 : 00 p .m .
OU949CT: Conditional Use Permit No . 88-39/Conditional
Exception (Variance) No . 88-30
APPLICANT: Lisa Prodan/R . M. Mi 1 ler
A1?IPIEL[.W:_ Counei lwoman Grace Winchel l b Councilman Peter Green
808 Pecan
Rom: To appeal Planning Commission approval of a request
to expand a non-conforming single family, residence
with variance to front yard setback requirements of
8 feet-4 inches in lieu of 12 feet required • and
increase of over 10 percent floor area .
WLROMMMAL. STATO: Categorically exempt pursuant to Section
15301 , Class 1 of the California
Environmental Quality Act .
Olt- ULE: A copy of the roposed request is on file in that �
Department of Grnmunity Development , 2000 Main
St rept , Huntington Beach , California 92648, for
inspection by the public .
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above . All applications , exhibits , and deteriptioa• of
this proposal are on file with the Office of the City Clint. 2000
Main Street . Huntington Beach, California , for inspection by the
puhl i - .
HUNT I NGTON BEACH CITY COUMC I L
By: Connie Brockway
City Clerk
Phone (724) 536-5227
Dated 10/15/5 )
A
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Mae
OMOKMA
h� C,H tiuMdUt r lodges I. rup
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FIRS' CLASS MAIL
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ftblish WSW"
APB rQ. w COWASI N W
COITION" M MWIT ■C -39 i
CONPITZQM114. =CMI'TTCO CTARIAMM) go U-30
WTICE 16 HFRZBY GIVEN that the Huntington Beach City CovtaCii will
hold a public hearing in the Council Chaeber at the Mtati �
Civic Center, 2000 Main street , Huntington Mach, Califor ►!at � ��
f date and at the time indicated below to receive and co"Wer the
statements of all persons who wish to be heard relative to the
application described below ,
Monday, November 7 , 198e
T1m: 7: 00 p .m .
• -���. Conditional Use Permit 110. 80 3g/Connditional
Exception (Variance) No . 88-30
APPLICANT: Lisa Ptodan/R . M. Miller
A I?F"idwr;- Councilwoman Grace winchell i Councilman Peter Green
DTI: ROB Pecan
: To appeal Planning Coaraission approval of a request
to expand a non-conforming single family residence
with variance to front yard setback requirements of
8 feet-4 inches in lieu of 12 feet required, and
increase of over 10 percent floor area .
MILKW MAi• _STATM: Categorically exempt pursuant to Section
15301 , Class 1 of the California
Environmental Quality Act .
W y,1I,a: A copy of the proposed request is on file in the
Department of Community Development , 2000 !lain
Street , Huntington Beach, California 926+8, for
inspection by the public.
ALL INTERESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above . All applications, exhibits# and devefi,wtioas of
this proposal are nn file with the Office of, the City Gecko 2000
Main Street , Huntington Dosch, California, for inspection by the
p11 C .
HURT i NGTON BEACH CITY CO M 11, '
By: Connie Brockway
City Clerk
Phone (714) 536 .5227
Deted 14/ 16/41
0
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P.O. 100 1
MtM� woei�, CA OP
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FIRST CLASS MEAL Sao*
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7k WIN It C� T* scow" POUC SARI=
, 1�1: ...I�..R�+.��✓ b ivy i� �
l%rat OMMX A PA61C UMM W1NC TNs ATTACM 1AGAL M fICZ PON TO
MY or N0✓
attaalti/
A,1''a will follow
No "Is
Initiated by:
PlaaniaN Commission
PlamLnN Department
P�titio+rt
A f►paa 1 .,�
O!hrc
Adoption of tnvironwental Status (x) CA
YES No
Naie>< to A. Planning Department zzt*aiion � • � �"!
for Olitiamel taforartion.
if aft l, plasma t rantai t exact wr+rd i ng t o be requ i red in the j olta 1 .
Publish
WTICs IS XMNY QIVRN that the Huntington Beach City Council will
avid a public hearing in the Council Chamber at the Huntington Brach
Cieia COAter, 2000 Main Streit , Huntington Beach, California, on the
date and at the time indicated below to receive and consider the
atatesients of all persons who wish to be heard relative to the
application described below.
MM: Monday, November 7, 1988
=jam: 7: 00 p. m.
: Conditional Use Permit No. 66-39/Conditional
Exception (Variance) No. 88-30
Lisa Prodan/R . M. Miller
LOCNrION: 808 Pecan
To appeal Planning Commission approval of a request
to expand a non-conforming single family residence
with variance to front yard setback require nts of
8 feet-4 inches in lieu of 12 feet required , and
increase of over 10 percent floor area.
STATUS: Categorically exempt pursuant to Section
15301 , Class 1 of the California
Environmental Quality Act .
TILE: A copy of the proposed request is on file lv& the
Department of Community Development , 2000 Main
Street, Huntington Beach, California 92648 , for
inspection by the public .
ALL INIMRESTED PERSONS are invited to attend said hearing and
express opinions or submit evidence for or against the application
as outlined above. All applications , exhibits , and descriptions of
this proposal are on file with the Office of the City Clerk, 2000
Main Street, Huntington Beach, California , for inspection by the
public.
Worr I NCTON BEACH CITY COUNC I L
By: Connie Brockway
City Clerk
Phone (714) 536-5227
Dated
(ll�Od-p�
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W)TICE TO: THE PLANNING DEPARTMENT
FROM: THE OFFICE Of THE CITY CLERK
ILf. 0 c V 10 at - 31/ Coe J? ?- o
THE AP LISTS FROM THE PLANNING DEPARTMENT fOR
NOTIFICATION MAILINGS BY THE CITY CLERK MAST K
THE WEST � IN ACCOiiM ICE WITH DIVISION
MM ME. L I4 d LPL, t 0011 M PA&V
!�Y o slAwgi lt "A s t +► e0o
***PI EASE RENEMBEK THAT THE LIST MAY HAVE CHIMED
SINCE THE MAILING FOR THE PLANNING C":$SION
MIETING WAS SENT.
DATE
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AwMr+aM M�11rM11 AnrerM�rM�M M MMr0� ilYMti
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a•t•e�r. rr� r r �. tt�i
STATE OF CALIFORNIA
Cow ty of Orange wart "+w �..a. y tr•+"
" NM �� y 0 ra r **a
am a f+ltiaft of the tainted Stites sad a reaodent of
the CAUnly atoremd, I irn over the age of opleen
years, and not a parry to ar ihtereeted in the Dalew
entity rt finer I am a prirrcopal dirk of the Orange
Coast DAILY PILOT, with which is combined ltre
NEWS-PRESS. a rrwspaprr of gwmal circutation,
printed and published in the City of Costa Meg,
County of Orange. State of Cagfornia, and that a
Notice of public Hearing
of which copy attached hereto is a true and complete
copy, was printed and published in the Casts Mae,
Newport Basch, Huntington Swh, Foutita n VW*.
Irvine, the South Coast communities and Laguna
Beach issues of said riewspapw for one t 1 )
con"Cutrve Week$ to wit the Issums) Of
October 20 9
19e door
. 19fb
1911
declare, under penalty of perjury, that the
fOregoing is true an%1 CDrreet.
Executed on October 2c . 19l1
at Cosu Mena, California.
L C�A
Signature
PROW OF PUKXATM
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November 1, 1968
ftntington Beach City Council
2000 Nain Street
Mmtington Beach, California 92648
RUSUNCE: SMALL HOUSE LOCATED AT 808 PECAN STREET Hi7n'1'I1lD'!'ON 118ACd,
CALIFORNIA 92648 .
Dear City Council Members:
I an writing you this letter as a concerned registortd voter, and
homeowner with two houses living in Huntington Beach,
On October 30, 1988 I had the opportunity to view the sm1l house
in question and review the existing documents relating to the unau-
thorized alterations made to tM property without necessary permits .
It is my opinion that you should :
DISMPROVE THE REQUEST TO ALLOW THE VARIANCE NUMBtR 811-39, nm T4li
MOUSE LOCATED AT 808 PECAN STREETr RUNTINGTON BRACH_f CALIF I IA- 92648.
a reasons for disapproving the vairlancet
Below re the pp g
1. U.B.C. 0 9356 . 4 States that a minimum, of 2. 5 ' for city easements
into alley, and incroctuaents into front yard has not been observed .
2. U .B.C. 1 9716 It was noted that a 75 ' addition of a non conforming
building structure was built .
3 . F I ARE HAZ ZARD 1 1 1
it was MM2 that electrical work ( Nno ex Type") wireing- was
exposed above ground leval and that various other wirding• was hanging
and loose without proper connections on other .parts of the structure.
This electrical problem is of KNJ'OR CONCERN for if it causes a fir---
and there is liability, property, persona injury and damage the
City of Huntington Beach would be fully liable and responsible for
its major negligence.
Sincerely,
Jeffrey Loa
506 8th Street
Huntington beach, California
92648
..y
ins
October SO. 190 WMIITr�iTMl rr[CM.CAW.
&T ! 101 rN
HUNT I NGTON dW CITY COUNC I l
2000 tit in Street
Huntington beach. California 92648
SUBJECT: Alterations to Cottage Dwelling Without Permi t(s) .
this letter has reference to property located at 808 Pecan, Humtingtcm
Beath, California.
The undersigned has had the opportunity of seeing and reviewing exist-
ing documents relating to the unauthorized alterations made to subject
property without necessary permits . To further complicate ntterst, the
owner continued with unauthorized alterations after having been denied
a request for Conditional Exceptance (Variance) No. 88-30.
On October 14, 1980, a "stop work order" was issued to the owner for
work described as "Addition to the front of the dwelling plus complete
remodeling without required permiits", which was in violation of Section
301(a) of the Uniform Building Code.
In addition to the above it was determined that there are violations of
Section 9356.4 (encroachment into front yard setback) , and Secticm 9716
(75 square feet addition to a iron conforming building) of the Hwatingtun
Beach Ordinance Codes.
The undersigned has personally viewed part of the outside premises of
subject property, on this date, and it is Quite obvious that:
a. Owner has completed extensive alterations encroaching on city
property on both frontage and alleyway. Has also without permission
attachment to neighboring property located at 501 8th Street. Huntington
Beach, CA, creating a greater fire hazzard and complicating his insurance
coverage.
b. Has "romiex" electrical Mork (even exposed to the naked eye) in the
yard area thereby creating an additional fire hazzard.
c. It is quite evident that a thorough inspection of subject property
would reveal many other violations of City Ordinances.
It is my opinion that if anyone suffers injury (personal or property
danage) , that the city could be held liable for having beta involved and
not taken appropriate action regarding these violations. As a property
owner and registered voter in this community. I am personally concerned
about the lack of appropriate action being taken in this tase+-it is
long overdue.
Si rely yours.
of
ec Robert M. 8ht d
707 Main Street
Huntington Beach. CA 92648- AQJ
Telephone: 969-7704
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oct. �►� i4e� 1126
NuatidRtoa 58"h City Council
2M Mein St.
Nuntiagtc a leach, CA 92648
Re: Property located mt 80D Pecan, N.B. , CA
Door Council Members,
We are swore that the property at the above mentioned address has
had veiny alterations, without proper permits. In fact, a "stop Mork order" was
issued in 1980. and ignored, both by the owner of the property, and the proper
city enforcement personnel .
The reason this situation now seems so appalling to us, is that for the prat
year, we have been intimately involved with Your planning and building dopmr - to
regarding building on our property. We have made many changes at the nMueot of
these departments, and paid many fees to be in compliance with all city (odes.
Now can it be that we are regulated to the letter, at a substantial cost, ,--bd
others such as the owner of 808 Pecan , are in blatant disreagrd of many city
codes and regulations.
We are certainly not complaining about the money and time we have spent to
meet regulatory codes in this city. We are asking, however, that there codes
and regulations be enforced uniformly throughout Huntington Beach.
You are setting a double standard by allowing 808 Pecan to to unregulated,
` and in doing so, you are encouraging others to follov suit.
Thank you for this opportunity to express our opinion.
i
Yeirl truly Zour )
Jack E. Briggs
Irene C. Driggs
602 8th St.
Huntington Duch,
CA 92648
Amik*i m km* oity COW001
2000 )bU st. NM
Mr�tital� tho Calterale trey or
9264e owl PIAG'I, CALN,
Re: CwAltiewal Use Perait no. N - 39 / Coodit fti 1/ 10 o6 AM 11
imemAlem (varWace) no. 00 - 30
1008t WO - ON PiCi11
Dear Cowrel mo mberr r•
I reel y u sbarld dlsar4re" the request to allow the
variance for ON Pecan.
The amll shack infring" on the alley and sidowalk.
The W r I npueot an the alley came@ a tight bottle-
neck for entering the allay. All nw prepwtiss are
required to dire-up 2.5 Bret for city easessrnte and
this building does not. This building is at the err
trance to the alley and defeats the entire purpose
of widening the alley.
The shack also do-3a not Frrorvide additia"I parking
and it in not plewant to loot at and doer avt most
building codes . The proxisity of the shack to the
sidewRlk infrinpes on the public's right-of- ay U
open spice.
i
This rsriance repuest tat out-of-time and art-ot-sy
with the rest of the e r Alm w►ity. At a tiara why we
are attemptirW to clean-up the city. widen ow alley,
and provide conforming rods,"lop emt thin request Is
u". cceptsble.
AA elected of f2ciald , you have the tudiciary duty to
carry-out the conforming r*dewelopmnt policies.
From Jan Daley, Wet 'nth St.
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NW?1a1ST .% irlCN,t44.W.
Come iI Nowt rs: 61 3 8 28 M '$1
This letter is in referwce to UM property lovet`d
at fe Fee" ays. , Muhtiogton beach. California,
Z wish sad feel that you should disapprare the request
to allow the vartanoe for fS Pecan.
As a property owner and concerned parent 1 as rn•itlag
this letter. I've noticed live electrical wirIng
coming out of the ProwW. This problem f a of big con-
cern to as as I have a daughter who plays+ outdoors
in the area of thsa subject property.
Also I built my hoses on Ath at. in Mmtingtov Beach
and spent countless hours down at the planning coom—
is ion tryirg to get permits for ape hoses. Don't the
sasses rules and guide) irwo Outt I built my how on stout
for everybody?
In ay opinion there also amov to be wells that are
not in accordance with property limes. This makes
It very difficult to go doers the alley in a earl
I hope something, is done isrsediate!y to correct these
problem, before it is to late!
Carr Schnolde
we ftt a t.
Huntiraton Boalch p Calif.
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City of Hemir*om Bosch
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Menard Raymond
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FIRST CLASS MAIL 1 � r
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... Publio* 10/20/es
ApPf.A1. .7!D.� i1Ki. C ' Ix-0# Jii�►iLt+ OF
CQ01719PAJ6 JXX. IPXMLT IUD If At i
CO PITIONAts. =CX1 j(W -1VAPTA11 B) 00 I!. 3p
wrICE IS HEREBY GIVEN that the Huntington Beach City Council will
hold a public hearing in the Council Chamber at the Huntington reach
Civic Center , 2000 Main Street, Huntington Beach, Cnlifocnia, on the
date and at the time indicated below to receive and consid*r the
statements of all persons who Kish to be heard relative to the
Application described below.
DATE: Monday, November 7 , 1968
TIME: 7 : 00 p . m.
StMIXT: Conditional Use Permit No . 88-39/Conditional
Exception ( Variance) No . 88-30
A1'1'1,ICANT: I,isa I'rt)(lan/R . M . Mti i let
A11,P.6,IsLd 1': Counri lwoman Gz at-e wi nche l 1 6 Councilman peter Green
W-CATION: 808 Pecan
PROPOSAL: To appeal Planning Commission approval of a request
to expand a non-conforming single family residence
with variance to front yard setback requirements of
8 feet -4 inr..hes in lieu cif 12 feet required , and
increame of over 10 percent floor area .
MINAWM AJ, BUTVS: Categorically exempt pursuant to Section �
15301 , Class 1 of the California
Environmental Quality, Act .
OM l ILK : A copy of the proposed request is on file in the
Departmont cf Community Development , 2000 Main
,t ',' l-f-t , bunt ington Beach . California 92646 , for
t fis rr(•t i On by t hr... pu1) 1 i c .
A1,1, INTERESTFI) PERSONS ate invited to attend said hearing and
expross opininns of submit evidenco for or againat the application
as cut linod above- . All teppli:.ations , exhibits , and descriptions of
this proposal arrr on f t ir_ with tho Office of the City Clerk, 2000
Main St tent , thint in(it on Reach, Ca l i fornie , for inspection by the
HUNT I NGTON BEACH C i T'Y COUNCIL
By : Connie Brockway
City Clerk
Rezone (714 ) 536 - 5227
is led 10/ 18/H 4
L
CrrY OF HLXYTVYKWrCXY
2000 MAIN STREET CALIFORNIA O"
OFFKX Cw Tw CITY CURK
November 21 , 1988
Laurie Acton
963 S. Center
Reno, Nevada 89501
the Cit.r Council of thr, City of Huntington Hriwh at. i to rt?qular merit inq
held Nevember 7, 1988 , Look action. to deny the appeal filed by Council-
members Green rind Winches I . !iustsined the P1Anninq I'm mission Orcialon
and approved Condition"! Unr_ Permit H11- V) wid Conditional ( %rept ion
RR-30 with f indinq,i Tind r.ondi t ions .
If you have any que!i t inim rrcjsird inq t hl ►Mat t ef' p l i-mir r.I I I t'11« CI7Al _;?11 tY
Development Dernirt ! int at
I
Conn i t. B rockwriy
fit ) Clerk
C13 Me
1?4ftPkw. ?$$*swam)
CITY HLAMINGTON
pfl
2OW MAIN STREET CALIFORNIA 11"
OFFIC7 OF TH9 OTY CLINK
i
November 11 , 1988
Lion f rgdnn/R. M. Miller
16111 Hearh Bou 1 ev.,i d
blunt ington Befich, ('A 92647
The City Council ► f thr. C 1t � of Fhant inctton Hench W 1t.n rmy�►li+c moot scut
held Noverr+t)r•r 7, 1'MR , toot , urt inn to drn) the appeal 'r 1 lt!d t)). ('ounr i l -
member:; Grven ►e d 'Winc:lrl1 , nivan , wd the F'lnfvoinrt Commitinjon dr.esgso►i
and ;eppioved Ce►ndlt tcrusl t)no- I'll sms tend +.'e1tutit14mal I •ceptse,re �
Flfi- 30 wi th f indinel.; hncl corals t itimi.
If YOU h:svf• nny etur 9 t 1 anti r 1-1pir d 1 nei this melt t r r p 1 ewiv call t ho i'erowi t t y
bvvelopmwit Uepnrt;nrrit tit
c r►rir,1 r� Ei r cu k w c� ' V _
City CII.rk
CH.me
t7►M�rr. 1'Mf1