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HomeMy WebLinkAboutBZA_Minutes_1982_05_03MINUTES OF THE BOARD OF ZONING ADJUS'IMENTS OF TIIE CITY OF HERMOSA BFACH HELD IN THE COUNCIL CHAMBERS OF CI1Y HALL 00 MAY 3, 1982, AT 7: 30 P .M. Meeting called to order at 7: 30 p. m. by Chn:n. Moore Pledge of Allegiance led by Crum. Moore ROIL CAU.. PRESENT: Conms. Cutler, DeBellis, Ebey, Merrill, Toth, Williams, Chrrn. Moore ABSENT: None ALSO PRESENT: Laurie Duke , Staff Liaison Janice Silver (for purposes of cross-training) APPROVAL OF MINUI'ES Motion by Corrm. Ebey, seconded by Comn. Toth, to approve the April 19, 1982 minutes as submitted. No objection. So ordered. APPROVAL OF RESOLUTIONS Motion by Coran. DeBellis, seconded by Conm. Ebey, to approve Resolution B. Z .A. 154-449. No objection. So ordered. Motion by Corrm. Merrill, seconded by Cornn. DeBellis, to approve Resolution B.Z.A. 154-450~ No objection. So ordered. Motion by Colllil.. DeBellis , seconded by C01ID1. Cutler, to approve Resolution B.Z.A. 154-451. No objection. So ordered. CONSENT CALENDAR PEIR HB 82-012 -Senior citizen single family housing in R-1 zone Coran. Toth pulled this item from the Consent Calendar. PEIR HB 82-013 -Rezoning of railroad right-of-way to open space Comn. Cutler pulled this item from the Consent Calendar. PUBLIC HEARINGS CrnDITIONAL USE PERMIT AMENIMENT -425 Hollowell Avenue Applicant: Intematicnal Bilingual School Mrs . Duke gave staff report. She stated that the Board will be reviewing this conditional use pennit as well as an airen<lnElt to . .. BOARD OF ZONING ADJUS'IMENTS MINUTES -May 3 , 19 82 Page 2 CONDITIONAL USE PERMIT AMENil1ENT -425 Hollo;,.;rell Avenue (Cont.) the conditional use permit. She stated that the International Bilingual School has located a terrporary classroom trailer on the middle playground at Prospect Heigh.ts School. It is the opinion of the City Attorney that this addition represents a sizable expansion of their use and should be addressed in their con.di tional use permit. 'lhe trailer is 12' x 60' and is presently located in a north/south direction parallel to HollOW'ell Avenue. Sorre of the residents on the east side of HollOW'elll Avenue are unhappy with this location. In an effort to mitigate their concerns, the school has submitted several alternatives for the trailer location; those being, one, to turn the trailer in an east/west direction five feet from the retaining wall and three feet from the fence; two, to tam the trailer in an east/west direction ten feet from the retaining wall and three feet from the fence, and; three, to tum the trailer in an east/ west direction ten feet from the retaining wall and ten feet from the fence. Staff suggested that, in addition to a relocation of the terrporary building, the applicant be required to: 1) repaint the exterior of the trailer beige or white to blend in with the existing stTI.1Ctures on the property; 2) landscape the ea.s.t side and part of the south side of the trailer with cypress trees at least six feet high from grade in planter boxes a minimum of 24' x 24' in size. She stated that the Board could ask for an arrendrrent to the lease by the School District which would limit the mm:ber of terrporary trailers that could be put m the property. She noted that the Board should also review 'What effect the parking arrangenent chosen by the Board last Noverrber has had on the surrounding neighborhood. Comn. Cutler asked if staff had a preference of any of the alternatives. Mrs. Duke replied in the negative; however, she stated that staff's concern was that the building was. located far enough away from the retaining wall so that children would not be tell1)ted to jump onto the roof of the trailer. Staff also recorrnended placing the trailer on level ground. Public Hearing opened at 7 :48 P .M. Mr. Takuo Watanabe, 211 :Miramar Avenue, Long Beach, representing the applicant, stated that when they first opened their school in July of 1981, they had children from kindergarten through eighth grade. He stated that the school now plans to enroll children in the ninth grade. He stated that, prior to obtaining the trailer, they contacted the City Manager and the School District in an effort to get sorrE more space for the ninth-grade children. They were inforrred that no space was available. After leasing the trailer, they tried to put it in the upper playground; however, the trailer would not fit through the gate. The only area to place the trailer was in the middle playground. He added that the school has no intention of adding IIDre trailers. Cl-nm. Moore asked if the trailer were for tenporary or permanent use. BOARD OF ZONING ADJUSTMENTS MINUTES -May 3. 1982 CONDITIONAL USE PERMI:T AMENil1ENT -425 Hollowell Avenue (Cont.) Mr. Watanabe replied that their contract for leasing the trailer ends in June; however, they are planning to extend that lease. Corrm. Ebey asked which alternatives were acceptable to the applicant. Mr. Watanabe replied that Alternative D is rrost preferable. Comn. Ebey asked Mr. Watanabe if he would be agreeable to painting the trailer and landscaping the grounds. Page 3 Mr. Watanabe replied that he would need to get penni.ss ion to paint the trailer, but he would be agreeable to landscaping. He added that the school has no intention of purchasing the trailer. Comn. Cutler asked for the colors of the trailer. Mr. Watanabe replied that the trailer is light blue and 'White. Mrs. Duke stated that the trailer is turquoise with a white trim. Cl:nm. Moore asked if there had been any problems with parking. Mr . Watanabe replied in the negative. Cornn. Ebey asked for the nmber of students enrolled in the school. Mr. Watanabe replied that there are 81 children. Marilyn Harris-Corey, Superintendent of Schools, Henmsa Beach School District, spoke in favor of granting the aIIEndrrent. She stated that the leasees have been very honorable, and they have rret all of the expectations of the lease. She noted that only one parent has submitted a corrplaint. She explained to the Board that the Board of Trustees is the O'itll'ler of Prospect Heights • School, and the leasees cannot, be expected to grant a deed. She believed that the leasees had no alternative purposes for their actirns. She noted that the leasees have agreed to sign, in writing, that there will be no other trailers added to the site. No one else appeared to speak in favor of the conditional use permit. Lynn DeFreese, 408 Hollowell Avenue, Hermosa Beach, submitted photographs to the Board. He stated that the trailer sits 50 feet from his front window, 'Which covers his entire view. He noted that that area is designated open area, and he and his neighbors fought hard to keep it an open area. He stated that the school is a good neighbor, and his only concern was the placerrent of the trailer. He suggested finding another place for storage, and allowing the school to use that space. In that : BOARD OF ZONING ADJUS'Il1ENTS MINUTES -May 3, 1982 crnDITIONAL USE PERMIT 'AMENIMENT -425 Hollowell Avenue (C,ant.) event, the trailer would not be needed. His preference was to locate the trailer either as far west or as far east as it would go and flat up aga:inst the fence. Mrs. Corey stated that the total school site is not leased to the leasee. She noted that the kindergarten room has been neintained by the School District for a maintenance facility and storage. She inforrIEd the Board that there is no ad.di tional space to be leased to the leasee. Cornn. Cutler asked, if procedures had been followed, if the applicant would have had to obtain a rrore formal approval before putting the trailer on the property. :Mrs. Corey replied that there ImJSt be written approval before any nodificatians to the lease are implenented. Cornn. Cutler asked if there would have been a hearing before the Board of 2.oning Adjust:nents for approval of the trailer if the applicant had follOW"ed the procedures. Mrs. Duke replied in the affinnative. She stated that :Mr. Watanabe had addressed the City earlier about the trailer. Ruth Barron, 1154 Sixth Street, Henmsa Beach, spoke against the plac~nt of the trailer on the school site. She stated that she was happy with having the school as a neighbor, but she felt that the playgrom.d should be kept as a playground. She prefered that the trailer be five feet from the retaining wall and three feet from the fence. Page 4 Francis DeFreese, 408 Holla;,rell, Henrosa Beach, spoke in opposition to the anendrrEnt. She noted that she was not the only neighbor who opposed the trailer on the site. She info:rrred the Board that she was going to circulate a petition, but she was told to wait until it was heard by the Board. She stated that her children use the playground evecy week.end for riding their bicycles . • Lilly (Mens, 420 Hollowell Avenue, Henrosa Beach, stated that the trailer will block her view if it is tmned perpendicular to the street. She bought the house with an ocean view, and she wished to keep it that way. Mrs. Corey stated that it was illegal for anyone to ride bicycles on school yards m the State of california. Public Hearing closed at 8:17 p.m. :Mrs. Duke stated that Mr. Hara, director of the school, did contact the BOARD OF ZONING ADJUS'Il1ENTS MINUI'ES -May 3, 1982 CONDITIONAL USE PERMIT AMENil'1ENT -425 Hollowell Avenue (Cont.) Building Departnent some weeks prior to placing the trailer on the site. Therefore, the school did attempt to get an answer from the City. Page 5 Corrm. Ebey asked for the maximum use of the school when it was built. Mrs. Duke replied that there were approximately 135 ahildren when it was a public school. Cornn. Ebey asked for the nurrber of children that are located· in the trailer. Mr. Watanabe replied that there are 22. Corrm. Toth reconmended that the trailer be covered with vines if it is at the school site for nore than six rronths. Cornn. Ebey stated that she would prefer that the building be used as a school building rather than for storage. Corrm. Toth recomrended making a condition that the trailer be painted. Cornn. William; stated that the Board had already required, as a condition to the conditional use pennit, that the area in question remain a playground. She noted that she could not vote for the arrendnEnt. Conm. Cutler reconnEilded following the words of the City Attorney. Moticm by Cornn. Williams to approve the conditional use permit and extend it until the next review date. Coran. Toth suggested that, if the applicant cannot repaint the trailer, that the trailer be replaced. He asked that the nurrber of trees " recOD1IETI.ded for landscaping be used as a condition. Motion by Cornn. Toth, seconded by Conm. DeBellis , to allow a continuance of Conditional Use Permit B.Z.A. 154-423 with the arrenchrent of the use of the trailer and that it b~ in line with Alternative D and situated as close to the retaining wall as physically possible with all of the safety requirerrents. If the applicant is not able to paint the trailer, the applicant must replace the trailer. There m.1St be a minimum of four trees, bushy and large enough to substantially obscure the penni..ter of the building. The review date will be held in six m:nths. Cornn. Cutler asked if the placellEilt of this trailer would only be approved up to the end of the current lease. He noted that the longer the trailer is on the property, the rrore it is a fait acC011pli. 00.AIUJ OF WNING ADJUSI'MENTS -May 3, 1982 CDNDITIONAL USE PERMIT AMENDMENT -425 Hollowell Avenue (Cont.) AYES: NOES: ABSENT: ComrE, DeBellis, Merrill, Toth, Chmn. Moore Comns. cutler, Ebey, Williams None Page 6 Chnn. Moore stated that the Boa.rd Is decision my be appealed in writing within 10 days to the City Council. Motion by CQnn. cutler, seconded by Corrm. Ebey, to have a highly-advertised public hearing at the next review date. Chnn. Moore stated that the property owners within 300 feet will be notified by nail. Mrs. Duke noted that the applicant is responsible for getting out the notifications. AYES: NOES: ABSENT: REVIEWS CoilllE. cutler, Ebey, Toth, Williams ComrE, DeBellis, Merrill, Chmn. Moore None Preliminary Environrrental I.rrpact Report HB 82-012 -Senior CitiZ'.en single family housing in R-1 zone. Mrs. Duke stated that the City has been receiving inquiries from persons with unapproved dwelling units claiming that they will rent these units only to persons over 60 years old. She noted the new State law that allows cities to pass an ordinance allowing this type of second unit use in the R-1 zone. She stated that the City nust determine if Hernosa Beach wants to pass an ordinance to allow this use or not. Motion by Chun. 1bore, seconded by Coran. DeBellis, that PEIR HB 82-012 is adequate; that significant potential envirorurental :llllpacts have been identified with regard to growth, traffic, density, parking, and enforcerrent, and that a full environmental impact report be requested. AYES: CoonE. Cutler, DeBellis, Ebey, Merrill, Toth, Williams, Chmn. MJore NOES: None ABSENT: None Preliminary Environmental Impact Report HB 82--013 -Rezoning of railraod right-of-way to open space. Cornn. DeBellis questioned the location of the PEIR. BOARD OF ZONING ADJUS'IMENTS MINUI'ES -May 3, 1982 PEIR HB 82-013 (Cont.) Mrs. Duke replied that the entire right-of-way up to Fifth Street was zoned open space. Page 7 Motion by Conm. Williams, seconded by Corrm. Toth, that the Board of Zoning Adjustm?.n.ts found no negative envirorn1EI1tal impacts to rezoning this property open space; therefore, the Board declares it adequate, nonsigpificant, and that a negative declaration be filed. This m:Jtion includes the arrendrrent under Section V, Para. 1, to read," ... (property which is unzoned is the sarre as R-1 according to the Zoning Code.)" AYES: Conms. Cutler, DeBellis, Ebey, Merrill, Toth, Williams, Chrrn . Moore NOES: None ABSENT: None MISCELIANEOUS Extension of Conditional Use Permit for 1060 Aviation Boulevard c.orrm. WilliaIIE noted that she did not cast a 'no" vote on the third page. She suggested adding after her narre, ". . . excluding Item 13." Mrs. Duke replied that it would be added. }'lrs. Duke stated that the applicants are trying to sell the business, and, at that ti.Ire, it will autornaticall y cone before the Board for review. Motion by c.orrm. DeBellis, seconded by c.orrm. Merrill, to grant the nine-month extension for 1060 Aviation Boulevard. AYES: NOES: ABSTAIN: ABSENT: C,orrms. DeBellis , Ebey, Merrill, Toth, Williams, Chnn. Moore None Corrm. Cutler None Mrs. Duke stated that the O'i,ffi.er of La Playita was buying the neighboring business to expand his property toward the Strand. She ·asked the Board if a review would be sufficient or if they wanted a full public hearing to enlarge his property. Comn. DeBellis asked Mrs. Duke if she felt the City Attomey would consider this a significant expansion. Motion by Conm. Merrill, seconded by Cornn. Toth, to hold a review. fus. Duke stated that the applicant must pay $365 in addition to notification. That is the fee for an application for arrendrrents or notification. The owner of the property stated that he is adding onto his building. He noted that there is only one resident in close proximity. BOARD OF ZONING ADJUS1MENTS MINUTES -May 3, 1982 Page 8 MI:sCELLANEOUS (Cont.) Mrs. Duke stated that the Board could ask that there be mailed notices for a public hearing but not charge the applicant with the $365 application fee. AYES: NOES: ABSTAIN: ABSENT: Corrrns . Merri 11, Toth, Chrm. Moore Cooms. Cutler, DeBellis, Ebey c.orrm. Williams None Motion by Cornn. Cutler, seconded by Coom. DeBellis, to hold a review with the addition of a direct mailing to property owners within 300 feet and without the $365 application fee. AYES: NOES: ABSTAIN: ABSENT: Comrs. Cutler, DeBellis, Ebey, Merrill, Williams Crum. Moore Comn. Williams None Motion to adjourn at 9: 35 P .M. CERTIFICATION I hereby certify that the foregoing minutes were approved at a regular rreeting of the Board of Zoning Adjustrrents of the City of Henrosa ~am. Cal~antla. 1J ~ ~ NEAL~L DA1E