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HomeMy WebLinkAboutAdministrative Permit CDP2006012 - Notice of action Letter w Findings & Conditions of ApprovalOFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH • CALIFORNIA (714) 536-5271 P.O. BOX 190 CALIFORNIA 92648 NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO. 2006-012/ ADMINISTRATIVE PERMIT 2007-013 APPEALABLE DEVELOPMENT TO: South Coast Area Office California Coastal Commission Attn: Theresa Henry 200 Oceangate, 10th Floor Long Beach, CA 90802-4302 CERTIFIED MAIL APPLICANT : Brian Scott, 11925 1951h, Cerritos, CA 90703 PROPERTY OWNER: Dean Chi, 3301 Devon Circle, Huntington Beach, CA 92649 REQUEST: To permit an approximately 1,400 square foot addition to an existing single-family residence to match an existing non- conforming front yard setback of 6 ft.-11 in. at the nearest point in lieu of the minimum required front yard setback of 15 ft. LOCATION: 3301 Devon Circle, 92649 (north side of Devon Circle, east of Channel Lane - Admiralty Island) PROJECT PLANNER: Jennifer Villasenor COASTAL STATUS : APPEALABLE DATE OF APPEAL EXPIRATION: August 15, 2007 The above application was acted upon by the Zoning Administrator of the City of Huntington Beach on, Au ust 1 2007 and the request was conditionall a roved. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning 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. As of Au ust 15 2007, there have been no appeals filed on the above entitlement. If you have any questions, please contact the project planner at (714) 374-1661, email: .villasenor surfeit -hb.or or the Planning Department Zoning Counter at 536-5271. Jeanie Cutler, Secretary Huntington Beach Zoning Administrator T-N I L> I«.a Attachment: Notice of Local Action for Coastal Development Permit No. 2006-012/Administrative Permit No. 2007-013 0 Complete items 1` and 3. Also complete item 4 if Restricted Delivery is desired. Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the front if space permits. Article Addressed to: 0 Agent Addressee to e) C. Dat f D' ry Is delivery address different from Item 1? as If YES, enter delivery address below: No So Coast Area Office CA Coastal Comm Attention: Theresa Henry 200 Oceangate, 10th Floor 3. Service Type Long Beach, CA 90802-4302 Certified Mail Express Mail Registered Return Receipt for Merchandise Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Article Number - -Y _ -`- l (Transterfrom service abe;7005 ° 1820: 0000 6965 7693' 1 PS Form 3811, February 2004 Domestic Return Receipt 102595-02'M-1540 i OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH • CALIFORNIA (714) 536-5271 August 2, 2007 Brian Scott 11925195 thStreet, Cerritos, CA 90703 -------------------------------------- P.O. BOX 190 CALIFORNIA 92648 NOTICE OF ACTION SUBJECT: COASTAL DEVELOPMENT PERMIT NO. 2006-012/ ADMINISTRATIVE PERMIT 2007-013 (CHI RESIDENCE) APPLICANT: Brian Scott REQUEST:To permit an approximately 1,400 square foot addition to an existing single-family residence to match an existing non- conforming front yard setback of 6 ft.-11 in. at the nearest point in lieu of the minimum required front yard setback of 15 ft. PROPERTY OWNER: Dean Chi, 3301 Devon Circle, Huntington Beach, CA 92649 LOCATION: 3301 Devon Circle, 92649 (north side of Devon Circle, east of Channel Lane - Admiralty Island) PROJECT PLANNER: Jennifer Villasenor DATE OF ACTION: August 1, 2007 On Wednesday, Au ust 1 2007, the Huntington Beach Zoning Administrator took action on your application, and your application was conditionall a roved. Attached to this letter are the findings and conditions of approval. Please be advised that the Zoning Administrator reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application. The conceptual plan should not be construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance requirements. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning 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 Coastal Development Permit No•06 -012/ Administrative Permit No. 209-013 Page 2 himself aggrieved. Said appeal must be accompanied by a filing fee of One Thousand Two Hundred Eighty-Seven Dollars ($1287.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and One Thousand Five Hundred Sixty-Nine Dollars ($1569.00) if the appeal is filed by any other party. The a eal shall be submitted to the De artment of Plannin within ten 10 workin da s of the date of the Zonin Administrator's action. There is no fee for the appeal of a Coastal Development Permit to the California Coastal Commission. In your case, the last day for filing an appeal is AUGUST 15 2007. This project is in the Appealable portion of the coastal zone. Only projects in accordance with Section 30603 of the California Coastal Act may be appealed to the Coastal Commission. Action taken by the Zoning Administrator may not be appealed directly to the Coastal Commission unless Title 14, Section 13573 of the California Administrative Code is applicable. Section 13573(a)(3) states that an appeal may be filed directly with the Coastal Commission if the appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this article. The other three grounds for direct appeal do not apply. If the above condition exists, an aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to: South Coast Area Office California Coastal Commission 200 Oceangate, 10th Floor Long Beach, CA 90802-4302 Attn: Theresa Henry (562) 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. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. Excepting those actions commenced pursuant the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact the project planner at (714) 374-1661, email: 'villasenor surfci - hb.orq, or the Planning Department Zoning Counter at (714) 536-5271. Coastal Developi• Permit No. 2006 -012/ Administrativormit No. 2007-013 Page 3 Sincerely, Qs Mary Beth Broeren Zoning Administrator MBB:JV:jc Attachment c: Honorable Mayor and City Council Chair and Planning Commission Paul Emery, Deputy City Administrator Scott Hess, Acting Director of Planning Herb Fauland, Acting Planning Manager Jacques Pelletier, Division Chief/Fire Marshal Terri Elliott, Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Dean Chi, Property Owner, 3301 Devon Circle, Huntington Beach, CA 92649 Project File • ATTACHMENT NO. 1 0 FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO. 2006-012/ ADMINISTRATIVE PERMIT NO. 2007-013 FINDINGS FOR PROJECTS EXEMPT FROM CE . The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of an addition less than 50% of the existing single-family home. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-012: 1. Coastal Development Permit No. 2006-012 for the construction of a 1,400 square foot addition to an existing two-story single-family residence, as modified by the conditions of approval, conforms to the General Plan, including the Local Coastal Program land use designation of Residential - Low Density. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction will occur on a developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code, including maximum site coverage, maximum building height, minimum on-site parking and minimum yard setbacks, with the exception of the front yard setback. The project proposes to construct the addition to match the existing nonconforming front yard setback. The Huntington Beach Zoning and Subdivision Ordinance permits construction of an addition to an existing nonconforming setback with approval of an administrative permit. As such, the applicant is seeking approval of an administrative permit in conjunction with a coastal development permit. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms to the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDING FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 2007-013: 1. Administrative Permit No. 2007-013 to permit the construction of a 1,400 square foot addition to an existing two-story single-family residence, as modified by the conditions of approval, will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. Although the proposed addition does not meet the minimum required front yard setback, constructing the addition at the existing nonconforming setback will not Coastal Development Permit NoS06 -012/ Administrative Permit No. 2•-013 Page 3 adversely impact adjacent properties. The addition is proposed to encroach into the required front yard leaving a 6'-11" setback from the front property line at the nearest point. The subject property is located on a cul-de-sac with a curved front property line which decreases the utility of the lot and creates a design constraint. Also, the length of the addition along the nonconforming setback is 18 feet, which represents approximately 30% of the total width of the dwelling and 25% of the total width of the lot. Additionally, the side yard setback at the nonconforming portion of the project is at least sixteen feet, which is more than three times the required setback and provides a buffer from the neighboring residence to the east. Therefore, impacts from the portion of the addition that encroaches into the required front yard setback are minimal. As conditioned, the proposed addition will not project beyond the existing nonconforming setback. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-012/ ADMINISTRATIVE PERMIT NO. 2007-013: 1. The site plan, floor plans, and elevations received and dated June 20, 2007 (floor plans and elevations) and July 5, 2007 (site plan) shall be the conceptually approved design with the following modification: the addition of the second floor shall not project beyond the existing nonconforming first floor front yard setback. Elevations and floor plans dated June 20, 2007, shall be revised to illustrate that the proposed second floor balcony will not project beyond the existing first floor or the balcony shall be removed and a non-projecting architectural feature shall be provided to minimize massing. 2. Prior to submittal for building permits, the following shall be completed: zoning entitlement conditions of approval, code requirements identified herein and code requirements identified in separately transmitted memorandum from the Departments of Fire and Public Works shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G.\ZONING ADMINISTRATOR\ZALTRSI 6\CDP 2006-012-AP 2007-013.DOC Attachment 1.3