HomeMy WebLinkAboutAdministrative Permit APX2008003 - Supporting DocumentsMEMO TO FILE - 445 LAKE
Project Planner: Jill Arabe, Planning Aide
February 26, 2008 - Tuesday
Staff has concluded that Administrative Permits are not allowed in the Downtown
Specific Plan. The application was taken in and processed in error as an
Administrative Permit. The application shall be processed as a Special Permit to
the Zoning Administrator.
Based on the legislative draft for Permit Streamlining of the DTSP, the changes,
approved by the City, allow Special Permits to go to the Zoning Administrator.
The legislative draft is still at the Coastal Commission, to this date.
For future reference, deviations from code may be allowed through a variance or
special permit, depending on the request. Typically, special permits may not be
allowed by itself or with existing projects. It has yet to be determined if we will
continue to follow this process, pending further approval of the DTSP amendment
by the Coastal Commission.
w
AGENDA
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 = Lower Level - Civic Center
2000 Main Street.
Huntington Beach California
WEDNESDAY A ril 2 2008 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBERS: Ron Santos, Jill Arabe, Andrew Gonzales, Rami Talleh,
MINUTES:
Pamela Avila (recording secretary)
None
ORAL COMMUNICATION: Anyone wishing to speak on an item not on the agenda may
do so. No action can be taken by the Zoning Administrator on
items not on the agenda.
SCHEDULED ITEMS:
1. PETITION DOCUMENT: COASTAL DEVELOPMENT PERMIT NO. 2008-
APPLICANT:
REQUEST:
LOCATION:
PROJECT PLANNER:
STAFF RECOMMENDS:
2. PETITION DOCUMENT:
APPLICANT-
REQUEST:
LOCATION:
PROJECT PLANNER:
STAFF RECOMMENDS:
004/CONDITIONAL USE PERMIT NO. 2008-007 YEAGER
RESIDENCE)
Richard Okimoto
CDP: To permit demolition of an existing dwelling and
construction of an approximately 4,981 sq. ft., 34 ft. tall
single-family dwelling with an attached two-car garage; CUP:
To permit a single-family dwelling with (a) approximately 500
sq. ft. of third floor habitable area and (b) an overall building
height exceeding 30 ft. The request includes a review and
analysis for compliance with the Infill Lot Ordinance. The Infill
Lot Ordinance encourages adjacent property owners to
review proposed development for compatibility/ privacy
issues, such as window alignments, building pad height, and
floor plan layout.
3282 Falkland Circle, 92649 (terminus of Falkland Circle, east
of Channel Lane)
Ron Santos
Approval based on suggested findings and conditions of
approval.
SPECIAL PERMIT NO. 2008-001 FRANCO RESIDENCE
Craig Woolbert
To permit 51% lot coverage in lieu of the maximum allowed
50% lot coverage in conjunction with a 450 sq. ft. addition to
an existing two-story single-family dwelling.
445 Lake Street, 92648 (west side of Lake Street, south of
Pecan Avenue)
Jill Arabe
Approval based on suggested findings and conditions of
approval.
AGENDA
Continued
3. PETITION DOCUMENT: CONDITIONAL USE PERMIT NO. 2007-044• COASTAL
DEVELOPMENT PERMIT NO. 2007-018 HERMAN RESIDENCE -
CONTINUED FROM MARCH 19 2008
APPLICANT: Greg Howell
REQUEST: CDP: To permit the demolition of an existing dwelling and
construction of an approximately 6,208 sq. ft., 35 ft. tall single-family
dwelling with a 602 sq. ft. attached garage; CUP: To permit a
single-family dwelling with (a) an approximately 1,107 sq. ft. 3d floor
habitable area, (b) an approximately 148 sq. ft. third story deck,
and (c) an overall building height exceeding 30 ft. The request
includes a review and analysis for compliance with the Infill Lot
Ordinance. The Infill Lot Ordinance encourages adjacent property
owners to review proposed development for compatibility/ privacy
issues, such as window alignments, building pad height, and floor
plan layout
LOCATION: 3292 Falkland Circle, 92649 (terminus of Falkland Circle, east of
Channel Lane)
PROJECT PLANNER: Andrew Gonzales
STAFF RECOMMENDS: Approval based on suggested findings and conditions of approval.
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 you or by an interested party. Said appeal must be in writing and must
set forth in detail the action and grounds by which the applicant or interested party
deems 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 appeal shall be submitted to the Secretary of the Planning Commission
within ten (10) calendar days of the date of the Zoning Administrator 's action or ten (10)
workin da s for a coastal develo ment ermit.
r.
HUNTINGTON BEACH
OFFICE OF THE ZONING ADMINISTRATOR
EXECUTIVE SUMMARY-
TO:
FROM:
DATE:
Zoning Administrator
Ron Santos, Associate Planner
April 2, 2008
SUBJECT : COASTAL DEVELOPMENT PERMIT NO. 2008-004/CONDITIONAL USE PERMIT
NO. 2008-007 (YEAGER RESIDENCE)
LOCATION: 3282 Falkland Circle, 92649 (terminus of Falkland Circle, east of Channel Lane)
Applicant: Richard Okimoto, 15 Corporate Plaza, Suite 125, Newport Beach, CA 92660
Property
Owner : Frederick C. Yeager do Time Warner, Inc. 99 Jane Street, #7C, New York NY
10014
Request : CDP: To permit demolition of an existing dwelling and construction of an
approximately 4,981 sq. ft., 34 ft. tall single-family dwelling with an attached two-
car garage; CUP: To permit a single-family dwelling with (a) approximately 500 sq.
ft. of third floor habitable area and (b) an overall building height exceeding 30 ft.
The request includes a review and analysis for compliance with the Infill Lot
Ordinance. The Infill Lot Ordinance encourages adjacent property owners to
review proposed development for compatibility/ privacy issues, such as window
alignments, building pad height, and floor plan layout.
Environmental Status : This request is covered by Categorical Exemption, Section 15302,
Class 2, of the California Environmental Quality Act.
Zone : RL-CZ (Residential Low-Density - Coastal Zone)
General Plan: RL-7 (Residential Low Density - 7 Dwelling Units per Acre Max.)
Existing Use: Single-family residential
RECOMMENDATION: Staff recommends approval of the proposed project based upon the
following findings:
Item No. 1 - 04/02/08 3 08za0402
SUGGESTED 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 15302 of the CEQA Guidelines, because the project consists of the replacement of an
existing structure where the new structure will have substantially the same purpose and capacity as
the structure replaced.
SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2008-004:
1. Coastal Development Permit No. 2008-004 to permit demolition of an existing dwelling and
construction of an approximately 4,981 sq. ft., 34 ft. tall single-family dwelling with an attached
two-car garage conforms with 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 previously
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. The project, as conditioned,
complies with all applicable development regulations including maximum building height and lot
coverage, minimum yard setbacks and on-site parking, and third story design criteria.
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 project will be
constructed in an urbanized area with direct access from an existing public street and with all
necessary services and infrastructure available including water, sewer and electricity.
4. The development conforms with 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. In addition, the project is subject to payment of required park fees, to be used
for acquiring and maintaining public parkland for recreational use.
SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2008-007:
1. Conditional Use Permit No. 2008-007 to permit a single-family dwelling with (a) approximately
500 sq. ft. of third floor habitable area and (b) an overall building height exceeding 30 ft. 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. The proposed habitable
area will be located within the confines of the second-story roof volume as required by the Zoning
& Subdivision Ordinance (HBZSO), thus minimizing mass and bulk of the structure. In addition,
the dwelling features a variety of roof lines and will exceed 30 ft. in height at the roof
peaks/ridgelines only, thereby ensuring that the proposed building height will not be detrimental
to surrounding properties.
2. The conditional use permit will be compatible with surrounding uses because the design, building
materials, height, size and massing of the proposed dwelling is comparable with other dwellings
existing in the surrounding neighborhood.
Item No. 1 - 04/02/08 4 08za0402
3. The proposed single family dwelling will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance.
The project complies with the maximum building height, maximum lot coverage, and minimum
building setbacks. Habitable area above the second story is allowed in the base zoning district
with approval of a conditional use permit. The proposed third story will be setback a minimum of
five feet from the second-story facade as required by the HBZSO.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of RL-7 (Low Density Residential - 7 units per
acre) on the subject property. In addition, it is consistent with the following goals and policies of
the General Plan:
LU 9.2.1: Require that all new residential development within existing neighborhoods be
compatible with existing structures, including the:
LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible
with surrounding development;
LU 9.2.1 c: Maintenance of privacy on abutting residences.
The proposed dwelling will comply with maximum building height permitted in the RL zone with a
conditional use permit. The proposed third-story will be setback from the second-story facade as
required by the HBZSO, thus minimizing the building massing, and is designed in compliance
with the City's third-story design standards for the RL zone. No third-story windows or deck areas
are oriented toward adjoining properties and all windows on the first and second floors will align
offset from windows on existing adjacent dwellings or will be fitted with obscure glass (bathroom
windows), in order to maintain privacy on abutting properties.
SUGGESTED CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2008-
004/CONDITIONAL USE PERMIT NO. 2008-007:
1. The site plan, floor plans, and elevations received and dated March 10, 2008 shall be the
conceptually approved design with the following modification:
The third-story balcony at the Game Room and the door providing access to said balcony
shall be eliminated.
2. Incorporating sustainable or "green" building practices into the design of the proposed structures
and associated site improvements is highly encouraged. Sustainable building practices may
include (but are not limited to) those recommended by the U.S. Green Building Council's
Leadership in Energy and Environmental Design (LEED) Program certification
htt ://www.us bc.or /Dis la Pa e.as x?Cate o ID=19 or Build It Green's Green Building
Guidelines and Rating Systems (htt ://www.buildit reen.or /index.cfm?fuseaction= uidelines .
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.
Item No. 1 - 04/02/08 5 08za0402
NTINGTONB ,_.,-'i'_,'. s.
-ZONING ADMINISTRAT°ahr tgre +Str'i sy r^kyA•'ra°,E`'S MECUTII/UM ARY ,k:
TO:
FROM:
DATE:
Zoning Administrator
Jill Arabe, Planning Aide
April 2, 2008
SUBJECT: SPECIAL PERMIT NO. 2008-001 (FRANCO RESIDENCE)
LOCATION: 445 Lake Street, 92648 (west side of Lake Street, south of Pecan Avenue)
Applicant: Craig Woolbert, 5622 Littler Drive, Huntington Beach, Ca 92649
Property
Owner: Mike & Susan Franco, 445 Lake Street, Huntington Beach, Ca 92648
Request: To permit 51% lot coverage in lieu of the maximum allowed 50% lot coverage in
conjunction with a 450 sq. ft. addition to an existing two-story single-family
dwelling.
Environmental Status: This request is covered by Categorical Exemption, Section 15301, Class
1, of the California Environmental Quality Act.
Zone : SP5-CZ (Specific Plan - Coastal Zone)
General Plan: M-F1 1/25-sp-pd (Mixed Use - Max Flood Area Ratio 2.0/25 Dwelling Units per
Acre Max. - specific plan - pedestrian overlay)
Existing Use: Single family dwelling
RECOMMENDATION: Staff recommends approval of the proposed project based upon the
following findings:
SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA:
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 addition will not result in an increase of more
than 50% of the floor area of the existing structure.
Item No. 2 - 04/02/08 6 08za0402
SUGGESTED FINDINGS FOR APPROVAL - SPECIAL PERMIT NO. 2008-001:
1. The granting of Special Permit No. 2008-001 represents a request to permit 51 % lot coverage in
lieu of the maximum allowed 50% lot coverage in conjunction with a 450 sq. ft. addition to an
existing two-story single-family dwelling. The Special Permit will result in a greater benefit to the
project and will promote a better living environment by providing internal circulation between the
proposed addition and existing dwelling. The additional lot coverage is a result of a proposed
second floor projection above a courtyard area, which will be preserved on the first floor between
the garage and dwelling. Additional useable open space is provided as second floor balconies.
2. The granting of a Special Permit will provide better land planning techniques with maximum use
of aesthetically pleasing architecture, landscaping, site layout and design. The proposed addition
utilizes the area above the detached two-car garage as habitable space and provides internal
circulation through a second-floor catwalk. The bedroom and catwalk are compatible with the
architectural character of the existing dwelling and surrounding neighborhood. Furthermore, the
project includes matching exterior finishes such as stucco and red roof tile. The design of the
addition is further enhanced with the use of a hipped roof, precast moldings around windows and
doors, and arched walkways.
3. The granting of a Special Permit will not be detrimental to the general health, welfare, safety, and
convenience of the neighborhood or City in general, nor detrimental or injurious to the value of
property or improvements of the neighborhood or of the City in general. The Special Permit will
allow for construction of a second story addition at the rear of the property and will comply with
setbacks, maximum building height, and minimum on-site parking.
4. The granting of a Special Permit will be consistent with the objectives of the Downtown Specific
Plan in achieving a development adapted to the terrain and compatible with the surrounding
environment. The expansion of the single-family dwelling is comparable in size to dwellings
existing in the neighborhood, while promoting architectural differentiation and variable massing
along the alley. The granting of a Special Permit will be consistent with the policies of the
Coastal Element of the City's General Plan and the California Coastal Act by allowing the
addition on a previously developed site, contiguous to existing residential development. The
proposed addition will not impede public access or impact public views to coastal resources. The
development complies with State and Federal Law and is subject to all standard construction and
permitting procedures under the Uniform Building Code.
SUGGESTED CONDITIONS OF APPROVAL - SPECIAL PERMIT NO. 2008-001:
1. The site plan, floor plans, and elevations received and dated February 13, 2008 shall be the
conceptually approved design with the following modification:
The proposed 3 ft. high block wall along the front property line shall be removed.
2. Incorporating sustainable or "green" building practices into the design of the proposed structures
and associated site improvements is highly encouraged. Sustainable building practices may
include (but are not limited to) those recommended by the U.S. Green Building Council's
Leadership in Energy and Environmental Design (LEED) Program certification
(htt ://www.us bc.or /Dis la Pa e.as x?Cate o ID=19) or Build It Green's Green Building
Guidelines and Rating Systems (htt ://www.buildit reen.or /index.cfm?fuseaction= uidelines .
Item No. 2 - 04/02/08 7 08za0402
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.
Item No. 2 - 04/02/08 8 08za0402
•
HUNTINGTON, BEAC
•
OF, FICE'OF' THE-ZONING' ADMINISTRATOR
EC UTIVE;SUMMARY=;
TO:
FROM:
DATE:
Zoning Administrator
Andrew Gonzales, Assistant Planner
April 2, 2008
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-044; COASTAL DEVELOPMENT
PERMIT NO. 2007-018 (HERMAN RESIDENCE - CONTINUED FROM MARCH
19, 2008)
LOCATION: 3292 Falkland Circle, 92649 (terminus of Falkland Circle, east of Channel Lane)
Applicant: Greg Howell, 20561 Suburbia Lane, Huntington Beach, CA 92646
Property
Owner : Stephen Herman - Falkland Investment Trust, 3292 Falkland Circle, Huntington
Beach, CA 92649
Request : CDP: To permit the demolition of an existing dwelling and construction of an
approximately 6,208 sq. ft., 35 ft. tall single-family dwelling with a 602 sq. ft.
attached garage; CUP: To permit a single-family dwelling with (a) an approximately
1,107 sq. ft. 3`d floor habitable area, (b) an approximately 148 sq. ft. third story
deck, and (c) an overall building height exceeding 30 ft. The request includes a
review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot
Ordinance encourages adjacent property owners to review proposed development
for compatibility/ privacy issues, such as window alignments, building pad height,
and floor plan layout.
Environmental Status: This request is covered by Categorical Exemption, Section 15303, Class 3,
of the California Environmental Quality Act.
Zone: RL-CZ (Residential Low Density - Coastal Zone)
General Plan: RL-7 (Residential Low Density - 7 Dwelling Units Per Acre Maximum)
Existing Use: Single family residence
RECOMMENDATION: Staff recommends approval of the proposed project based upon the
following findings:
Item No. 3 - 04/02/08 9 08za0402
SUGGESTED 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 15303 of the CEQA Guidelines, because the project is located in an urbanized residential
zone and involves the construction of a new single family dwelling.
SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2007-018:
1. Coastal Development Permit No. 2007-018 for the demolition and construction of an
approximately 6,208 sq. ft. single-family dwelling with a 602 sq. ft. attached garage conforms with
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. The development complies with the
maximum site coverage, maximum building height, minimum yard setbacks, minimum onsite
parking, and third story design criteria. A concurrent application for a conditional use permit is
under review to permit a 3d floor habitable area, 3`d floor deck, and an overall building height of
35 ft.
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 roadways.
4. The development conforms to the public access and public recreation policies of Chapter 3 of the
California Coastal Act. The proposed addition will not impede public access or impact public
views to coastal resources.
SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2007-044:
1. Conditional Use Permit No. 2007-044 to permit an approximately 1,107 sq. ft. 3`d floor living area
and an approximately 148 sq. ft. 3`d story deck with an overall building height of 35 ft. will not be
detrimental to the general welfare of person working or residing in the vicinity or detrimental to the
value of the property and improvements in the neighborhood. The proposed habitable area will
be located within the confines of the second-story roof volume, thus minimizing mass and bulk of
the structure. The overall building height is not anticipated to impact surrounding properties
because the project is mainly adjacent to two-story single family residences. The proposed
rooftop deck will be located at the rear of the house and oriented toward the public right-of-way to
insure privacy for adjacent properties. The proposed rooftop deck is setback more than 13 ft.
from adjacent residential properties, and at least five ft. from the building exterior.
2. The conditional use permit will be compatible with surrounding uses consisting of single-family
homes because the three-story residence is designed to be comparable to other two-story homes
Item No. 3 - 04/02/08 10 08za0402
i
in the vicinity. The home is designed as a two-story residence with the 3`d floor habitable area
and rooftop deck integrated within the confines of the 2"d story roof. The habitable area and
rooftop deck is contained within the 2"d floor roof volume and orientated toward the Shelter
Channel with sufficient setbacks from the building exterior to insure privacy for adjacent
properties.
3. The proposed conditional use permit will comply with the provisions of the base district and other
applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance
(HBZSO). The project complies with maximum lot coverage, minimum building setbacks, and
maximum building height. An overall building height of 35 ft., 3`d floor habitable area, and 3`d
floor deck are allowed in the base zoning district with approval of a conditional use permit.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of RL-7 (Low Density Residential-7 units per
acre) on the subject property. In addition, it is consistent with the following goals and policies of
the General Plan:
LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible
with the surrounding development;
LU 9.2.1d: Maintenance of privacy on abutting residences.
5. The development will comply with maximum building height permitted in the RL zone. The
proposed 3`d floor habitable area and rooftop deck are designed within the confines of the 2nd
story roof volume and located in the approximate center of the lot with sufficient setbacks from
the building exterior. The addition is designed to minimize mass and bulk and impacts to privacy
on adjoining properties. The proposed deck will be architecturally integrated into the design of
the house, screened from view on three sides by the second-story roof, and not visible from the
surrounding properties.
SUGGESTED CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2007-
018/CONDITIONAL USE PERMIT NO. 2007-044:
1. The site plan, floor plans, and elevations received and dated February 7, 2008 shall be the
conceptually approved design.
2. Incorporating sustainable or "green" building practices into the design of the proposed structures
and associated site improvements is highly encouraged. Sustainable building practices may
include (but are not limited to) those recommended by the U.S. Green Building Council's
Leadership in Energy and Environmental Design (LEED) Program certification
htt ://www.us bc.or /Dis la Pa e.as x?Cate o ID=19 or Build It Green's Green Building
Guidelines and Rating Systems htt ://www.buildit reen.or /index.cfm?fuseaction= uidelines .
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.
Item No. 3 - 04/02/08 11 08za0402
NOTICE OF EXEMPTION
O
p
,v ermit 51% lot covera e in lieu of the maximum allowed 50% lot
''with a 450 s . ft. addition to an existin two-sto sin le-famil
A
I.7
ng Project : Cit of Huntin ton Beach
ing Out Project : Crai Woolbert 5622 Littler Dr. Huntin ton
tj
J')(1); 15268).
=qc. 21080(b) (3); 15269(a)).
421080(6)(4); 15269(b)(c)).
Class _I- Section 153.
to Code Number .
=ct is exempt :The addition will not result in an increase of more than
4 the existin structure.
1) vt. Code Section 6103
%l Arabe,Telephone : 714 536-5271
i
z t of exemption finding.
' on been filed by the Public Agency approving the project? Yes No
Title: PlanKi 11 Date: R I2(0B
To:
0
From:
Office of Planning and Research City of Huntington Beach
1400 Tenth Street, Room 121 Planning Department
Sacramento, Ca 95814 2000 Main St., 3rd FIr.
El Orange County Clerk Recorder's Office
Public Services Division
P.O. Box 238
Santa Ana, CA 92702
Huntington Beach , CA 92648
Project Title : S ecial Permit No. 2008-001 Franco Residence
Project Location: 445 Lake Street 92648 south of Pecan Ave. west of Lake St.
Project Location -City: HUNTINGTON BEACH Project Location -County:ORANGE
OZZ3aa3INI NY1tltlH®
G:\Arabe\Administrative Permits\445 Lake St\NOE (Form A).doc
•
1. PROPERTY OWNER
a. Mike and Susan Franco
b. 562-712-9842
II. LOCATION
a. 445 Lake Street
b. South of Pecan Avenue, west of Lake Street
c. Zoned: SP5-CZ (downtown specific plan - coastal zone)
d. Nonappealable area
Ill. REQUEST
a. To permit the 51 % lot coverage, in lieu of the maximum 50% lot coverage in
conjunction with an approximately 450 SF addition to an existing two-story single
family dwelling
b. The second-story bedroom addition will be above the detached two-car garage
and include a catwalk attaching the existing home to the addition.
c. The catwalk is about 70 SF which will put the lot coverage over the maximum
50% as required by code.
IV. DESCRIPTION
a. The property is 2,875 SF (25 ft x 115 ft) with an alley along the rear.
b. The existing home has three bedrooms.
c. As seen in the floor plan, the existing bedroom will be converted into a den, to
have access to the new bedroom above the garage.
d. The proposed addition will not trigger more parking. With the exception of lot
coverage, the addition complies with setbacks, height, and accessibility within the
home.
e. In order to obtain approval of a special permit, the proposed project must meet
findings:
i. In that it will benefit the project and promote a better living environment,
which is supplied by providing internal circulation between the proposed
addition and existing dwelling; as well as preserving a courtyard area and
providing usable open space as second floor balconies.
ii. Also, the addition and catwalk will provide compatible architecture and
design to match the existing dwelling and neighborhood.
iii. The granting of the Special Permit will not be detrimental to the general,
health, welfare, safety, and convenience of the neighborhood; in
complying with setbacks, height, and parking.
iv. The expansion of the single-family dwelling is comparable in size to the
neighborhood, and promotes architectural differentiation and variable
massing along the alley. Additionally, it will not impede public access or
impact public views to coastal resources.
V. PUBLIC COMMENTS
a. Staff has received no comments from any neighbors regarding the project.
VI. RECOMMENDATION
a. Staff recommends approval based on the suggested findings and with the
modification of approval that the proposed 3 ft. high fence/blockwall along the
front property line be removed, as designated in the executive summary.
THE APPLICANT HAS BEEN INFORMED OF THE CONDITIONS OF APPROVAL.
The applicant, Craig Woolbert, is available if there are any questions for him.
-Dterrv: ,ahan >i_vt 10
- ,ss p,,,ans s \ P eyrv`,s
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
DURABLE GENERAL POWER OF ATTORNEY
for
RAISA MARKARIAN
L}f5L-AK
This Power of Attorney shall become EFFECTIVE upon my
incapacity, and thereafter shall remain effective for an
indefinite period of time. It shall EXPIRE upon my death,
my revocation of the powers granted herein, or the
appointment of a conservator of my estate.
WARNING TO PERSON EXECUTING THIS DOCUMENT
This is an important legal document. It creates a durable power of
attorney. Before executing this document, you should know these
important facts:
A. This document provides the person you designate as your
attorney-in-fact with broad powers to manage, dispose of, sell, and
convey your real and personal property and to borrow money using your
property as security for the loan.
B. These powers will exist upon your subsequent disability or
incapacity, and thereafter will exist for an indefinite period of time
unless you limit their duration in this document.
C. You have the right to revoke or terminate this power of
attorney.
I, RAISA MARKARIAN , hereby revoke all previous durable general powers
of attorney executed by me. I hereby appoint the first eligible and
willing person from the following list, in the order listed:
SUZANNE FRANCO
MICHAEL ANTHONY FRANCO
I [and if the first named person is unable or unwilling to act, or if at
any time(s) in the future a successor Agent is required, that Agent
shall be the next eligible and willing person on the above list]
1
as my true and lawful Attorney -in-Fact (hereinafter referred to as
"Agent"), for me and in my name , place and stead and for my use and
benefit, keeping in mind my best interests and my family's best
interests:
i
1. To manage, control, lease, sublease , and otherwise act
concerning any real property which I may own, collect and receive rents
or income therefrom; pay taxes, charges, and assessments on the same;
repair, maintain, protect, preserve, alter, and improve the same; and
do all things necessary or expedient to be done in the Agent's judgment
in connection with the property.
2. To purchase real property on my behalf; to mortgage, pledge,
or otherwise encumber such newly acquired property; to commit my
resources with respect to purchase of such property; to do all acts and
execute all documents necessary for the purchase of such property; and
to otherwise generally deal in all respects and have all powers
described in this power of attorney with respect to such property.
3. To manage and control all partnership interests owned by me
and to make all decisions I could make as a general partner, limited
Y=artner, or both, and to execute all documents required of me as such
partner, all to the extent that the Agent 's designation for such
purposes is allowed by law and is not in contravention of any
partnership or other agreement.
4. To purchase , sell, invest , reinvest and generally deal with
ill stocks , bonds, debentures , warrants , partnership interests , rights,
and securities owned by me.
5. To collect and deposit for my benefit all debts , interest,
dividends or other assets that may be due or belong to me,
and to execute and deliver receipts and other discharges therefor; to
demand, arbitrate , and pursue litigation on my behalf concerning all
rights and benefits to which I may be entitled ; and to compromise,
:.tittle, and discharge all such matters as the Agent considers
appropriate under the circumstances.
6. To pay any sums of money that may at any time be or become
owing from me; to sell , and to adjust and compromise any claims which
may be made against me as the Agent considers appropriate under the
:ircumstances.
7. To grant , sell, transfer , convey, mortgage , deed in trust,
pledge, and otherwise encumber and deal in all property , real and
personal, that I may own; including but not limited to any real
property described on any exhibit attached to this instrument including
property acquired after execution of this instrument ; to attach
exhibits to this instrument which provide legal descriptions of any
such property; and to execute such instruments as the Agent deems
proper in conjunction with all matters covered in this paragraph.
2
i
any option granted to Holder hereunder shall not waive the right to exercise the same in the event
of any subsequent default by Borrower. Interest at the Default Rate shall commence to accrue upon
the occurrence of a default, including the failure to pay this Note at Maturity.
SECTION 9.V
In the event of any default, or in the event that any dispute arises relating to the
interpretation, enforcement, or performance of this Note, the prevailing party shall be entitled to
collect all fees and expenses incurred in connection therewith, including but not limited to fees of
attorneys, accountants, appraisers, environmental inspectors, consultants, expert witnesses,
arbitrators, mediators, and court reporters.
SECTION 10.
The Security Instrument contains the following provision (in such provision , the term
"Trustor"means Borrower and "Beneficiaries" means Holder):
Trustor shall not, without the prior written consent of Beneficiaries, which consent shall not
be unreasonably withheld, further encumber the property or any interest therein, cause or permit any
change in the entity, ownership , or control of Trustor or agree to do any of the foregoing without
first repaying in full the Note and all other sums secured hereby. Nothing in this Note or the Deed
of Trust shall be construed to require Trustor to obtain Beneficiaries' and/or Trustee's consent to
lease or sublease the Property or any portion thereof
Consent to any one such occurrence shall not be deemed a waiver of the right to require
consent to any future occurrences.
SECTION 11.
(a) Every person or entity at any time liable for the payment of the indebtedness
evidenced hereby waives presentment for payment, demand, and notice of nonpayment ofthis Note.
Every such person or entity further hereby consents to any extension of the time of payment hereof
or other modification of the terms of payment of this Note, the release of all or any part of the
security herefor or the release of any party liable for the payment of the indebtedness evidenced
hereby at any time and from time to time at the request of anyone now or hereafter liable therefor.
Any such extension or release may be made without notice to any of such persons or entities and
without discharging their liability.
(b) Each person or entity who signs this Note is jointly and severally liable for
tree full repayment of the entire indebtedness evidenced hereby and the full performance of each and
every obligation contained in the Security Documents.
(c) The headings to the various sections have been inserted for convenience of
3
15. To make gifts on my behalf to a class composed of my
children, any of their issue , or both, to the full extent of the
Federal annual gift tax exclusion in effect from time to time,
including the maximum per donee annual exclusion under Internal Revenue
Code section 3503 (b) or any successor statute, and for such purposes to
remove my assets from any grantor revocable trust of which I am a
grantor.
t
16. To represent my interests and to serve as my advocate with
regard to medical services provided by my health maintenance
organization (HMO) or other health care provider. My Agent shall have
immediate access to my medical records and full authority to pursue
administrative , court, and other remedies when, in the discretion of my
Agent , my health care provider is providing inadequate and/or
inappropriate medical services pursuant to its contractual obligations
to me . My Agent is authorized to pursue arbitration and court remedies
to enforce my rights . My Agent has full authority to employ attorneys,
medical specialists , or other professionals whose assistance may be
necessary in carrying out this power.
17. To do all things and enter into all transactions necessary to
provide for my personal care and to maintain my customary standard of
living; and to hire and compensate household , nursing and other
employees as the Agent considers advisable for my well being. The
above shall specifically include , but not be limited to, the authority
to pay the ongoing costs of maintenance of my present and future
residence , such as interest , taxes , repairs; to procure and pay for
clothing , transportation, medicine , medical care , food and other needs;
and to make arrangements , enter into contracts and commit my resources
on my behalf with respect to provision of residential care of me in a
convalescent hospital , skilled nursing home, or other alterative
residential facility.
18. Generally to do, execute , and perform any other act, deed,
matter, or thing, that in the opinion of the Agent ought to be done,
executed , or performed in conjunction with this power of attorney, of
every kind and nature , as fully and effectively as I could do if
personally present. The enumeration of specific items , acts, rights or
powers in this instrument does not limit or restrict , and is not to be
construed or interpreted as limiting or restricting , the general powers
granted to the Agent , except where powers are expressly restricted.
19. Notwithstanding any other possible language to the contrary
in this instrument , the Agent is specifically NOT granted the following
powers:
A. To exercise any trustee powers under an irrevocable
trust of which the Agent is a trustor and I am a trustee; and
B. To exercise incidents of ownership over any life
insurance policies which I own on the Agent's life.
4
1 20. Any third party from whom the Agent may request information,
records, or other documents regarding my personal affairs may release
and deliver all such information, records, or documents to the Agent.
I hereby waive any privilege that may apply to release of such
information, records, or other documents.
21. The Agent's signature under the authority granted in this
power of attorney may be accepted by any third party or organization
with the same force and effect as if I were personally present and
acting on my own behalf. No person or organization who relies on the
Agent's authority under this instrument shall incur any liability to
me, my estate, heirs, successors, or assigns, because of reliance on
this instrument.
22. This power of attorney shall apply to all of my presently
owned and future acquired assets, and shall include the power to
acquire any assets as described herein on my behalf.
23. If a conservator of my estate is deemed necessary, I hereby
nominate as conservator the first eligible and willing person from the
following list:
SUZANNE FRANCO
MICHAEL ANTHONY FRANCO
i
On the appointment of a conservator of my estate, this power
of attorney shall terminate and the Agent shall deliver my assets under
the Agent's control as directed by the conservator of my estate.
24. My estate, heirs, successors, and assigns shall be bound by
the Agent's acts under this power of attorney.
25. I hereby ratify and confirm all that the Agent shall do, or
cause to be done, by virtue of this power of attorney.
26. I declare that I understand the importance of this durable
power of attorney, recognize that the Agent is granted broad power to
hold, administer, and control my assets.
GIVING AND GRANTING unto my said Attorney full power and authority to
do and perform all and every act and thing whatsoever requisite,
necessary or appropriate to be done in and about the premises as fully
to all intents and purposes as I might or could do if personally
present, hereby ratifying all that my said Attorney shall lawfully do
or cause to be done by virtue of these presents. The powers and
authority hereby conferred upon my said Attorney shall be applicable to
all real and personal property or interests therein now owned or
hereafter acquired by me and wherever situate.
My said Attorney is empowered hereby to determine in his/her sole
discretion the time when, purpose for and manner in which any power
herein conferred upon him shall be exercised, and the conditions,
provisions and covenants of any instrument or document which may be
executed by him/her pursuant hereto; and in the acquisition or
5
1
disposition of real or personal property, my said Attorney shall have
exclusive power to fix the terms therefor for cash, credit and/or
property, and if on credit with or without security.
When the context so requires, the masculine gender includes the
feminine and/or neuter, and the singular number includes the plural.
This Power of Attorney shall become effective upon my incapacity,
and thereafter shall be effective for an indefinite period of time. I
shall be deemed to be incapacitated if at any time two licensed
physicians, both unrelated to me, certify in writing that I have become
physically or mentally incapacitated and am unable to manage my affairs
in my best interest, whether or not a court of competent jurisdiction
has declared me incompetent, mentally ill or in need of a conservator.
EXECUTED on March 18, 1999 at Montebello, California.
RAISA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SS.
On March 18, 1999 before me, James F. Miller, a notary public in and
for the State of California, personally appeared RAISA MARKARIAN,
personally known to me (or proved to me on the basis of satisfactory
evidence) to be the person whose name is subscribed to the within
instrument, and acknowledged to me that she executed the same in her
authorized capacity, and that by her signature on the instrument the
person, or the entity upon behalf of which the person acted, executed
the instrument.
WI S my n and official seal.
Si
JAMES F MILLER
COmmlz4on t. 1107398
Notary Rbnc - Ccafomlo
Los Angelo; County
My Comm Ekes Au l 18 2700
6
THE ERWAND MARKARIAN AND RAISA MARKARIAN TRUST
Dated November 21, 1997
FIRST AMENDMENT OF TRUST
NOTICE THEREOF
I
To: RAISA MARKARIAN, Trustee
The undersigned Trustor, under that certain Declaration of Trust
of THE ERWAND MARKARIAN AND RAISA MARKARIAN TRUST , executed on
November 21, 1997, with stated power to amend, by the undersigned as
Trustor and you as Trustee, hereby notifies you that Trustor amends
and modifies that Declaration of Trust in the following manner only:
I. Pursuant to Modification of Trust, Section 1 .04 of the
Trust dated November 21, 1997, Trustor hereby modifies and amends
Designation of Trustee as follows:
DESIGNATION OF TRUSTEE
Husband and Wife are hereby designated as Co-Trustees of
all trusts created by or to be created pursuant to this
DECLARATION OF TRUST. Should either Husband or Wife become
unable because of death, incompetency, or other cause to
serve as such a Co-Trustee, or should either resign as Co-
Trustee, before the natural termination of all trusts
provided for in this Declaration, the remaining Co-Trustee,
Husband or Wife, shall thereafter serve as Co-Trustee of
all trusts provided for in this Declaration with Trustors
daughter, SUZANNE FRANCO, who is then appointed to act as
Co-Trustee with the surviving Husband or Wife Co-Trustee.
The term "Trustee" as used in this Declaration shall refer
1
collectively to Husband and Wife so long as they shall
serve as such Co-Trustees and thereafter to such of them as
may serve as Co-Trustees. The Co-Trustee may act
individually or collectively in exercising the powers of
Trustee stated pursuant to the terms of the Trust.
II. Trustor hereby revokes and deletes Section 7 .01, Successor
Trustee of Last Trustor , in the entirety. Trustor amends and
substitutes the following in place of Section 7.01.
SUCCESSOR TRUSTEE OF LAST TRUSTOR
On the death of The last Trustor to die, or should such
Trustor, after the death or incapacity of the other
Trustor, resign or become-unable, for any reason, to serve
as Co-Trustee of the Trust provided for in this
Declaration, the Trustor appoints SUZANNE FRANCO as Sole
Trustee . If for any reason, SUZANNE FRANCO, becomes unable
to serve as Sole Trustee of said Trust, the Trustor
appoints MICHAEL ANTHONY FRANCO as Successor Trustee. Any
named Trustee appointed pursuant to the terms of this
Declaration shall serve without bond.
III. In every other respect Trustor, RAISA MARKARIAN, hereby
restates and affirms the Declaration of Trust of THE MARKARIAN TRUST
dated November 21, 1997 as originally stated on the date of the
original trust.
Executed on October 30, 1998, at Whittier, California.
TRUSTOR TRUSTEE
RAI A RAISA MARKARIAN
2
•
I
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this 30th day of October, 1998, before me, the undersigned,
a Notary Public in and for the State of California, personally
appeared RAISA MARKARIAN , proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument, and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my
official seal in the State aforesaid, the day and year in this
certificate first above written.
Notary Public
ROSE POMA
Commission # 1149467
Notary PubtiC - CalrfOmia
Los Mgeies County --
MyComm.Expires Aug 1, 2001
(SEAL)
3
PUBLIC PROJECT PLANNER: rc
NOTIFICATION ENTITLEMENT NO: SF d$ ` 001
CHECKLIST ADDRESS : {!55 --0-k
ASSIGNED ON: > ZONING ADMINISTRATOR
DUE BY: ( (three weeks) PLANNING COMMISSION
-tf VERIFY LOCATION OF PROJECT SITE ON RADIUS MAP
VERIFY CORRECT DIMENSION OF RADIUS
dVERIFY APPLICANT /PROPERTY OWNER 'S NAME & ADDRESS
/VERIFY OCCUPANT ADDRESS WITH G.I.S.44 ELIMINATE DUPLICATE LABELS
-fidADD INTERESTED PARTI S LIS (to be completed by project planner)
COMPLETED BY: 2 DATE:
APPROVED BY: DATE: 3 1 `b bV7
(Project Planner)
While reviewing mailing labels continuously indicate where you stopped so that work can be
completed by another staff member.
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Map Produced on 2/19/2008
N
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COUNTY ASSESSOR DEPT. PURPOSES ONLY
THE ASSESSOR MAKES NO GUARANTEE AS TO
ITS ACCURACY NOR ASSUMES ANY LIABILITYFOR OTHER USES. NOT TO BE REPRODUCEDALL RIGHTS RESERVED
0 COPYRIGHT ORANGE COUNTY ASSESSOR 2002
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BOOK 024 PAGE 13
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