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HomeMy WebLinkAboutAdministrative Permit CDP2006015 - Notice of action Letter w Findings & Conditions of ApprovalGC'•Tiai>S ri OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH • CALIFORNIA NNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNNN P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO. 2006-0151 VARIANCE NO. 2006-012 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 Karen Otis, 16871 Sea Witch Lane, Huntington Beach, CA 92649 PROPERTY OWNER: Bill and Virginia Batiste, 17002 Marinabay Drive, Huntington Beach, CA 92649 REQUEST: CDP. To permit construction of a 4,000 sq. ft., two-story single- family dwelling with a 524 sq ft attached two-car garage; VAR: To permit a 19 ft setback from the front property line in lieu of the required 20 ft. garage setback This 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 17002 Marinabay Drive (east side of Marinabay Drive, south of Coral Cay Lane) PROJECT PLANNER. Tess Nguyen COASTAL STATUS- APPEALABLE DATE OF APPEAL EXPIRATION November 27, 2006 The above application was acted upon by the Zoning Administrator of the City of Huntington Beach on, November 8 2006 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 November 27, 2006 there have been no appeals filed on the above entitlement If you have any questions, please contact the project planner at 536-5271. Coastal Development Permit No. 2006-015 Variance No. 2006-012 Page 2 Ramona Kohlmann, Secretary Huntington Beach Zoning Administrator Attachment Notice of Local Action for Coastal Development Permit No. 2006-015 / Variance No. 2006-012 . • . . Complete items'.-, 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 mailpiece, or on the front if space permits. 1 Article Addressed to SO COAST AREA OFFICE CA COASTAL COMM ATTENTION THERESA HENRY 200 OCEANGATE, 10TH FLOOR LONG BEACH, CA 90802-4302 2. Article Number (Transfer from service (abed as ir D Agent Addressee B Received by (Printed Name) C, Date of Delivery D Is delivery address different from Item 1? If YES, enter delivery address below- J, 3. Service Type J W ertified Mail -D Express Mad O Yes No Registered Return Receipt for Merchandise D Insured Mail D COD 4 RestrIcted Delivery? (Extra Fee) Yes 7003 1010 0005 1615 4853 PS Form 3811 , February 2004 Domestic Return Receipt 102595-02-M-1540 • • OFFICE of the ZON ING ADMINISTRATOR CITY OF HUNT INGTON BEACH • CALIFORNIA (714) 536-5271 November 9, 2006 Karen Otis 16871 Sea Witch Lane Huntington Beach, CA 92649 NOTICE OF ACTION SUBJECT: COASTAL DEVELOPMENT PERMIT NO. 2006-015 / VARIANCE NO.2006 -012 (BATISTE RESIDENCE) APPLICANT: Karen Otis REQUEST: -------------------------------------- P.O. BOX 190 CALIFORNIA 92648 CDP. To permit construction of a 4,000 sq ft, two-story single- family dwelling with a 524 sq ft. attached two-car garage, VAR: To permit a 19 ft. setback from the front property line in lieu of the required 20 ft. garage setback. This 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. PROPERTY OWNER: Bill and Virginia Batiste, 17002 Marinabay Drive, Huntington Beach , CA 92649 LOCATION: 17002 Mannabay Drive (east side of Marinabay Drive, south of Coral Cay Lane) PROJECT PLANNER: Tess Nguyen DATE OF ACTION: November 8, 2006 On Wednesday, November 8, 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 Coastal Development At No. 2006-015 Variance No. 2006-012 Page 2 • 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 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 NOVEMBER 27 2006 for the coastal development permit and NOVEMBER 20 2006 for th e variance. This project is in the Appealable portion of the coastal zone 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 Californ ia 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 th e 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 Acton. If you fail to file a written protest regarding any of the fees contained in this Coastal Development Pe+No 2006-015 Variance No. 2006-012 Page 3 If you have any questions regarding this Notice of Action letter or the processing of your application, please contact the project planner or the Planning Department Zoning Counter at (714) 536-5271 Sincer y, c t He , cting Zoning Administrator SH:TN jc Attachment C' Honorable Mayor and City Council Chair and Planning Commission Penelope Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Scott Hess, Acting Director of Planning Eric Engberg, Division Chief/Fire Marshal Terri Elliott, Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Property Owner, Bill and Virginia Batiste Project File ATTACHMENT NO. 1 FINDINGS AND CONDITIONS OF APPROVAL COASTAL DEVELOPMENT PERMIT NO. 2006-015 VARIANCE NO. 2006-012 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 and 15305 of the CEQA Guidelines, because the project consists of the construction of a single family home and the requested variance provides for minor alterations in land use limitations that does not result in any changes in land use or density FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-015 1. Coastal Development Permit No. 2006-015 for the construction of a two-story, 4,000 sq. ft. single-family residence, as modified by conditions of approval, 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 new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it The proposed dwelling will replace an existing dwelling on the site and is contiguous to existing residential development. 2. The project is consistent with th e requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code except for the variance approved concurrently for a reduced garage setback/driveway depth from the front property line. 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 on a previously developed lot in an urbanized area with direct access from an existing public street and with all necessa ry se rvices 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. FINDINGS FOR APPROVAL - VARIANCE NO. 2006-012 1 The granting of Variance No. 2006-012 to permit a 19 ft. setback from the front property line in lieu of the minimum code required 20 ft. garage setback (for the construction of a new garage in the same location of the existing garage) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject property is a pie-shaped lot, creating a skewed property line in relationship to the garage. While one comer of the garage is providing more than the required 20 ft. setback (appro)umately 28 ft), the other comer is at approximately 19 ft. from the property line. The average setback for the garage is approximately 23 feet from the property line. In addition, the property line is not at the line of the sidewalk but it is set in a total of 7 ft. 6 in This condition, along with the provided setback, creates a long driveway (appro)dmately 26 ft. at the shortest point and approximately 36 ft. at the longest point). 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is pie-shaped and the curvature in the front property line makes it difficult to comply with the front setback for the garage. Because the property line is set in from the line of the sidewalk, the setback reduction will not affect vehicle maneuverability. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substan tial property rights. The requested variance is necessa ry to maintain an exis ting setback which is comparable to the other homes in the vicinity. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The subject property provides the Code required parking by means of a two-car garage and two off-street parking spaces in front of the garage . Consequently , no detrimental impacts to surrounding properties are anticipated. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL-7 (Residential Low-Density-7 units/acre) on the subject property, including the following policies: LU 7.1.2 Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. LU 9.1 2 (c): Minimize the amount and width of the paving of front yards for driveway and garage access The requested variance accounts for the unusual shape of the subject site, the curvature of the property line, and the location of the existing garage relative to the front property line The orientation of the proposed garage, with the setback reduction, still allows vehicles with the ability to safely maneuver in and out of the property. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-015/ VARIANCE NO. 2006-012: 1. The site plan, floor plans, and elevations received and dated September 29, 2006 shall be the conceptually approved design. G (ZONING ADMINISTRATORIZALTRS 06ICDP 2006-015 DOC Attachment 12 2. The windows in the bedroom and dining room on the first floor shall be made of obscure glass 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_1ZONING ADMINISTRATORIZALTRS106\CDP 2006-015 DOC Attachment 13