HomeMy WebLinkAboutAdministrative Permit CDP2012009 - Notice of action Letter with Findings & Conditions of Approval•a
OFFICE of the ZONING ADMINISTRATOR
CITY OF HUNTINGTON BEACH • CALIFORNIA
NA/NNNNI.NNNN/II /N/INII/.NNNNNNNNNNNNNN NNNN NN
P.O. BOX 190 CALIFORNIA 92648
(714) 536-5271 NOTICE OF ACTION
September 20, 2012
Mark Blumer
Crane Architectural Group
110 W. Wilshire Avenue, No. 300
Fullerton, CA
SUBJECT:COASTAL DEVELOPMENT PERMIT NO. 12-09,
ADMINISTRATIVE PERMIT NO. 12-08 (NGUYEN THREE-UNIT
DEVELOPMENT)
APPLICANT: Mark Blumer, Crane Architectural Group
REQUEST:CDP: To permit the construction of an approximately 4,192 sq. ft.,
two-story detached residential building containing two (2)
residential units on a site with an existing single family residence.
The new building will include three attached, two-car garages
measuring approximately 1,231 sq. ft. and two new one-bedroom
units measuring approximately 667 sq. ft. on the second floor. AP:
To permit a waiver of development standards to permit a total lot
coverage of 54% in lieu of a maximum 50% permitted for an
addition to an existing single family residence and construction of
a new two-story residential duplex.
PROPERTY OWNER: Kimberly Nguyen, P.O.Box 145, Huntington Beach, CA 92648
LOCATION: 502 California Street, 92648 (northeast corner of California Street
and Elmira Avenue)
PROJECT PLANNER: Andrew Gonzales
DATE OF ACTION: September 19, 2012
On Wednesday, Se tember 19 2012 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.
Coastal Development Perm o. 12-09
Administrative Permit No. 12-08
Page 2
0
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 becomes final at the expiration of the appeal period. A
person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the
Planning Commission within ten (10) working days of the date of the Zoning Administrator's
action. The notice of appeal shall include the name and address of the appellant, the decision
being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing
fee of Two Thousand Five Hundred One Dollars ($2,501.00).
In your case, the last day for filing an appeal and paying the filing fee is October 3 2012 at
5:00 PM.
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 begun or as modified by a condition of approval.
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 Andrew Gonzales, the project planner, at (714) 374-1547 or via
email at AGonzales @Surfcity-hb .org or the Department of Planning and Building Zoning
Counter at (714) 536-5271.
Sincerely,
kic ky Ramos
Zoning Administrator
RR:AG:jdc
Attachment
Coastal Development Permio. 12-09
Administrative Permit No. 12-08
Page 3
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Scott Hess, Director of Planning and Building
Herb Fauland, Planning Manager
William H. Reardon, Division Chief/Fire Marshal
Debbie DeBow, Principal Civil Engineer
Mark Carnahan, inspection Manager
Jim Brown, Fire Protection Analyst
Joe Morelli, Fire Protection Analyst
Kimberly Nguyen
Project File
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ATTACHMENT NO. I
FINDINGS AND CONDITIONS OF APPROVAL
COASTAL DEVELOPMENT PERMIT NO. 12-09
ADMINISTRATIVE PERMIT NO. 12-08
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 15303 of the CEQA Guidelines, because the project is located in
an urbanized area involves the construction of a residential duplex, totaling not more than six
dwelling units on the subject site.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 12-09:
1. Coastal Development Permit No. 12-09 for the construction of an approximately 4,192 sq.
ft., two-story detached residential building containing two (2) residential units on a site with
an existing single family residence conforms with the General Plan, including the Local
Coastal Program Land Use Element designation of Residential Medium High 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, with exception of the request to exceed maximum lot coverage, 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 minimum yard setbacks, maximum
building height, minimum open space, and minimum onsite parking.
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 site in an urbanized area with all necessary services
and infrastructure available, including water, sewer and roads.
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.
FINDINGS FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 12-08:
1. The proposed lot coverage of 54.6% does not exceed a 10% deviation from the maximum
allowed lot coverage of 50% applicable in the RMH-A (Residential Medium High-Density -
Small Lot) zoning district, pursuant to Section 210.06 of the Huntington Beach Zoning and
Subdivision Ordinance.
2. The waiver of development standards improves the project with a contemporary Craftsman
architectural theme that consists of design features as a hipped roof, wide/unenclosed eave
overhangs, a partial-width front porch; and covered carport. Approximately 10% of the total
lot coverage will be devoted to unenclosed areas as the front porch and covered carport
G:\ZA\ZALTRS\12\CDP 12-08;AP 12-08.DOC Attachment 1.1
which do not contribute to overall building mass. Th e covered open areas provide variations
in building form and provide visual interest by providing distinguishable architectural
features synonymous with this design theme. The project ensures no detrimental impacts
to surrounding properties by complying with required yard setbacks, maximum height, and
minimum off-street parking requirements.
3. The proposed project would not otherwise require any discretionary permits, and will not in
any way degrade the environment or result in any changes to land use or density. With the
exception of the proposed 54% lot coverage, the proposed development conforms to all
applicable development standards, including maximum height, minimum yard setbacks, and
required onsite parking.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 12-
09/ADMINISTRATIVE PERMIT NO. 12-08:
1. The site plan, floor plans, and elevations received and dated August 1, 2012 shall be the
conceptually approved design.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first
three pages of all 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.
b. A covenant agreement shall be submitted to the Planning Division merging Lot Nos.
19 and 20 as one parcel (APN 024-221-14). The legal instrument shall be submitted
to the Planning Division a minimum 30 days prior to building permit issuance. The
document shall be approved by the Planning Division as to form and content and,
when approved, shall be recorded in the Office of the County Recorder prior to final
building permit approval. A copy of the recorded document shall be filed with the
Planning Division for inclusion in the entitlement file prior to final building permit
approval. The recorded agreement shall remain in effect in perpetuity, expect as
modified or rescinded pursuant to the expressed written approval of the City of
Huntington Beach.
3. During demolition, grading, site development, and/or construction, the following shall be
adhered to:
a. Construction equipment shall be maintained in peak operating condition to reduce
emissions.
b. Use low sulfur (0.5%) fuel by weight for construction equipment.
c. Truck idling shall be prohibited for periods longer than 10 minutes.
d. Attempt to phase and schedule activities to avoid high ozone days first stage smog
alerts.
e. Discontinue operation during second stage smog alerts.
G:\ZA\ZALTRS\12\CDP 12-09; AP 12-08.DOC Attachment 1.2
f. Ensure clearly visible signs are posted on the perimeter of the site identifying the
name and phone number of a field supervisor to contact for information regarding
the development and any construction/grading activity.
4. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, until
the following has been completed:
a. All improvements must be completed in accordance with approved plans, except as
provided for conditions of approval.
b. Compliance with all conditions of approval specified herein shall be verified by the
Planning and Building Department.
c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or
unusable material, shall be disposed of at an off-site facility equipped to handle
them.
d. Copy of the recorded covenant, as specified by Condition No. 2(b), shall be
provided.
5. Coastal Development Permit No. 12-09 and Administrative Permit No. 12-08 shall become
null and void unless exercised within tWO years of the date of final approval or such
extension of time as may be granted by the Director pursuant to a written request
submitted to the Planning and Building Department a minimum 30 days prior to the
expiration date.
6. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
7. 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 / reen-buildin -
uidelines-ratin
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:\ZA\ZALTRS\12\CDP 12-09; AP 12-08.DOC Attachment 1.3