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HomeMy WebLinkAboutExtension of Time APX2004010 - Notice of Action Letter with Findings & ConditionsCit of Huntin ton Beach 2000 MAIN STREET CALIFORNIA 92648 DEPARTMENT OF PLANNING AND BUILDING www.huntin onbeachca. ov Plannin Division 714.536.5271 November 28, 2011 Marcus Kemmerer 226 Crest Avenue Huntington Beach, CA 92648 Buildin Division 714.536.5241 Subject: Extension of Time No. 11-012 (Administrative Permit No. 2004-010 Variance No. 2004-002 - 226 Crest Avenue) Dear Mr. Kemmerer: The City of Huntington Beach Planning & Building Department has reviewed and approved the extension of time request dated November 14, 2011, for Administrative Permit No. 2004-010 and Variance No. 2004-002 approved by the Zoning Administrator on November 7, 2007. Pursuant to Section 241.16 of the Huntington Beach Zoning and Subdivision Ordinance, the extension of time is granted for a one-year period from the most recently approved extension of time (November 7, 2011). Thus, Administrative Permit No. 2004-010 and Variance No. 2004- 002 is valid through November 7, 2012, with all previous conditions of approval for each entitlement to remain in effect. Should another extension of time be necessary, a written request shall be submitted to the Planning & Building Department with all applicable fees a minimum 30 days prior to the new expiration date. If you have any questions regarding this notice or the status of your entitlements, please call the Planning & Building Department at (714) 536-5271. Sincerely, Scott Hess, AICP Director of Planning & Building by: Jill Arabe Assistant Planner xc: Herb Fauland, Planning Manager Project File G:\PLANNING\Extension of Time\226 Crest 112811.docx i KEMMERER 228 Crest Avenue November 7, 2011 City of Huntington Beach Planning Department 2000 Main Street Huntington Beach, CA 92648 Attention: Jason Kelly Huntington Beach, CA 92648 REcE%\JED 1,&2011 3rd Extension Reauest Letter:TAU" Kemmerer Residence 226 Crest Avenue Huntington Beach, CA 92648 Dept o{ planrnn9 & gu ldm9 Administrative Permit No. 2004-10 ,i t>arl Variance No. 2004-02 Extension Re uest: We are asking an extension to the above mentioned Permit and Variance for One year We have received Financing for the Project and are currently we are working on the Construction Documents for Submittal to the Building Department It is our goal to submit Drawings to the Planning and Building Department by the end of November and to start construction by the Spring of 2012 Therefore we ask that an extension, for a period of One year, is granted to Administrative Permit No. 2004-10 and Variance No. 2004-02 Thank you for your consideration in this matter, Marcus Kemmerer marcus@kdarch com- v+n DESIGN Ar ©t4 -OC)Z ARCHITECTURE, INC. ® V X41-1 rr r Tel 714 655 3139 Fax 714 969 9059 IiA Inc ,t f""( - 1, 0'0 OFFICE of the ZONING ADMINISTRATOR CITY OF HUNTINGTON BEACH • CALIFORNIA -------------------------------------- P.O. BOX 190 CALIFORNIA 92648 (714) 536-5271 November 8, 2007 Marcus Kemmerer 226, Crest Ave. Huntington Beach CA 92648 NOTICE OF ACTION SUBJECT: Administrative Permit No. 2004-10 and Variance No. 2004-02 (Kemmerer Addition) APPLICANT: Marcus Kemmerer REQUEST: AP: 1) To permit a second floor addition to an existing single family residence to match an existing non-conforming front yard setback of 10 ft. in lieu of the minimum required front yard setback of 15 ft and 2) to permit the addition to match a non- conforming side yard setback of 4 ft. in lieu of the minimum required side setback of 5 ft. VAR: 1) To permit an approximately 1,732 sq. ft. second floor addition to a non- conforming structure in lieu of the maximum allowed square footage of 766 sq. ft. and 2) to allow the addition at a 5 ft. rear setback in lieu of the minimum required rear yard setback of 10 ft. PROPERTY OWNER: Marcus Kemmerer, 226 Crest Ave., Huntington Beach CA 92648 LOCATION: 226 Crest Avenue, 92648 (north side of Crest Ave. between Main St. and Lake St.) PROJECT PLANNER: Rami Talleh DATE OF ACTION: November 7, 2007 On Wednesday, November 7 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 Administrative Permit 1100 2004-10 • Variance No. 2004-02 Page Two 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 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) calendar 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 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. In your case, the last day for filing an appeal and paying the filing fee is November 18 2007. 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. 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, Rami Talleh by telephone at (714) 374- 1682, by email at rtalleh surici -hb.or , or the Planning Department Zoning Counter at (714) 536-5271. Sincerely, Mary Beth Broeren Zoning Administrator MBB:RT:pa Attachment Administrative Permit . 2004-10 Variance No. 2004-02 Page Three c: Honorable Mayor and City Council Chair and Planning Commission Penelope Culbreth-Graft, City Administrator Paul Emery, Deputy City Administrator Scott Hess, Director of Planning Herb Fauland, Principal Planner William H. Reardon, Division Chief/Fire Marshal Terri Elliott, Principal Civil Engineer Gerald Caraig, Permit-Plan Check Manager Marcus Kemmerer, Property Owner Project File REVISED FINDINGS AND CONDITIONS OF APPROVAL ADMINISTRATIVE PERMIT NO. 2004-10 VARIANCE NO. 2004-02 FINDINGS FOR PROJECTS EXEMPT FROM CE A: 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 consists of an addition to an existing single family home. FINDINGS FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 2004-10: 1. Administrative Permit No. 2004-10 for the construction of a second floor addition to an existing single family residence to match an existing non-conforming front yard setback of 10 ft. in lieu of the minimum required front yard setback of 15 ft. and to match a non-conforming side yard setback of 4 ft. in lieu of the minimum required side yard setback of 5 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. 2. The conditional use permit will be compatible with surrounding uses because the proposed addition will result in a single family home with a similar height, similar materials. 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. In addition, any specific condition required for the proposed use in the district in which it would be located, except for any variances approved concurrently. 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 (Residential Low Density) on the subject property. FINDINGS FOR APPROVAL - VARIANCE NO. 2004-02: 1. The granting of Variance No. 2004-02 to permit an approximately 1,732 sq. ft. second floor addition to a non-conforming structure in lieu of the maximum allowed square footage of 766 sq. ft. and to allow the addition at a 5 ft. rear yard setback in lieu of the minimum required rear yard setback of 10 ft. will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other additions of equal or greater sizes have been constructed throughout the neighborhood. In addition, the neighborhood is developed with mixture of new and old residences which have varying setbacks along street and alleys. 2. Because of special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the zoning ordinance is G:\ZA\ZALTRS\07WP 2004-10-VAR 2004-02.Doc Attachment 1.1. r found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The property is bounded by Crest Ave. in the front, an alley along the side, and an alley along the rear. The street and alleys come together at different angles creating an odd shaped triangular parcel of land. In addition, dedications will be taken as part of the project to widen the alleys, which effectively reduce the lot area. Due to the size and shape of the parcel the existing structure is non-conforming. Limiting the addition to 50% of the existing structure or 766 sq. ft. will deprive the subject property of privileges enjoyed by other properties without these unique circumstances. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to provide adequate size addition similar to other additions in the neighborhood. 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 granting of the variance would provide for property rights consistent with other properties in the vicinity developed with a single-family dwelling. 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. The requested variance accounts for the unique size and shape of the lot The granting of the variance would provide for property rights consistent with other properties in the vicinity developed with a single-family dwelling. G:\ZA\ZALTRS\07\AP 2004-10-VAR 2004-02.Doc Attachment 1.2. r CONDITIONS OF APPROVAL - ADMINISTRATIVE PERMIT NO. 2004-02 AND VARIANCE NO. 2004-02: 1. The site plan, floor plans, and elevations received and dated April 10, 2007 shall be the conceptually approved design with the following modifications: a. The second floor balcony above the garage may be converted to habitable space. b. The garage shall have no obstructions within the required 18 ft. wide by 19 ft. deep parking area. 2. Prior to issuance of Building Permits, the property owner shall sign, notarize, and record with the County Recorder a covenant assuring that the single-family residence will be maintained as one (1) dwelling unit. 3. Prior to finalization of Building Permits, the kitchen facility within the guest house shall be removed. 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\07 AP 2004-10-VAR 2004-02.Doc Attachment 1.3.