HomeMy WebLinkAboutAdministrative Permit CDP2016014 - Notice of action Letter w Findings Conditions of Approval•
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Long Beach, CA 90802-4302
CERTIFIEDMAIL
APPLICANT:
PROPERTYOWNER:
REQUEST:
LOCATION:
CITY CONTACT:
COASTALSTATUS:
DATEOF APPEAL
EXPIRATION:
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The above application was acted upon by the Zoning Administrator of the City of Huntington
Beach on November 16 2016 and the requestwas 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 m
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detail the actions and grounds by and upon which the applicant or interested party deems
himself aggrieved.
As of December2 2016, there have been no appeals filed on the above entitlement.
•• PostageP.- &ruCertified FeePostmark0 Return Receipt Fee -6-11=1 (Endorsement Required)Hererj Restricted DeliveryFee(Endorsement Required)California Coastal Commission(r."`.-1 Total PTeresa Henrysent-roSouth Coast Area OfficeP-Utreet,AorPO 13(200 Oceangate, 10th Floor:11 • • 11.City,StaLong Beach, CA 92802-4302
'Coastal Development Permit No. 16-014
Administrative Permit No. 16-015
Page2
The action by the City is final and all local rights of appeals, as defined in the California Code of
Regulations 13573, and Subsection D of Section 245.24 of the Huntington Beach Zoning and
SubdivisionOrdinance, have been exhausted.
This project is in the Appealable portion of the coastal zone. Only projects in accordance with
Section 30603 of the California Coastal Act may be appealed to the Coastal Commission.
Action taken by the Zoning Administrator may be appealed directly to the Coastal Commission
pursuant to Title 14, Section 13573 of the California Code of Regulations and Section 245.24D
of the Huntington Beach Zoning and Subdivision Ordinance. If the above condition exists, an
aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of
the Public Resources Code, in writing to:
South Coast Area Office
California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802-4302
Attn: Teresa Henry
(562) 590-5071
The Coastal Commission review period will commence after the City appeal period has ended
and no appeals have been filed. Applicants will be notified by the Coastal Commission as to
the date of the conclusion of the Coastal Commission review. Applicants are advised not to
begin construction prior to that date.
If you have any questions, please contact the project planner at (714) 536-5271.
Judy Graham, Administrative Secretary
Huntington BeachZoning Administrator
Attachment: Notice of LocalAction for Coastal Development Permit No. 16-014
xc: Erin Cherson
Judy Graham
Ed Rohaly & Nancy Bucciarelli
Project Planner
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OFFICE of the ZONING ADMINISTRATOR
CITY OF HUNTINGTON BEACH • CALIFORNIA
P.O. BOX 190 CALIFORNIA 92648
(714) 536-5271
November 17, 2016
Erin Cherson
606 Central Avenue
Seal Beach, CA 90740
SUBJECT:
APPLICANT:
REQUEST:
PROPERTYOWNER:
LOCATION:
CITYCONTACT:
DATEOFACTION:
NOTICEOFACTION
COASTAL DEVELOPMENT PERMIT NO. 16-014,
ADMINISTRATIVEPERMIT NO. 16-015 (BUCCIARELLI
LIVE/WORK)
Erin Cherson, 606 Central Avenue, Seal Beach, CA 90740
To permit the conversion of an existing 2,935 sq. ft. single family
residence into an approximately 3,614 sq. ft. live/work unit with
478 sq. ft. office/work area and 3,136 sq. ft. of residential/garage
area. The project includes an addition of approximately 639 sq. ft.
of residential floor area and approximately 40 sq ft. of additional
garage space.
Ed Rohaly & Nancy Bucciarelli, 111 6thStreet, Huntington Beach,
CA 92648
111 6thStreet (west side of 6thSt., and south of Walnut Ave.)
Jessica Bui
November 16, 2016
On Wednesday, November 16 2016, 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.
Pleasebeadvisedthatthe ZoningAdministrator 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 recommendedthat 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.
Coastal Development Permit No. 16-014
Administrative Permit No. 16-015
Page 2
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 Nine
Hundred Seventeen Dollars ($1,917.00) if the appeal is filed by a single family dwelling property
owner appealing the decision on his own property and Two Thousand Five Hundred One
Dollars ($2,501.00) if the appeal is filed by any other party. The a eal shall be submitted to
the De artment of Communit Develo ment 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.
Inyour case, the last day for filing an appeal is December 2 2016 at 5:00 PM.
This project is in the Appealable portion of the coastal zone. Only projects in accordance with
Section 30603 of the California Coastal Act may be appealed to the Coastal Commission.
Action taken by the Zoning Administrator may be appealed directly to the Coastal Commission
pursuant to Title 14, Section 13573 of the California Code of Regulations and Section 245.240
of the Huntington Beach Zoning and Subdivision Ordinance. 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 CoastArea Office
California Coastal Commission
200 Oceangate, 10th Floor
Long Beach, CA 90802-4302
Attn: Teresa Henry
(562) 590-5071
The Coastal Commission review period will commence after the City appeal period has ended
and no appeals have been filed. Applicants will be notified by the Coastal Commission as to
the date of the conclusion of the Coastal Commission review. Applicants are advised not to
begin construction prior to that date.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any
application becomes null and void one (1) year after final approval, unless actual construction
has started, or as modified by 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 Jessica Bui, the city contact, at (714) 374-5317 or via email at
4)•
Coastal Development Permit No. 16-014
Administrative Permit No. 16-015
Page 3
Jessica.Bui surfci -hb.or or the Department of Community Development Zoning Counter at
(714) 536-5271.
Sincerely,
H-2....,---,,
Ricky Ramos
Zoning Administrator
RR:JB:jg
Attachment
c:Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Ken Domer, Assistant City Manager
Scott Hess, Director of Community Development
Jane James, Planning Manager
William H. Reardon, Division Chief/Fire Marshal
Debbie DeBow, Principal Civil Engineer
Mark Carnahan, Building Manager
Jim Brown, Fire Protection Analyst
Steve Eros, Fire Protection Analyst
Ed Rohely & Nancy Bucciarelli, Property Owner
Project File
•
ATTACHMENT NO. 1
FINDINGS AND CONDITIONS OF APPROVAL
COASTAL DEVELOPMENT PERMIT NO. 16-014
ADMINISTRATIVE PERMIT NO. 16-015
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 consists of the
conversion of a single family residential structure to one live/work unit within a mixed-use zone.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 16-014:
Coastal Development Permit No. 16-014 to permit the conversion of an existing 2,935 sq. ft.
single family residence into an approximately 3,614 sq. ft. live/work unit with 478 sq. ft.
office/work area and 3,136 sq. ft. of residential/garage area, which includes an addition of
approximately 639 sq. ft. of residential floor area and approximately 40 sq ft. of additional
garage space conforms with the General Plan, including the Local Coastal Program land
use designation of the Downtown Specific Plan. The project is consistent with Coastal
Element Policy C.1.1.1, which encourages development within, or contiguous to or in close
proximity to existing developed areas able to accommodate it. The proposed conversion of
an existing single family structure will occur on a developed site, contiguous to existing
residential and commercial developments that are compatible with a live/work use.
Coastal Development Permit No. 16-014 to permit the conversion of an existing 2,935 sq. ft.
single family residence into an approximately 3,614 sq. ft. live/work unit with 478 sq. ft
office/work area and 3,136 sq. ft. of residential/garage area, which includes an addition of
approximately 639 sq. ft. of residential floor area and approximately 40 sq ft. of additional
garage space 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
complies with the minimum onsite parking, minimum building setbacks, maximum square
footage of the live/work unit, maximum square footage of non-residential area, and the
building height requirements. The Downtown Specific Plan permits the development of a
live/work unit with approval of an administrative permit. As such, the applicant is seeking
approval of an administrative permit in conjunction with a coastal development permit.
At the time of occupancy, Coastal Development Permit No. 16-014 to permit the conversion
of an existing 2,935 sq. ft. single family residence into an approximately 3,614 sq. ft.
live/work unit with 478 sq. ft. office/work area and 3,136 sq. ft. of residential/garage area,
which includes an addition of approximately 639 sq. ft. of residential floor area and
approximately 40 sq ft. of additional garage space can be providedwith infrastructurein a
manner that is consistent with the Local Coastal Program. The proposed live/work unit will
be constructed on a developed site which involves the conversion of and minor addition to
an existing single family structure in an urbanized area with all necessary services and
infrastructure available, including water, sewer and roadways.
GAZA\ZALTRS\161CDP 16-014; AP 16-015 (Bucciarelli ilve;WOric).doc Attachment 1.1
4. Coastal Development Permit No. 16-014to permit the conversion of an existing 2,935 sq. ft.
single family residence into an approximately 3,614 sq. ft, live/work unit with 478 sq. ft.
office/work area and 3,136 sq. ft. of residential/garage area, which includes an addition of
approximately 639 sq. ft. of residential floor area and approximately 40 sq ft. of additional
garage space conforms with the public access and public recreation policies of Chapter 3 of
the California Coastal Act. The proposed live/work unit involves a minor addition to an
existing single family dwelling that is compatible in design, massing, and scale of the
surrounding neighborhood and will not impede public access, recreation, or public views to
coastal resources.
FINDINGS FOR APPROVAL - ADMINISTRATIVE PERMIT NO. 16-015:
1. Administrative Permit No. 16-015 for the conversion of an existing 2,935 sq. ft. single family
residence into an approximately 3,614 sq. ft. live/work unit with 478 sq. ft. office/work area
and 3,136 sq. ft. of residential/garage area, which includes an addition of approximately 639
sq. ft. of residential floor area and approximately 40 sq ft. of additional garage 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 project
involves a minor expansion to an existing single family structure and is designed to be
compatible with the surrounding mix of commercial and residential uses. In addition, there
are necessary services and infrastructure in place to accommodate the live/work use, and
the project will not impede public access, recreation, or views to coastal resources. Lastly,
the project complies with the minimum onsite parking, minimum building setbacks,
maximum square footage of the live/work unit, maximum square footage of non-residential
area, and the building height requirements,
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 16-014
/ADMINISTRATIVE PERMIT NO. 16-016:
The site plan, floor plans, and elevations received and dated September 19, 2016 shall be
the conceptually approved design with the following modification: the third story roof
structure and roof projections, including overhangs, must be setback an average of 10 feet
from the ground floor building fagade. (SP 5 Section 3.3.1.9)
Prior to submitting for building permits, the applicant shall submit a revised set of plans
pursuant to Condition No. 1 in order to update and include the approved plans for the
entitlement records for CDP No. 16-014.
CDP No. 16-014 and AP No. 16-015 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 Division a minimum 30
days prior to the expiration date.
The Development Services Departments and divisions (Building & Safety, Fire, Planning
and Public Works) shall be responsible for ensuring compliance with all applicable code
requirements and conditions of approval. The Director of Community Development may
approve minor amendments to plans and/or conditions of approval as appropriate based on
changed circumstances, new information or other relevant factors. Any proposed
plan/project revisions shall be called out on the plan sets submitted for building permits.
Permits shall not be issued until the Development Services Departments have reviewed
GAZA\ZALTRS\161CDP16-014;AP 16-015(BucciarelliLive;Work).doc Attachment1.2
•
and approved the proposed changes for conformance with the intent of the Zoning
Administrator's action. If the proposed changes are of a substantial nature, an amendment
to the original entitlement reviewed by the Zoning Administrator may be required pursuant
to the provisions of HBZSO Section 241.18.
5. 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 11)=19 or Build It Green's
Green Building Guidelines and Rating Systems htt ://www.buildit reen.or / reen-buildin -
guidelines-rating).
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.
GAZAVALTRS\16\CDP 16-014; AP 16-015 (Bucdarelli Live;Work).doc Attachment 1.3
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November 10,2016
Erin Cherson
606 Central Avenue
Seal Beach, CA 90740
APPLICATION:
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application.
Please be advised that the Design Review Board reviews the conceptual plan as a basic
request for entitlement and forwards a recommendation to the Zoning Administrator. The
conceptual plan should not be construed as a precise plan, reflectingconformanceto all Zoning
and Subdivision Ordinance requirements. Please note that there may be additional
requirementspriorto commencementof the project.
DR No. 16-010 ,
November 10, 2016
Page 2 of 2
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action
taken by the Design Review Board is only a recommendation and is not appealable. The
recommendation of the Design Review Board will be forwarded to the Zoning Administrator for
consideration. You will be notified of the pendinghearing date.
If you have any questions, please contact Jessica Bui, Assistant Planner at (714) 374-5317 or
via email at Jessica.Bui surfci -hb.or or the Planning Division Planning and Zoning
InformationCounter at (714) 536-5271.
Sincerely,
Jess Bui, Secretary
Desgn Review Board
JB:JJ
ATTACHMENTS:
Recommended Conditions ofApproval: DR No. 16-010
cc: Honorable Mayor and City Council
Chair and Planning Commission
Fred A. Wilson, City Manager
Ken Domer, Assistant City Manager
Scott Hess, Director of Planning & Building
Jane James, Planning Manager
Bill Reardon, Division Chief / Fire Marshall
Debbie DeBow, Principal Civil Engineer
Mark Camahan, Building Manager
Ed Rdhaly & Nancy Bucciarelli, Property Owner
Project File
ATTACHMENT NO. 1
RECOMMENDEDCONDITIONS OF APPROVAL
DESIGN REVIEW NO. 16-010
RECOMMENDEDCONDITIONS OF APPROVAL - DESIGN REVIEW NO. 16-010
1. The site plan, floor plans, and elevations received and dated September 19, 2016 shall be
the conceptually approved design with the following modification: the third story roof struc-
ture and roof projections, including overhangs, must be setback an average of 10feet from
the ground floor building.
INDEMNIFICATIONAND HOLD HARMLESSCONDITION:
The owner of the propertywhich 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 defense
thereof.
Attachment 1.1