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HomeMy WebLinkAboutAdministrative Permit APX2017014 - Notice of action Letter w Findings Conditions of Approval-644 Cit of Huntin ton Beach V9 2000 MAIN STREET CALIFORNIA 9264-8 DEPARTMENT OF COMMUNITY DEVELOPMENT pl. emn... .. D..i 714.536.5271 714.375.5155 714.536.5241 February 1, 2018 NOTICE OF ACTION SUBJECT: ADMINISTRATIVE PERMIT NO. 2017-014 (THOMPSON RESIDENCE) APPLICANTI ' PROPERTY OWNER: Rebecca Thompson and Donna Thompson, 8562 Donald Circle, Huntington Beach, CA 92647 REQUEST: To permit a three foot side yard setback in lieu of a five foot setback to permit the expansion of a single family home bathroom for wheelchair accessibility. This request for encroachment into the side yard setback area is processed pursuant to Huntington Beach Municipal Code Section 17.77 Reasonable Accommodations Procedures. LOCATION: 8562 Donald Circle (near Lucia Lane at Heil Avenue) DATE OF ACTION: February 1, 2018 On February 1, 2018, the Community Development Department of the City of Huntington Beach took action on your request and APPROVED your request with conditions. Attached to this letter are the conditions of approval for your application. Please be advised that the Department of Community Development reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to issuance of building permits. 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 project. 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 Department of Community Development is final unless an appeal is filed to the Administrative Permit No. 17-014 February 1, 2018 Page 2 of 2 Planning Commission by you or by an interested party. A person desiring to appeal the decision shall file a written notice of appeal to the Secretary of the Planning Commission within ten calendar days of the date of the Community Development Department’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. A filing fee of $2,364 shall also accompany the notice of appeal. 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. The last day for filing an appeal and paying the filing fee for the above noted application is Monday, February 12, 2018 at 5:00 p.m. If you have any questions, please contact Lindsay Omega, Contract Planner at (714) 536-5438 or via email at lindsa .orte a surfcit -hb.or or the Planning Division Zoning Information Counter at (714) 536-5271. Sincerely, Jane James Acting Director of Community Development by: Lindsay rtega Contract Planner Attachment: Conditions of Approval — Administrative Permit No. 2017-014 Cc: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Ken Domer, Assistant City Manager Jane James, Planning Manager/Acting Director of Community Development Bill Reardon, Division Chief/ Fire Marshail Debbie Debow, Principal Civil Engineer Mark Carnahan, Building Manager File ATTACHMENT NO. 1 FINDINGS OF APPROVAL — ADMINISTRATIVE PERMIT NO. 17-014 Pursuant to Huntington Beach Municipal Code Section17.77 Reasonable Accomodations Pro- cedures, a request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the reviewing au- thority finds that: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. C. The requested reasonable accommodation will not impose an undue financial or ad- ministrative burden on the City. D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City’s zoning or building laws, policies, or proce- dures. E. For housing located in the coastal zone, a request for reasonable accommodation pursuant to this chapter may be approved or conditionally approved by the City if, in addition to the findings set forth in subsections A through D of this section, it is consistent with the City's certified Local Coastal Program and the California Coastal Act to the extent feasible, and there are no feasible alternatives for providing an accommodation at the dwelling that would provide greater consistency with the certified Local Coastal Program. The proposed request for a Reasonable Accommodation to permit a three foot side yard in lieu of the code required five foot setback will permit the expansion of an existing master bathroom in order to accommodate handicap accessibility. The bathroom expansion would include a two foot pop out extension into the required side yard setback permitting the addition of a wheelchair accessible sink, a relocated toilet that would allow for unobstructed wheelchair accessibility, as well as an expanded stand up shower that would allow for a wheel chair to enter without obstruction. The proposed modifications would be necessary to accommodate the applicant’s elderly mother as she ages and would allow for her mother to maintain some independence, as well as allow for space to permit assistance. Additionally, the requested reasonable accommodation request will not impose an undue financial burden on the City, nor require a fundamental alteration to the nature of the City's zoning code, building laws, or procedures, as the cost of the modifications would be borne by the applicant and the approval is restricted to the subject property. The subject property is not located within the Coastal Zone. CONDITIONS OF APPROVAL — ADMINISTRATIVE PERMIT NO. 17-014: 1. The site plan, floor plan, and elevations received and dated November 29, 2017 shalll be the conceptually approved layout. 2. 3. Administrative Permit No. 17-014 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 Community Development Department a minimum 30 days prior to the expiration date. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. 2. 3. Administrative Permit No. 17-014 shall not become effective until the ten-calendar day appeal period has elapsed. (HBZSO Section 241.14) The Community Development Department reserves the right to revoke Administrative Permit No. 17-014, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO Section 249.06) The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (City Charter, Article V) 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.