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HomeMy WebLinkAboutAdministrative Permit APX2018007 - Notice of action Letter w Findings Conditions of ApprovaliA 1Y-6 Cit o f H u n t i n t o n B e a c h 2000 M A I N S T R E E T CALIFORNIA92648 DEPARTMENTOFCOMMUNITYDEVELOPMENT Plannin Division Code E n f o r c e m e n t D i v i s i o n Buildin D i v i s i o n 714/536-5271 714/375-5155 714/536-5241 NOTICE O F A C T I O N June 7, 2018 SUBJECT:ADMINISTRATIVE P E R M I T N O . 1 8 - 0 0 7 ( O A K M O N T H E I G H T W A I V E R ) APPLICANT:Advocacy D e v e l o p m e n t P a r t n e r s , P a u l B u n t o n , 3 7 7 5 B e a c o n A v e , S u i t e 229, F r e m o n t , C A 9 4 5 3 8 PROPERTY OWNER:Oakmont o f H u n t i n g t o n B e a c h L L C , 9 2 4 0 O l d R e d w o o d H w y , S u i t e 2 0 0 , Windsor, C A 9 5 4 9 2 REQUEST:To p e r m i t a w a i v e r o f d e v e l o p m e n t s t a n d a r d s , p u r s u a n t t o S e c t i o n 2 4 1 . 2 2 of t h e H u n t i n g t o n B e a c h Z o n i n g & S u b d i v i s i o n O r d i n a n c e , t o a l l o w a 2 . 7 % waiver o f t h e h e i g h t m a x i m u m t o p e r m i t 3 6 f e e t i n l i e u o f t h e m a x i m u m allowed h e i g h t o f 3 5 f e e t . LOCATION:18922 D e l a w a r e S t r e e t , 9 2 6 4 8 ( e a s t s i d e o f D e l a w a r e S t r e e t b e t w e e n Main S t r e e t a n d G a r f i e l d A v e n u e ) DATE OF ACTION:June7, 2 0 1 8 On June 7, 2018, the Community Development Department of the City of Hunt i n g t o n B e a c h took action on your application, and your application was conditionall a r o v e d . Attached t o this letter are the findings and conditions of approval for your application. Please be advised that the Community Development Department reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to the 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. Administrative Permit No. 18-007 June 7, 2018 Pg. 2 of 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the a c t i o n taken by the Community Development Department is final unless an appeal is filed to the 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 (10) 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 $2,660 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 Monda J u n e 1 8 2018 at 5:00 .m. If you have any questions, please contact Lindsay Ortega at (714) 536-5438 (Lindsay.ortega@surfcity-hb.org) or the Planning and Building Zoning Information Counter at (714) 536-5271. Sincerely, Jane James Interim Community Development Director by: Lindsay rtega Contract Planner Attachments: Findings and Conditions of Approval —Administrative Permi t N o . 1 8 - 0 0 7 Cc: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Lori Ann Farrell, Assistant City Ma n a g e r Jane James, Interim Director of Community Development Bill Reardon, Division Chief / Fire Marshall Debbie Debow, Principal Civil Engineer Mark Carnahan, Building Manager Project File ATTACHMENT N O . 1 FINDINGS FOR APPROVAL—ADMINISTRATIVE PERMIT NO. 18-007: The proposed 1-foot increase in height will result in a 2.7% deviation from the maximum 35 foot height limit within the Medium Density Residential (RM) D i s t r i c t , w h i c h d o e s n o t e x c e e d the 10 percent deviation allowable by a Waiver of Development Standards, pursuant to Section 241.22 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The granting of a waiver for the pro p o s e d p r o j e c t t o e x c e e d t h e m a x i m u m h e i g h t l i m i t b y 2.7% percent provides for a project that meets desired design objectives, maintains neighborhood compatibility, and ensures compliance with City zoning standards to the extent practicable. The originally proposed project was previously approved by the Planning Commission on March 28, 2017. Due to a topographical survey error it was determined that the top of curb was measured inaccurately resulting in an overall height of 36 ft. which is one foot above the maximum permitted height of 35 ft. In order to rectify the error, the applicant is seeking a Waiver of Development Standards, which would allow for a 10% deviation from the code requirement. The one-foot increase will not in any way degrade the environme n t o r r e s u l t i n any changes to land use or density. Maintaining the current ceiling h e i g h t s f o r t h e a s s i s t e d living facility improves the health and well-being of residents who primarily live within the confines of the facility. The proposed project will be architecturally compatible with the existing uses and surrounding neighborhood. With the exception of the proposed one foot height increase, the proposed project, a s c o n d i t i o n e d , c o n f o r m s t o a l l a p p l i c a b l e development standards. CONDITIONS OF APPROVAL—ADMINISTRATIVE PERMIT NO. 18-007: The site plan, floor plan, and elevations received and dated May 8, 2018 shall be the conceptually approved layout. All other conditions of approval of Conditional Use Permit No. 2016-036 shall remain in effect. 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 t o ) t h o s e r e c o m m e n d e d b y t h e U . S . G r e e n 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 G r e e n ' s Green Building Guidelines a n d R a t i n g S y s t e m s ( h t t : / / w w w . b u i l d i t r e e n . o r f reen-buildin - quidelines-ratinq). INFORMATION ON SPECIFIC CODE REQUIREMENTS: The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the C i t y f o r r e v i e w a n d a p p r o v a l . Administrative Permit No. 18-007 shall not become effective until the ten-calendar day appeal period has elapsed. Administrative Permit No. 18-007 shall become null and void unless exercised with i n s i x months 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 Community Development Department reserves the right to revoke Administrative Permit No. 18-007, 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. 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. INDEMNIFICATIONAND HOLD HARMLESSCONDITION 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.