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HomeMy WebLinkAbout1993-05-261 MINUTES HUNTINGTON BEACH OFFICE OF ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach, California WEDNESDAY, MAY 26, 1993 - 1:30 P.M. ACTING ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Wayne Carvalho MINUTES: The Minutes of May 5 and May 19, 1993 Zoning Administrator Meetings were continued. ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 93-6/CONDITIONAL EXCEPTION Applicant: Augusto V. Del Rosario 17955 Calle Barcelona Rowland Heights, CA 91748 Request: To permit a 2,135 square foot two story addition to an existing two (2) story residence with variances to front yard setback for the dwelling (3' in lieu of minimum 15') and garage (3' in lieu of minimum of 10') pursuant to Sections 989.5.2 and 9110.6 of the Huntington Beach Ordinance Code. Location: 16902 Marina Bay Drive Wayne Carvalho, Staff Planner, reported that the applicant is required to obtain a Coastal Development Permit because the proposed addition exceeds ten percent of the existing floor area. The variance requests are for reduced front yard and upper story setbacks. Staff advised that Tract No. 8040 on Coral Cay was built with reduced street width and sidewalks with a variation of four to twelve feet from the property line to rear edge of the sidewalk. Staff said that other variances had been approved for reduced front setbacks within the tract. Staff concluded by recommending approval with minor changes to the site plan, findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. Mr. Del Rosario, the applicant, was present and concurred with the suggested changes to the site plan and conditions of approval. There were no other persons present to speak for or against the request and the public hearing was closed. COASTAL DEVELOPMENT PERMIT NO. 93-6/CONDITIONAL EXCEPTION NO. 93-15 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS AND ANOTHER TEN (10) WORKING DAYS TO THE COASTAL COMMISSION. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 93-6: 1. The request to permit the remodel and 2,135 square foot two story addition to an existing two-story single family residence conforms with the plans, policies, requirements and standards of The Coastal Element of the General Plan. The proposed 2,135 square foot two story addition will not impact public views or access. 2. Coastal Development Permit No. 93-6 is consistent with the CZ suffix zoning requirements, the R1 Zoning District, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The proposed development will conform with all applicable City codes except for variances granted under Conditional Exception No. 93-15. 3. At the time of occupancy, the proposed remodel and 2,135 square foot two story addition to an existing two-story single family residence will be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. All infrastructure currently exist to the site. 4. The proposed remodel and 2,135 square foot two story addition to an existing two story single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. FINDINGS FOR APPROVAL_ -_CONDITIONAL EXCEPTION NO. 93-15: 1. The granting of Conditional Exception No. 93-15 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The subject property is located within a tract that had several variances granted for reduced front yard setbacks due to the varying distances between the sidewalk and property lines. I. ZA Minutes - 5/26/93 -2- (6863d) C 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The proposed addition will meet the intent of the Huntington Beach Ordinance Code by maintaining a minimum 10' garage setback and 15' upper story setback from the back of sidewalk. 3. The granting of Conditional Exception No. 93-15 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 93-15 will allow for a 2,135 square foot two story addition to an existing single family residence. 4. The granting of Conditional Exception No. 93-15 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed addition will maintain a minimum eleven foot setback from the sidewalk due to the eight foot distance between the sidewalk and front property line. 5. The granting of Conditional Exception No. 93-15 will not adversely affect the General Plan of the City of Huntington Beach. The two story addition is consistent with the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 23, 1993 shall be the conceptually approved layout with the following modifications: a. The upper story setback shall be a minimum 15' from back edge of sidewalk. 2. A revised set of plans incorporating the modifications above shall be submitted to the Department of Community Development prior to submittal of building permits. 3. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 4. All proposed dock and ramp improvements shall require separate permits for the improvements located within the public waterways. ZA Minutes - 5/26/93 -3- (6863d) 5. All proposed cantilevered deck improvements require separate permits for the improvements. 6. 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. 7. An automatic sprinkler system shall be installed throughout to comply with Huntington Beach Fire Department and Uniform Building Code standards. 8. Water service shall be upgraded to include a two inch (2") water meter and back flow device pursuant to Public Works standards. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 93-6 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ITEM 2: USE PERMIT NO. 93-27/CONDITIONAL EXCEPTION 93-14 Applicant: Joseph R. Perry 1111 Park Street Huntington Beach, CA 92648 Request: To permit a remodel and 1,650 square foot two story addition to existing one story residence with nonconforming side yard setbacks (4' in lieu of 5') pursuant to Sections 9110.7 and 9652(c) of the H.B.O.C. Location: 1111 Park Street Wayne Carvalho, Staff Planner, reported that the applicant was proposing to remodel an existing one story residence to two (2) stories with nonconforming side yard setbacks. The property is zoned R1 which requires five foot setbacks. Staff advised that the proposal includes four (4) foot sideyard setbacks and maintains the required open space. Staff concluded by recommending approval due to the lot width of fifty feet instead of the standard sixty foot width with findings and conditions of approval. [1 1 ZA Minutes - 5/26/93 -4- (6863d) THE PUBLIC HEARING WAS OPENED. Joseph Perry, the applicant, said that the two adjacent lots have nonconforming side yard setbacks. He said he had discussed the addition with the neighbors and they support the request. There were no other persons present to speak for or against the request and the public hearing was closed. USE PERMIT NO. 93-27/CONDITIONAL EXCEPTION NO. 93-14 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN CALENDAR (10) DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO 93-27: 1. The establishment, maintenance and operation of the proposed remodel and 1,650 square foot, two (2) story addition will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The proposed addition will maintain four (4) foot sideyard setbacks and will conform with all other provisions of the Huntington Beach Ordinance Code. b. Property and improvements in the vicinity of such use or building. The applicant/property owner will dedicate and improve half of the alley and will relocate/construct the garage to comply with code requirements. 2. The granting of Use Permit No. 93-27 will not adversely affect the General Plan of the City of Huntington Beach. The remodel and 1,650 square foot, two (2) story addition is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO 93-14: 1. The granting of Conditional Exception No. 93-14 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. The subject property is located within a tract with various lot sizes and frontages. The lot has a 50 foot frontage in lieu of 60 feet for standard R1 lots. ZA Minutes - 5/26/93 -5- (6863d) 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The subject property has a reduced lot width (50 feet in lieu of the minimum 60 feet) which restricts the design of the addition. 3. The granting of Conditional Exception No. 93-14 is necessary in order to preserve the enjoyment of one or more substantial property rights. The granting of Conditional Exception No. 93-14 will allow for a 1,650 square foot addition to an existing single story residence. 4. The granting of Conditional Exception No. 93-14 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The proposed addition will maintain the existing four foot sideyard setbacks and will comply with all other provisions of the Huntington Beach Ordinance Code. 5. The granting of Conditional Exception No. 93-14 will not adversely affect the General Plan of the City of Huntington Beach. The 1,650 square foot addition is consistent with the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated April 16, 1993 shall be the conceptually approved layout with the following modifications: a. The garage shall be located a minimum 716" from the rear property line (after dedication) and 5' from side property line. 2. A revised site plan shall be submitted depicting the modifications described above prior to submittal for building permits. 3. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. ZA Minutes - 5/26/93 -6- (6863d) 1 E 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. The applicant/property owner shall dedicate two and one-half (2'6") of alley pursuant to Public Works requirements. 7. The applicant shall remove and replace half of the alley per Public Works Department standards. 8. The existing brick sidewalk shall be removed or approved to comply with Public Works Department standards. 9. A residential Automatic Fire Sprinkler System shall be installed throughout the occupancy to comply with Fire Department and National Fire Protection Association 13D standards. 10. A two (2) inch water meter shall be required for supplying the household and fire sprinkler system demands. 11. Smoke detectors shall be installed in the residence pursuant to Uniform Building Code. 12. The roof shall be a non-combustible type approved by the Fire Department and installed pursuant to UBC standards. 13. 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. 14. The relocated/new garage shall be constructed concurrently with the remodeled residence. Both structures shall receive final building permit approval simultaneously. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 93-27/Conditional Exception No. 93-14 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes - 5/26/93 -7- (6863d) THE MEETING WAS ADJOURNED AT 2:15 PM THE NEXT REGULARLY SCHEDULED MEETING WEDNESDAY, JUNE 2, 1993 AT 1:30 PM. 7�'f Herb Fauland Acting Zoning Administrator :jr BY THE ZONING ADMINISTRATOR TO OF THE ZONING ADMINISTRATOR ON [1 I ZA Minutes - 5/26/93 -8- (6863d)