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HomeMy WebLinkAbout1995-02-08MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 8, 1995 - 1:30 P.M. ZONING ADMINISTRATOR: STAFF MEMBER: MINUTES: ORAL COMMUNICATIONS - SCHEDULED ITEMS: Michael Strange Jane Madera, Susan Pierce, Kim Langel None (3 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) ITEM 1: CONDITIONAL USE PERMIT NO. 95-4/CONDITION EXCEPTION (VARIANCE) NO.94-38 Applicant/ Property Pat and Gina Gleason Owner: 214 Walnut Avenue Huntington Beach, CA 92648 Request: CUP: To permit an addition to a structure along the existing non conforming four (4) foot setback in lieu of a five (5) foot setback pursuant to Section 9652 of the Huntington Beach Ordinance Code. VARIANCE: To allow a carport at a three (3) foot setback in lieu of a five (5) foot setback required by Section 9120.7(a) of the Huntington Beach Ordinance Code. Location: 806 Main Street Susan Pierce, staff planner, stated that this was a request to permit an addition to a structure along the existing non conforming four (4) foot setback in lieu of a five (5) foot setback pursuant to Section 9652 of the Huntington Beach Ordinance Code and a variance to allow a carport at a three (3) foot setback in lieu of a five (5) foot setback requirement by Section 9120.7(a) of the Huntington Beach Ordinance Code. The subject property is located at 806 Main Street, east of Main Street, between Crest and Tenth. The property is zone (Q)RM, Residential Medium Density. The (Q) limits the building height to two (2) stories. Staff stated that the property consists of a single family structure construction in 1905. The architectural style for the dwelling is Colonial Revival. The north side of the dwelling exists at a non conforming four (4) foot setback in lieu of a five (5) foot setback. At the rear of the property is a two (2) garage with a one (1) bedroom unit above. The property owner proposes to remove a portion of the enclosed porch area, single car garage on the south side, and an existing shower on the north side. New construction consists of a single car carport, 520 square foot addition on the first floor and 1,060 square feet on the second floor. Minor exterior alterations will occur with the introduction of a rock chimney and rock facade to the front porch. a small room roof will be removed from the porch roof. A variance has been filed to allow the new carport at a three (3) foot setback in lieu of five (5) feet and a conditional use permit filed to allow additions to a structure with non conforming setbacks. Additions determined minor in nature may also be constructed along the existing non conforming setback. The location of the existing two (2) car garage allows parking for two (2) vehicles between the garage and the south property line. The new carport will replace the garage to be removed. The site will continue to provide parking for five (5) vehicles as required by the Zoning Code. The new carport affords a three (3) foot setback from the south property line, the existing garage is located at the property line. The new carport will provide an area to buffer the parking space from the adjacent property. Staff believes that approximately 20 feet of the second floor addition (20 square feet) which follows the existing four (4) feet non conforming setback is minor in nature. The new first floor and the area directly above conform to the required five (5) foot setback. The applicant proposes an addition that is architecturally compatible with the existing Colonial Revival design. Staff recommends, however, that the Design Review Board review the material and colors of the proposed addition prior to issuance of building permits. Other special conditions would include that a landscape and a grading plan shall be submitted to Public Works for review and approval, there shall be a 2.5 foot alley dedication and the Design Review Board shall approve materials and colors. Also Prior to final inspection or certificate of occupancy, whichever comes first, the applicant shall remove and replace existing sidewalk and drive approach and remove and replace 1/2 of the alley. Staff also recommends that conditions be added to support the existing mature date palm tree in the parkway to remain and the applicant shall initiate a merger request and, if approved, file a Covenant to hold as one (1) parcel. Staff recommends approval of the request with findings and suggested conditions of approval. THE PUBLIC HEARING WAS OPENED. William Guidero, 342-62nd Street, Newport Beach, representing applicant, stated that they supported staff's recommendations. THE PUBLIC HEARING WAS CLOSED. ZA Minutes 2/8/95 2 (1\4IN0208) CONDITIONAL USE PERMIT NO.95-4 AND VARIANCE NO.94-38 WERE APPROVED AS MODIFIED BY STAFF 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) CALENDAR DAYS. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO.95-4: Conditional Use Permit No. 95-4 to allow an addition to a structure along an existing non conforming four (4) foot setback will not be detrimental to the general welfare of persons residing or working in the vicinity or property and improvements in the vicinity of such use or building because only approximately 20 square feet are proposed to be constructed along a non conforming setback. The non conforming setback is preferred because this setback affords a more structurally sound design, reduces the possibility of water damage to the area below if constructed at the required setback, and maintains the architectural design of the structure of historic significance. 2. The granting of Conditional Use Permit No. 95-4 will not adversely affect the General Plan of the City of Huntington Beach. The addition to a structure along an existing non conforming setback is consistent with the goals and objectives of the Residential Low Density Land Use designation of the General Plan. The General Plan allows a consistency finding for residential sites under one acre in size. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 94-38: 1. The granting of Conditional Exception No. 94-38 will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification because the carport setback will comply with the minimum setback required by the Uniform Building Code. 2. Because of special circumstances applicable to the subject property, 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 house, which was originally constructed in 1905, is classified as a historic structure, class B, by the Historic Resources Study. Granting of the variance permits an addition to the structure while maintaining the historic quality and integrity. 3. The granting of Conditional Exception No. 94-38 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications and preserves the enjoyment of one -or more substantial property rights because adequate parking will be provided and building separation from adjacent properties will be maintained. .ZA Minutes 2/8/95 3 (MIN0208) 4. The granting of Conditional Exception No. 94-38 will not adversely affect the General Plan of the City of Huntington Beach because the applicant will provide adequate parking for the uses on the site, adequate separation between structures and property lines, and a three (3) foot buffer between adjacent properties. 5. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 94-38 is sought and he will proceed to do so without unnecessary delay. SPECIAL CONDITIONS OF APPROVAL -CONDITIONAL USE PERMIT NO. 95-4/ CONDITIONAL EXCEPTION (VARIANCE) NO. 94-38: The site plan, floor plans, and elevations received and dated January 11, 1995 shall be the conceptually approved layout. 2. The elevations shall include colors and materials of all exterior improvements and shall be approved by the Secretary of the Design Review Board. 3. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 5. Prior to the issuance of building permits the applicant shall complete the following: a. A Landscape Construction Set must be submitted to the Department of Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plan materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. The set must be approved by both Community Development and Public Works departments prior to issuance of building permits. The existing mature date palm tree in the parkway shall remain. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. c. Dedicate 2.5 feet along the rear property line for alley purposes. .ZA Minutes 2/8/95 4 (MIN0208) d. The applicant shall initiate a merger request and, if approved, file a Covenant to Hold As One Parcel with the Orange County Recorder for recordation. A copy of the recorded covenant shall be submitted to the Department of Community Development. 6. Prior to final inspection or certificate of occupancy, whichever comes first, the applicant shall: a. Remove and replace existing sidewalk and drive approach. b. Remove and replace 1/2 alley. 7. 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. 8. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 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 the Conditional Use Permit and the Conditional Exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs. ZA Minutes 2/8/95 5 (MIN0208) ITEM 2 - CONDITIONAL USE PERMIT NO.94-37/COASTAL DEVELOPMENT PERMIT NO. 94-18 Applicant: Brion S. Jeannette 470 Newport Newport Beach, CA 92663 Property Owner: Fred and Carol Lerner 3260 El Dorado Drive Long Beach, CA 90808 Request: CDP: To permit the construction of a new 6,186 square foot single family residence (square footage includes garage, first, second, and third levels), pursuant to Section 989.5.3 of the Huntington Beach Ordinance Code. CUP: To permit the construction of a 490 square foot third story pursuant to Section 9110.4 of the Huntington Beach Ordinance Code. Location: 3311 Easter Circle Jane Madera, staff planner, stated that this was a request to demolish an existing single family home and build a new single family residence with a pop up third story at 3311 Easter Circle. The coastal development permit is for the construction of the new 6,186 square foot single family residence (square footage includes garage, first, second, and third levels), pursuant to Section 989.5.3 of the Huntington Beach Ordinance Code. The conditional use permit is to permit the construction of a 490 square foot third story pursuant to Section 9110.4 of the Huntington Beach Ordinance Code. Staff showed floor plans and elevations. Staff explained that the third story would go out towards the public right-of-way of the water and is designed to be as far away from the adjacent properties as possible for privacy issues. The third story is listed on the floor plans as a study and exercise room. There is also a balcony however, there is no access to it. The elevations show the tower structure where the interior spiral staircase would be located from the first to the second floor. The windows in the tower, while above the second story plate height do not contain any livable or walkable area so they do not pose a privacy concern. These windows are basically an architectural feature and provide interior light. There is an issue with three (3) windows in the third story. A requirement for third stories is that it be contained within the second story roof volume so it does not look like a third story. The windows while they appear at a third story height are actually within the second story roof volume and they provide no privacy issues because standing in the room you would not be able to look out onto an adjacent property. The windows face towards the front and the side. ZA Minutes 2/8/95 6 (1\4IN0208) Staff stated that they could support the project because the third story design is clearly contained in the second story roof volume, the windows pose no privacy issues and it complies with all height requirements. Staff would recommend that the conditions of approval include, that a bath flow device be installed to the domestic water system and Fire Department will require automatic sprinklers, and a two (2) inch water service. Staff recommends approval of the request with findings and conditions. THE PUBLIC HEARING WAS OPENED. Brion S. Jeannette, 470 Old Newport Boulevard, Newport Beach, applicant, spoke in support of the staffs recommendation. Patricia Hochschild, 4841 Curtis Circle, adjacent property owner, stated that she had no concerns regarding the proposed project. THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 94-37 AND COASTAL DEVELOPMENT PERMIT NO. 94-18 WERE APPROVED AS MODIFIED BY STAFF 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 94-18: 1. The request to permit the demolition of an existing single family residence and construction of a new three (3) story home conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed 6,186 square foot single family residence will not impact public views or access as none currently exist in the vicinity. 2. Coastal Development Permit No. 94-18 is consistent with the CZ suffix zoning requirements, the RI 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, such as maximum height, site coverage, setbacks and parking. 3. At the time of occupancy, the proposed construction of a new 6,186 square foot three 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, however, some upgrades to utilities such as a two (2) inch water service and a backflow device will be provided with the conditions of approval imposed. 4. The proposed construction of a new 6,186 square foot single family residence conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. ZA Minutes 2/8/95 7 (MIN0208) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-37: Conditional Use Permit No. 94-37 for the construction of a third story in conjunction with a new 6,186 square foot single family residence will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. Privacy of adjacent single family "residences will be protected as the proposed third story is located at the rear of the home adjacent to the water. The property is on a corner lot with water frontages on two (2) sides, therefore, the adjacent single family residences are situated substantially ,away from the third story. In addition, there will be no access to the deck on the third story. b. Property and improvements in the vicinity of such use or building . The proposed third story has the appearance of a two story home as all habitable area is contained within the confines of the second story roof volume. 2. The granting of Conditional Use Permit No. 94-37 for the construction of a third story in conjunction with a new 6,186 square foot single family residence will not adversely affect the General Plan of the City of Huntington Beach. The third story is consistent with the goals and objectives of the Low Density Residential Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated January 17, 1995 shall be the conceptually approved layout. 2. Prior to issuance of building permits the following shall be submitted/completed by the applicant: a. A grading plan shall be reviewed and approved (by issuance of a grading permit) by the Department of Public Works. 3. Prior to final inspection, the following shall be completed by the applicant: a. Water service shall be upgraded and a backflow device shall be installed pursuant to Public Works standards. b. The applicant shall pay all applicable Public Works fees. c. Automatic sprinkler systems will be installed throughout to comply with Huntington Beach Fire Department and Uniform Building code standards. d. A two (2) inch water service shall be provided. .ZA Minutes 2/8/95 8 (MIN0208) 4. All proposed cantilevered deck, dock, and ramp improvements shall require separate permits for the improvements located within the public waterways. 5. 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. 6. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 7. Low -volume heads shall be used on all spigots and water faucets. 8. 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. 9. Conditions of approval shall be printed verbatim on the cover sheet of all working drawings submitted for plan check. INFORMATION OF 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. 94-18 and Conditional Use Permit No. 94-37 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 15, 1995 AT 6:00 PM. Mike Strange .Zoning Administrator kjl ZA Minutes 2/8/95 9 (MIN0208)