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HomeMy WebLinkAbout1997-07-16MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 16,1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Peter Vanek, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: The April 2, 9, 16 and 23, 1997 minutes were approved. ORAL COMMUNICATION: None ITEM 1: TEMPORARY USE PERMIT NO.97-12 (PACIFIC COAST COMMUNITY CHURCH) (CONTINUED FROM THE JULY 16,1997 MEETING) APPLICANT/ PROPERTY OWNER: Pacific Coast Community Church, 17581 Newland Street, Huntington Beach, CA REQUEST: Five (5) year temporary use permit to allow outdoor services for 24 days each year between the second Friday in July and the third Sunday in August, with the exception of this year which will be held on September 19-21 and 26-28, 1997. LOCATION: 17561 Newland Street (northwest of Slater Avenue and Newland Street) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, stated this request is for a five (5) year temporary use permit to allow outdoor services for 24 days each year between the second Friday in July and the third Sunday in August, with the exception of this year in which the event will be held on September 19-21 and 26-28, 1997. Staff stated that the applicant has requested a continuance to the July 30, 1997, meeting in order to accommodate a revised schedule for the event to be held this year. Staff stated they support a continuance. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CONTINUED OPEN. TEMPORARY USE PERMIT NO.97-12 WAS CONTINUED WITH THE PUBLIC HEARING OPEN BY THE ZONING ADMINISTRATOR TO THE JULY 3091997 ZONING ADMINISTRATOR MEETING. ITEM 2: COASTAL DEVELOPMENT PERMIT NO.97-121VARIANCE NO 97-14 (JAO RESIDENCE) APPLICANT: Thomas Welch Architects, 9039 Bolsa Avenue, Suite 312, Westminster, CA 92683 PROPERTY OWNER: Frank & Catherine Jao, 9039 Bolsa Avenue, Suite 312, Westminster, CA 92683 REQUEST: To permit a 766 square foot addition to the first and second floors of an existing single family dwelling. LOCATION: 17012 Marina Bay Drive (east of Coral Cay Lane and Marina Bay Drive) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed site plan stating this request is to permit a 766 square foot addition to the first and second floors of an existing single family dwelling at 17012 Marina Bay Drive. A variance is also requested for a garage setback, which will cause one driveway to be less the 20 feet. This type of variance has been supported by staff in the past on several homes in the same tract and in the general vicinity. Staff is recommending approval. Herb Fauland, Zoning Administrator, asked staff if the variance will cover the entire project and if all other aspects of the project comply with code. Staff stated that the variance does cover the entire project and all other aspects of the project comply with code. Mr. Fauland stated that for the record Joe Hartge, had submitted a letter dated July 15, 1997, requesting that Condition No. 3 be eliminated. THE PUBLIC HEARING WAS OPENED. Thomas W. Welch, 9039 Bolsa, Suite 312, Westminster, applicant, stated that he was in concurrence with staff s report with the exception of Condition No. 3 and requested that it be deleted. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that Public Works Department policy states that additions of 400 square feet or more require a grading plan to ensure drainage on -site is adequate. Mr. Fauland stated that this condition may be waived by the Public Works Department if they feel it is not necessary. ZA Minutes - 7/17/97 2 (97zm0716) COASTAL DEVELOPMENT PERMIT NO.97-12 AND VARIANCE NO.97-14 WERE 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 97-12: 1. Coastal Development Permit No. 97-12 for a 766 sq. ft. addition to an existing single family dwelling, as proposed or as modified by the conditions of approval, conforms with the General Plan, including the Local Coastal Program. 2. The project is consistent with the requirements of the CZ Overlay District, the RL Zoning District, as well as other applicable provisions of the Municipal Code, with the exception of the variance request to reduce the garage setback from 20 feet to a minimum of 12 feet. 3. At the time of occupancy, the proposed 766 sq. ft. addition to an existing single family dwelling will be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exists to the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed addition will not adversely impact public views or public access. FINDINGS FOR APPROVAL - VARIANCE NO.97-14: 1. 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 classification. The subdivision was developed with a 50 foot right-of- way, a 36 foot wide street (curb to curb), and four feet of sidewalk adjacent to the curb. There is an additional eight feet of right-of-way between the sidewalk and the actual front property line. Under typical circumstances, the front property line is at the sidewalk and property owners have the benefit of a larger setback in the front yard. Although the eight feet of right-of-way is public property, the area is integrated into the front yard of the property and is functioning as such. 2. The granting of Variance No. 97-14 to allow a front entry garage at 12 feet in lieu of 20 feet, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The existing sidewalk is located approximately 20 feet from the proposed garage, leaving a driveway area large enough to accommodate three cars. There are several homes in the subdivision that have a similar configuration and have been granted a reduced garage setback, including 16732 Coral Cay and 16752 Coral Cay. ZA Minutes - 7/17/97 3 (97=0716) 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. By reconfiguring the side entry garage to a front entry garage, a more usable yard area will be created adjacent to the dwelling, rather than the current location which is adjacent to the garage and separated from the dwelling by the driveway. 4. The granting of a variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The project complies with all other development standards except for the garage setback. In addition, the project provides additional off-street parking above the code requirement, and the reduced garage setback does not impact adjacent site angle visibility requirements. The proposed front entry garage will be built with a similar setback as several garages in the subdivision. 5. The granting of a variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property because the garage setback will be consistent with adjacent properties, site coverage will be consistent with the code requirement, additional parking is provided, and the property remains a single family residential use. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.97-12/ VARIANCE NO. 97-14: l . The site plan, floor plans, and elevations received and dated June 26, 1997 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 3. Prior to issuance of grading permits, a grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. Prior to issuance of building permits, the following statement shall be placed on the site plan; "As the owner or acting as their agent, I hereby certify the following: The elevations shown on this site plan are true and correct. The proposed addition will not alter the drainage patterns. This information is in conformance with the City of Huntington Beach requirements as found in the grading ordinance." (PW) 5. Prior to final inspection of the unit, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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. ZA Minutes - 7/17/97 4 (97=0716) 6. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. 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 HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 97-12 and Variance No. 97-14 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-12 and Variance No. 97-14 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 97- 12 and Variance No. 97-14, 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. 4. All applicable Public Works fees shall be paid. (PW) 5. State -mandated school impact fees shall be paid prior to issuance of building permits. 6. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ZA Minutes - 7/17/97 (97=0716) 1 NON PUBLIC HEARING ITEM 3: LOT LINE ADJUSTMENT NO. 97-4 APPLICANT/ PROPERTY OWNER: Rick Wood, Greystone Homes, 7 Upper Newport Plaza, Newport Beach, CA 92660 REQUEST: To adjust lot line between four (4) residential lots and a common landscape lot at entrance to Tract No. 14662. LOCATION: Seagate Drive, north of Promenade Parkway PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Staff Planner, stated this request is to adjust the lot line between four (4) residential lots and a common landscape lot at the entrance to Tract No. 14662, located on Seagate Drive, north of Promenade Parkway. The residential parcels are 11, 10, 9 and 1 and will be separated from parcel B, which is a landscaped lot to be maintained by the Homeowner's Association. The reason for the request is to expand the private area of each of these four (4) lots. The request will reduce the width of the landscaped area to ten (10) feet in width. Park, Tree and Landscape Division has reviewed the request and recommends approval as they do not feel it will compromise the integrity of the landscaped area. Planning staff also supports the request as it will increase the usable yard area for the residents. The proposed lot line will not interfere with any structures on the property, and it will not change the density or allow any additional units to be built, therefore, it is consistent with the findings that are required to make a lot line adjustment. Staff is recommending approval of the request. Herb Fauland, Zoning Administrator, asked staff if there had been any conceptual plans or master plan development applications submitted that would show the house siting on the lots. Staff stated that there was and the actual plotting of the home will not be changed or affected by the lot lines. LOT LINE ADJUSTMENT NO.97-4 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO.97-4: 1. The granting of Lot Line Adjustment No. 97-4 to adjust the lot line between four (4) residential lots (Lots 1, 9, 10 and 11) and a common landscape lot (Lot B) will not create any additional parcels or building sites. The adjustment will decrease the size of Lot B and increase the size of the residential lots. ZA Minutes - 7/17/97 (97zm0716) I L 2. The resulting parcels from the lot line adjustment will conform to the Holly-Seacliff specific Plan because density will not be affected and building setbacks will be met; there are no minimum requirements for Lot B. 3. The lot line adjustment will not sever any existing structure on either of the two parcels. There are no existing structures that will be affected. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed prior to the adjustment. Only one (1) unit will be allowed on each of the four (4) residential lots, and not units are allowed on Lot B. 5. A plat map showing the lot line adjustment has been prepared and approved and will be filed in accord with the provisions of Section 253.24. CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO. 97-4: 1. The lot line adjustment received June 10, 1997, shall be the conceptually approved layout. 2. All previous conditions of approval for Tentative Tract No. 14662 and Entitlement Plan Amendment No. 97-5 shall remain in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Lot Line Adjustment No. 97-4 shall not become effective until the ten day appeal period has elapsed. 2. Lot Line Adjustment No. 97-4 shall become null and void unless exercised within one year 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 Department of Community Development a minimum 30 days prior to the expiration date. The Zoning Administrator reserves the right to revoke Lot Line Adjustment No. 97-4, 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. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ZA Minutes - 7/17/97 (97zm0716) r THE MEETING WAS ADJOURNED AT 1:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 23, 1997 AT 1:30 PM. :72 Herb Fauland Zoning Administrator :kjl ZA Minutes - 7/17/97 (97zm0716)