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HomeMy WebLinkAbout1998-01-211 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 21,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Kim Klopfenstein, Joe Thompson, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None .Item 2 was brought to the front of the agenda and acted upon. Please note that minutes will reflect actions taken in their regularly scheduled order. ITEM 1: CONDITIONAL USE PERMIT NO.97-83/COASTAL DEVELOPMENT PERMIT NO.97-33 (TAYLOR RESIDENCE) APPLICANT/ PROPERTY OWNER: Darrach Taylor, 16661 Wellington Drive, Huntington Beach, CA 92649 REQUEST: To construct an eight (8) foot high retaining/block wall with a four (4) foot high wrought iron fence and light fixtures above the block wall for a combined height of twelve (12) feet, in lieu of a six (6) foot high wall, within the rear setback area, approximately eight (8) feet from the rear property. The new wall will be forty (40) feet in length and will extend (10) feet into the rear yard slope and will accommodate a 400 square foot expansion of an existing at -grade pool deck. LOCATION: 16661 Wellington (east of Pacific Coast Highway and north of Gilbert Drive) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan and photographs, stating the request is to construct an eight (8) foot high retaining/block wall with a four (4) foot high wrought iron fence and light fixtures above the block wall for a combined height of twelve (12) feet. The request is in lieu of a six (6) foot high wall and within the rear setback area, approximately eight (8) feet from the rear property. The new wall will be forty (40) feet in length and will extend (10) feet into the rear yard slope and will accommodate a 400 square foot expansion of an existing at - grade pool deck: The subject site is located at 16661 Wellington. Staff stated that the retaining wall would be stuccoed and shrubbery planted in front to soften the view. Staff feels the request will not block views, is compatible with the surrounding area and will improve the aesthetics of the street. Staff also stated that the project had received approval from the Huntington Harbour Homeowners Architectural Committee. Staff is recommending approval of the request with the findings and conditions as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Naomi Cohen, 3481 Gilbert Drive, adjacent property owner, spoke in opposition to the request. Ms. Cohen stated that she had purchased her home because of the light and orientation of the house. She stated that the proposed project will lower property values, block her view and sunlight and create additional noise. She also stated that the proposed retaining wall will upset the compaction of soil and affect her stairway. Ms. Cohen was also concerned that the proposed project would set a precedent for the neighborhood. Fred Capper, 16702 Peale Lane, spoke in opposition to the request stating concern with the loss of greenbelt area. He also stated that it would be an eyesore to the area and would like to see a model or plans to be sure that it truly would enhance the area. Robert Helper, 3472 Gilbert Drive, stated that eight (8) feet was too high for the retaining/block wall and was concerned with aesthetic impacts to properties along Gilbert Drive. Jerry Urner, 3962 Humboldt Drive, Huntington Harbour Homeowners Association, stated that the Homeowner's Association had reviewed and approved the proposed project. Helen Sheppard, 16672 Wellington Drive, spoke in support of the request. Robert Maniaci, 16642 Somerset Lane, spoke in opposition to the request stating concern with the loss of greenbelt area, the aesthetics of the wall in a few years and the loss of conformity on the street. Mr. Maniaci submitted a petition in opposition to the request. Darrach Taylor, 16661 - Wellington Drive, applicant, gave a history of the request. Mr. Taylor stated that they wished to expand their back yard. He also stated that they will plant and maintain all required landscaping and the proposal would be a positive addition to the area. Dee Taylor, 16661 Wellington Drive, applicant's wife, spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, explained the reasons why the city had changed the ordinance to allow walls to exceed certain heights with the approval of a conditional use permit and the necessary findings. He also stated that he had visited the site and the surrounding neighborhood and saw several similar expansions into the landscape area. He noted the maintenance of the landscape greenbelts was poor and there was no overall continuity to the landscape greenbelt area. He felt the project design would not block any views, was designed properly to integrate with the existing deck, and will be landscaped. ZA Minutes — 1/28/98 2 (98ZM0121) 1 Mr. Fauland concluded by stating that he would approve the project based upon the findings that the project will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Furthermore, the proposed wall is designed to integrate with the existing neighborhood and the site is physically suitable for this type of development. He believed the project would be compatible with surrounding uses because there are decks and walls in similar locations on adjacent properties and in the neighborhood. He also stated the project would be stuccoed to match the residence and provide bermed landscaping to improve the aesthetics of the street. CONDITIONAL USE PERMIT NO.97-83 AND COASTAL DEVELOPMENT PERMIT NO.97-33 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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.97-33: 1. Coastal Development Permit No. 97-33 to permit the construction of an eight (8) foot high retaining/block wall with a four (4) foot high wrought iron fence and light fixtures above the retaining/block wall for a combined height of twelve (12) feet, in lieu of a six (6) foot high wall, within the rear setback area, approximately eight (8) feet from the rear property line. The new wall will be forty (40) feet in length and will extend (10) feet into the rear yard slope and will accommodate a 400 square foot expansion of an existing at -grade pool deck. The deck extension and -wall will conform with the General Plan, including the Local Coastal Program. The proposed deck extension and wall will not impact public views or access to coastal resources as none exist at the site. 2. Coastal Development Permit No. 97-33 is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other provisions of the Municipal Code applicable to the property. The proposed development will conform with all applicable City Codes as allowed by the conditional use permit. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist at the site. 4. The proposed wall conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The development will not adversely impact public views or public access. ZA Minutes—1/28/98 3 (98ZM0121) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-83: 1. Conditional Use Permit No. 97-83 for the establishment, maintenance and operation of an eight (8) foot high retaining/block wall with a four (4) foot high wrought iron fence and light fixtures above the retaining/block wall for a combined height of twelve (12) feet, in lieu of a six (6) foot high wall, within the rear setback area, approximately eight (8) feet from the rear property. The new wall will be forty (40) feet in length and will extend (10) feet into the rear yard slope and will accommodate a 400 square foot expansion of an existing at -grade pool deck. The deck extension and wall will not be detrimental to the general welfare of persons working or residing in the vicinity nor detrimental to the value of the property and improvements in the neighborhood since the proposed wall is designed to integrate with the existing neighborhood and the site is physically suitable for this type of development. 2. The deck and retaing/blockwall located within the rear yard setback, will be compatible with surrounding uses because there are decks and walls in similar locations on adjacent properties. Furthermore, the retaining/blockwall will be stuccoed to match the residence and provided with bermed landscaping to improve the aesthetics of the street. 3. The proposed combination block/retaining wall will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. The structure will be in conformance with the Zoning and Subdivision Ordinance with the approval of the conditional use permit. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Low Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that non residential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures (LU 9.3.3). b. Ensure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.97-83/COASTAL DEVELOPMENT PERMIT NO.97-33: 1. The site plan, floor plans and elevations received and dated October 23, 1997, shall be the conceptually approved layout with the following modifications: a. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. b. The lights located above the wrought iron fence shall have a dimmer switch. ZA Minutes—1/28/98 4 (98ZM0121) c. The eight foot high retaining/block wall shall be stuccoed and painted to match the residence and shall be screened with berming and landscaping. d. The rise and run of the stairs shall be constructed in compliance with the Uniform Building Code requirements. 2. Prior to submittal for building permits, the following shall be completed: a. 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). b. Submit design calculations for the retaining wall which includes any possible surcharge from the pool deck. c. Shade in the area of all new work on the site plan. d. Provide the details for the new stairs, handrails and guardrails. e. Show the path of the retaining wall drainage on the site plan. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape planting and irrigation plan shall be submitted to the Department of Public Works and approved by the Departments of Public Works. The Landscape plan shall address improvements to be made in the rear yard from the pool to Gilbert Drive and shall include type and location of shrubs to be planted to screen the wall. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) c. The foundation for the retaining wall shall have a reverse footing (i.e. not from the exposed face of the wall) unless the rear slope has a minimum of 42" of earth above the footing facing the street (Gilbert Drive) to allow for roots and drainage. d. All landscape planting and irrigation shall be completed prior to final building inspection/within 12 months of approval of the project. e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. f. 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—1/28/98 5 (98ZM0121) 4. 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. Conditional Use Permit No. 97-83 and Coastal Development Permit No. 97-33 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-83 and Coastal Development Permit No. 97-33 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 Conditional Use Permit No. 97-83 and Coastal Development Permit No. 97-33, 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. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. 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—1/28/98 6 (98ZM0121) ITEM 2: CONDITIONAL USE PERMIT NO.97-96 (SODERSTROM DECK ENCLOSURE, APPLICANT: Ron Turenne, Ron Turenne Construction, 3963 Humboldt Drive, Huntington Beach, CA 92649 PROPERTY OWNER: Gary Soderstrom, 602-22nd Street, Huntington Beach, CA 92648 REQUEST: To permit a 189 square foot, third story deck enclosure to an existing two story residence. The request includes maintaining a non conforming structure at 55% site coverage in lieu of a maximum 50%. LOCATION: 602-22nd Street (west side of 22nd Street, north of Acacia Avenue) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, stated the request is to permit a 189 square foot, third story deck enclosure to an existing two story residence at 602-22nd Street. The request includes maintaining a non conforming structure at 55% site coverage in lieu of a maximum 50%. Staff is recommending that this item be continued to the January 2, 1998 meeting. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING CONTINUED OPEN. CONDITIONAL USE PERMIT NO.97-96 WAS CONTINUED WITH PUBLIC HEARING OPEN BY THE ZONING ADMINISTRATOR TO THE JANUARY 28,1998 MEETING. NON PUBLIC HEARING ITEMS ITEM 3: LOT LINE ADJUSTMENT NO.97-8 (LENNAR HOMES LANDSCAPE EASEMENT) APPLICANT: Walden & Associates, David Couch, 18012 Cowan, Suite 210, Irvine, CA 92614 PROPERTY OWNER: Lennar Homes of Calif., Inc., Tom Banks, 23333 Avenida La Caza, Coto De Caza, CA 92679 REQUEST: To adjust common lot lines between Lots 1, 24, 25 and Lot B of Tract 15034. LOCATION: 6152 Forester, 19131 & 19141 Festival Circle (east of Seapoint Street and south of summit Drive) PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, stated that the request is to adjust common lot lines between Lots 1, 24, 25 and Lot B of Tract 15034. The subject site locations are 6152 Forester, 19131 and 19141 Festival Circle. No comments, written or verbal, have been received from the public. ZA Minutes — 1/28/98 7 (98ZM0121) Staff is recommending approval of the proposed request as it will not create any additional parcels or buildings sites, and it conforms to the standards of the Holy Seacliff Specific Plan. Also, the proposed lot line adjustment will not sever any existing structures on the three (3) parcels and all proposed structures will be built within the proposed lot lines. LOT LINE ADJUSTMENT NO.97-8 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.97-8: 1. The granting of Lot Line Adjustment No. 97-8 for the adjustment of lot lines between three (3) residential properties and a open space/landscape lot will not create any additional parcels or building sites. 2. The resulting parcels from the lot line adjustment will conform to the standards of the Holly- Seacliff Specific Plan -Low Density Residential (RL-3) Zoning Designation in terms of size and lot frontage and setbacks. 3. The lot line adjustment will not sever any existing structures on the three parcels. Proposed structures will be built within proposed lot lines. 4. The lot line adjustment will not allow a greater number of dwelling units than allowed prior to the adjustment. The subject parcels are zoned Holly Seacliff Specific Plan - Low Density Residential (RL-3) which would allow one dwelling unit per lot. 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.97-8: 1. The lot line adjustment received January 5, 1998, shall be the conceptually approved layout. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Lot Line Adjustment No. 97-8 shall not become effective until the ten day appeal period has elapsed. 2. Lot Line Adjustment No. 97-8 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 Lot Line Adjustment No. 97-8, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. ZA Minutes — 1/28/98 8 (98ZM0121) 1 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. THE MEETING WAS ADJOURNED AT 2:47 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 28,1998 AT 1:30 PM. ]Herb Fauland Zoning Administrator :kjl ZA Minutes—1/28/98 9 (98ZM0121)