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HomeMy WebLinkAbout1999-11-03 (13)MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room 13-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, NOVEMBER 3,1999 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Sandra Thornton, Joe Thompson, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.99-19 (WARVI ADDITION) APPLICANT/ PROPERTY OWNER: Wesley Warvi, 16431 Barnstable Circle, Huntington Beach, CA 92649 REQUEST: To demolish an existing 420 square foot garage and construct a new addition including a 580 square foot garage and 880 square feet of living area to an existing 1,480 square foot single family residence. LOCATION: 16431 Barnstable Circle (south side of Barnstable, east of Humboldt) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request conforms to height, setbacks, parking, site coverage, and infill compatibility as required in the Zoning Ordinance. In addition, staff stated that the use conforms with the General Plan, including the Local Coastal Program, and is consistent with the requirements of the Coastal Zone Overlay District. Staff stated that they received a call from a representative of the Humboldt Island Homeowner's Association (HOA) requesting a condition that the HOA review the plans prior to submittal for building permits. Staff stated that the applicant delivered the plans to the HOA, but no one was available to look at them as of today. No other correspondence was received from the surrounding community or other City departments in opposition of this project. Staff recommended approval of the request with the recommended conditions imposed. Mary Beth Broeren, Zoning Administrator, stated that she received a call from Ms. Helsper on behalf of Jerry Urner of the Huntington Harbour HOA. Ms. Broeren and staff discussed the process whereby the plans were submitted to the HOA. Ms. Broeren and staff discussed the site plans and reviewed photographs of the site. THE PUBLIC HEARING WAS OPENED. Wesley and Starr Warvi, 16431 Barnstable Circle, the property owner, presented reasons for the request. Ms. Broeren and Mr. Warvi discussed the submission of the plans to the HOA. Mr. Warvi indicated that the original plans were not submitted earlier, but did state revised plans were submitted just this past Monday. Mr. Warvi stated that comments were not received from the HOA regarding the revised plans because of the hospitalization of the president of the HOA. Staff stated that no verbal or written comments were received from neighboring property owners. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed the location of the new garage. Ms. Broeren stated that the City does encourage property owners to submit plans to the HOA. Ms. Broeren stated that she was going to approve the item and noted that a phone message from the HOA stated that they were'going to appeal the item if submittal and approval of the plans were not completed by the HOA. Ms. Broeren explained to Mr. and Mrs. Warvi the appeal process and the appeal fee. Ms. Broeren strongly encouraged Mr. and Mrs. Warvi to obtain HOA approval before the appeal period ends. COASTAL DEVELOPMENT PERMIT NO.99-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the addition will not increase the floor area by more than 50 percent or 2,500 square feet. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-19: 1 1. Coastal Development Permit No. 99-19 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project is an addition to an existing single family residence, which conforms to the General Plan Land Use designation of Residential Low Density. The project will not impact public views or access to coastal resources. ZA Minutes 11/03/99 2 (99ZM1103) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. 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 necessary infrastructure is provided for the project. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities exist at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-19: The site plan, floor plans and elevations received and dated September 20, 1999 shall be the conceptually approved layout with the following modification: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights - of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of building permits, submit a 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 Planning. 4. Prior to final building permit inspection and approval, the following shall be completed: a. Address numbers shall be installed to comply with City Specification No. 428. (FD) b. The existing water service serving the site may potentially be utilized if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. The meter shall be replaced with a touch read meter. If a new service is required, it shall be installed per Water Division standards and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). Minimum new service lateral size shall be one (1) inch. (PW) ZA Minutes 11/03/99 3 (99ZM1103) c. A backflow protection device is required for all water service. (PW) d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. e. 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. 5. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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. 99-19 shall not become effective until the ten day California Coastal Commission appeal period has elapsed. 2. Coastal Development Permit No. 99-19 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 Planning a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 99-19, 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, Department of Building, 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 Planning within two (2) days of the Zoning Administrator's action. ZA Minutes 11/03/99 4 (99ZM1103) ITEM 2: VARIANCE NO.99-19 (SAWAYA ADDITION APPLICANT: D'Ambra, Inc., 7744 Westminster Boulevard, Westminster, CA 92683 PROPERTY OWNER: Gene and Lana Sawaya, 6621 Pageant Drive, Huntington Beach, CA 92648 REQUEST: To construct a new 220 square foot addition in the rear yard, which will result in a reduced rear yard setback of approximately 13 feet in lieu of the minimum 20-foot rear yard setback as required by the Holly- Seacliff Specific Plan. LOCATION: 6621 Pageant Drive (north side of Pageant, east of Dearborne) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request is to construct a 220 square foot addition to an existing single family residence, which will encroach into the rear yard setback. Staff stated that the project has a Zoning designation of RL2 within the Holly Seacliff Specific Plan (HSSP). Staff stated that the project conforms to the Specific Plan with the exception of the reduced setback, and is consistent with the goals and policies of the General Plan. Staff stated that they received two letters of opposition from homeowners on either side of the project expressing concerns over reduced views. Staff recommended approval of the variance with the conditions imposed, and stated that other variances and special permits have been granted for encroachment into rear yard setbacks by buildings and balconies. Mary Beth Broeren, Zoning Administrator, and staff discussed the Homeowner's Association (HOA) approval. THE PUBLIC HEARING WAS OPENED. Robert Kaitz, 6611 Pageant Drive, neighbor, displayed photographs and opposed the request based upon obstruction of his view. Mr. Kaitz (a member of the HOA) stated that no formal application has been submitted to the HOA. Gene and Lana Sawaya, 6621 Pageant Drive, the property owners, stated their reasons for not presenting the request to the HOA. Ms. Broeren acknowledged receiving a letter from Mr. Kaitz dated November 1, 1999 from the HOA addressed to the property owners advising them that approval is required from the HOA even if the variance is granted. Dennis D'Ambra, 7744 Westminster Boulevard, Westminster, the applicant, discussed setbacks, height of the roof, HOA approval, obstacles in obtaining this variance, and alternatives. ZA Minutes 11/03/99 5 (99ZM1103) Mr. Kaitz stated that if the variance is approved, the title on his home will be impacted. Mr. Kaitz requested that any approval of this request be contingent on HOA approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff reviewed the site photographs and site plans, and discussed alternatives, and where the encroachment would be most prominent. Ms. Broeren and Mr. Kaitz discussed the HOA process and the HOA's general consensus in previous proposals of this type. Ms. Broeren confirmed with the property owner their understanding of the condition prohibiting a second story addition. Mr. and Mrs. Sawaya presented a summary as to the desirability for the requested plan, landscaping, and consistency of the existing architecture. They explained that the HOA had approved their rear yard landscape plan, which includes a row of trees along the property line that adjoins Mr. Kaitz's property. Ms. Broeren discussed with staff the appropriateness of a covenant on the property in the event Mr. and Mrs. Sawaya sell the property. Staff agreed to the covenant. Ms. Broeren stated that she was going to approve the item based on the findings. Ms. Broeren instructed staff to add to Condition 4 that a covenant will be recorded and approved by the City Attorney's office prior to issuance of building permits, and that the covenant is to be recorded with a copy in the file prior to final inspection. Ms. Broeren stated that Finding 4 should reference the landscaping along the joint property line of the property owner and Mr. Kaitz. Ms. Broeren and Mr. Kaitz discussed the timeframe involved for completion of this project. VARIANCE NO.99-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the addition will not result in more than a 50 percent addition in floor area to the existing dwelling and is less than 2,500 square feet. FINDINGS FOR APPROVAL - VARIANCE NO.99-19: 1. The granting of Variance No. 99-19 to construct a 220 square foot addition in the rear yard of an existing single family home resulting in a reduced rear yard setback of approximately 13 feet in ZA Minutes 11/03/99 6 (99ZM1103) lieu of the code required 20 foot setback (a reduction of seven feet) will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances have been granted for reduced year yard setbacks for properties in the immediate vicinity and under the identical zone classification. In addition, there are other single family detached residential properties in the vicinity that are subject to the Huntington Beach Zoning and Subdivision Ordinance which allows for a ten foot rear setback. 2. Because of special circumstances applicable to the subject property, including size and shape, 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 irregularly shaped lot and the placement of the existing dwelling on the lot constrain the location and placement of the living room addition, resulting in a partial encroachment into the rear yard setback. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The proposed addition will afford the property owner an increased living area. Further, if the addition were to be placed anywhere else in the rear yard other than where it is proposed, the result would be a substantial loss in usable rear yard area. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Conditions of approval have been included, which will restrict the height of the addition and protect the view to the adjacent property owner to the west. Adequate building separation will be provided between the proposed addition and the single-family dwelling abutting the rear of the lot. In addition, the applicant has a landscape plan approved by the project's Home Owner's Association, which includes screening -type landscaping material along the west property line. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property because it does not result in an increase in density or alter the nature of the detached single family neighborhood. CONDITIONS OF APPROVAL — VARIANCE NO.99-19: 1. The site plan, floor plans, and elevations received and dated September 22, 1999 shall be the conceptually approved layout. 2. Prior to submittal for building permits, 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. All previous conditions of approval for Tentative Tract No. 14700, Conditional Use Permit No. 93-39 and Coastal Development Permit No. 93-23 shall remain in effect. 4. A second story above the proposed addition is prohibited. A patio cover of any type shall also be prohibited between the addition and the rear property line. A covenant shall be recorded prohibiting said second story and patio cover and shall be approved by the City Attorney in form ZA Minutes 11/03/99 7 (99ZM1103) and content prior to issuance of building permits. Additionally, a copy of the recorded covenant shall be included in the planning file prior to final building inspection. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 99-19 shall not become effective until the ten-day appeal period has elapsed. 2. Variance No. 99-19 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Variance No. 99-19, 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 Department, 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. ITEM 3• CONDITIONAL USE PERMIT NO.99-54 (PACIFIC BELL WIRELESS FACILITY) APPLICANT: Pacific Bell Wireless, 2521 Michelle Avenue, Tustin, CA 92679 PROPERTY OWNER: Southern California Edison, P.O. Box 800, 2244 Walnut Grove, Rosemead, CA 91770 REQUEST: To permit the installation of a wireless telecommunications facility mounted to an existing Southern California Edison tower as well as equipment cabinets located at the base of the Edison Tower. LOCATION: 9300 block of Hamilton Avenue (on Edison easement, north of Hamilton between Magnolia and Bushard) PROJECT PLANNER: Sandra Thornton Sandra Thorton, Staff Planner, displayed site plans, described the antennas, their size, and stated that the cabinets at the base of the tower will be surrounded by a 6-foot high vinyl coated chain link fence and that the antennas will be mounted to an existing Edison tower, which will be screened from public view. �l ZA Minutes 11/03/99 8 (99ZM1103) W9 Staff recommended approval of the project stating that the conditional use permit complies with the Huntington Beach Zoning and Subdivision Ordinance and the General Plan. Staff stated that she received four telephone calls regarding this project; staff faxed three of the four people a full set of plans and mailed a full set of plans to the 4"' person. Staff stated that a letter in opposition to the project was received from surrounding residents. Mary Beth Broeren, Zoning Administrator, and staff reviewed the letter of opposition. THE PUBLIC HEARING WAS OPENED. Gus Bogard, 21391 Fleet Lane, neighboring resident, opposed the project based upon current issues related to the existing Southern California Edison Tower, in particular, trash, fire hazard, weeds, dust from trucks, resale value, electrical noise, and health risks related to the microwaves. Mr. Bogard stated that he felt Pac Bell's use of the tower would serve to aggravate the current problems. Linda Paul, 2521 Michelle, Tustin, the applicant, presented an overview of the antennas, responded briefly to Mr. Bogard's concerns, and stated that the facility will be an unmanned facility which will not generate any noise. Ms. Paul stated that a recent problem was discovered regarding FCC compliance and the National Environmental Policy Act. Ms. Paul stated that some potential environmental issues with shell midden on the property might exist, which would result in using a different tower. Ms. Paul requested a continuance so the applicant may have more time to research a different location, and to decide if a withdrawal of the request would be in order. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and Ms. Paul discussed the issue of the shell midden and other locations for the facility. Ms. Broeren stated that based upon the issue of the shell midden, she was going to continue the item. Ms. Broeren addressed Mr. Bogard's concerns and a discussion ensued with Ms. Paul. Ms. Broeren explained to Mr. Bogard the City's policy on co -location. CONDITIONAL USE PERMIT NO.99-54 WAS CONTINUED TO THE NOVEMBER 17, 1999 MEETING. ZA Minutes 11/03/99 9 (99ZM1103) THE MEETING WAS ADJOURNED AT 2:33 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 10, 1999 AT 1:30 PM. MAy Beth Broeren Zoning Administrator Ml ZA Minutes 11/03/99 10 (99ZM1103)