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HomeMy WebLinkAbout2000-01-05MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 5, 2000 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Amy Wolfe, Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-60NARIANCE NO.99-22 (VOGT RESIDENCES) APPLICANT/ PROPERTY OWNER: William Vogt, 19432 Pompano Lane, #112, Huntington Beach, CA 92648 REQUEST: To construct two (2) single-family residences, each on a lot with an approximate grade differential of five (5) feet between the high and low point. A three (3) foot high retaining wall located on the front property line and a two (2) foot high secondary retaining wall are requested in lieu of the maximum retaining wall height of 18 inches each. A variance is requested as the elevated pad height for each lot along the front property lines will result in a 39 feet-10 inch high building in lieu of the maximum building height of 35 feet (37 ft. inclusive of 2-ft. differential between datum and top of subfloor). LOCATION: 314 and 316 22"a Street (east side of 22" a between Orange Avenue and Olive Avenue) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed site plans, stated the purpose of the request and the location. Staff stated that the conditional use permit is in substantial compliance with the Zoning Ordinance Development Standards with the exception of the retaining wall height along the building frontage and the grade differential. Staff stated that the variance is a result of a building height difference between what is permitted by code and what is proposed for this project. Staff recommended approval of the conditional use permit (and the retaining walls) based upon the findings and subject to the conditions of approval. Staff recommended denial of the variance based upon the findings for denial. Staff recommended an addition to the suggestion conditions of approval for the conditional use permit. Staff stated that the additional condition, which relates to the 42-inch high screen wall proposed on top of the second retaining wall, should include submitting the screen wall design to staff for review and approval. Mary Beth Broeren, reviewed photographs of the site and verified with staff the maximum height code requirements. Ms. Broeren stated that she received two letters in regard to this request. One letter dated December 28, 1999, from Veronica Dickenson (a neighboring resident) in opposition to the variance. The second letter dated December 28, 1999, from William Vogt, the applicant, regarding the building height. THE PUBLIC HEARING WAS OPENED. Michael Mehalick, 320 22nd Street, neighboring resident, spoke on behalf of the neighbors who concur with the denial of the variance. Bill Vogt, 19432 Pompano Lane, the applicant, presented explanations as to the height of the building, and stated that the height is not as represented in the public notice. Mr. Vogt presented options to remedy the building height issue. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff discussed at length options to lowering the building height. Ms. Broeren confirmed with staff that the two newly built neighboring dwellings (located at 312 and 310 22nd Street) are of the same grade and comply with code. CONDITIONAL USE PERMIT NO.99-60 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. VARIANCE NO.99-22 WAS DENIED. 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 CEQA: 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 15303, Class 3 of the CEQA Guidelines, because the project site is located within an urbanized area and involves construction of two single-family residences. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-60: 1. Conditional Use Permit No. 99-60 for the establishment, maintenance and operation of two single family residences will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The project site is physically suitable for this type of development and the design of the I- ZA Minutes 01/05/00 2 (OOZM0105) residences inclusive of building height, as conditioned by staff (limited to 37'-0"), will be designed to integrate with the existing neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the proposed building massing and height as conditioned by staff, will be comparable with existing multi -story homes in the immediate vicinity. On July 1, 1998, the Zoning Administrator approved CUP No. 98-19 permitting development of two single family residences adjacent to the project site (310 and 312 22"d Street) with building heights of 36.83 ft. after considering comparable topographic circumstances to those existing on the project site. The subject development, as conditioned by staff, to a maximum building height of 37 ft., will be consistent with limitations imposed upon other properties in the immediate area. The proposed retaining wall height will be consistent and complimentary to adjoining retaining walls along the street frontage. 3. The proposed three-story single family residences 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, except for the provision applicable to properties located in RMH-A sub- district which restricts the maximum height of retaining walls to 36" within the front yard area. The existing grade differential between the subject site and top of the curb and proposed project design is such that necessitates construction of retaining walls. The design of the proposed retaining walls will be consistent with that of other retaining walls previously approved in the immediate vicinity. 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 Residential Medium High Density (RMH- 25-d) on the subject property. In addition, it is consistent with the following policies of the General Plan: LU 9.1.1 Accommodate the development of single and multi -family residential units in areas designated by the Land Use Map, as stipulated by the Land Use and Density Schedules. LU 9.1.2 Require that single-family residential units be designed to convey a high level of quality and character considering the following guidelines: a. Modulate and articulate building elevation, facades, and masses (avoiding undifferentiated "box -like" structures). b. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of their neighborhood. c. Minimize the amount and width of the paving of front yards for driveway and garage access. d. Encourage innovative and creative design concepts. e. Locate and design garages so that they do not dominate the street frontage. FINDINGS FOR DENIAL - VARIANCE NO.99-22: 1. The granting of Variance No. 99-22 for a maximum building height of 39'-10" will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. New development on adjacent lots with comparable ZA Minutes 01/05/00 3 (OOZM0105) topographic circumstances to those existing on the project site has been achieved in compliance with HBZSO building height requirements. 2. There are no special circumstances applicable to the subject property which would support granting of the requested building height variance. The site topography and surroundings are comparable with those of other properties adjacent to the proposed project area. Application of the zoning ordinance will not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The design of other new residences in the immediate vicinity complies with applicable development standards inclusive of building height. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The project site is physically suitable for residential development and the design of the project, inclusive of building height, can be adjusted without depriving the property owner of any substantial property rights. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-60: 1. The site plan, floor plans and elevations received and dated September 30, 1999, shall be the conceptually approved layout with the following modifications: a. Building height shall be limited to a maximum of 37'-0", measured from highest point of curb along the front property line. (Code Requirement) b. The screen wall design, if such wall is constructed along the street frontage, shall be decorative in nature and subject to review and approval by the Planning Department. b. Elevations shall depict colors and building materials proposed, as approved by the Design Review Board Secretary. c. Depict all utility apparatus, such as but not limited to back now 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) d. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. e. 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. ZA Minutes 01/05/00 4 (OOZM0105) 2. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (This plan, in addition to grading, shall include any required off -site improvements). (PW) b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan which identifies the location, type, size and quantity of all proposed plant materials; 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 and applicable Design Guidelines.(PW) (Code Requirement) c. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, liquefaction, chemical and fill properties, retaining walls, street, and utilities. (PW) d. The name and phone number of a field supervisor who is on -site shall be submitted to the Planning Department and Public Works Department. In addition, clearly visible signs shall be posted on the perimeter of the site indicating who to contact for information regarding this development and any construction/ grading activity. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. e. Site plans and elevations depicting the height and material of all retaining walls, screen walls, and fences consistent with the grading plan shall be submitted to and approved by the Planning Department. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) c. Residential type structures on the subject property, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report ZA Minutes 01/05/00 5 (OOZM0105) and plans, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). (Code Requirement) d. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 4. Prior to issuance of building permits, the following shall be completed: a. Submit a colors and materials sample board, to the Planning Department for review, approval and inclusion in the entitlement file. b. All fees shall be paid. (PW) c. A grading permit shall be issued. (PW) d. The developer shall dedicate 2.50.ft of alley. (PW) e. The project shall comply with City Specification 431-92. (FD) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/ grading activity. 6. Prior to final building inspection and approval of the first residential unit, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping ZA Minutes 01/05/00 6 (OOZM0105) 2) Installation of new sewer laterals to each lot. (PW) 3) New, separate domestic/irrigation water meter and service, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and the Uniform Fire Code (UFC), if applicable, for each proposed building. Minimum water service lateral shall be one -inch. Meters shall be a touch -read type. (PW) 4) Installation of a backflow protection device to all structures over two stories in height, unless otherwise approved in writing by the Water Division. (PW) 5) Removal of the existing curb and construct new curb and gutter. (PW) 6) Construction of a new sidewalk along the project frontage. (PW) 7) Removal and replacement of one-half of existing alley. (PW) 8) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. 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. d. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422, Well Abandonment. (Wells, "Toubach 1 & Hamilton 4" shown abandoned on 1/28/99). (FD) e. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. (FD) f. Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. (FD) 7. 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. ZA Minutes 01/05/00 7 (OOZM0105) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-60 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 99-60 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 Conditional Use Permit No. 99-60 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 Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. 8. Traffic Impact Fees shall be paid prior to final inspection. (PW) 9. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM 2: VARIANCE NO 99-23 (ROBINSON PATIO APPLICANT: Ambiance Additions, 765 S. State College Blvd., Ste I, Fullerton, CA 92831 PROPERTY OWNER: Mr. and Mrs. Robinson, 6221 Softwind Drive, Huntington Beach, CA 92648 REQUEST: To allow an enclosed patio to encroach three (3) feet into the required rear yard setback of 10 feet. LOCATION: 6221 Softwind Drive (on Softwind Drive, south of Edinger Avenue) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, stated the purpose of the request, the location, surrounding uses, and zoning. Staff stated that the applicant is replacing an existing patio, which was ZA Minutes 01/05/00 8 t (OOZM0105) not legally permitted. Staff stated that the project conforms to the General Plan and Zoning code requirements with the exception of the rear yard setback encroachment. Staff recommended approval of the request based upon the findings outlined in the staff report, and staff stated that no comments written or verbal were received. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the existing structure would be removed entirely. THE PUBLIC HEARING WAS OPENED. Aaron O'Neil, 765 South State College Boulevard, Suite I, Fullerton, the applicant, expressed support of the project and presented a brief history of the property and the reasons for upgrading the property. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren and staff reviewed photographs of the site and the placement of the adjacent dwelling. Ms. Broeren asked staff to explain finding no. 1 and confirmed the zoning. Ms. Broeren stated that she was inclined to deny the request; however, in view of the prior granting of similar variances for other properties in the immediate vicinity, she concurred with staff s recommendation for approval. VARIANCE NO.99-23 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) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: 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 Class 1 of the CEQA Guidelines, because the restoration or rehabilitation of deteriorated facilities is considered exempt under CEQA. FINDINGS FOR APPROVAL - VARIANCE NO.99-23: 1. The granting of Variance No. 99-23 to allow an enclosed patio to encroach 3 feet into the required 10-foot rear yard setback 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 rear yard setbacks for properties in the immediate vicinity and under the identical zone classification. 2. Because of special circumstances applicable to the subject property, including shape and lot depth, the strict application of the zoning ordinance is found to deprive the subject property of ZA Minutes 01/05/00 9 (00ZM0105) privileges enjoyed by other properties in the vicinity and under identical zone classification. The irregularly shaped lot does not allow the proposed patio enclosure anywhere else on the property. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The patio will afford the owner a quiet screened outdoor area. The patio can not be relocated in the rear yard without a substantial reduction in the patio size. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. There have been similar variances granted in the same zone classification. In addition, the property closest to this encroachment (the property to the north) consists of a parking lot and carports and the patio will not be visible to from the parking lot or carports. 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.99-23: 1. The site plan, floor plans, and elevations received and dated November 10, 1999 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. Building Code Analysis shall be shown on the plans (Title Sheet) to show compliance with the Uniform Building Code 1997. 3. Prior to final building permit inspection and approval the following shall be completed: d. 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. 4. 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. [1 ZA Minutes 01/05/00 10 (OOZM0105) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 99-23 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 99-23 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. 99-23, 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 Planning Department within two (2) days of the Zoning Administrator's action. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM 3: COASTAL DEVELOPMENT PERMIT NO.99-26/CONDITIONAL USE PERMIT NO.99-65 (MILLER RESIDENCE) APPLICANT: Phil Edmondson, 2600 Newport Blvd., #114, Newport Beach, CA 92663 PROPERTY OWNER: David Miller, 16441 Malden Circle, Huntington Beach, CA 92649 REQUEST: To remodel an existing single family residence and construct a 562 square foot 1" story addition, a 309 square foot 2" d story addition, a 271 square foot 3"' story addition, a 41 square foot garage addition, and a 373 square foot game house addition for a total addition of 1556 square feet. The proposed addition will result in a maximum building height of 34.5 feet. LOCATION: 16441 Malden Circle (at the terminus of Malden Circle) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, stated the purpose of the request, the location, the surrounding uses, and zoning as reflected in the staff report. Staff stated that the request conforms with the General Plan and Zoning code requirements. Staff recommended approval based upon the ZA Minutes 01/05/00 11 (OOZM0105) findings with conditions as outlined in the staff report. Staff stated that one phone call was received from Jerry Urner of the Huntington Harbour Property Owner's Association. Staff stated that the association expressed approval of the request; however, a neighbor requested that the third story windows be frosted. Staff expressed agreement with the request to frost the windows. THE PUBLIC HEARING WAS OPENED. Jerry Urner, Huntington Harbour Property Owner's Association, stated that they have reviewed the item and concur. Joanne Koretoff, 16432 Malden Circle, neighboring property owner, expressed concerns regarding the windows on the second level, the landscaping, and possible renting of the accessory dwelling. Phil Edmondson, 2600 Newport Boulevard, Suite 114, Newport Beach, the applicant, addressed Ms. Koretoff s issues above, and stated that they were prepared to sign a covenant as suggested in condition 4.b. Mr. Edmondson took exception to condition Lb. David Miller, 16441 Malden Circle, the property owner, explained reasons for the turret and agreed to frosting the third story glass windows. Mary Beth Broeren, Zoning Administrator, asked Mr. Edmondson to explain the landscape plans for the subject site. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with Mr. Miller the removal of the bathtub/shower in the accessory structure. Ms. Broeren stated that she was going to approve the request with the following modifications to the conditions: 1. Condition Lb: add, "or the third story area will be incorporated within the second story roof volume." 2. Condition Lc: add, "all other third story windows shall be frosted." 3. Condition 4.b: add the wording "accessory structure." COASTAL DEVELOPMENT PERMIT NO.99-26/CONDITIONAL USE PERMIT NO.99-65 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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 CEQA 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 this project is an addition to an existing structure which will not increase the floor area by more than 50 percent or 2,500 square feet. P� ZA Minutes 01/05/00 12 (OOZM0105) FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-26: 1. Coastal Development Permit No. 99-26 for the development project, 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. 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. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-65: l . Conditional Use Permit No. 99-65 for the establishment, maintenance and operation of the third story addition resulting in a maximum height of 34.5 feet will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The third story is set back from the second story building exterior as required by code and the windows are designed to protect privacy of neighboring properties through the use of opaque glass. 2. The conditional use permit will be compatible with surrounding uses because the third story has been designed to protect the privacy of surrounding residences. The third story is set back from the second story building exterior and the windows are designed to protect privacy of neighboring properties through the use of opaque glass. In addition, the portion of the roof which extends above 30 feet is the turret room roof which encompasses a small portion of the total area of the home. 3. The proposed Conditional Use Permit No. 99-65 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 project meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. ZA Minutes 01/05/00 13 (OOZMO105) 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. Goal LU 4 Achieve and maintain high quality architecture, landscape, and public open spaces in the City. b. Objective LU 4.1 Promote the development of residential, commercial, industrial, and public buildings that convey a high quality visual image and character. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-26/ CONDITIONAL USE PERMIT NO.99-65: The site plan, floor plans and elevations received and dated October 21, 1999 shall be the conceptually approved layout with the following modifications: a. The bathtub/shower combination shall be removed from the accessory structure. b. The turret room shall be reduced by 25% in width and area and will only enclose the top of the stair landing or the third story area will be incorporated within the second story roof volume. c. All third story windows which do not face the public right of way shall be opaque. All other third story windows shall be frosted. 2. Prior to issuance of grading permits, the following shall be completed: a. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. (PW) c. A Grading Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval. (PW) 3. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All Fire Department requirements shall be noted on the building plans. (FD) ZA Minutes 01/05/00 14 (OOZM0105) 4. Prior to issuance of building permits, the following shall be completed: a. 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 Planning Department. b. The property owner shall sign, notarize, and record with the County Recorder a covenant assuring that the single family residence and accessory structure will be maintained as one (1) dwelling unit. c. All applicable Public Works fees shall be paid. (PW) d. A grading permit shall be issued. (PW) 5. Prior to final building permit inspection and approval the following shall be completed: a. 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. If a new water service is necessary, 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). The water service lateral shall be a minimum of 1 inch in size. (PW) b. The existing meter shall be replaced with a touch -read meter, and shall be sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). (PW) c. A backflow protection device is required for all water services. (PW) d. 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. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) f. A fire alarm shall be installed to provide: (FD) Water flow Audible alarms Smoke detectors g. Address numbers shall be installed to comply with City Specification 428. (FD) 6. 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 ZA Minutes 01/05/00 15 (OOZM0105) 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: Coastal Development Permit No. 99-26/Conditional Use Permit No. 99-65 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 99-26/Conditional Use Permit No. 99-65 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 Coastal Development Permit No. 99- 26/Conditional Use Permit No. 99-65, 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. 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. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. 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 Coup of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. An encroachment permit shall be required for all work within the right-of-way. (PW) [1 ZA Minutes 01/05/00 16 1 (OOZM0105) ITEM 4: COASTAL DEVELOPMENT PERMIT NOT, 99-27 (GALLAUGHER RESIDENCE) APPLICANT/ PROPERTY OWNER: Thomas F. and Sandra K. Gallaugher, 9801 Bogardus Ave., Whittier, CA 90603 REQUEST: To remodel an existing single family dwelling and construct a 370 square foot V story addition and a 1056 square foot 2" d story addition for a total addition of 1426 square feet. LOCATION: 3781 Ragtime Circle (on Ragtime Circle, south of Edinger) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans, stated the purpose of the request, the location, surrounding uses, and zoning. Staff stated that the project conforms to the General Plan and Zoning requirements. Staff recommended approval of the project based on the findings outlined in the staff report. Staff stated that no written or verbal comments were received. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the homeowner's association is in concurrence with the proposed item. Ms. Broeren also confirmed with staff that the garage complies with the turning radius requirements and confirmed the site coverage. COASTAL DEVELOPMENT PERMIT NO.99-27 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 CEQA: 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.99-27: 1. Coastal Development Permit No. 99-27 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 01/05/00 17 (OOZM0105) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable�pi&i`sions of the 1Viuriicipal Code. The project meets all development regulations for the Love tensity 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.99-27: The site plan, floor plans and elevations received and dated October 22, 1999 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the index. b. All new and existing work shall comply with the Uniform Building Code 1997 edition. c. Structural calculations shall be prepared to comply with the Uniform Building Code, 1997 edition. (BD) d. All Fire Department requirements shall be noted on building plans. (FD) 3. Prior to final building permit inspection and approval, the following shall be completed: a. The existing water service and meter serving the site may potentially be utilized if they are of adequate size, conform to current standards and are in working conditions as determined by the Water Division. If a new water service and/or meter are necessary, they 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). The water service lateral shall be a minimum of 1 inch in size. (PW) b. A backflow protection device is required for all water services. (PW) c. New driveway shall be per City Standard Plan No. 209 (residential driveway approach). (PW) d. New driveway shall be textured to minimize bulk. ZA Minutes O1105100 18 (OOZM0105) e. Removed driveway shall be. replaced with cilF&g�q ter, and sidewalk per the appropriate City standards (Standard Plans 202 and 207). (PNJ)�ro 1 f. A Public Works Construction Permit will be required for all work within the City right-of- way. (PW) g. Automatic sprinkler systems shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) h. A fire alarm system shall be installed providing Water Flow, Audible Alarms, and Smoke Detectors. (FD) i. 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. j. Address numbers shall be installed to comply with City Specification 428. (FD) 4. 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. 99-27 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 99-27 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 Coastal Development Permit No. 99-27, 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. 5. 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. ZA Minutes 01/05/00 19 (00ZM0105) 6. Construction shall be limited to,409. 1 d47 to 8:00 PM. Construction shall be y, prohibited Sundays and Federal h6lidO. iwthe=V403"S'00'for the posting of the Notice of 7. The app tll,subinit ek, ' ax m, T'bheck shall be made out to the County n' -'D� ktfh�ntWfthin two (2) days of the Zoning of Oraa&,e "d1;tiki�i0W',ta tb�, Plana g-,,, p Admxoi�.trator s action." 8. State- p Andated sqhW- ijfipaf pt f�csrshiff bq- j*d prior to issuance of building permits. 9. An encroachment perni4�,sfialt,&iOwred for all work within the right-of-way. (PW) THE MEETING NY to JOU NED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT,"GVARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNIESDAY,-JANUARY 12,2000 AT 1:30 PM. Mat B�eBroeren Zoning Administrator :rmk I ZA Minutes 0 1105100 20 (00zM0105)