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HomeMy WebLinkAbout2001-04-18MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR ® Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 18, 2001 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Amy Wolfe, Ramona Kohlmann (recording secretary) MINUTES: March 28, 2001 Minutes were approved ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO. 01-12 (ERICKSON — LARGE FAMILY DAYCARE) APPLICANT/ PROPERTY OWNER: Pamela Erickson, 10092 Meredith Drive, Huntington Beach, CA 92646 REQUEST: To permit a large family childcare facility (up to 12 children) at an existing single family residence. LOCATION: 10092 Meredith Drive (south side of Meredith Drive, approximately 385 ft. east ofBrookhurst Street) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff summarized the code as setforth by the State of California for family day care homes on lots zoned for single family residential dwellings, as well as the State guidelines in which local jurisdictions may grant a use permit. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One letter was received in response to the public notification opposing the proposed project, and a few telephone calls were received expressing support. Mary Beth Broeren, Zoning Administrator, asked staff why Condition No. 3.b allows outdoor activities until 5:30 PM when the applicant's narrative states that outdoor activity will be until 1:00 PM. Staff stated that the change to 5:30 PM is to allow the applicant flexibility. Ms. Broeren stated that she received a letter from Barbara Di Siena, 10122 Meredith Drive, neighboring property owner. Ms. Di Siena's letter stated that there have been times when 22 to 28 children were at the applicant's childcare facility. Discussion ensued with Ms. Broeren and staff concerning the allowable ages of the children and the fact that the requested conditional use permit ® (CUP) is the result of a Code Enforcement complaint. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. 0 Ms. Broeren asked Ms. Erickson, applicant, how many children will be at the childcare facility and how long the childcare facility was operating prior to being licensed. Ms. Broeren advised the applicant that any children in excess of 12 would be a violation of the CUP and may result in a revocation hearing. Ms. Broeren confirmed with the applicant that she has read and understands the conditions and will obtain the necessary permits from the Fire Department. Ms. Broeren questioned the applicant concerning her intended hours. Ms. Erickson stated that the extension to 5:30 PM would allow her to accommodate any parents who may have been delayed by an emergency in picking up their children. Ms. Broeren confirmed with the applicant that, in general, the children will be picked up by 1:00 PM. Ms. Broeren stated that she was going to approve the request based upon stars recommendations, and the fact that no one is present at the hearing to speak in opposition. Ms. Broeren asked staff to modify Finding No. .1 to include that in addition to the large front yard play area, a landscaped parkway and sidewalk provide an additional buffer zone from Meredith Drive. CONDITIONAL USE PERMIT NO. 01-12 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. 9 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 large family daycare is a residential use of the subject property and involves negligible or no expansion of the existing use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 01-12 The large family childcare facility (up to 12 children) 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 proposed family day care is an expansion of use from an existing small family day care (up to 6 children) into a large family day care (up to 12 children). The use will be accommodated within the existing single-family residence and no physical alterations to the property are proposed as part of this project. In addition to the large front yard play area, a landscaped parkway and sidewalk provide an additional buffer zone from Meredith Drive. The property can accommodate parking required by the Huntington Beach Zoning and Subdivision Ordinance since it has a two -car garage, a driveway that can accommodate two vehicles, and adjacent on -street parking. With the imposed conditions, the proposed day care home will not generate adverse noise or traffic impacts to the surrounding neighborhood. 0 ZA Minutes 04/18/01 2 (01=0418) 2. The conditional use permit will be compatible with surrounding uses because required parking will is be provided on the site and drop-off and pick-up parking is available along the street in front of the residence. Specific conditions, including limiting hours and days of operation, will minimize potential traffic and noise impacts resulting from the proposed day care use. The proposed Conditional Use Permit No. 0 1- 12 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. No construction is proposed as part of the establishment of the day care and the required parking can be accommodated on -site. 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 Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Objective LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. b. Policy LU 9.4.1 —Accommodate the development of parks, sports facilities, schools, libraries, community meeting facilities, religious facilities, and similar community -serving uses in all residential areas, provided that they are compatible with adjacent residential uses and subject to review and approval by the City and other appropriate agencies. 0 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-12 The site plan, floor plans, and elevations received and dated February 20, 2001 shall be the conceptually approved layout. 2. Prior to the commencement of use (accepting more than 6 children for day care), the following requirements shall be met: a. The use shall comply with California State Fire Marshal Standards/Conditions for large family day care. (FD) b. The use shall receive approval of California Department of Social Services for day care use and submit a copy of the license to the Planning Department for inclusion into the entitlement file. (FD) c. Provide a State Fire Marshal approved single station smoke detector located per the manufacturer's and Huntington Beach Fire Code requirements. (FD) d. Address numbers shall be installed to comply with City Specification 428. (FD) e. Provide a State Fire Marshal approved device for sounding a fire alarm. (FD) is f. Provide an approved fire extinguisher with a minimum rating of 2A:10BC, which shall be mounted in a conspicuous location in an approved manner. (FD) ZA Minutes 04/18/01 3 (Olzm0418) g. The existing pool/spa shall be isolated from the home by a barrier conforming to Section 17.46.050 of the Huntington Beach Municipal Code. (FD) • h. Provide, or show to the satisfaction of the Fire Department inspectors, every unenclosed gas - fired water heater or furnace which is within the area used for child care in a large -family daycare home and a protection device shall be provided to prevent children from making contact with those appliances. (BD) i. A Certificate of Occupancy shall be issued for this use. (BD) j. Submit copy of the City Business License for the day care use to the Department of Planning. 3. The use shall comply with the following: a. Hours of operation shall be limited to between 7:00 AM and 5:30 PM Monday through Friday. b. Between the hours of 7:00 AM and 8:00 AM, the day care use shall be limited to the enclosed areas of the residential unit. Outdoor play and other outdoor activities associated with the day care use and occurring on the property shall be limited to between 8:00 AM and 5:30 PM Monday through Friday. c. No enrollment over 12 children, including operator and/or employee's children, shall be permitted at the day care home. 9 d. Employees P to shall ark in the garage or in the driveway to reduce impacts to on -street parking. e. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. f. No signs identifying the day care facility shall be placed on the property. g. Loading and unloading of children from vehicles shall only be permitted on the driveway or on the public street directly in front of the residence. 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. Conditional Use Permit No. 01-12 shall not become effective until the ten -calendar day appeal period has elapsed. ZA Minutes 04/18/01 4 (O1zm0418) 2. Conditional Use Permit No. 01-12 shall become null and void unless exercised within one year of ® the date of final approval that is April 18, 2002, 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. 01-12, 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. The applicant shall submit a check in the amount of $43.00 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. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 00-20/CONDITIONAL USE PERMIT NO. 00-54 (PROCHNOW RESIDENCE) APPLICANT: Richard Anderson, 128 S. Glassel Street, Orange, CA 92866 PROPERTY OWNER: Steve and Karen Prochnow, 3472 Gilbert Drive, Huntington Beach, CA 92649 REQUEST: CDP: To demolish a 2,034 sq. ft. single-family dwelling and construct a 4,986 sq. ft. single-family dwelling. CUP: To allow habitable area above the second story. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 3472 Gilbert Drive (Huntington Harbor, south of Sommerset Lane, north of Peale Lane) PROJECT PLANNER: Ron Santos Amy Wolfe, Staff Planner sitting in for Ron Santos, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One telephone call was received from Elaine Yee, 3452 Gilbert Drive, neighboring property owner, concerning blockage of views from her single story residence. Ms. Yee indicated that she would not be able to attend today's hearing and has not had an opportunity to review the project plans. No written or other verbal comments were received in response to the public notification. ZA Minutes 04/18/01 5 (01=0418) THE PUBLIC HEARING WAS OPENED. Judy Nichols, 3492 Gilbert Drive, neighboring property owner, came forward to review the site plans • with staff. Ms. Nichols stated that she had no problems with the proposed project. Leon Salem, 16662 Melville Circle, neighboring property owner, expressed privacy concerns because the proposed third -story window will be facing his master bedroom. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, reviewed the plans and asked the applicant to explain the position and use of the room where the third -story window will be located. Ms. Broeren stated that since the third -story room will be used as an exercise room and the window would be situated at a stairwell, potential impact to Mr. Salem's property would be nominal, if at all. COASTAL DEVELOPMENT PERMIT NO.00-20/CONDITIONAL USE PERMIT NO.00-54 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 15303 of the CEQA Guidelines, because the project consists of construction of one single- family dwelling on a previously improved lot in an urbanized residential zone. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.00-20: Coastal Development Permit No. 00-20 for demolition a 2,034 sq. ft. single-family dwelling and construction of a 4,986 sq, ft. single-family dwelling, conforms with the General Plan and Local Coastal Program 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 al development regulations for the Low Density Residential zoning district, including building height, setbacks, site coverage and parking, and is consistent with the City Design Guidelines. 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. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available. ZA Minutes 04/18/01 6 (OlzmO418) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 00-54: Conditional Use Permit No. 00-54 for construction of a 4,986 sq. ft. single-family dwelling with habitable area above the second story 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 residence inclusive of building height, will integrate well with the existing neighborhood. 2. The conditional use permit will be compatible with surrounding uses because the proposed building massing and height will be comparable with existing multi -story homes in the immediate vicinity. The subject development will be consistent with limitations imposed upon other properties in the immediate area. 3. The proposed Conditional Use Permit No. 00-54 will comply with the provisions ofthe'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. is4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL-7 (Residential Low Density - 7 DU/acre) on the subject property. In addition, it is consistent with the following goals and 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. ZA Minutes 04/18/01 7 (O1zm0418) CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.00-20: The site plan, floor plans, and elevations received and dated March 29, 2001, shall be the conceptually approved layout. 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB's. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. e. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 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. A Building Code Analysis showing compliance with 1997 UBC for means of egress shall be provided on the plan set title sheet. (B&S) c. All Fire Department requirements shall be noted on the building plans. (FD) 4. Prior to issuance of building permits, the following shall be completed: a. A landscape plan must be submitted to the Department of Public Works and approved by the Departments of Public Works and Planning which identifies the location of all proposed and existing to remain plant materials within the front yard setback. The landscape plan shall reflect conformance with the requirements of Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines for landscaping, including planting of one 36-inch box tree or the palm equivalent, and a minimum of 40 percent coverage, in the front yard. b. A Fire Protection Plan, in compliance with City Specification 426, shall be submitted to the Fire Department for review and approval. (FD) c. An area by area breakdown supporting the statement that total floor area is less than 5,000 square -feet shall be submitted to the Fire Department. An automatic fire sprinkler and alarm system may be provided in lieu. (FD) . ZA Minutes 04/18/01 8 (O1zm0418) 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 permit inspection and approval 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; 2) A new water service sized to meet the minimum requirements set by the Uniform Plumbing Code and Uniform Fire Code shall be installed per Water Division standards, if determined necessary. The service lateral shall be a minimum of one -inch in size and the meter shall be the touch -read type. The existing water service currently serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and in is working condition as determined by the Water Division; (PW) 3) A separate backflow protection device shall be installed for all new and existing water services; (PW) 4) Address numbers shall be installed to comply with City Specification No. 428. The size of the numbers will be a minimum of six (6) inches with a brush stroke of one and one-half (1- 1/2) inches; (FD) 5) A fire hydrant shall be provided at a location specified by the Fire Department (City Specification 407) before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department. An automatic fire sprinkler and fire alarm system may be installed throughout, in substitution of the hydrant. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) b. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to the Planning Department. c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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. ZA Minutes 04/18/01 9 (01=0418) 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. 8. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 00-20/Conditional Use Permit No. 00-54 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. 00-20/Conditional Use Permit No. 00-54 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. 00- 20/Conditional Use Permit No. 00-54, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Coun 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. Prior to issuance of Building Permits for new construction in the Downtown Specific Plan (SP-5) area, a Downtown Specific Plan fee shall be paid. ZA Minutes 04/18/01 10 (01=0418) 10. An encroachment permit shall be required for all work within the right-of-way. (PW) ® 11. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. (FD) 12. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. ITEM 3: VARIANCE NO. 01-01 (GLICKMAN RESIDENCE) APPLICANT: The Louie Group, 19092 Callaway Circle, Huntington Beach, CA 92648 PROPERTY OWNER: Mark W. Glickman, 1482 Merion Way, Apt 316, Seal Beach, CA 90740 REQUEST: To construct a detached two -car garage with one (1) ft. in lieu of three and two tenths (3.2) ft. side yard building setback. LOCATION: 611 Frankfort Avenue (north side of Frankfort Avenue between Hill Avenue and Delaware Street) PROJECT PLANNER: Amy Wolfe Amy Wolfe, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. One telephone call was received from a resident inquiring into the location of the variance and subsequently expressed no concerns. No written or other verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that adequate space exists behind the garage to accommodate the parking of two cars. THE PUBLIC HEARING WAS OPENED. Louie Hernandez, 19092 Callaway Circle, applicant, came forward to review the plans. Mr. Hernandez confirmed that the fireplace projection would be subject to Condition No. l.a. thereby requiring a cutback of 10 feet. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. VARIANCE NO. 01-01 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 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 ZA Minutes 04/18/01 11 (01zm0418) section 15303 of the CEQA Guidelines, because the project involves construction of a single-family residence within an urbanized area. FINDINGS FOR APPROVAL - VARIANCE NO. 01-01: • The granting of Variance No. 01-01 to allow the construction of a detached two -car garage with one (1) ft. in lieu of three and two tenths (3.2) ft. side yard building setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other variances have been approved for reduced side yard setbacks for similar shaped lots within the same neighborhood and zoning classification. 2. Because of special circumstances applicable to the subject property, including shape and location 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 subject lot tapers approximately 11 ft. between the front and the rear property line resulting in an approximately lot width of 20.72ft. along the rear property line. Due to the tapered shape of the lot, the reduced rear yard width substantially limits the construction of a standard 19 ft. wide two - car garage with alley access. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Due to the narrowness of the rear of the lot, the garage would be required to be moved forward to accommodate the minimum side yard setbacks, which would result in a 40 ft. long driveway, substantially reducing the buildable area of the lot. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to • property in the same zone classification. Minimum side yard setbacks will be maintained on one side allowing for emergency access into the rear yard. Adequate distance between habitable areas on the subject property and adjacent lots will be maintained. 5. The granting of the variance 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 goals and policies of the General Plan: LU4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. LU 15.5 Ensure that development achieves the visual and physical character intended for the district in which it is located. CONDITIONS OF APPROVAL — VARIANCE NO. 01-01: 1. The site plan, floor plans and elevations received and dated February 23, 2001 shall be the conceptually approved layout with the following modifications: a. The proposed development plans shall be revised to provide a minimum distance of 10 ft. between the dwelling and the garage structure. (Code Requirement) ZA Minutes 04/18/01 12 (O1zm0418) b. The exterior walls and roof of the garage shall not have openings of any type within a ® minimum of 3 ft. from the side property lines. (BD) c. Exterior walls less than 3 ft. from a property line shall be a minimum 1-hour fire rated construction. (BD) d. Eave projections shall be designed to comply with Uniform Building Code requirements. (BD) e. 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) f. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) Is g. 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. h. 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. 2. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and approval. The following improvements shall be shown on the plan: (PW) 1) Curb, gutter and sidewalk along the property frontage on Frankfort Ave. 2) Dedication of additional 2.5 ft. of public alley right-of-way. 3) Repave half -width of existing alley plus pave 2.5 ft. of additional dedicated right-of- way. ZA Minutes 04/18/01 13 (O1zmO418) 4) A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the Uniform Plumbing Code. The service shall be a minimum of one -inch in size. The irrigation water service may be combined with the domestic water service. 0 5) The existing water service shall be abandoned per Water Division standards. 6) Install new sewer lateral. b. A soils report shall be submitted for review only. (PW) c. 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 whom 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. d. Site plans and elevations depicting the height and material of all retaining walls, 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. 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. 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; ZA Minutes 04/18/01 14 (OlzmO418) 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. 5. Prior to final building permit inspection and approval 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) All improvements as shown on the approved grading plan. (PW) 2) Provide clear access (gated) to the rear of the lot. (FD) 3) An automatic fire sprinkler and fire alarm system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) 4) Address numbers will be installed to comply with Fire Department City Specification No. 428. The size of the numbers will be 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. 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 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. Variance No. 01-01 shall not become effective until the ten -calendar day appeal period has elapsed. ® 2. Variance No. 01-01 shall become null and void unless exercised within one year of the date of final approval which is April 18, 2002 or such extension of time as may be granted by the ZA Minutes 04/18/01 15 (01=0418) 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. 01-01, 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 fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 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 $43.00 for the posting of the Notice of Fxzmption 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. 8. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. 9. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). (PW) 10. Traffic Impact Fees shall be paid ($120/ trip). (PW) 11. State -mandated school impact fees shall be paid prior to issuance of building permits. 12. A Certificate of Occupancy must be issued by the Planning Department and Building and Safety Department prior to occupying the building. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 2, 2001 AT 1:30 PM. Mary Aeth B eren Zoning Administrator • :rmk ZA Minutes 04/18/01 16 (O1zm0418)