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HomeMy WebLinkAbout2002-04-030 E 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 3, 2002 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: March 13, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: VARIANCE NO.02-01 (RAYHAN RESIDENCE) APPLICANT/ PROPERTY OWNER: Syrus and Ellie Rayhan, 4712 Calhoun Drive, Huntington Beach, CA 92649 REQUEST: To permit a second story bedroom addition above an existing side -entry garage. The addition is proposed with a front yard setback of 10 feet 8 inches in lieu of the required minimum15 ft. LOCATION: 3612 Venture Drive (south side of Venture Drive, east of Sundance Lane) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans, photographs and elevations depicting the distinction between the first and second floors. Staff stated the purpose of the proposed project, the zoning and the location of the waterfront property. Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification. Ms. Broeren also confirmed with staff that other properties within the tract, with similar existing additions, have been granted variances. She asked staff's reason for Condition No. La. Staff stated that the condition is being imposed so the matrix will include the calculations. THE PUBLIC HEARING WAS OPENED. 0 Frank Mirjahangir, 36512 Venture Drive, consultant to the applicant, requested direction from staff concerning Condition No. Lb, the required setback, and the amended site plan as required in Condition No. La. Syrus Rayhan, 4712 Calhoun Drive, applicant, expressed thanks for the help extended by staff. Mr. Rayhan verified the use of materials as set forth in Condition No. Lb. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that because the proposed project is compatible with the area, she was going to approve the request. She emphasized that the setback shall begin at 10 feet. Ms. Broeren asked staff to modify the Suggested Findings of Approval as follows: Finding No. 2: Because of special circumstances applicable to the subject property, including the location of the existing garage, 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 existing residence is built with a side entry garage with a ten -foot front yard setback. Due to the location of the existing garage the applicant is requesting to construct a second story addition up to the existing building line of the garage, consistent with several other homes within the subject tract. Finding No. 3: The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. Due to the location of the existing garage, the second story addition would be required to be setback five feet from the facade of the existing garage in order to accommodate the minimum front yard setback, which would result in an offset of the front facade and reduce the buildable area on the second floor. Applying the required 15-foot setback would also require additional design considerations for drainage resulting from the offsetting condition from the garage facade. VARIANCE NO.02-01 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 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) ZA Minutes 04/03/02 2 (02zm0403) 0 pursuant to section 15301 since the project will result not result in an expansion of the existing use and is located in an urbanized area. FINDINGS FOR APPROVAL - VARIANCE NO.02-01: The granting of Variance No. 02-01 to allow the second story addition of a single family residence with a ten -foot front yard setback in lieu of the required 15-foot 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 front yard setbacks for similar second -story additions within the same neighborhood and zoning classification. 2. Because of special circumstances applicable to the subject property, including the location of the existing garage, 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 existing residence is built with a side entry garage with a ten -foot front yard setback. Due to the location of the existing garage the applicant is requesting to construct a second story addition up to the existing building line of the garage, consistent with several other homes within the subject tract. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. Due to the location of the existing garage, the second story addition would be required to be setback five feet from the facade of the existing garage in order to accommodate the minimum front yard setback, which would result in an offset of the front facade and reduce the buildable area on the second floor. Applying the required 15-foot setback would also require additional design considerations for drainage resulting from the offsetting condition from the garage facade. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. Required setbacks will be maintained on all other sides 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 Low Density (RL) on the subject property. In addition it is consistent with the following goals and policies of the General Plan: a. LU4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. b. LU 15.5 Ensure that development achieves the visual and physical character intended for the district in which it is located. ZA Minutes 04/03/02 3 (02=0403) CONDITIONS OF APPROVAL — VARIANCE NO.02-01: 1. The site plan, floor plans, and elevations received and dated January 24, 2002 shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to reflect the location of the 40% required front yard landscaping. b. The applicant shall provide an architectural feature to break up the massing between the first floor and second floor of the proposed residence. This could be achieved by providing an exterior band between the first and second floor, or similar design solution, subject to the approval of the Planning Director. c. 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) 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. 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 submittal for building permits, Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. 3. Prior to issuance of demolition permits, the following shall be completed: a. Wet down areas in the late morning and after work is completed for the day. b. Use low sulfur fuel (.05%) by weight for construction equipment. c. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). d. Discontinue construction during second stage smog alerts. ZA Minutes 04/03/02 4 (02zm0403) 4. 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 and the applicable conditions of Coastal Development Permit No. 00-11. 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. Address numbers shall be installed to comply with City Specification #428-Premise Identification. (FD) 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. ® 6. All proposed cantilevered deck, dock, and ramp improvements shall require separate permits for the improvements located in the public waterway. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 02-01 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 02-01 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. 02-01, 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. An encroachment permit shall be required for all work within the City's right of way. 6. 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 04/03/02 5 (02=0403) 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be • prohibited Sundays and Federal holidays. 8. The applicant shall submit a check in the amount of $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 Count of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 9. 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. THE MEETING WAS ADJOURNED AT 1:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 10, 2002 AT 1:30 PM. Mar Beth broeren Zoning Administrator :rmk • ZA Minutes 04/03/02 6 (02zm0403)