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HomeMy WebLinkAbout2002-04-17• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 17, 2002 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 02-05 (BEACH BOULEVARD WIRELESS COMMUNICATIONS FACILITY — CONTINUED FROM THE MARCH 27, 2002 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: The Consulting Group for Cingular Wireless, 18500 Von Karman Avenue, Suite 870, Irvine, CA 92612 PROPERTY OWNER: Executive Park Huntington, 16181 Beach Boulevard, Suite 200, Glendale, CA 92647 REQUEST: To permit a wireless communications facility consisting of six (6) antennas and associated equipment cabinets. The antennas are proposed to be mounted on the roof of an existing three-story office building. LOCATION: 16162 Beach Boulevard (west side of Beach Boulevard, north of Stark Street) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, stated that the,applicant has requested a continuance to the May 15, 2002 meeting to allow the applicant time to pursue design alternatives. Mary Beth Broeren, Zoning Administrator, confirmed with staff that re -notification of the public hearing was not necessary, and that no written or verbal comments were received in response to the prior public notification. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT OPENED. CONDITIONAL USE PERMIT NO.02-05 WAS CONTINUED TO THE MAY 15, 2002 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 2: CONDITIONAL USE PERMIT NO 01-50 (RIGONAN RESIDENCE APPLICANT: Fred Ambatali, 2374 W. Lincoln Avenue, Anaheim, CA 92801 PROPERTY OWNER: Kathryn Rigonan, 9341 Tahiti Circle, Huntington Beach, CA 92646 REQUEST: To permit the construction of a 4,450 sq. ft., two-story single family residence with a maximum height of 31 ft. and a 406 sq. ft. roof top deck. 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: 9341 Tahiti Circle (north side of Tahiti Circle, east of Malibu Lane) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans, elevations and photographs stating the purpose, location and zoning of the requested project. Staff presented a review of the suggested findings and conditions of approval. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Staff stated that with the exception of the existing non -conforming garage, the proposed project complies with the Infill Lot Ordinance. Mary Beth Broeren, Zoning Administrator, reviewed the plans with staff and discussed the height restrictions as set forth by the zoning code as well as the location of the third -story deck. Ms. Broeren confirmed with staff that the third story would not be habitable and that usable space would not exist in the stairway. THE PUBLIC HEARING WAS OPENED. James Abowd, 9342 Tahiti Circle, neighboring property owner, stated that he did not receive notification of today's hearing. Mr. Abowd spoke in opposition to the proposed project stating that the nature of the neighborhood would be changed. Mr. Abowd also inquired into what controls will be in place during construction to ensure that access to the street will not be obstructed. Clint Brostadt, 22181 Malibu Lane, neighboring property owner, spoke in support of the proposed project. Mr. Brostad stated that the proposed project would be an improvement to the neighborhood as well as to the property values. Gina Calisher, 9352 La Jolla Circle, neighboring property owner to the rear of the proposed project, opposed the request stating that the proposed stairwell would create an obstruction of her view. ZA Minutes 04/17/02 2 (02=0417) Sue Walls, 9342 La Jolla Circle, neighboring property owner, expressed concern related to privacy issues stating that the subject project would look directly into her backyard thereby creating an intrusion. She asked if glass block could be used on the proposed second -story windows facing her property. Jim Powers, 22121 Luau Lane, stated that the proposed project would seriously impact his southwest ocean view. Mr. Powers requested a height restriction. He approached the plans and demonstrated the position of his ocean view in relation to the proposed project. Ron Calisher, 9352 La Jolla Circle, neighboring property owner to the rear of the proposed project, asked if the request is for a two- or three-story home. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that neither the applicant nor the property owner were present at today's meeting. Ms. Broeren displayed the elevations, reviewed the plans with staff, discussed the Infill Lot Ordinance, and concluded that the proposed project is within the confines of the Ordinance. Ms. Broeren explained that the City encourages property improvements. She stated that the City does not have an ordinance restricting second -story additions, and emphasized that the City strives to achieve a balance in respecting property owner rights and enjoyment of property. Ms. Broeren stated that since the second story is permitted and since the requested height is within the zoning code, she was going to approve the request. She noted that the third story is for a rooftop deck with partial obstruction of the neighboring property owner's view. She explained the appeal process and the procedure for filing an appeal in a timely manner. CONDITIONAL USE PERMIT NO. 01-50 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 APPROVAL - CONDITIONAL USE PERMIT NO. 01-50: Conditional Use Permit No. 01-50 to construct a 4,450 sq. ft., two-story single-family residence with a maximum height of 31 ft. and a 406 sq. ft. roof top deck 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 dwelling will be constructed in a single-family residential neighborhood, predominately developed with one and two story homes ZA Minutes 04/17/02 3 (02=0417) of comparable height and value. Based upon the conditions imposed, including a requirement for offset alignment of proposed windows with windows in adjacent dwellings, and the use of obscure • glass on bathroom windows, no detrimental impacts will result. 2. The conditional use permit will be compatible with surrounding uses since the proposed single- family dwelling will be constructed in a single-family residential neighborhood, predominately developed with one and two story homes of comparable height and value. The proposed roof -top deck is oriented away from adjacent properties. 3. The proposed Conditional Use Permit No. 01-50 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, including parking requirements, maximum building height, maximum lot coverage, and minimum yard setbacks. 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 RL-7 (Residential Low Density — 7 units per acre maximum) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures including: b. LU 9.2. lb: Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; c. LU 9.2.1d: Maintenance of privacy on abutting residences. 5. 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 15302 of the CEQA Guidelines, because the project consists of the demolition and replacement of a single-family dwelling on the same site with substantially the same purpose and capacity. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 01-50: The site plan, floor plans and elevations received and dated March 14, 2002 shall be the conceptually approved layout with the following modifications: a. Translucent glass shall be used for all bathroom windows facing existing residences. b. The first -floor window proposed at the northwest corner of the proposed dwelling shall be realigned to offset the first -floor window of the dwelling existing to the north. c. The first -floor bay window at the proposed dining room shall be realigned to offset the first - floor window of the dwelling existing to the west. d. The existing driveway shall be removed and replaced with a wider driveway, per the determination of the Public Works Department, if an acceptable turning radius cannot be achieved with the existing driveway. (PW) • ZA Minutes 04/17/02 4 (02zm0417) ® 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. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. c. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. d. The applicant shall disclose the method of demolition on the demolition permit application for review and approval by the Building and Safety Director. 3. Prior to submittal for building permits, the following shall be completed: a. 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. ® b. A detailed soils analysis shall be prepared by a Licensed Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (B&S) c. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 4. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. An evaluation of the existing water service and meter shall be made by the Water Division to determine condition and function of the facilities for continued use. If the existing domestic water service and meter are not to be used, a new service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC). The water service shall be a minimum of 1-inch in size. (PW) b. A separate backflow protection device shall be installed, per Water Division standards for domestic water service. (PW) ZA Minutes 04/17/02 5 (02zm0417) c. If not used, the existing domestic water service and meter shall be abandoned per Water Division standards. (PW) d. Address numbers shall be installed on structures to comply with Fire Dept. City Specification 428. (FD) e. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. f. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (PW) b. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (PW) c. Wet down the areas that are to be graded or that are being graded, in the late morning and after work is completed for the day. (PW) d. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (PW) e. Prior to leaving the site, all haul trucks shall be washed off on -site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (PW) f. Comply with AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (PW) g. Construction equipment shall be maintained in peals operating condition to reduce emissions. h. Use low sulfur (0.5%) fuel by weight for construction equipment. i. Truck idling shall be prohibited for periods longer than 10 minutes. j. 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. k. Compliance with all Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) The Plamiing 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 40 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 ZA Minutes 04/17/02 6 (02zm0417) Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision ® Ordinance. 7. 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 REOUIREMENTS: 1. Conditional Use Permit No. 01-50 shall not become effective until the ten calendar day appeal period has elapsed. 2. Conditional Use Permit No. 01-50 shall become null and void unless exercised within one year of the date of final approval which is April 17, 2003, 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. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 01-50, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. 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. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within the right-of-way. (PW) 9. Standard landscape code requirements apply (Chapter 232 of the Zoning and Subdivision Ordinance). ITEM 3: VARIANCE NO. 02-03 (HEMSERI RESIDENCE) APPLICANT: Huntington Beach, CA 92382 PROPERTY OWNER: Kent Hemseri, 21022 Galbar Circle, Huntington Beach, CA 92646 REQUEST: To permit an approximate 506 sq. ft. first and second story addition with a rear yard setback of five ft. in lieu of the required 10 ft. LOCATION: 21022 Galbar Circle (east side of Galbar Circle, north of Dana Drive) PROJECT PLANNER: Paul Da Veiga ZA Minutes 04/17/02 7 (02zm0417) Paul Da Veiga, Staff Planner, displayed project plans 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, and because other variances have been approved for reduced rear yard setbacks for similar second -story additions on irregularly shaped lots within the same zoning classification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that no written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. John Lapi, P.O. Box 1079, applicant, approached the plans and addressed the windows in the stairwell. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Staff recommended that Condition No. 4.a be modified as follows: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. VARIANCE NO. 02-03 WAS 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) 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 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.02-03: The granting of Variance No. 02-03 to permit an approximate 506 sq. ft. first and second story addition with a rear yard setback of five ft. in lieu of the required 10 ft. will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including the shape of the property and location of existing improvements, 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 is irregularly shaped and contains five separate non -perpendicular property lines where most residential properties have four. The location of the ZA Minutes 04/17/02 8 (02zm0417) property lines and existing location of the residence results in an unconventional portion of the 40 rear yard, which would otherwise be largely under-utilized by the applicant. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. Due to the physical shape of the subject property and location of the existing residence, the first and second story addition would be required to be setback 10 feet from the rear property line in order to accommodate the minimum rear yard setback, which would result in an underutilized portion of the property. The granting of the variance allows the applicant to utilize an area of the rear yard that would not have practical use as a rear yard area. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The granting of the variance does not impact the abutting 200-foot wide utility easement to the rear of the property. The addition will result in a 30-foot building separation from the adjacent residence which provides adequate distance between habitable areas on the subject property and adjacent lots. 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. CONDITIONS OF APPROVAL — VARIANCE NO.02-03: 1. The site plan, floor plans, and elevations received and dated February 14, 2002 shall be the conceptually approved layout with the following modifications: a. 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) b. 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. ZA Minutes 04/17/02 9 (02zm0417) c. 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. 4. Prior to final building pen -nit 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. 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) e. The existing 1/4-inch water meter serving the proposed development shall be replaced with a touch -read meter. The new domestic water meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code. 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. • ZA Minutes 04/17/02 10 (02=0417) 0 INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Variance No. 02-03 shall not become effective until the ten calendar day appeal period has elapsed. 2. Variance No. 02-03 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. 02-03, 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. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be 46 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 County 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 2:45 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 24, 2002 AT 1:30 PM. Ma y Bet Broeren 0 Zoning Administrator :rmk ZA Minutes 04/17/02 11 (02zm0417)