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HomeMy WebLinkAbout2003-02-12MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 12, 2003 - 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: COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40NARIANCE NO. 02-09 (TODD RESIDENCE — CONTINUED FROM • THE JANUARY 22, 2003 MEETING WITH THE PUBLIC HEARING OPEN): APPLICANT: W. Gary Lamb, 320 Pine Avenue, #610, Long Beach, CA 90802 PROPERTY OWNER: Allen Todd, 16412 Ardsley Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft. CUP: To construct an addition to an existing single-family dwelling with (a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second -story top plate line and; VAR: To construct (a) 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume. LOCATION: 16412 Ardsley Circle (south of Humboldt Drive, at the bulb of the cul-de-sac) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the proposed project. Staff stated that the item was continued from the January 22, 2003 meeting in order to allow the applicant sufficient time to present revised plans. 0 Staff presented a review of the revised plans and recommended the following: • Approval of the coastal development permit and the conditional use permit based upon revised findings for approval. • Denial of the variance based upon the findings as outlined in the staff report. Staff stated that a copy of the revised findings and conditions of approval has been given to the applicant. THE PUBLIC HEARING WAS OPENED. W. Gary Lamb, 320 Pine Avenue, #610, Long Beach, applicant, stated a willingness to work with staff in order to achieve the Planning Department's requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she agrees with staffs assessment and the findings for denial of the variance. She stated that she was going to approve the coastal development permit and the conditional use permit with the condition that the proposed third floor shall be designed within the confines of the roof volume. COASTAL DEVELOPMENT PERMIT NO.02-21/CONDITIONAL USE PERMIT • NO. 02-40 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. VARIANCE NO. 02-09 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. 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 project consists of an addition to an existing single-family dwelling. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft., as conditioned, conforms with the General Plan and Local Coastal Program Land Use designation of • ZA Minutes 2/12/03 2 (03zm0212) Residential Low -Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the Residential Low -Density base zoning district, as well as other applicable provisions of the Municipal Code. The project, as conditioned, complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on -site parking, and is consistent with the City's Urban Design Guidelines. 3. At the time of occupancy the proposed development can be provided with infrastructure and services 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, including water, sewer and roads. 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. 02-40: • 1. Conditional Use Permit No. 02-40 to construct an addition to an existing single-family 0 dwelling with (a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second - story top plate line, 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 single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. Conditions of approval requiring the proposed third floor to be redesigned within the volume of the roof will ensure compatibility with the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses, since the design, materials, height, size and massing of the proposed dwelling, as conditioned to require the proposed third floor to be redesigned within the volume of the roof, will be comparable with other dwellings existing in the surrounding neighborhood 3. The proposed project, as conditioned, 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 ZA Minutes 2/12/03 3 (03zm02.12) per acre maximum) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2. lb: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1 c: Maintenance of privacy on abutting residences. Conditional Use Permit No. 02-40 requires that the proposed third floor addition be re- designed within the confines of the roof volume to ensure compatibility with the surrounding neighborhood. Moreover, the proposed addition will not exceed the height limit allowed by right in the RL district (30 feet), and will provide the additional setback required for third floor decks. FINDINGS FOR DENIAL - VARIANCE NO. 02-09: The granting of Variance No. 02-09 to construct (a) 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. The granting of the variances will be materially detrimental to the public welfare or injurious to property in the same zone classification. The requested variance would allow for construction of an addition designed inconsistently with the desired character of the neighborhood. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMIT NO. 02-40: 1. The site plan, floor plans and elevations received and dated February 5, 2003, shall be the conceptually approved layout with the following modifications: a. The proposed third floor shall be designed within the confines of the roof volume. b. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes, and similar items on the site plan and elevations. 2. Prior to submittal for 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 to the Planning Department for review and approval and inclusion in the entitlement file. b. 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 ZA Minutes 2/12/03 4 (03zm0212) (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. c. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City specification #426 —Fire Safety Requirements for Construction Sites. (FD) b. For Fire Department approval, plans for an automatic fire sprinkler system shall be submitted to the Building & Safety Department as separate plans for permits. (FD) c. For Fire Department approval, shop drawings for a fire alarm system shall be submitted to the Building & Safety Department as separate plans for permits. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved workplan modified accordingly. (FD) • b. All applicable 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) C: 5. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. An automatic fire sprinkler system shall be installed throughout in accordance with approved plans. (FD) b. An fire alarm system shall be installed in accordance with approved plans. (FD) c. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) d. A new sewer lateral shall be installed. (PW) e. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The water service shall be a minimum of one inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards for domestic water service. (PW) ZA Minutes 2/12/03 5 (03zm02.12) g. The existing domestic water service and meter shall be abandoned per Water Division standards. (PW) h. Provide a 36-inch box tree or palm equivalent in the front yard. (PW) 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. Building permits shall be obtained for the accessory structures constructed without permits or structures shall be demolished. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 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 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 REQUIREMENTS: Coastal Development Permit No. 02-2 1 /Conditional Use Permit No. 02-40 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. 02-2 1 /Conditional Use Permit No. 02-40 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. 02-21/Conditional Use Permit No. 02-40, 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. • ZA Minutes 2/12/03 6 (03zm0212) u • W 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 & Safety, 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) Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. ITEM 2: COASTAL DEVELOPMENT PERMIT NO. 02-32/CONDITIONAL USE PERMIT NO. 02-68 (ZIMMERMAN BLOCK WALL): APPLICANT/ PROPERTY OWNER: Mark Zimmerman, 17140 Edgewater Lane, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 6-foot high block wall within the required 15-foot front yard setback in lieu of the maximum allowable height of 42 inches, at a distance of 4 feet, 6 inches from the front property line. LOCATION: 16951 Bolero Lane (west side of Bolero Lane, south of Finisterre Drive on Davenport Island) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the proposed project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the staff report. ZA Minutes 2/12/03 (03=0212) Staff recommended revisions to the findings as follows: Finding No. 1: Conditional Use Permit No. 02-68 for the establishment and maintenance of a 6-foot high block wall within the required 10-foot front yard setback (per the tract variance) in lieu of the maximum allowable height of 42 inches, at a distance of seven feet from the front property line, 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 wall, as conditioned, will be developed with a landscape planter that will improve the appearance of the block wall along the street frontage. Finding No. 2: 2. The conditional use permit for the 6-foot combination block wall will be compatible with surrounding properties because the block wall, as conditioned, will be consistent with other block wall developments within the neighborhood, which have been developed with courtyard walls within the required 10-foot front yard setback. THE PUBLIC HEARING WAS OPENED. Mark Zimmerman, 17140 Edgewater Lane, applicant, presented a history of the existing pool and related access problems. 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. A general discussion ensued with staff and the applicant. Ms. Broeren confirmed with the applicant that the gate will be closed. Ms. Broeren stated that she was going to approve the request with the modified findings as recommended by staff. COASTAL DEVELOPMENT PERMIT NO. 02-32/CONDITIONAL USE PERMIT NO. 02-68 WERE 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) 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 u ZA Minutes 2/12/03 8 (03zm0212) (CEQA) pursuant to section 15301 of the CEQA Guidelines. The project consists of minor alterations to a developed residential property involving no expansion of use beyond that existing at the time of the lead agency's determination. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-32: Coastal Development Permit No. 02-32 for the development of a six-foot high block wall as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposal is for a six-foot high block wall in lieu of the maximum height of 42 inches within the front yard setback. The proposed wall will not negatively impact any public views or access to coastal amenities since there are none existing at the subject site. 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. Walls are a permitted use in all zoning districts. The Zoning Code allows a deviation from the standards for height of walls within a required setback subject to the approval of a Conditional Use Permit. All the required findings have been made to allow the increase in block wall height. 3. The proposed development has been provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure is currently in place, therefore, no further improvements to the infrastructure shall be required. ® 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreation exists on the subject site; therefore, no impacts exist. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-68: Conditional Use Permit No. 02-68 for the establishment and maintenance of a 6-foot high block wall within the required 10-foot front yard setback (per the tract variance) in lieu of the maximum allowable height of 42 inches, at a distance of seven feet from the front property line, 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 wall, as conditioned, will be developed with a landscape planter that will improve the appearance of the block wall along the street frontage. 2. The conditional use permit for the 6-foot combination block wall will be compatible with surrounding properties because the block wall, as conditioned, will be consistent with other block wall developments within the neighborhood, which have been developed with courtyard walls within the required 10-foot front yard setback. 3. The proposed Conditional Use Permit No. 02-68 for a 6-foot high block wall 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. The Zoning Code allows for a ZA Minutes 2/12/03 9 (03zm0212) U deviation from the height requirements within the required setback area with the approval of a Conditional Use Permit. 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. Avoid building materials, colors, and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b) b. Include an adequate landscape setback along the street frontage that is integrated with abutting sidewalks and provides continuity throughout the neighborhood. (LU 9.2. Le) The project, as conditioned, will be developed with a 7-foot landscape setback along the adjacent sidewalk which will improve the aesthetics of the streetscape and soften the look of the proposed wall. The exterior finish of the wall will be stucco with a decorative cap which is compatible with the colors and materials of the residence, currently under construction. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-32/ CONDITIONAL USE PERMIT NO.02-68• 1. The site plan and elevations received and dated November 18, 2002, shall be the conceptually approved layout with the following modifications: a. The six-foot block wall shall be setback a minimum of seven feet from the front property. b. No portion of the six-foot block wall shall encroach within the 10-foot angle of visibility triangle as identified on the site plan. c. One twenty-four (24) inch box tree shall be planted within the front yard setback. 2. 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. Submit a copy of the revised site plan pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. The site plan shall indicate the proposed landscape materials, including but not limited to, grasses, ground cover, shrubs, and vines to achieve a layering effect between the fence and front property line. 3. Prior to finalization of Building Permit the following shall be completed: a. A minimum of forty (40%) of the front yard shall be landscaped. • ZA Minutes 2/12/03 10 (03zm0212) 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 Huntington Beach Zoning and Subdivision Ordinance. 5. 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• Coastal Development Permit No. 02-32/Conditional Use Permit No. 02-68 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. 02-32/Conditional Use Permit No. 02-68 shall become null and void unless exercised within one year of the date of final approval which is ® December 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 Coastal Development Permit No. 02-32/Conditional Use Permit No. 02-47 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. ZA Minutes 2/12/03 11 (03=0212) 7. 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 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 19, 2003 AT 1:30 PM. _V.�-�_ Mary Beth Broeren Zoning Administrator rmk 0 ZA Minutes 2/12/03 12 (03zm0212)