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HomeMy WebLinkAbout2003-03-19• E E MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 19, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 (LEWIS RESIDENCE — CONTINUED FROM THE FEBRUARY 26, 2003 MEETING WITH THE PUBLIC HEARING CLOSED) APPLICANT: Michael Mehalick, 525 A Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Rich and Sandy Lewis, 16472 Malden Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a 2,897 sq. ft. second story addition and a 1,688 sq. ft. third story addition to an existing single family dwelling. CUP: To construct the dwelling with a third story at a height of 34'-1 L" LOCATION: 16472 Malden Circle (north side of Malden Circle west of Gilbert Drive) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, stated that the applicant has submitted revised plans because the proposed project, as originally submitted, was not in compliance with the City's code requirements. Staff stated that the revised plans were received just this week. Staff recommended a continuance to the April 2, 2003 meeting in order to allow staff adequate time to analyze the revised plans. AS THIS ITEM WAS CONTINUED WITH THE PUBLIC HEARING CLOSED, THE PUBLIC HEARING WAS NOT OPENED. COASTAL DEVELOPMENT PERMIT NO. 02-22/CONDITIONAL USE PERMIT NO. 02-42 WERE CONTINUED TO THE APRIL 2, 2003 MEETING WITH THE PUBLIC HEARING CLOSED. ITEM 2: CONDITIONAL USE PERMIT NO.03-07 (REYES BLOCK WALL) APPLICANT/ PROPERTY OWNER: Debra Reyes, 7521 Warner Avenue, Huntington Beach, CA 92647 REQUEST: To permit an existing six (6') foot high block wall within the front yard setback at a distance of approximately zero (0') feet from the front property line in lieu of the maximum allowed height of forty-two (42") inches. LOCATION: 7521 Warner Avenue (Northeast corner of Warner Avenue and Lyndon Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff reviewed the concerns as related to the block wall and visibility triangle. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the executive summary. Staff reviewed the modifications to the project plans as set forth in conditions no. La and Lb in the executive summary. THE PUBLIC HEARING WAS OPENED. Fabio Reyes, 7521 Warner Avenue, spoke in support of the proposed project and presented reasons for the request. Mr. Reyes stated that the six-foot fence was in existence when the property was purchased. He opposed conditions no. La and Lb. Debra Reyes, 7521 Warner Avenue, applicant, stated that the reason for the request is to provide safety for their son and dogs as well as to reduce noise and debris from passing traffic. Mike Strange, Acting Zoning Administrator, asked the applicant to approach the plans. Mr. Strange reviewed the plans with the applicant in order to clarify the applicant's understanding of conditions no. La and l.b. A general discussion ensued and staff emphasized concerns related to the safety and clearance issues within the visibility triangle, as well as aesthetics. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 03/19/03 2 (03zm0319) Mr. Strange stated that he was going to approve the request as recommended by staff. Mr. Strange acknowledged the applicant's comments and advised on the necessity to comply with the conditional use permit as approved today. He advised the applicant on the right to appeal as well as the appeal process and fees. CONDITIONAL USE PERMIT NO. 03-07 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR 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 section 15303 of the CEQA Guidelines, because the project consists of the construction of an accessory structure such as a fence. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-07: 1. Conditional Use Permit No. 03-07 to permit an existing six (6) foot high block wall within • the front yard setback at a distance of approximately zero (0) feet from the front property line in lieu of the maximum allowed height of forty-two (42") inches, as modified by the conditions of approval, 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 fence design, colors and materials will compliment the existing neighborhood character and the existing single-family home. The property is a corner lot located at the intersection of a local street and an arterial street. The property fronts on the arterial street, while the entrance to the house faces the local street. The proposed fencing will enclose the front yard to allow for private open space. Based upon the conditions imposed, the block wall will be setback approximately one (1') to four (4) feet at the corner of the property to provide a landscaped planter in front of the wall and maintain clearance within the required visibility triangle at street intersections. 2. The conditional use permit will be compatible with surrounding uses because the fence is proposed in a neighborhood with an established pattern of variable building setbacks. The subject fence will be consistent with other perimeter fencing and will be constructed with a varied setback. 3. The proposed Conditional Use Permit No. 03-07 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. In addition, any specific condition required for the proposed use in the district in which it would be located. The HBZSO authorizes deviations from the fence ® height restrictions subject to approval of a Conditional Use Permit. ZA Minutes 03/19/03 3 (03zm0319) 4. The granting of this conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium -Density (RM) 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 new development within existing residential neighborhoods be compatible with existing structures, including: - Maintenance of the predominant or median existing front yard setback and; - Use of complementary building materials, colors, and forms, while allowing flexibility for unique design solutions. UD 1.3.5: Require that privately developed walls make a positive visual contribution to the public streetscape including provisions for plant material enhancements such as vine pockets or decorative plantings, and design features such as sculptured or textured masonry units. The proposed wall will be constructed of decorative block to compliment the house. The wall will be setback one (1) to four (4) feet from the front property line at the corner of the property to maintain clearance within the visibility triangle. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-07: 1. The site plan, floor plans, and elevations received and dated January 17, 2003 shall be the conceptually approved layout with the following modifications: a. The block wall shall be setback in approximately one (F) to four (4) feet at the southwest corner of the property, as determined by the Planning Department, to maintain clearance within the required 25-foot visibility triangle. b. Landscaping shall be provided and maintained in front of the wall at the southwest corner of the property. 2. Building permits shall be obtained for all block walls constructed without permits. 3. 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. 4. 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. • ZA Minutes 03/19/03 4 (03zm0319) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 03-07 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-07 shall become null and void unless exercised within one year of the date of final approval which is March 19, 2004, 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. 03-07 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. 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. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 26, 2003 AT 1:30 PM. t Mike Strange, A ting Zoning Administrator :rmk ZA Minutes 03/19/03 5 (03zm0319)