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HomeMy WebLinkAbout2003-03-260 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 26, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: March 12, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-OINARIANCE NO. 03-01 (WARNER/ MANNING HOUSE) APPLICANT/ PROPERTY OWNER: Joseph Santiago, 403 Tenth Street, Huntington Beach, California 92648 REQUEST: CUP: To allow a dwelling unit with a maximum height of 30'-7" over an existing detached garage on a 5,875 sq. ft. lot developed with a single family home. VAR: To allow the following deviations from the Huntington Beach Zoning and Subdivision Ordinance: (a) 4 enclosed parking spaces in lieu of the code required 5 parking spaces (2 enclosed spaces and 3 open spaces); (b) a 3-car garage with an interior width of 26'-0" in lieu of the code required width of 27'-0"; (c) a 1-car garage with an interior depth of 17'-0" in lieu of the code required depth of 19'-0"; (d) a rear yard setback of 4'-0" after dedications for alley widening, in lieu of the minimum required rear yard setback of 7'-6"; and (e) a side yard setback of F-6" for an exterior staircase in lieu of the code required side yard setback of 3'-0". LOCATION: 403 Tenth Street (Northeast corner of Tenth Street and Orange Avenue) 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 presented a detailed review of the modifications to the site plan as set forth in conditions no. 1. a, b, c, d, and e. Staff stated that the applicant has agreed to suggested Condition No. l.a. but disagrees with suggested Condition No. l.b. Staff stated that the Historical Resources Board supports the request. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the executive summary. One letter was received on March 18, 2003 from a neighboring property owner opposing the request based upon concerns related to the rear yard setback and incompatibility with surrounding uses. No other written or verbal comments were received in response to the public notification. Mike Strange, Acting Zoning Administrator, reviewed the plans and photographs with staff and a discussion ensued. THE PUBLIC HEARING WAS OPENED. Joseph Santiago, 403 Tenth Street, applicant, spoke on behalf of the request and stated agreement to most of the conditions as well as a willingness to comply. Mr. Santiago expressed opposition to staff s suggested modifications to the site plans. 0. Don Krotee, 515 N. Main Street, Santa Ana, architect, spoke in support of the proposed project and also opposed staffs suggested modifications to the site plans. A member of the audience asked how many units would be on the subject property and whether or not the proposed project would be a rental. Maria Williams, 501 10"' Street, neighboring property owner, inquired as to the size of the new structure and the number of bedrooms. Ms. Williams stated that parking is a concern. Gerald Johnson, 427 10t" Street, neighboring property owner, read a letter signed by 20 neighboring property owners opposing the proposed project. Mike Hoskinson, 402 11`" Street, adjacent property owner, spoke in support of the proposed project and stated that parking is not an issue for him. Nesip Tarcan, 411 10"' Street, neighboring property owner, presented the letter signed by 20 neighboring property owners in opposition to the proposed project. Mr. Tarcan expressed concern that the subject site would become a hostel. ZA Minutes 03/26/03 2 (03zm0326) ® Wick Zimmerman, 323 Ninth Street, neighboring property owner, opposed moving and modifying an historic structure. Mr. Zimmerman opposed the addition of a rental unit stating that parking in the area would be further impacted. Natalie Katsch, 7`h Street, neighboring property owner, spoke in support of the proposed project. Shannon Allen, 403 10`h Street, neighboring property owner, spoke in support of the proposed project. Allison Zimmerman, 323 9`h Street, neighboring property owner, asked if there is a City architectural review board. Margo Cormier, 411 10`h Street, neighboring property owner, addressed the aesthetics of the neighborhood and spoke in favor of maintaining the character of an older neighborhood. Mr. Strange and staff engaged in a discussion concerning allowable parking and density. Staff explained the requirement for an irrevocable offer of dedication as set forth in suggested Condition No. 3.a. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ® A general discussion ensued with Mr. Strange and staff concerning the elements of the requested variance. Staff suggested that a condition be added for a lot line adjustment to merge the parcels into one parcel. Mr. Strange stated that he was going to approve the request and asked staff to incorporate changes to the suggested conditions of approval as follows: Delete Condition No. l .b. Modify Condition No. l.c as follows: b. The exposed steal beam supporting the second unit shall be trimmed with materials consistent with the second unit and painted to match the structure. Final design shall be reviewed and approved by the Planning Department. Add a new Condition: 4. An application for a lot line adjustment to merge the parcels into one shall be submitted to the Planning Department Prior to submittal for building Permits. Said Application shall be approved by the City and recorded with the County of Orange prior to issuance of a ® Certificate of Occupancy. ZA Minutes 03/26/03 3 (03zm0.326) CONDITIONAL USE PERMIT NO. 03-OINARIANCE NO. 03-01 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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 15301 of the CEQA Guidelines, because the project consists of less then six (6) multi -family units. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-01: Conditional Use Permit No. 03-01 for the construction of a dwelling unit with a maximum height of 30'-7" over an existing detached garage on 5,875 sq. ft. lot developed with a single family home 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 is proposed within a medium to high -density residential neighborhood primarily developed with two and three story single-family and multi -family homes. The proposed second unit is an existing historically designated structure, which will be moved to the subject 40 site and will be integrated with the existing dwelling and neighborhood. 2. The conditional use permit for a second unit at a height of 30'-7" will be compatible with surrounding uses the proposed materials and design of the new residences will compliment other existing dwellings in the surrounding neighborhood. In addition several other single- family and multi -family homes with comparable heights have been constructed within the neighborhood. 3. The proposed Conditional Use Permit No. 03-01 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, except for any variances approved concurrently. 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 Medium High Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: HCR 1.1 Ensure that all the City's historically and archaeologically significant resources are identified and protected. • ZA Minutes 03/26/03 4 (03zm0326) ® HCR 1.2.2 Encourage new development to be compatible with adjacent existing historic structures in terms of scale, massing, building materials and general architectural treatment. LU 4.2 Ensure that structures and sites are designed and constructed to maintain their long-term quality. Granting of the conditional use permit will facilitate the relocation of a locally designated historic landmark, the Manning House, to the site of another locally designated historic landmark, the Warner House. The site of the Manning House, 701 Delaware Street, will be redeveloped with two single-family homes. Relocating the Manning House to the subject site will save the structure from demolition and preserve the economic viability of the Warner House. The architecture, mass, scale, and building materials of the Manning House is compatible with that of the Warner House. FINDINGS FOR APPROVAL - VARIANCE NO. 03-01: 1. The granting of Variance No. 03-01 to allow the following deviations from the Huntington Beach Zoning and Subdivision Ordinance: (a) 4 enclosed parking spaces in lieu of the code required 5 parking spaces (2 enclosed spaces and 3 open spaces); (b) a 3-car garage with an interior width of 26'-0" in lieu of the code required width of 27'-0"; (c) a 1-car garage with an interior depth of 17'-0" in lieu of the code required depth of 19'-0"; (d) a rear yard setback of 4'-0" after dedications for alley widening, in lieu of the minimum required rear yard setback of 7'-6"; and (e) a side yard setback of F-6" for an exterior staircase in lieu of the code required side yard setback of 3'-0" will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The size of the garage is constrained by the existing building footprint. In addition, variance requests for reduced parking and minimum garage width and depth have been granted for similarly zoned properties. Similar setbacks are prevalent throughout the immediate vicinity. In addition, the project will be conditioned to remove the exterior staircase located on the northeast elevation, thus eliminating the need to encroach within the side yard setback. 2. Because of special circumstances applicable to the subject property 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 site is developed with a locally designated historic landmark consisting of a single family home and accessory structures. The subject encroachments and deviations are preexisting conditions on the site. Strict application of the zoning ordinance will hinder the construction of a second unit on the property and preservation of the historic structure. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights in that deviations to the rear yard setback, parking requirements, and the minimum garage width and depth will make preservation of the historic structures feasible. 4. The granting of the variance will not be materially detrimental to the public welfare or 0 injurious to property in the same zone classification. The variance will not affect other ZA Minutes 03/26/03 5 (03=0326) homeowners in the vicinity in that the garages will still be able to accommodate vehicle • storage based on industry standards. The site will be capable of accommodating four (4) vehicles within enclosed parking spaces and at least one on -street open parking space. In addition, the second story rear yard setback will not encroach beyond that of the first story garage. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium to High Density on the subject property because the General Plan encourages exploration of alternatives that enable a property owner to sensitively add to existing historic structures, or develop an accompanying building on the site that allows property development rights to be realized. In addition the General Plan states that deviations to setbacks, heights, and parking requirements should be considered to make preservation of an existing historic building feasible when no other reasonable alternative exists. (HCR 1.3.7) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-OINARIANCE NO. 03-01: The site plan, floor plans, and elevations received and dated February 10, 2003, shall be the conceptually approved layout with the following modifications: a. The exterior staircase on the northeast elevation shall be removed. The washroom door • opening shall be either sealed or a railing/balcony shall be installed subject to review and approval of the Planning and Building and Safety Departments. b. The exposed steal beam supporting the second unit shall be trimmed with materials consistent with the second unit and painted to match the structure. Final design shall be reviewed and approved by the Planning Department. c. A plaque identifying the property as the site of the Judge Warner's residence and a plaque identifying the second unit, as the residence of the City's first mayor shall located on the site. The design and location of the plaques shall be subject to review and approval by the Planning Department. d. Overhead utility lines shall be replaced with underground lines from their connections on - site to the nearest pole(s) in the Alley. 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 for review and approval and inclusion in the entitlement file to the Planning Department. 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 0 ZA Minutes 03/26/03 6 (03zm0326) (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 building permits, the following shall be completed: a. An additional 2.5 feet of alley right-of-way shall be dedicated along the rear of the property. If the existing one -car garage is within the 2.5-foot strip, then an Irrevocable Offer of Dedication for Alley Purposes shall be made. 4. An application for a lot line adjustment to merge the parcels into one shall be submitted to the Planning Department Prior to submittal for building Permits. Said Application shall be approved by the City and recorded with the County of Orange prior to issuance of a Certificate of Occupancy. 5. The following public improvements shall be shown for construction on the project's construction drawings (or on a Grading plan prepared by a licensed Civil Engineer) submitted to the Public Works Department for review, approval and issuance of an encroachment permit: a. An alley approach off Orange Street per City Standard Plan No. 210, modified as appropriate to accommodate the existing one -car garage driveway approach. ® b. New asphalt concrete pavement for half width of existing alley, plus the 2.5-foot strip of additional alley right-of-way. c. Sewer lateral from the main in the alley extending onto the property for all new connections for the second story unit. If the new sewer lateral is not constructed at the same location as the existing lateral to be replaces, then the existing lateral shall be severed and capped at the main or chimney. d. 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). The domestic water service shall be a minimum of one -inch in size. e. The existing domestic water service and meter shall be abandoned per Water Division Standards. 6. The applicant shall prepare a plan showing the route over which the Manning House will be moved from its existing location at 701 Delaware Street to its proposed location at 403 Tenth Street. The plan shall describe the date and hours of the move, the clearance widths and heights required, the necessary turning radii, street closures and detours, utility relocations, etc. The plan shall be submitted to the Planning, Public Works Department, and Fire Department for review and approval. (PW & FD) ZA Minutes 03/26/03 7 (03zm0326) 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 Huntington Beach Zoning and Subdivision Ordinance. 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: Conditional Use Permit No. 03 -0 1 /Variance No. 03-01 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03 -0 1 /Variance No. 03-01 shall become null and void unless exercised within one year of the date of final approval which is March 26, 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. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-01/Variance No. 03-01, 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. 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. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. Park Land In -Lieu Fees shall be paid at issuance of building permits • ZA Minutes 03/26/03 8 (03zm0326) is 10. 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. 11. An encroachment permit shall be required for all work within the right-of-way. (PW) 12. A Certificate of Occupancy must be approved by the Planning Department and issued by the Building and Safety Department prior to occupying the building. 13. 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 2:35 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 2, 2003 AT 1:30 PM. Mike Strange, Ac ing Zoning Administrator rmk ZA Minutes 03/26/03 9 (03=0326)