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HomeMy WebLinkAbout2003-04-30® MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, APRIL 30, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: March 26, 2003 April 2 and 9, 2003 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ® ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 03-01NARIANCE NO. 03-06 (TALLEY RESIDENCE) APPLICANT: Peter Kavoian, 109 Rametto Rd., Montecito, CA 93108 PROPERTY OWNER: Andrew and Roxanne Talley, 500 N. State College Boulevard, Ste 1030, Orange, CA 92868 REQUEST: CDP: To construct a 966 sq. ft. first and second story addition to an existing single family home. VAR: To allow two (2) open parking spaces in lieu of the code required three (3) open parking spaces. The request also 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: 4012 Figaro Circle (Southside of Figaro Circle, West of Edgewater Lane) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans 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 recommended the following changes to the suggested conditions of approval: Condition No. 1: revise the date as follows: The site plan, floor plans, and elevations received and dated April 28, 2003 shall be the conceptually approved layout with the following modifications: Condition No 1 a• to be deleted and replaced with the following: Increase the interior dimension of the garage to a minimum of eighteen (18) feet wide by nineteen (19) feet deep. Mike Strange, Acting Zoning Administrator, confirmed with staff that the applicant has been advised of the changes to the suggested conditions of approval. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary and with the modifications as recommended above. No written or verbal comments were received in response to the public notification. Discussion ensued with Mr. Strange and staff concerning parking and landscaping. THE PUBLIC HEARING WAS OPENED. • Peter Kavoian, 109 Rametto Rd., Montecito, CA, applicant, spoke on behalf of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 03-OINARIANCE NO. 03-06 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) 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 residence. n ZA Minutes 4/30/03 2 (03zm0430) ® FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.03-01: Coastal Development Permit No. 03-01 to construct a 966 sq. ft. first and second story addition to an existing single family home, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program Land Use designation of 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 subject site is currently developed with a single-family residence and is located within an area developed with single family homes. 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 except for a variance request to deviate from the minimum parking space requirement. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed addition will be constructed on a previously developed site in an urbanized area with all the 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 - VARIANCE NO. 03-06: 1. The granting of Variance No. 03-06 to allow two (2) open parking spaces in lieu of the code required three (3) open parking spaces will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances for reduced parking have been granted throughout the City for properties with similar characteristics, including reduced lot width, and under residential zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, and surroundings, 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 site is located at the terminus of cul-de-sac resulting in reduced lot width at the street frontage and minimal curb space for on street parking. Two open parking spaces can be provided within the driveway, however the width of the lot, thirty-one (31) feet and the lack of sufficient curb space on the street, restricts the property owner from providing a third open parking space. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial ® property rights. The reduction in the parking requirements allows the property owner to ZA Minutes 4/30/03 3 (03=0430) expand an single-family home to a size comparable to other single-family residences existing in • the neighborhood. 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 subject property is located at the bulb of a cul-de-sac, on a segment of street which provides limited on -street parking. The remainder and larger portion of the street provides greater opportunities for on -street parking, typical of that available in single-family residential neighborhoods. The requested variance will not be materially detrimental to the public welfare or injurious to property since a one space reduction in required parking will have a less than significant potential impact on the street as a whole; and since a total of four (4) parking spaces will be provided on -site, which in most instances is adequate to serve a single-family dwelling. 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 on the subject property because it will permit an addition to an existing single-family residence and will not be detrimental to the quality and character of the neighborhood. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-01/ VARIANCE NO. 03-06: 1. The site plan, floor plans, and elevations received and dated April 28, 2003 shall be the conceptually approved layout with the following modifications: • a. Increase the interior dimension of the garage to a minimum of eighteen (18) feet wide by nineteen (19) feet deep. b. The window located within the first floor storage room shall consist of obscure glass. c. A minimum of forty (40%) percent landscaping shall be provided within the front yard. If forty (40%) percent landscaping cannot be provided, the driveway shall consists of decorative pavement. 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. All Fire Department requirements shall be noted on the building plans. (FD) • ZA Minutes 4/30/03 4 (03zm0430) ® 3. Prior to issuance of building permits, the following shall be completed: a. For Fire Department approval, plans for an automatic fire sprinkler system shall be submitted to the Building and Safety Department as separate plans for permits. (FD) b. For Fire Department approval, shop drawings for a fire alarm system in compliance with Huntington Beach Fire Code shall be submitted to the Building and Safety Department as separate plans for permits. (FD) 4. The structure cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. A new, domestic water service and meter shall be constructed per Water Division Standards, and shall be sized to meet the minimum flow requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC) the domestic water service shall be minimum of one inch in size. (PW) b. A separate backflow protection device shall be installed, per Water Division Standards, for domestic water service. (PW) c. The existing water and meter shall be abandoned per Water Division Standards. (PW) d. A new sewer lateral shall be installed connecting to the main in the street. If the new sewer lateral is not constructed at the same location as the existing lateral, then the existing lateral shall be severed and capped at the main or chimney. (PW) e. In accordance with standard landscape code requirements (chapter 232 of the Zoning and Subdivision Ordinance), a 36-inch box tree shall be planted in the front yard area. (PW) f. In accordance with NPDES requirements, a "Water Quality Management Plan" (WQMP) shall be prepared by a civil or Environmental Engineer. "Best management Practices" (BMP's) shall be identified and incorporated into the design, especially in hardscape and landscape areas. (PW) 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 Huntington Beach Zoning and Subdivision Ordinance. ZA Minutes 4/30/03 5 (03zm0430) 6. 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. 0 INFORMATION ON SPECIFIC CODE REQUIREMENTS: Coastal Development Permit No. 03 -0 1 /Variance No. 03-06 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. 03-01/Variance No. 03-06 shall become null and void unless exercised within one year of the date of final approval which is April 30, 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 Coastal Development Permit No. 03 -0 1 /Variance No. 03-06 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. All new residential development, including additions to existing structures, shall pay a park fee based on the rate in effect at the time of issuance of building permits in accordance with the requirements of HBZSO Section 230.20 —Payment of Park Fee. The current rate is $0.86 per square -foot. 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. • ZA Minutes 4/30/03 6 (03zm0430) ® 10. An encroachment permit shall be required for all work within the right-of-way. (PW) 11. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. ITEM 2: CONDITIONAL USE PERMIT NO 03-14 (HOIST BLOCK WALL) APPLICANT/ PROPERTY OWNER: Marcia Hoist, 804 Huntington Street, Huntington Beach, CA 92648 REQUEST: To allow a 36 in. high retaining wall at the front property line in lieu of the maximum allowed height of 18 inches. LOCATION: 802 Huntington Street (Southeast corner of Huntington Street and Hartford Avenue) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, recommended a continuance to a date uncertain in order to re -notice the request. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE ® REQUEST, THE PUBLIC HEARING WAS NOT OPENED. CONDITIONAL USE PERMIT NO. 03-14 WAS CONTINUED TO A DATE UNCERTAIN WITH THE PUBLIC HEARING OPEN. ITEM 3: CONDITIONAL USE PERMIT NO 03-17 (ESTES ROOM ADDITION APPLICANT: Myles Nelson McKenzie Design, 5 Vancouver, Aliso Viejo, CA 92656 PROPERTY OWNER: Patrick and Crystal Estes, 10251 Kaimu Drive, Huntington Beach, CA 92656 REQUEST: To construct a 639 sq. ft. first and second story addition, and two second floor balconies totaling 113 sq. ft., at an existing non -conforming side yard setback of four ft. in lieu of five ft. LOCATION: 10251 Kaimu Drive (north of the intersection of Kaimu Drive and Tonga Lane, south of Garfield Avenue) PROJECT PLANNER: Ron Santos Ron Santos, 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 ZA Minutes 4/30/03 7 (03zm0430) project and the suggested findings and conditions of approval as outlined in the executive summary. 0 Mike Strange, Acting Zoning Administrator, and staff engaged in a discussion concerning suggested Condition No. 3.d. Mr. Strange clarified with staff that the subject property has a non-traditional front yard. One telephone call was received from a neighboring property owner inquiring into the nature of the project. No other written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Patrick Estes, 10251 Kaimu Drive, property owner, stated that he met with an adjacent property owner located at 10256 Garfield Avenue who expressed concern related to dust during the construction phase. Mr. Estes stated that they were willing to work with the neighbors to alleviate any dust concerns. Discussion ensued with the property owner concerning suggested Condition No. 3.d and the queen palm tree that currently exists in the front yard. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE • REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange stated that he was going to approve the request and asked staff to delete suggested Condition No. 3.d. CONDITIONAL USE PERMIT NO. 03-17 WAS 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 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 addition to an existing single-family dwelling involving negligible expansion of the use beyond that previously existing. • ZA Minutes 4/30/03 8 (03=0430) ® FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.03-17: Conditional Use Permit No. 03-17 to construct a 639 sq. ft. first and second story addition, and two second floor balconies totaling 113 sq. ft., at an existing non -conforming side yard setback of four ft. in lieu of five ft., 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 addition features only one window facing the adjoining property. Conditions of approval require the use of obscure glass for this window. Proposed balconies are oriented toward the interior of the lot, and are conditioned to maintain a five foot minimum side yard setback. Consequently, the proposed addition will have no adverse impact on the adjacent property. 2. The conditional use permit will be compatible with surrounding uses. The proposed addition complies with applicable development standards, excepting the proposed side yard setback, which matches the existing side yard setback. The project consists of a first and second floor addition to a single-family dwelling in a single-family residential neighborhood developed with comparable one and two story dwellings. 3. The proposed Conditional Use Permit No. 03-17 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 HBZSO authorizes additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks with approval of a ® conditional use permit. E 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) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. Conditional Use Permit No. 03-17 accounts for the subject property's existing non -conforming side yard setback by allowing the proposed expansion to be constructed at a matching setback; thus minimizing construction costs while allowing for a more aesthetically pleasing design. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-17: 1. The site plan, floor plans, and elevations received and dated March 12, 2003 shall be the conceptually approved layout, with the following modifications: a. The second -story bathroom window shall be fitted with obscure glass. b. The balcony rail proposed on the south side of the addition shall maintain a five foot minimum setback from the east property line. ZA Minutes 4/30/03 9 (03zm0430) c. The proposed stairway shall be redesigned as necessary for conformance with applicable building code requirements. • 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. All Fire Department requirements shall be noted on the building plans. (FD) 3. The final building permit(s) cannot be approved until the following has been completed: a. All public infrastructure per the approved plans must be completed. b. Backflow protection shall be constructed per the Huntington Beach Water Division Standards Plans for irrigation and fire suppression water services. c. Address numbers shall be installed on structures to comply with Fire Dept. City Specification No. 428. (FD) d. The existing domestic water service and/or meter may continue to be utilized if it is of adequate size, conforms to current standards and is in good working condition as determined by the Water Division. If a new domestic water service is required, the existing meter shall be removed and the water service abandoned per Water Division standards. (PW) • e. If a new domestic water service and/or meter is required, installation shall be in accordance with Water Division standards and shall be sized to meet the minimum requirements set by the California Plumbing Code (CPC). The new domestic water service shall be a minimum of 1-inch in size. (PW) f. 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. g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. 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) b. 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) • ZA Minutes 4/30/03 10 (03zm0430) 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 Huntington Beach Zoning and Subdivision Ordinance. 6. 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: 1. Conditional Use Permit No. 03-17 shall not become effective until the ten -calendar day appeal period has elapsed. 2. Conditional Use Permit No. 03-17 shall become null and void unless exercised within one year of the date of final approval which is April 30, 2003 or such extension of time as may 3. be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 03-17, 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. 5. 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. 6. All applicable fees from the Building, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 7. 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. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. All new residential development, including additions to existing structures, shall pay a park fee based on the rate in effect at the time of issuance of building permits in accordance with the requirements of HBZSO Section 230.20 —Payment of Park Fee. The current rate is $0.86 per square -foot. 0 ZA Minutes 4/30/03 11 (03zm0430) 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 so 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 public right-of-way. (PW) 12. 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 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 7, 2003 AT 1:30 PM. Mike Strange, Actin Zoning Administrator :rmk • ZA Minutes 4/30/03 12 (03zm0430)