HomeMy WebLinkAbout2003-12-170
4)
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, DECEMBER 17, 2003 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording
secretary)
MINUTES: November 19, 2003
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-08 (ORANGE COUNTY SANITATION
DISTRICT PUMP STATION — CONTINUED -FROM THE JULY 31, 2002 MEETING WITH THE
PUBLIC HEARING OPEN)
APPLICANT:
Robyn Wilcox, Orange County Sanitation District, 10844 Ellis
Avenue, Fountain Valley, CA 92728-8127
PROPERTY OWNER:
Orange County Sanitation District, 10844 Ellis Avenue, Fountain
Valley, CA 92728-8127
REQUEST:
To (a) construct an approximately 4,600 sq. ft., 40 ft. tall Pump
Building, an approximately 5,400 sq. ft., 30 ft. tall Distribution Center
Building, a 7,800 sq. ft., 26 ft. tall Standby Power Facility, and
associated piping and facilities; and (b) to demolish existing
structures totaling approximately 10,200 sq. ft. and associated
facilities.
LOCATION:
22212 Brookhurst Street (east side of Brookhurst Street between
Banning Avenue and Pacific Coast Highway)
PROJECT PLANNER:
Ron Santos
Ron Santos, Staff Planner, displayed project plans and stated the purpose, location, zoning,
and existing uses of the requested project. Staff stated that the request was continued from
the July 31, 2002, meeting at the applicant's request, in order to complete environmental
impact studies. Staff presented a review of the proposed project and the suggested findings
and conditions of approval as outlined in the executive summary. Staff stated that an
environmental review of the proposed project has been completed and all concerns have been
addressed.
Staff recommended approval of the request based upon the suggested findings and subject to
the suggested conditions as outlined in the executive summary. No written or verbal r
comments were received in response to the public notification.
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the request was re -noticed.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren reviewed the landscape plans and confirmed compliance with the applicant.
COASTAL DEVELOPMENT PERMIT NO. 02-08 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)
WORKING DAYS.
FINDINGS FOR PROJECTS SUBJECT TO CEQA:
The Zoning Administrator finds that the project is covered by the Orange County Sanitation
District 1999 Strategic Plan Program Environmental Impact Report and a Supplemental
Strategic Plan Program Environmental Impact Report issued in November 2002, will comply
with all applicable mitigation measures, and will not have a significant effect on the
environment.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 02-08:
1. Coastal Development Permit No. 02-08 for the development project as proposed conforms
with the General Plan, including the Local Coastal Program. The proposed wastewater
processing facility will be consistent with the following goals and policies of the Public
General Plan land use designation on the property:
Objective LU 13.1: Provide for the continuation of existing and development of new
uses, such as governmental administrative, public safety, human service, cultural,
educational, infrastructure, religious, and other uses that support the needs of existing
and future residents and businesses.
Goal U2: Provide a wastewater collection and treatment system which is able to
support permitted land uses; upgrade existing deficient systems; and pursue funding
sources to reduce costs of wastewater service provision in the City.
Objective U 2.1: Ensure the City provides and maintains a wastewater collection and
treatment facilities system which adequately conveys and treats wastewater generated
by existing and planned development at a maximized cost efficiency.
•
ZA Minutes 12/17/03 2 (03zm1217)
•
The proposed facility will replace the existing, now obsolete, backup pumping facility
constructed in the early 1960's. The new facility improves the District's ability to serve the
wastewater needs of Orange County residents.
2. The project is consistent with the requirements of the CZ Overlay District, the IL (Industrial
Limited) base zoning district, as well as other applicable provisions of the Municipal Code.
The Orange County Sanitation District Plant No. 2 is a conditionally permitted use in the
Industrial Limited zone. The new wastewater process facility proposed under this coastal
development permit complies with all zoning regulations and development standards.
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 wastewater
process facility can be served by existing on -site infrastructure. In addition, the new facility
improves infrastructure necessary to serve the wastewater needs of Orange County
residents and replaces an existing outdated facility.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The proposed project will not impede public access to the
Santa Ana River bike trail to the east of the property or any other coastal/recreational
facilities or resources, including the public beach located across Pacific Coast Highway
from the proposed facility.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 02-08:
1. The site plan, floor plans and elevations received and dated September 13, 2003 shall be
the conceptually approved layout.
2. 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.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
ZA Minutes 12/17/03 3 (03zm1217)
ITEM 2• TENTATIVE PARCEL MAP NO 03-184 (FEIN LOT CONSOLIDATION) 0
APPLICANT/
PROPERTY OWNER: Michael Fein, 221 Main Street, Suite H, Huntington Beach, CA
92648
REQUEST: To consolidate a 19,800 sq. ft. parcel and a 6,403 sq. ft. parcel
into one 26,203 sq. ft. parcel. The application also includes a
request for a Waiver of Parcel Map Requirements.
LOCATION: 17222 Beach Boulevard (east side of Beach Boulevard, north of
Slater Avenue)
PROJECT PLANNER: Rami Talleh
Rami Talleh, Staff Planner, displayed project plans and photographs and stated 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 approval of the Tentative Parcel Map based upon the suggested findings
and subject to the suggested conditions as outlined in the executive summary.
Staff stated that the Public Works and Police departments do not support the request for
Waiver of Parcel Map Requirements, and stated that the parcel map will have to be recorded.
No written or verbal comments were received in response to the public notification.
Mary Beth Broeren, Zoning Administrator, and staff reviewed the project plans and a •
discussion ensued concerning future development on the subject site.
THE PUBLIC HEARING WAS OPENED.
Victor Rasco, 17211 Granada Lane, neighboring property owner, questioned the location of
the proposed project and the type of development proposed. Mr. Rasco approached the plans
and a discussion ensued.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
TENTATIVE PARCEL MAP NO. 03-184 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL.
THE REQUEST FOR A WAIVER OF PARCEL MAP REQUIREMENTS WAS DENIED. 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 15315 of the CEQA Guidelines, because the project consists of a 40
ZA Minutes 12/17/03 4 (03zm1217)
,7
minor land division in an urbanized area zoned for commercial use. The proposed project is in
conformance with the General Plan and Zoning Ordinance and no variances or exceptions are
required.
FINDINGS FOR APPROVAL — TENTATIVE PARCEL MAP NO. 03-184:
Tentative Parcel Map No. 03-184 for the consolidation of a 19,800 sq. ft. parcel and a
6,403 sq. ft. parcel into one 26,203 sq. ft. parcel is consistent with the General Plan Land
Use Element designation of CG-F1 (General Commercial — 0.35 Permitted Density) on the
subject property, or any applicable specific plan, or other applicable provisions of this
Code. The proposed parcel map will accommodate development of a previously approved
commercial building by complying with the maximum allowed floor area ratio.
2. The site is physically suitable for the type and density of development proposed. The
proposed parcel map will accommodate future development of the site in accordance with
applicable land use and development standards.
3. The design of the subdivision or the proposed improvements will not cause serious health
problems or substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. The project site is void of fish or wildlife habitat, and is not located
within an environmentally sensitive area. Proposed development is subject to review and
approval of a water quality management plan, hydrology and hydraulic studies and an
erosion control plan designed to minimize any potential environmental impacts.
4. The design of the subdivision or the type of improvements will not conflict with easements
acquired by the public at large, for access through, or use of property within the proposed
subdivision unless alternative easements for access or for use will be provided. No public
easements exist on the subject property.
CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 03-184:
The Tentative Parcel map for the consolidation of a 19,800 sq. ft. parcel and a 6,403 sq. ft.
parcel into one 26,203 sq. ft. parcel received and dated September 2, 2003, shall be the
approved layout.
2. Curb, gutter and sidewalk shall be installed on the project frontage along Beach Boulevard.
3. The final parcel map shall be recorded with the County of Orange.
4. The Departments of Planning, Public Works and Fire are responsible for compliance with
all conditions of approval herein as noted after each condition. The Planning Director and
Public Works Director shall be notified in writing if any changes to PARCEL map are
proposed as a result of the plan check process. Permits shall not be issued until the
Planning Director and Public Works Director have 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 12/17/03 5 (03zm1217)
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
ITEM 3: CONDITIONAL USE PERMIT NO. 03-44 (STILES FENCING
APPLICANT: Mohsen Loghmani, L.A. Design Group, 5454 Zelzah Ave,
Ste 215, Encino, CA 91316
PROPERTY OWNER: Mark Stiles, 5391 Heil Avenue, Huntington Beach, CA 92649
REQUEST: To construct a wood panel extension up to 6 ft. tall, to an existing
6-ft. high block wall located along the side property line of a
single-family residential lot.
LOCATION: 5391 Heil Avenue (north side of Heil Avenue, west of Graham
Street)
PROJECT PLANNER: Rami Talleh
Rami Talleh, Staff Planner, displayed project plans and photographs and stated 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 stated that the proposed height of 12 feet would be inconsistent
with the character of the neighborhood. No written or verbal comments were received in
response to the public notification.
Mary Beth Broeren, Zoning Administrator, and staff discussed whether or not the request is the
result of a Code Enforcement action.
THE PUBLIC HEARING WAS OPENED.
Mark Stiles, 5391 Heil Avenue, property owner, stated that a Code Enforcement violation was
issued and that they wish to comply and obtain proper City approval. Mr. Stiles stated that the
fence addition was prompted when the neighboring property owner added a second story with
a window to the subject property. He stated that their intent is to retain privacy in their
swimming pool and back yard areas.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
rI
ZA Minutes 12/17/03 6 (03zm1217)
L'
Ms. Broeren and staff reviewed the project plans, elevations and aerial photograph.
Discussion ensued concerning:
• Setbacks.
• Excessive height of the proposed fence.
• Aesthetic concerns.
• Location of the swimming pool.
• Building Department application.
• Verification of the structural soundness of the proposed fence by a structural engineer
and possible reinforcement of the existing fence.
• Other projects where fence extensions exceeded code.
Ms. Broeren confirmed the applicant's understanding, that if the request were approved at
today's hearing, the plans would have to be modified to reflect structural soundness.
Kathryn Lott, 5401 Heil Avenue, neighboring property owner, approached the plans and
confirmed the location of the stairway window facing to the subject property.
Ms. Broeren acknowledged the applicant's desire for privacy. She stated that she was inclined
to deny the request as proposed because the proposed project is unattractive, incompatible,
and excessive in height. Ms. Broeren stated that in keeping with other projects she was going
to approve the request with the following modifications:
Sugggested Finding For Approval No. 1:
Conditional Use Permit No. 03-44 for the construction of a wood panel extension up to 2 ft.
tall, to an existing 6-ft. high block wall located along the side property line of a single-family
residential lot 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 wood fence extension will not be visible from the public right-of-way.
The wood fence extension will be setback 14 feet from the rear property line. In addition,
the total height of the fence will be conditioned to be no higher than 8 feet on the subject
property. The difference in grade (2 ft. maximum) between the subject property and the
residence to the north is limited to the driveway located at the rear of the property.
Suggested Conditions of Approval No. 1.a:
a. The height of the wood panel extension shall be a maximum of 2 feet, increasing the
height of the wall to a maximum of 8 feet on the subject property.
CONDITIONAL USE PERMIT NO. 03-44 WAS APPROVED BY THE ZONING
ADMINISTRATOR WITH THE FOLLOWING MODIFIED 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.
ZA Minutes 12/17/03 7 (03=1217)
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 15303 of the CEQA Guidelines, because the project consists of
construction of a minor accessory structure.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-44:
Conditional Use Permit No. 03-44 for the construction of a wood panel extension up to 2 ft.
tall, to an existing 6-ft. high block wall located along the side property line of a single-family
residential lot 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 wood fence extension will not be visible from the public right-of-way.
The wood fence extension will be setback 14 feet from the rear property line. In addition,
the total height of the fence will be conditioned to be no higher than 8 feet on the subject
property. The difference in grade (2 ft. maximum) between the subject property and the
residence to the north is limited to the driveway located at the rear of the property.
2. The conditional use permit will be compatible with surrounding uses because the proposed
fencing will consists of decorative materials such as white painted wood paneling similar to
other materials used in fencing, patio covers, and building construction. In addition similar
fence heights are permitted along the perimeter of residential tracts that abut arterial
streets.
3. The proposed Conditional Use Permit No. 03-44 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.
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 Low -Density (RL) on the
subject property. In addition, it is consistent with the following goal of the General Plan:
- LU 9.2.1: Require that new development within existing residential neighborhoods be
compatible with existing structures, such as the use of complementary building
materials, colors, and forms, while allowing flexibility for unique design solutions.
The proposed wall will be designed with decorative features such white wood paneling to
match the house and accessory structures. The wall will be setback a minimum of 14 feet
from the rear property line.
ZA Minutes 12/17/03 8 (03zm1217)
0 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.03-44:
1. The site plan, floor plans, and elevations received and dated October 1, 2003, shall be the
conceptually approved layout with the following modifications:
a. The height of the wood panel extension shall be a maximum of 2 feet, increasing the
height of the wall to a maximum of 8 feet on the subject property.
2. Building permits shall be obtained for the wall extension within 90 days.
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.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
• The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
0
ITEM 4: COASTAL DEVELOPMENT PERMIT NO. 03-20 (ROFAEL ADDITION)
APPLICANT:
Scott Haugins, 27626 Paseo Sonata, San Juan Capistrano, CA
92675
PROPERTY OWNER:
Medhat M. Raouf, 16531 Carousel Lane, Huntington Beach, CA
92649
REQUEST:
To construct an 18 sq. ft. first floor addition and a 695 sq. ft.
second -story addition to an existing two-story single-family
dwelling.
LOCATION:
16531 Carousel Lane (West side of Carousel Lane West of
Humboldt Drive)
PROJECT PLANNER:
Rami Talleh
ZA Minutes 12/17/03 9 (03=1217)
Rami Talleh, Staff Planner, displayed project plans and stated 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 approval of the request based upon the suggested findings and subject to
the suggested conditions as outlined in the executive summary. No written or verbal
comments were received in response to the public notification.
THE PUBLIC HEARING WAS OPENED.
Scott Haugins, 27626 Paseo Sonata, San Juan Capistrano, applicant, addressed the code
requirement for a fire alarm system. Staff advised that the aforementioned is not a condition of
approval and that the applicability of the code requirement will be determined during the plan
check process.
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 and a discussion ensued
concerning the 40% landscaping requirement.
COASTAL DEVELOPMENT PERMIT NO. 03-20 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)
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 structure, which increases the floor area less than 50 percent and
involves negligible or no expansion of an existing use.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-20:
1. Coastal Development Permit No. 03-20 for construction of an 18 sq. ft. first floor addition
and a 695 sq. ft. second -story addition to an existing two-story single-family dwelling, as
proposed, conforms with the General Plan, including the Local Coastal Program land use
designation of Residential Low -Density. The project is consistent with Coastal Element
Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close
proximity to existing developed areas able to accommodate it. The proposed construction
will occur on a previously developed site, contiguous to existing residential development.
•
ZA Minutes 12/17/03 10 (03zm1217)
• 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, including maximum
building height, minimum yard setbacks, maximum lot coverage and minimum on -site
parking requirements.
•
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 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.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-20:
1. The site plan, floor plans, and elevations received and dated November 14, 2003, shall be
the conceptually approved layout.
2. 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.
3. 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.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
ZA Minutes 12/17/03 11 (03zm1217)
ITEM 5: COASTAL DEVELOPMENT PERMIT NO. 03-19 (AZOULAY ROOM ADDITION) 0
APPLICANT:
Reudor Gratch, 14971 Chestnut Street, Suite J, Westminster, CA
92683
PROPERTY OWNER:
Isaac and Linda Azoulay, 3432 Venture Drive, Huntington Beach,
CA 92649
REQUEST:
To construct a 175 sq. ft. first floor addition and an 814 sq. ft.
second -story addition to an existing two-story single-family
dwelling.
.LOCATION:
3432 Venture Drive (south side of Venture Drive between Walrus
Lane and Sundancer Lane)
PROJECT PLANNER:
Ron Santos
Ron Santos, Staff Planner, displayed project plans and photographs and stated 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 stated that the proposed project is not subject to window alignment
restrictions because the request is not subject to the Infill Lot Ordinance.
Staff recommended approval of the request as submitted and based upon the suggested
findings and subject to the suggested conditions as outlined in the executive summary.
Approval has been received from the homeowner's association. One letter from a neighboring
property owner was received concerning alignment of the proposed second -story window to
his property. No other written or verbal comments were received in response to the public
notification.
Mary Beth Broeren, Zoning Administrator, reviewed the plans and a general discussion ensued
concerning the placement of the second -story window.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren engaged in a discussion with the applicant concerning the second -story window.
The applicant advised that obscure glass would be used in the window.
Ms. Broeren asked that the plans reflect that obscure glass will be used in the second -story
window.
COASTAL DEVELOPMENT PERMIT NO. 03-19 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)
WORKING DAYS.
ZA Minutes 12/17/03 12 (03zm1217)
r 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 structure, which increases the floor area less than 50 percent and
involves negligible or no expansion of an existing use.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-19:
Coastal Development Permit No. 03-19 to construct a 175 sq. ft. first floor addition and an
814 sq. ft. second -story addition to an existing two-story single-family dwelling as modified
by conditions of approval, conforms with the General Plan, including the Local Coastal
Program land use designation of Residential Low -Density. The project is consistent with
Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to
or in close proximity to existing developed areas able to accommodate it. The proposed
construction will occur on a previously developed site, contiguous to existing residential
development.
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, including maximum
building height, minimum yard setbacks, maximum lot coverage and minimum on -site
parking requirements.
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 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.
CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-19:
1. The site plan, floor plans and elevations received and dated October 16, 2003shall be the
conceptually approved layout with the following modifications:
a. The maximum encroachment of the balcony over the garage into the required 15-foot
front setback shall be three feet, measured to the exterior face of the wall.
2. 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
ZA Minutes 12/17/03 13 (03=1217)
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.
3. 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.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if
different from the property owner, and each of their heirs, successors and assigns, shall
defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers,
and employees from any claim, action or proceedings, liability cost, including attorney's fees
and costs against the City or its agents, officers or employees, to attack, set aside, void or
annul any approval of the City, including but not limited to any approval granted by the City
Council, Planning Commission, or Design Review Board concerning this project. The City shall
promptly notify the applicant of any claim, action or proceeding and should cooperate fully in
the defense thereof.
THE MEETING WAS ADJOURNED AT 2:20 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, JANUARY 7, 2004, AT 1:30 PM.
0
Mary Be h Broeren
Zoning Administrator
rmk
•
ZA Minutes 12/17/03 14 (03=1217)