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HomeMy WebLinkAbout2004-01-14• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California • 0 WEDNESDAY, JANUARY 14, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: TENTATIVE PARCEL MAP NO. 2003-208NARIANCE NO. 03-04 (ELBARD PROPERTY SUBDIVISION — CONTINUED FROM THE JANUARY 7, 2004 MEETING WITH THE PUBLIC HEARING OPEN) APPLICANT: Gregory M. Villegas, 14901 Vanguard Lane, Huntington Beach, CA 92647 PROPERTY OWNER: Ibrahim Elbard, 6992 Derby Circle, Huntington Beach, CA 92648 REQUEST: TPM: To permit the subdivision of a 16,800 sq. ft. lot into two residential lots. VAR: To permit lot frontages of 56 ft.-9 in. for Parcel 1 and 67 ft. for Parcel 2 in lieu of the minimum frontage requirement of 72 ft. for both lots as required by the Ellis- Goldenwest Specific Plan. LOCATION: 6992 Derby Circle (east side of Derby Circle, east of Saddleback Lane) PROJECT PLANNER: Paul Da Veiga Ron Santos, Staff Planner sitting in for Paul Da Veiga, stated that the application has been withdrawn because it has been determined that the proposed project would not comply with the standards applicable to the property. THE PUBLIC HEARING WAS CONTINUED OPEN. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 2003-208NARIANCE NO. 03-04 WERE WITHDRAWN AT THE APPLICANT'S REQUEST. ITEM 2• VARIANCE NO 03-18 (THOREN ADDITION — CONTINUED FROM THE JANUARY 7 2004 MEETING WITIH THE PUBLIC HEARING CLOSED) APPLICANT: Evonne Morton, All -Pro Remodeling, 31621 Peppertree Bend, San Juan Capistrano, CA 92675 PROPERTY OWNER: Dennis and Dianna Thoren, 9342 Cliffwood Drive, Huntington Beach, CA 92646 REQUEST: To construct 704 sq. ft., 13'-6" high, one-story addition consisting of a family room, game room, and craft room located at a 5 ft. rear yard setback in lieu of the minimum code required 10 ft. rear yard setback. LOCATION: 9342 Cliffwood Drive (Terminus of Cliffwood Drive west of Kenyon Lane) 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 stated that the request was continued from the previous Zoning Administrator meeting and that a visit to the subject site was conducted by staff in order to photograph the configuration at the rear of the subject property. Staff stated that the applicant submitted revised plans showing the proposed landscaping and extensions to the driveway. Staff stated that a letter in opposition to the proposed project was received from an adjacent property owner to the rear. • Mary Beth Broeren, Zoning Administrator, reviewed the photographs and landscape plans. She stated that the item was continued from the last meeting with the public hearing closed; however, she asked if anyone wished to speak at today's meeting. AS THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST, THE PUBLIC HEARING WAS NOT RE -OPENED. John Johnston, All -Pro Remodeling, 31621 Peppertree Bend, San Juan Capistrano, applicant, stated that they been unsuccessful in their attempts to contact the property owner to the rear in an effort to explain the nature of the project. Mr. Johnston approached and reviewed the aforementioned letter that was received by staff. Mary Beth Broeren, Zoning Administrator, reviewed the project plans with staff and a discussion ensued. Ms. Broeren confirmed with staff that findings cannot be made to support the request and that staff's recommendation for denial has not changed since the previous hearing on this item. Staff determined based upon a visit to the site that the site does not present unique constraints to development in the rear yard and that the project should be redesigned to comply with the 10 ft. rear yard setback along the entire length. Staff opined that the applicant can construct the addition and comply with code. Ms. Broeren stated her concurrence with staff's recommendation. She stated that although the subject property does have some constraints, the applicant does enjoy a property larger than is typical in the zone and the addition is not essential to the function of the home. She referenced where the required turning radius would need to be and stated that the applicant ZA Minutes 01/14/04 2 (04=0114) would still have room to adjust the addition, maintain landscaping, have a viable driveway, and have an attractive front to the home. VARIANCE NO. 03-18 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. 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 DENIAL - VARIANCE NO. 03-18: The granting of Variance No. 02-18 to allow a five (5) foot rear yard setback in lieu of the minimum code required rear yard setback of ten (10) feet will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The subject site is located at the terminus of a cul-de-sac similar to other properties located at the terminus of cul-de-sacs, which are developed with single family homes that comply with the minimum required ten (10) foot rear yard setback. 2. The strict application of the zoning ordinance is not found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification due to special circumstances applicable to the subject property such as size or shape. The subject property is wider and larger than most parcels in the immediate vicinity, which further facilitates the use of the property for development of a single family home. • 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. Currently the property is developed with a single-family residence that complies with the minimum required ten (10) foot rear yard setback. The subject site is shaped in a way that could allow an addition of the same size as proposed and comply with the required 10 foot rear yard setback. 4. The granting of the variance will adversely affect the General Plan. It is inconsistent with the with the following goals and policies of the General Plan Land Use Element designation of Residential Low Density: is LU 4.2.1 Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations. LU 9.2 Provide for the preservation of existing residential neighborhoods The proposed addition will not comply with the required rear yard setback, which is intended to provide for separation between buildings and maintain a private rear yard area for recreational use. The proposed addition will be setback 5 feet from the rear property line, thus impacting the residence to the west by reducing the distance between buildings in areas intended as private rear yards. ZA Minutes 01/14/04 3 (04zm0114) ITEM 3• COASTAL DEVELOPMENT PERMIT NO. 03-24 (HEROLD ADDITION): 0 APPLICANT/ PROPERTY OWNER: Jim Herold, 3271 Gilbert Drive, Huntington Beach, CA 92649 REQUEST: To construct a 535 sq. ft. garage addition to an existing single-family home. LOCATION: 3271 Gilbert Drive (north side of Gilbert Drive and east of Channel Lane) 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 stated that the request is the result of a Code Enforcement citation for a non -permitted garage conversion. Staff stated that the proposed project complies with code. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Ray Herman, 16802 Channel Lane, neighboring property owner, spoke in opposition to the proposed project based upon setback concerns. Jan Herman, 16802 Channel Lane, neighboring property owner, spoke in opposition to the proposed project. Ms. Herman's concerns were: • • Restriction of light and airflow caused by the proposed garage addition. • A recently constructed block wall is in violation of setback requirements. • Violation of CC&Rs. • Interference with view. • Denial of prior variances on neighboring properties. Alicia Dose, 3242 Gilbert Drive, neighboring property owner, spoke in opposition to the proposed project. Jim Herold, 3271 Gilbert Drive, applicant, spoke in support of the proposed project and urged the Zoning Administrator's approval. Mr. Herold stated that when he purchased the property the plans for the addition were tentatively approved; however, delays were caused during the process for obtaining engineering plans for the proposed garage. 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 project plans and detailed discussions ensued concerning: • Non-conformance with setback requirements. • On -going efforts with Code Enforcement and staff. • Prior plan check approval to convert the existing garage without construction of a new garage. ZA Minutes 01/14/04 4 (04zm0114) • Confusion throughout the plan check process and delays. 16 0 The applicant's intent to convert the garage into a bedroom. • Habitability of the subject garage. • Necessity to file for a variance for the current non -compliant front yard setback. Ms. Broeren stated that she was going to continue the item to allow time to include a request for a variance and to re -notice the request. She stated that she wanted a more comprehensive analysis done concerning the proposed project to ensure that the applicant has complied with code and procedural requirements and to protect the neighboring properties. COASTAL DEVELOPMENT USE PERMIT NO. 03-24 WAS CONTINUED TO THE JANUARY 21, 2004 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 4• CONDITIONAL USE PERMIT NO 03-58 (IRASSAE RESTAURANT BEER & WINE SALES APPLICANT: Pooliap Lim, 8841 Adams Avenue, Huntington Beach, CA 92646 PROPERTY OWNER: Pacific Plaza Shopping Center, 1741 Grand Avenue, Del Mar, CA 92014-2253 REQUEST: To establish beer and wine sales in an existing 1,200 sq. ft. restaurant. LOCATION: 8841 Adams Avenue (northwest corner of Adams Avenue and Magnolia Street) 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 for approval as outlined in the executive summary. Staff stated that because of the proximity to residential uses a conditional use permit is required. Staff stated that the Police Department recommended a condition limiting the use of the facility between the hours of 2:00 a.m. and 7:00 a.m. Staff stated that because the applicant is requesting hours of operation between 11:30 a.m. and 9:00 p.m. a condition of approval is not being suggested. Staff stated that they will look at the conditions of approval for the ABC license. No written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with staff that there is no record of problems with the existing establishment. ZA Minutes 01/14/04 5 (04zm0114) CONDITIONAL USE PERMIT NO. 03-58 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS. THE ZONING ADMINISTRATOR 01 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 the operation and minor alteration of an existing commercial structure involving negligible or no expansion of use beyond that previously existing. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-58: Conditional Use Permit No. 03-58 to establish beer and wine sales in an existing 1,200 sq. ft. restaurant 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 use will not generate noise, traffic, demand for parking or other impacts at levels inconsistent with the commercial zoning applicable to the subject property. 2. The conditional use permit will be compatible with surrounding uses since the request represents only a negligible expansion of a commercial use on a commercially zoned property. 0 3. The proposed Conditional Use Permit No. 03-58 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. Alcohol sales is permitted in the CG (Commercial General) zone, subject to conditional use permit approval, pursuant the provisions of the Huntington Beach Zoning & Subdivision Ordinance — CO, CG and CV Districts: Land Use Controls. No new construction is proposed.. 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 7.1.2: Accommodate existing uses and new development in accordance with the Land Use and Density Schedules. LU 10.1.1: Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City and capitalize on Huntington Beach's recreational resources. The requested conditional use permit will accommodate an existing use by allowing the addition of alcohol sales to an existing restaurant. The proposed use will serve the needs ZA Minutes 01/14/04 6 (04zm0114) is of local residents and visitors to the City by providing for additional dining service and menu options. ITEM 5: COASTAL DEVELOPMENT PERMIT NO. 03-21 (BASSALY RESIDENCE APPLICANT: Scott Hudgins, 27626 Paseo Sonata, San Juan Capistrano, CA 92675 PROPERTY OWNER: Bassaly #1, LLC, 16531 Bolsa Chica #303, Huntington Beach, CA 92649 REQUEST: To demolish an existing single-family dwelling and construct a 4,284 sq. ft. two-story single-family dwelling and 563 sq. ft. attached garage. LOCATION: 17001 Bolero Lane (west side of Bolero Lane, north of Sirius Drive) 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, and, in particular, staff's suggested modifications to the originally submitted plans. Staff stated that the proposed project complies with the Infill Lot Ordinance; however, the ordinance was not noticed with the request. Staff stated that notices could be sent referencing the Infill Lot Ordinance at the plan check process if deemed necessary. Staff stated that no written or verbal comments were received in response to the public notification and that no conditions were suggested by other City departments. Mary Beth Broeren, Zoning Administrator, reviewed the plans and a discussion ensued with staff concerning suggested Condition No. 1.a. THE PUBLIC HEARING WAS OPENED. Sam Giesy, 17011 Bolero Lane, neighboring property owner, stated that he had no problems with the proposed project; however, he stated the following: • The pounding from a past demolition shook his house, rattled windows and cracked seawalls. • The heavy equipment caused cracking on the street and the taxpayers should not be required to pay for the repairs. Ms. Broeren responded to Mr. Giesy's comments. She asked the applicant what methods would be used to demolish the existing structure without the aforementioned damage and noise. ZA Minutes 01/14/04 7 (04zm0114) Mike Bassaly, 16531 Bolsa Chica #303, property owner, stated that they would take precautions with the sea wall and will choose a company that will not use heavy equipment. Mr. Bassaly agreed to attempt to minimize the concerns expressed by Mr. Giesy. Ms. Broeren advised Mr. Giesy that City Code Enforcement is available should the need be necessary. She confirmed with the applicant that they are aware of suggested Condition No. 1.b concerning the 10 foot minimum width of the driveway and that they would still have to comply with the minimum 40 percent landscaping within the front yard setback. Scott Hudgins, 27626 Paseo Sonata, San Juan Capistrano, applicant, concurred. Mr. Hudgins stated that they can reduce the depth of the powder room and dining room in order to achieve the required minimum garage dimensions. Staff advised that the 40 percent landscape requirement applies only in the front yard setback and that any landscaping beyond the setback would not apply in meeting this requirement. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 03-21 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. 9 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 15302 of the CEQA Guidelines, because the project consists of the replacement of an existing structure and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-21: Coastal Development Permit No. 03-21 to demolish an existing single-family dwelling and construct a 4,284 sq. ft. two-story single-family dwelling and 563 sq. ft. attached garage, as proposed, 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 proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project, as conditioned, complies with all applicable development regulations, including maximum ZA Minutes 01/14/04 8 (04=0114) building height, minimum yard setbacks, maximum site coverage and minimum on -site parking. 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 dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-21: 1. The site plan, floor plans and elevations received and dated October 14, 2003, shall be the conceptually approved layout with the following modifications: a. The minimum interior garage depth dimension shall be 19 feet. (Lot coverage shall not exceed 50 percent, including balconies projecting more the 30-inches.) b. The minimum width of the driveway leading to the one -car garage shall be ten feet. 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 6: COASTAL DEVELOPMENT PERMIT NO. 03-25 (CAVENER ROOM ADDITION) APPLICANT/ PROPERTY OWNER: James and Marilyn Cavener, 9272 Christine Drive, Huntington Beach, CA 92646 REQUEST: To construct a 1,344 sq. ft. first and second floor addition to an existing single-family dwelling and a 239 sq. ft. second -story deck. LOCATION: 9272 Christine Drive (south side of Christine Drive, east of Capistrano 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 ZA Minutes 01/14/04 9 (04zm0114) executive summary. Staff stated that no variance is required for the proposed project and that the proposed project complies with code. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the code permits an exterior stairway to a second story. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVEOPMENT PERMIT NO. 03-25 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. 03-25: Coastal Development Permit No. 03-25 to construct a 1,344 sq. ft. first and second floor addition to an existing single-family dwelling and a 239 sq. ft. second -story deck, 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. 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. • ZA Minutes 01/14/04 10 (04zm0114) 0 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. 03-25: The site plan, floor plans, and elevations received and dated November 7, 2003, shall be the conceptually approved layout. 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 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 21, 2004 AT 1:30 PM. Maryeth roeren Zoning Administrator rmk ZA Minutes 01/14/04 11 (04zm0114)