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HomeMy WebLinkAbout2004-01-28MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JANUARY 28, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland, Acting STAFF MEMBER: Rami Talleh, Paul Da Veiga, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: December 17, 2003 January 7, 2004 CONTINUED TO THE FEBRUARY 4, 2004 MEETING ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 03-16 (MYER RESIDENCE) APPLICANT: Reudor Gratch, 14971-J Chestnut Street, Westminster, CA 92683 PROPERTY OWNER: Michael Myer and Pamel Rieder, 4002 Morning Star Drive, Huntington Beach, CA 92649 REQUEST: To demolish an existing single-family dwelling and construct a new 4,926 sq. ft. two story single family home with a 2,046 sq. ft. basement/garage at a height of 30'-0" on a 5,443 sq. ft. lot. The entitlement request 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: 4002 Morning Star Drive (Terminus of Morning Star Drive west of Saybrook Lane) PROJECT PLANNER: Rami Talleh 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 stated that the Infill Lot Ordinance applies to the proposed project, and that the applicant has agreed to fixed and obscure windows facing the adjacent neighbor's windows. • Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. A letter of approval was received from the homeowner's association. No written or verbal comments were received in response to the public notification. Herb Fauland, Acting Zoning Administrator, reviewed the project plans and a general discussion ensued with staff concerning: • The Infill Lot Ordinance requirements. • Reasons for fixed and obscure windows in lieu of offset windows. • Proposed use of the basement. • Water table as related to the proposed basement and comments received from the Department of Public Works stating that they have no concerns. • The maximum height of the proposed two-story home measuring 30 feet from the top of the curb. • Confirmation that the homeowner's association approved and reviewed the proposed plans. THE PUBLIC HEARING WAS OPENED. Reudor Gratch, 14971-J Chestnut Street, Westminster, applicant, addressed the water table concerns. Mr. Gratch stated that a pump and drainage system for the basement will be installed. Discussion ensued with Mr. Fauland and Mr. Gratch concerning compliance with the Infill Lot Ordinance requirements. Mr. Gratch stated that the windows are needed for lighting into the home and that the windowsills are placed high thereby restricting the ability to look into the neighbor's windows. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked staff to modify the Conditions of Approval by adding the following: 2. The use of the basement shall be limited to that of a garage and storage area. The basement cannot be used for habitable purposes unless additional parking can be provided and plans are reviewed and approved by the Planning Department. Mr. Fauland asked the applicant if they had reviewed the conditions of approval and if the applicant concurs with the conditions and the added condition regarding use of the basement. The applicant concurred with the conditions of approval. COASTAL DEVELOPMENT PERMIT NO. 03-16 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE 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. ZA Minutes 01/28/04 2 (04zm0128) 6 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. 03-16: Coastal Development Permit No. 03-16 to demolish an existing single-family dwelling and construct a new 4,926 sq. ft. two story single family home with a 2,046 sq. ft. basement/garage at a height of 30'-0" on a 5,443 sq. ft. lot, 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 • proposed, complies with all applicable development regulations, including maximum 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. 03-16: 1. The site plan, floor plans, and elevations received and dated December 4, 2003, shall be the conceptually approved layout. 2. The use of the basement shall be limited to that of a garage and storage area. The basement cannot be used for habitable purposes unless additional parking can be provided and plans are reviewed and approved by the Planning Department. 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 ZA Minutes 01/28/04 3 (04zm0128) 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 2: VARIANCE NO. 03-17 (BEACH/SLATER CHEVRON — REMODEL APPLICANT: Andrea Fiscus -Munoz, 16868 A Street, Huntington Beach, CA 92647 PROPERTY OWNER: G&M Oil Co., Inc., 16868 A Street, Huntington Beach, CA 92647 REQUEST: To permit (1) a total of 8 percent landscaping in lieu of the Code - required 10 percent, (2) a landscape planter width of 2 ft. along the westerly property line and a landscape planter width of 3 ft. along the southerly property line, in lieu of the Code -required 10 ft., based on an exterior fagade remodel of the existing service station including the installation of new fuel pump canopy tops. LOCATION: 17472 Beach Boulevard (northeast corner of Beach Boulevard and Slater Avenue) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, 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, in particular, the suggested modifications to the original project plans as amended by staff on January 20, 2004. Staff also recommended modifications to suggested Findings for Approval No. 1 as follows: The granting of Variance No. 03-17 to permit a total of 8 peFGent landSGaping on lieu of the Code reguired 0 peFGe ,, a landscape planter width of 24t-. 3 ft. along the westerly property line and a landscape planter width of 3-ft. 8 ft. along the southerly property line, in lieu of the Code -required 10 ft., will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed variance will allow for an exterior remodel of an existing service station building while providing additional perimeter landscaping along the perimeter of the subject site. Similar approvals have been granted for exterior upgrades to commercial properties with non -conforming landscaping based on the location of existing improvements on the site. Staff stated that the Design Review Board (DRB) recommended approval to the Zoning Administrator. • ZA Minutes 01/28/04 4 (04zm0128) Herb Fauland, Acting Zoning Administrator, reviewed the project plans and engaged in a discussion with staff concerning: • The exterior modifications as approved by the DRB. • The originally submitted project plans and staff's amended plans. • Closure of one of the two existing driveways to allow for adequate parking and alternatives as explored by staff. • ADA access for handicap parking. • Landscape planter locations. • Reciprocal access to adjacent commercial properties. THE PUBLIC HEARING WAS OPENED. Andrea Fiscus -Munoz, 16868 A Street, applicant, stated that currently the subject site does not have stripped parking and they have provided two additional parking spaces where none existed. Ms. Fiscus -Munoz presented a picture of a truck making a delivery and stated that if they were required to close one of the driveways, the delivery trucks would not be able to back out of the property. She stated that without being able to back out of the driveway, they could not go forward with the project. She urged the Zoning Administrator's approval without a condition to close a driveway. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland and the applicant reviewed the project plans and a general discussion ensued concerning the diesel pump island and access to adjoining properties. Mr. Fauland asked staff if the suggested findings for approval address what unique circumstances pertain to this property that would prohibit this proposal from complying with some of the requirements. Staff stated that the findings are based on the location of existing improvements including the pump island and landscaping. Mr. Fauland stated concern for a nonconforming site and the possible granting of a variance that would run with the land. He stated further concern that the granting of the variance would not achieve the City's goals and requirements for a remodel of a gas station, citing the General Plan and design guidelines. He emphasized the need to maximize site improvements including parking, landscaping, and ADA access delineated by the Building Department. Mr. Fauland suggested continuing the request and stated that before an approval of the request could be granted, he would like to review revised site plans optimizing the configuration of parking and landscaping and bringing the site into conformance with as many City requirements as possible. He further stated that if the driveway were to be closed, input is needed from the Public Works and Traffic Departments to determine access onto and off of the subject site. ZA Minutes 01/28/04 5 (04zm0128) Ms. Fiscus -Munoz agreed to a continuance. She urged the Zoning Administrator not to approve closure of one driveway stating that they came to the City to request a permit to replace the deteriorated canopies and now find that they are faced with the requested project. She stated that if they are required by the City to close the driveway, Chevron would not be willing to make deliveries and, therefore, the station would be left as is for the life of the station. Mr. Fauland emphasized the need to look at an alternative layout before the City would grant a variance that is going to run with a property for the remainder of its useful life. He stated that it is one of the City's goals to try to improve the image along Beach Boulevard. He emphasized the necessity to explore all avenues to make certain that the facts and issues as discussed are addressed to the fullest potential. VARIANCE NO. 03-17 WAS CONTINUED TO THE FEBRUARY 11, 2004 MEETING WITH THE PUBLIC HEARING CLOSED. THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 4, 2004 AT 1:30 PM. Herb Fauland, Acting Zoning Administrator rmk • ZA Minutes 01/28/04 6 (04zm0128)