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HomeMy WebLinkAbout2004-03-104 0 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 10, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: January 14, 21 and 28, 2004 February 4 and 11, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 03-26NARIANCE NO. 03-21 (KRAUSE ADDITION) APPLICANT/ PROPERTY OWNER: James W. Krause, 16382 Maruffa Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a 772 sq. ft. second story addition to an existing two story single family home at a maximum height of 30'-0" and a 258 sq. ft. garage addition. VAR: To allow a second story addition at a 12'-6" front yard setback in lieu of the minimum required 15'-0" front yard setback. The encroachment is limited to approximately 10 sq. ft. LOCATION: 16382 Maruffa Circle (north side of Maruffa Circle, west of Mistral Drive) 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 one letter was received from the adjacent property owner suggesting that the side entry into the garage be moved. Staff recommended the following addition to suggested Condition of Approval No. 1: 1. The site plan, floor plans, and elevations received and dated February 11, 2004, shall be the conceptually approved layout with the following modification: a The man door located within the 10'-13' addition adjacent to the garage shall be moved to the south within the garage. Staff stated that a letter of approval has been received from the homeowner's association. No other 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, stated that she has reviewed the letter received by staff from the adjacent property owner. Ms. Broeren confirmed that staff addressed the concerns expressed in the letter, in particular the hours of construction governed by City Code. Ms. Broeren reviewed the project plans and confirmed that the applicant has agreed to staff's recommended modification to suggested Condition of Approval No. 1. She stated that she was going to approve the request with staff's recommended modification to the suggested conditions of approval. COASTAL DEVELOPMENT PERMIT NO. 03-26NARIANCE NO. 03-21 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 sections 15301 and 15305 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, and a minor alteration in land use limitations not resulting in changes in land use or density. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 03-26: 1. Coastal Development Permit No. 03-26 to construct a 772 sq. ft. second story addition to an existing two story single family home at a total height of 30'-0" and a 258 sq. ft. garage addition, 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 ZA Minutes 03/10/04 2 (04=0310) 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, except for the requested variance, as well as other applicable provisions of the Municipal Code including maximum building height, 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. FINDINGS FOR APPROVAL - VARIANCE NO. 03-21: 1. The granting of Variance No. 03-21 to allow residential living space at a 12'-6" front yard setback in lieu of the minimum required 15'-0" front yard setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and 4 under an identical zone classification. The proposed variance will allow for only a minor encroachment (approximately 10 sq. ft.) of a second floor turret that also serves as living space into the required front yard area. The dimension of the encroachment is 8'-0" wide and encroaches no more than 2'-6" into the front yard setback. The turret is an architectural feature that enhances the aesthetic appearance of the structure. The 2'-6" encroachment into the front yard setback is allowed for ornamental features. The turret would be considered an ornamental feature if it did not consist of living space. The property will maintain a front yard, which on average exceeds the minimum required and which is comparable and compatible with other properties in the vicinity. G 2. Because of special circumstances applicable to the subject property, including the location of the structure, 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 proposed project includes reorienting the entry of the existing garage to the side and construction of a 454 sq. ft. addition at a 15'-0" front yard setback. The addition increases the width of the garage to a 27'-0" (standard width of a three car garage). The applicant is requesting to construct a second story addition at a reduced setback due to the location of the proposed garage. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. In order to comply with the minimum front yard setback for the proposed turret the entire second floor would have to setback 2'-6" from the face of the proposed garage, which would result in an offset of the front facade and reduce the buildable area on the second floor. Applying the required 15-foot setback would also ZA Minutes 03/10/04 3 (04zm0310) require additional design considerations for drainage resulting from the offset condition of the garage facade. 16 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 reduced front yard setback will not impact the surrounding properties or circulation of adjacent streets. The proposed minor encroachment of the turret is consistent with several properties located in the surrounding neighborhood. The setback area between the proposed garage conversion and the front property line will be entirely landscaped. 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 (RL) on the subject property. In addition it is consistent with the following goals and policies of the General Plan: a. LU 4.2.4 Require that all development be designed to provide adequate space for access, parking, supporting functions, open space, and other pertinent elements. b. LU 15.5 Ensure that development achieves the visual and physical character intended for the district in which it is located. The requested variance accounts for the somewhat unique attributes of existing and proposed building location. The proposed addition will reorient the existing garage to the side and enhance the appearance of the front elevation through the use of enhanced building materials such as wood columns, stone veneer, wood frame windows, and wood siding. Furthermore, the proposed landscaping within the front yard exceeds the minimum required by the HBZSO. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 03-26NARIANCE NO. 03-21: 1. The site plan, floor plans, and elevations received and dated February 11, 2004, shall be the conceptually approved layout with the following modification: a. The man door located within the 10'-13' addition adjacent to the garage shall be moved to the south within the garage. 2. Prior to issuance of Building Permits, the applicant shall submit a letter from the owner of the utility vault located within the proposed driveway indicated that the vault lid is an approved traffic rated lid. 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 • ZA Minutes 03/10/04 4 (04zm0310) promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 2: CONDITIONAL USE PERMIT NO. 03-40/NEGATIVE DECLARATION NO. 03-03 (BOLSA/EDWARDS RETAIL PLAZA) APPLICANT: Mike Weyhrich, Bundy -Finkel Architects, 20331 Irvine Avenue, Suite 7, Santa Ana Heights, CA 92707 PROPERTY OWNER: Michael Fein, TC Management, 221 Main Street, Suite H, Huntington Beach, CA 92648 REQUEST: ND: To analyze the potential environmental impacts associated with the implementation of the proposed project; CUP. To (a) construct a one-story, 31'-0" tall, 5,400 sq. ft. retail building for retail and office uses on a 21,117 sq. ft. lot, and to (b) allow a maximum of five (5) compact parking spaces (totaling 18.5% of onsite parking). LOCATION: 6502 Bolsa Avenue (southeast corner of Bolsa Avenue and Edwards Street) 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 applicant has agreed to the modifications to the project plans as reflected in the executive summary. Staff stated that the Environmental Board has reviewed and recommended approval of the proposed project. Staff stated that one neighboring business owner inquired into the nature of the project. No other written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the project plans. Ms. Broeren and staff engaged in a discussion concerning the landscaping and overhang. 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 confirmed with staff that notice was sent to the City of Westminster. Ms. Broeren addressed the letter received by staff from the Environmental Board, and she stated concerns related to the remediation of soil contamination. She advised the applicant that they would be required to submit a No Further Action Letter in compliance with standard City code requirements for soil remediation. Ms. Broeren engaged in discussions with the applicant concerning landscaping and the location of wells. The applicant advised that the aforementioned letter could not be submitted prior to issuance of building permits due to the length of time involved in monitoring the wells. ZA Minutes 03/10/04 5 (04zm0310) Ms. Broeren confirmed the applicant's understanding that the aforementioned letter is to be forwarded to the Fire Department. She stated that the concerns expressed by the Environmental Board are addressed in the City's standard code requirements. Ms. Broeren stated that she was going to approve the request. She confirmed that the project plans will reflect the two -foot landscape overhang. CONDITIONAL USE PERMIT NO. 03-40/NEGATIVE DECLARATION NO. 03-03 WERE 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) CALENDAR DAYS. FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 03-03: 1. The Negative Declaration No. 03-03 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. No comments were received during the comment period There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as modified through the conditions of approval for Conditional Use Permit No. 03-40, will have a significant effect on the environment. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-40: Conditional Use Permit No. 03-40 for the establishment, maintenance and operation of a one-story, 31'-0" tall, 5,400 sq. ft. building for retail and office uses on a 21,117 sq. ft. lot and the provision of five (5) compact parking spaces (totaling 18.5% of onsite parking) 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 commercial building is proposed at the intersection of Bolsa Avenue and Edwards Street, arterial highways that serve commercial areas. The structure will be constructed along the Bolsa and Edwards street frontage in order to create an inward focusing arrangement that ties to the existing adjacent commercial development and define the street edge. The prospective retail and office uses will be conducted entirely within the building. The project site will be developed with 27 parking spaces, which is large enough to accommodate a variety of vehicle sizes. Furthermore the compact parking spaces will be evenly distributed throughout the site. 2. The proposed Conditional Use Permit No. 03-40 will be compatible with surrounding uses because existing commercial buildings are located at the intersection of Bolsa Avenue and Edwards Street. The building siting and design is complementary to the surrounding properties. 3. The proposed Conditional Use Permit No. 03-18 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 and any specific condition required for the proposed use in the district in which it would be located. The project complies with the requirements for • ZA Minutes 03/10/04 6 (04zm0310) parking, setbacks, floor area ratio, and building height. In addition the design of the project complies with the Huntington Beach Design Guidelines. 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 CN-F1 (Neighborhood Commercial — 0.35 FAR). The proposed project is consistent with this designation and the goals and objectives of the City's General Plan as follows: LU 10.1 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 residences, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. LU 10.1.12 Require that Commercial General uses be designed and developed to achieve a high level of quality, distinctive character, and compatibility with existing uses and development including the consideration of incorporation of site landscape, particularly along street frontages and in parking lots. ED 2.4.3 Encourage the expansion of the range of goods and services provided in Huntington Beach to accommodate the needs of all residents in Huntington Beach and the market area. The application allows for the establishment of a new office/retail office building within the City. The project will provide the opportunity for prospective business to move to or relocate within the City. The design of the project will be compatible with other commercial buildings in the area by siting the building along the street frotange, providing quality architectural features, and providing sufficient landscaping along the street frontage and within the parking area. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 03-40: 1. The site plan, floor plans, and elevations received and dated February 20, 2004, shall be the conceptually approved layout with the following modifications: a. The landscaped planter along Edwards Street shall be increased to a minimum 10 feet in width. The landscaped planter shall include a one -foot concrete step off area. The compact parking spaces located along Bolsa Avenue may be relocated to the drive aisle south of the building in order to achieve the required landscaped planter width of 10 feet along Edwards Street. In addition the planter along Bolsa Avenue may be reduced to a minimum width of 10 feet, including a one -foot step off area. b. The angled offset in the curb along Edwards Street near the southerly corner of the site shall be reconfigured as a 60-foot long reverse curve taper. c. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. ZA Minutes 03/10/04 7 (04zm0310) d. The driveway entrances shall have textured and colored pavement (behind sidewalk on private property) for a depth of 10 ft. 2. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department. b. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (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. c. Submit three (3) copies of the site plan and floor plans and the processing fee to the Planning Department for addressing purposes. (FD) d. Contact the United States Postal Service for approval of mailbox location(s). 3. Prior to issuance of building permits, the following shall be completed: a. An additional 8-feet of public street right-of-way shall be dedicated along Edwards Street frontage so that the right-of-way line is located 50 feet easterly of the existing Edwards Street Centerline. A 25-foot radius public street right-of-way dedication shall be made at the intersection of Edwards Street and Bolsa Avenue. 0 b. A planned sign program for all signage and processing fee shall be submitted to the Planning Department. Said program shall be approved prior to the first sign request. 4. Only the uses described in the narrative received and dated February 20, 2004, shall be permitted. 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. n �J ZA Minutes 03/10/04 8 (04zm0310) ITEM 3: TENTATIVE PARCEL MAP NO. 2003-240 (NORTH HUNTINGTON CENTER SUBDIVISION) APPLICANT: Hayes Surveying, 12 Sembrado, Rancho Santa Margarita, CA 92688 PROPERTY OWNER: Mullrock Mortgage, LLC, 23521 Paseo De Valencia, Laguna Hills, CA 92653 REQUEST: To subdivide a 3.697 acre lot into three parcels circumscribing existing commercial buildings and one common parcel. LOCATION: 7777, 7887, 7979 Center Avenue (north side of Center Avenue, south of 405 freeway) 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. No unique conditions are suggested in the executive summary Staff stated that no written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and a general discussion ensued concerning parking and easements. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 2003-240 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) 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 the division of property in an urbanized area zoned for commercial use into four or fewer parcels, in conformance with the General Plan and zoning, with no variances or exceptions required; and with all services and access to the proposed parcels available. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 2003-240: 1. Tentative Parcel Map No. 2003-240 to subdivide a 3.697 acre lot into three parcels 0 circumscribing existing commercial buildings and one common parcel is consistent with the ZA Minutes 03/10/04 9 (04zm0310) General Plan Land Use Element designation of M-sp (Mixed Use — specific plan) on the subject property, the applicable specific plan, and applicable provisions of the HBZSO. 2. The site is physically suitable for the type and density of development. No development is proposed in conjunction with the proposed subdivision. 3. The design of the subdivision will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The subdivision is proposed for a developed property. No new development is proposed. The site does not serve as habitat for fish or wildlife. 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 easements acquired by the public at large for access through or use of the property exist within the proposed subdivision. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 2003-240: 1. The tentative parcel map to subdivide a 3.697 acre lot into three parcels circumscribing existing commercial buildings and one common parcel, received and dated December 16, 2003, shall be the approved layout. The final map shall reflect the following revisions: a. The subject property shall enter into or submit evidence of existing irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. The location and width of the accessway shall be reviewed and approved by the Planning Department and Public Works Department and depicted on the parcel map. The subject property owner shall be responsible for making necessary improvements to implement the reciprocal driveway. The legal instrument shall be submitted to the Planning Department a minimum of 30 days prior to building permit issuance. The document shall be approved by the Planning Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder prior to final building permit approval. A copy of the recorded document shall be filed with the Planning Department for inclusion in the entitlement file prior to final building permit approval. The recorded agreement shall remain in effect in perpetuity, except as modified or rescinded pursuant to the expressed written approval of the City of Huntington Beach. (Code Requirement) b. Parcel 4 shall be identified as a lettered lot. c. The correct property owner and subdivider shall be identified (transposed on the tentative parcel map). d. The correct zoning (Specific Plan No. 1) shall be noted. e. References to a planned/future health club and associated site modifications shall be deleted. 2. At least 90 days before recordation of the final map, CC&Rs shall be submitted to the Planning Department and approved by the City Attorney. The CC&Rs shall identify common areas and improvements, including parking areas, driveways and landscaping; and existing, proposed and necessary easements; The CC&Rs shall • ZA Minutes 03/10/04 10 (04zm0310) include provisions for maintenance of all common areas, including freestanding walls and landscaping, by the to -be -formed property Owner's Association. The CC&Rs must be in recordable form prior to recordation of the map. 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 4: CONDITIONAL USE PERMIT NO. 04-03 (HOLDEN COURTYARD FENCE) APPLICANT: John Di Lauro, 17022 Courtney Lane, Huntington Beach, CA 92649 PROPERTY OWNER: Jim and Susan Holden, 16332 Santa Anita Street, Huntington REQUEST: Beach, CA 92649 To construct a 6-foot 6-inch tall courtyard fence, at a ten -foot 14 setback from the front property line, in lieu of a 15 foot minimum setback. LOCATION: 16332 Santa Anita Street (east side of Santa Anita Street, south of Meadowlark 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, in particular suggested Conditions of Approval No. 1.a and b concerning modifications to the submitted plans. Staff stated that no written or verbal comments were received in response to the public notification, and other City departments have suggested no unique conditions. 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, reviewed the project plans and confirmed with the applicant that the need for privacy is the reason for the proposed project. CONDITIONAL USE PERMIT NO. 04-03 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. ZA Minutes 03/10/04 11 (04=0310) THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) 16 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 15303 of the CEQA Guidelines, because the project consists of construction of a small accessory structure on a previously developed site. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-03: 1. Conditional Use Permit No. 04-03 to construct a 6-foot 6-inch tall courtyard fence, at a ten - foot setback from the front property line, in lieu of a 15-foot minimum setback, 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 fence will maintain a minimum setback from the front property line consistent with the setback permitted in the zone for a side entry garage. In addition, the proposed fence will span a maximum of 21 linear feet of the 60-foot wide lot — a span consistent with a typical garage dimension. Accordingly, the proposed project will be consistent with the standards applicable to a permitted structure in the zone and will have no greater impact on the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses. The proposed courtyard fence will be constructed of high quality, decorative building materials and will be substantially integrated into the design and architecture of the dwelling. The 10 foot setback area between the proposed fence and the front property line will be entirely landscaped. In addition, the site will provide landscaping over 57 percent of the required front yard, whereas the HBZSO requires a minimum of 40 percent. Finally, the project includes construction of a 16-inch decorative planter wall in front of the proposed courtyard fence which serves to soften the appearance of proposed fence by stepping up or graduating the proposed fence height. The requested conditional use permit is consistent with numerous previously entitlements for fencing within the required front yard setback in the RL zoning district. 3. The proposed Conditional Use Permit No. 04-03 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 permits fences exceeding 42-inches in height within the required front setback, with approval of a conditional use permit. 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: 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. ZA Minutes 03/10/04 12 (04zm0310) L.U. 9.2.1: Require that all new residential developments within existing residential neighborhoods be compatible with existing structures, including the maintenance of the predominant or median existing front yard setbacks. The proposed fence will meet the City's objectives for community character by incorporating quality design and materials (masonry, stucco, pilasters, stone) and by maintaining a predominantly (with the exception of the decorative paving applied to the driveway) landscaped setback with a minimum dimension of ten feet between the proposed fence and the public sidewalk. The proposed fence will maintain a minimum setback matching the minimum setback required for a side entry garage on the subject property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 04-03: 1. The site plan and elevations received and dated February 5, 2004, shall be the conceptually approved layout with the following modifications: a. The overhead courtyard trellis depicted on the site plan shall maintain a 12-foot minimum front yard setback, in accordance with the provisions of HBZSO Sec. 230.68 — Projections Into Yards and Courts . b. The proposed fence shall not exceed a height of six -feet — six -inches, as measured from the top -of -curb along the street frontage, within 15-feet of the front property line. Pilasters, posts and any fencing exceeding six -feet — six -inches in height shall be setback a minimum of 15 feet from the front property line. 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 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MARCH 17, 2004 AT 1:30 PM. Mary'Beth biberen Zoning Administrator :rmk ZA Minutes 03/10/04 13 (04=0310)