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HomeMy WebLinkAbout2004-05-190 MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MAY 19, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: April 21, 2004 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-50 (BANCORP RETAIL CENTER) APPLICANT: Timothy J. Lux, Datum Architects, 6 Morgan, Suite 11, Irvine, CA 92618-1920 PROPERTY OWNER: Huntington Pacific Bancorp, 17408 Beach Boulevard, Huntington Beach, CA 92647 REQUEST: To permit the construction of a 7,457 sq. ft. single -story retail/office building on a 26,190 sq. ft. parcel within the CG (Commercial General) zone. The proposal includes installation of new landscape planters and new surface parking. LOCATION: 17222 Beach Boulevard (east side of Beach Boulevard, south of Blaylock Drive) PROJECT PLANNER: Paul Da Veiga Ron Santos, Staff Planner, sitting in for Paul Da Veiga, stated that the applicant has requested a continuance of the request to a date uncertain in order to address recommendations made by the Design Review Board (DRB). Mary Beth Broeren, Zoning Administrator, confirmed with staff that the item would be re -advertised when a date is ascertained. Ms. Broeren advised those present to speak on the proposed project that changes to the project plans could occur, and that they may wish to reserve comments for the re -hearing of the proposed project. THE PUBLIC HEARING WAS NOT OPENED. Although the public hearing was not opened, Doug Taylor, 16831 Saybrook Lane, stated that • he had questions concerning the location for the building, parking and the greenbelt. Ms. Broeren advised Mr. Taylor that he could contact the project planner to arrange for a time to review the plans, after the revisions, as recommended by the DRB, have been completed. CONDITIONAL USE PERMIT NO. 03-50 WAS CONTINUED TO A DATE UNCERTAIN AT THE APPLICANT'S REQUEST WITH THE PUBLIC HEARING OPEN. ITEM 2• CONDITIONAL USE PERMIT NO. 03-31 (JUMONVILLE ADDITION) APPLICANT/ PROPERTY OWNER: William Jumonville, 19751 Quiet Bay Lane, Huntington Beach, CA 92648 REQUEST: To (a) allow a 26'-0" ft. tall, 1,358 sq. ft., first and second -story addition at an existing non -conforming eight (8) foot rear yard setback in lieu of the minimum code required ten (10) foot rear yard setback and (b) a 95 sq. ft. third -story deck. LOCATION: 19751 Quiet Bay Lane (north side of Quiet Bay Lane, west of Deep Harbor Drive) 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 request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that one neighboring property owner, adjacent to the west of the proposed project, reviewed the plans and stated no concerns. One letter in opposition to the proposed project was received based upon concerns impacting views onto the golf course. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and photographs. Ms. Broeren and staff discussed what the setback codes were at the time that the existing structure was built, and what the setbacks are for surrounding properties. THE PUBLIC HEARING WAS OPENED. William Jumonville, 19751 Quiet Bay Lane, applicant, spoke on behalf of the proposed project. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. • ZA Minutes 05/19/04 2 (04=0519) • CONDITIONAL USE PERMIT NO. 03-31 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 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 - CONDITIONAL USE PERMIT NO. 03-31: 1. Conditional Use Permit No. 03-31 for the construction of a 1,358 sq. ft., first and second - story addition to a single-family dwelling with a height of 26'-0", matching an existing non- conforming 8-ft. rear yard setback in lieu of the minimum code required 10-ft. rear yard setback and the construction of a 95 sq. ft. third story deck 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 second story addition matches an existing nonconforming rear yard setback, which abuts a golf course to the north. The proposed addition will not impact the adjacent residence to the west because it complies with the required 5 ft. side yard setback and features windows that orient toward the abutting golf course only. The third story deck is oriented away from adjacent properties and is not visible from the exterior of the structure. The deck is located within the volume of the second story roof, 5'-6" below the highest point of the roof. 2. The conditional use permit will be compatible with surrounding uses because the project consists of a second floor addition to a single-family home and a third story deck in a residential neighborhood developed with comparable one and two story dwellings. The proposed 8 ft. rear yard setback matches or exceeds the rear setback of several properties in the vicinity. The height of the second floor addition and third story deck will be 26'-0" tall, which is comparable to the height of other two story homes in the vicinity. Furthermore, the third story deck is not visible from the exterior of the structure and will be accessed through an interior staircase. 3. The proposed second story addition and third story deck 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 (HBZSO). The proposed addition complies with the applicable development standards (building height, front and side setbacks, lot coverage, and design criteria for third story construction) except for the proposed rear yard setback, which matches the existing rear yard setback. The HBZSO authorizes additions to nonconforming structures proposed to be constructed at the existing nonconforming yard setbacks with approval of a conditional use permit. ZA Minutes 05/19/04 3 (04=0519) 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 Residential Low Density on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. L.U. 7.1.2: Require that development be designed to account for the unique characteristics of project sites and objectives for community character as appropriate. b. LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with the surrounding development; c. LU 9.2.1 d: Maintenance of privacy on abutting residences. Conditional Use Permit No. 03-31 accounts for the subject property's existing non- conforming rear yard setback by allowing the proposed expansion to be constructed at a matching setback; thus minimizing construction costs while allowing for a more aesthetically pleasing design. The addition is designed with materials such as stucco, stone veneer, and tile roofing to match the existing structure and be compatible with the surrounding single-family homes. The privacy of the abutting residences will be maintained in that the second story windows are oriented toward the abutting golf course and third story deck is oriented toward the sky. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-31: The site plan, floor plans, and elevations received and dated April 23, 2004 shall be the conceptually approved design, except that the proposed fireplace located at the northwest corner of the structure shall be setback 7'-6" from the rear 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. is ZA Minutes 05/19/04 4 (04=0519) • ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 04-06NARIANCE NO. 03-23/SPECIAL PERMIT NO. 04-01 (JENNER RESIDENTIAL DEVELOPMENT) APPLICANT/ PROPERTY OWNER: Floyd Jenner, 313 19th Street, Huntington Beach, CA 92648 REQUEST: CDP: to construct a 2,406 sq. ft. three-story single-family dwelling and a 406 sq. ft. attached garage, with an overall height of 33 ft. 5 in.; VAR: to allow a 22.5 ft. wide lot in lieu of the 25 ft. minimum lot width after required dedications for alley widening; SP: to allow a zero side yard setback for an attached garage, in lieu of the required three ft. minimum setback. This 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: 111 Sixth Street (west side of Sixth Street, north of Pacific Coast Highway, south of Walnut Avenue) 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 stated a correction to the • variance, as noticed, as follows: VAR: to allow a 22.75 22.5 ft. wide lot in lieu of the 25 ft. minimum lot width after required dedications for alley widening. 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, and other City departments suggested no unique conditions. Mary Beth Broeren, Zoning Administrator, and staff discussed why a coastal development permit was required, and the reason for the suggested zero side -yard setback to the garage. Ms. Broeren confirmed with staff that moving the garage to the north would be in compliance with the visibility code requirements. 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 Mark Coppess, 19632 Roderick Lane, architect, that they could comply with staff's suggested conditions of approval nos. 1.a and 1.b. • COASTAL DEVELOPMENT PERMIT NO. 04-061VARIANCE NO. 03-23/SPECIAL PERMIT NO. 04-01 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING ZA Minutes 05/19/04 5 (04zm0519) 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 Planning Commission 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 one single-family residence in a residential zone. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-06: Coastal Development Permit No. 04-06 to construct a 2,406 sq. ft. three-story single-family dwelling and a 406 sq. ft. attached garage, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program land use designation of RH-30- d-sp (Residential High -Density — 30 units/acre — design overlay — specific plan). 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 single-family dwelling will occur on a site designated for residential use and surrounded by existing 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, with the exception of development standards addressed by the requested variance and special permit. The • project consists of construction of a single-family dwelling — a permitted use in District 2 of the Downtown Specific Plan. In addition, the project complies with the applicable on -site parking requirements, height limits, maximum lot coverage and floor area ratio and other applicable 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 project will be constructed in an urbanized area with direct access from an existing public street and with all necessary services and infrastructure available including water, sewer and electricity. 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 to coastal resources. Dedications for street and alley widening, which will improve public access to coastal resources, have been made a requirement of this project by conditions of approval. In addition, the project is subject to payment of required park fees; to be used for acquiring and maintaining public park land for recreational use. • ZA Minutes 05/19/04 6 (04zm0519) FINDINGS FOR APPROVAL - VARIANCE NO. 03-23: • 1. The granting of Variance No. 03-23 to allow a 22.5 ft. wide lot after required dedications for alley widening, in lieu of the 25 ft. minimum lot width, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The requested variance will provide for construction of one single-family dwelling on a 2,531 square -foot lot (after required dedications for street and alley widening). The proposed development is consistent with the development density standard applicable to the subject property (one dwelling unit per 2,500 square -feet of lot area). Moreover, the subject property, which complies with the minimum lot width standard before required dedication for public alley widening purposes, is made substandard in width only as a result of the required dedication, which in turn is a consequence of its somewhat unique location adjacent to an alley on two sides. • 2. Because of special circumstances applicable to the subject property, including size, shape, location and surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is subject to required dedications for street and alley widening on three sides. The effect of the required dedication is to reduce the width of the subject lot to less than the required minimum. Strict application of the zoning ordinance would render the subject property undevelopable after required dedications; thus depriving the subject property of development rights enjoyed by other properties in the vicinity of identical size and configuration. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. Based on the applicable zoning and General Plan designation, and the existing lot size and dimensions, the subject property is afforded the right to construct one single-family dwelling. The exercise of this substantial property right (development of the subject property for single-family residential use) is contingent upon dedication for public alley widening purposes, which in turn renders the lot width substandard. Consequently, the requested variance to allow a substandard lot width is necessary in order to preserve development rights afforded by the corresponding residential land use designation. 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 requested variance will provide for removal of an existing oil well and for development of an otherwise vacant lot. Oil production facilities are identified in the Coastal Element of the Huntington Beach General Plan as incongruous with the desired visual character of the coastal zone. Moreover, vacant lots generally have a blighting impact on surrounding property. The requested variance will not result in any intensification of development or impacts beyond that which is permitted under the corresponding land use regulations and development standards based on the existing (pre -dedication) lot size and width. 5. The granting of the variance will not adversely affect the General Plan. The proposed development of one dwelling unit on a 2,531 square -foot lot (after required dedications) is consistent with the Land Use Element designation of RH-30-d-sp (Residential High Density ZA Minutes 05/19/04 7 (04zm0519) — 30 units/acre — design overlay — specific plan) on the subject property. In addition, the . proposed project is consistent with the following General Plan policy: LU 9.1 Accommodate the development of single- and multi -family residential units in areas designated by the Land Use Plan Map, as stipulated by the Land Use and Density Schedules. FINDINGS FOR APPROVAL — SPECIAL PERMIT NO 04-01: 1. The granting of Special Permit No. 04-01 (pursuant to Section 4.1.02 of the DTSP) in conjunction with the construction of a single-family dwelling is for the following: ■ To allow a zero side yard setback for an attached garage, in lieu of the required three ft. minimum setback. This Special Permit results in a greater benefit from the project and will promote a better living environment because the variance will allow for construction of a garage providing the minimum parking stall dimensions to meet the requirements for construction of a single- family dwelling. 2. The granting of Special Permit No. 04-01 will provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design. The special permit will allow for construction of single-family dwelling otherwise (excepting the requested variance) designed in accordance with the applicable zoning and General Plan regulations, on a site currently used for oil production, but zoned for • residential use. The Special Permit addresses unique requirements for dedication for street and alley widening on three sides of the subject lot. 3. The granting of Special Permit No. 04-01 will not be detrimental to the general health, welfare, safety, and convenience of the neighborhood or City in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general. The special permit will allow for construction of a garage at zero side yard setback at the rear of the property; adjacent to a garage proposed (under separate permit) on the adjoining property. Consequently, no impacts to privacy will result. Moreover, the proposed garage will provide the required minimum vision clearance for vehicular safety at the intersection of alleys along the side and rear property lines and at the intersection of the driveway to the garage and the alley. 4. The granting of Special Permit No. 04-01 will be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment. The granting of the special permit will allow for development of a single-family dwelling and garage, comparable in size to dwellings existing in the neighborhood, but adapted to the substandard lot width. Moreover, the special permit will allow for development of a single-family dwelling while achieving the objectives of street and alley widening to improve access and circulation in the Downtown district. • ZA Minutes 05/19/04 8 (04zm0519) • 5. The granting of Special Permit No. 04-01 will be consistent with the policies of the Coastal Element of the City's General Plan and the California Coastal Act. The Special Permit also complies with State and Federal Law. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 04-06NARIANCE NO. 03-23/SPECIAL PERMIT NO. 04-01: The site plan, floor plans, and elevations received and dated April 1, 2004 shall be the conceptually approved design with the following modifications: a. The proposed garage shall be constructed at a zero setback from the north property line, in lieu of the south property line. The garage shall maintain a three-foot minimum setback from the south property line. Second floor construction above the garage shall comply with minimum side yard setback requirements. b. The design of proposed dwelling and garage shall be distinguished from the design of the dwelling proposed at 113 Sixth Street by incorporation of the following design modifications: a stone (or other approved/distinct exterior finish) wainscot, or other similar accent treatment shall be applied to the front elevation. In addition, the proposed building color(s), balcony rail, roofing material, garage door, front property line fence and courtyard paving designs/colors/materials shall be appreciably distinguished from that of the dwelling proposed at 113 6th Street. 2. Prior to issuance of building permits a maintenance easement agreement, approved as to form by the City Attorney, shall be recorded between the subject property owner and the ® owner of the adjacent lot to which access is required, which provides for maintenance and repair of the zero setback structure. Said easement shall be an irrevocable covenant running with the land, binding to all future property owners. 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 2:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, MAY 26, 2004 AT 1:30 PM. Ma Beth roeren Zoning Administrator • :rmk ZA Minutes 05/19/04 9 (04zm0519)