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HomeMy WebLinkAbout2004-06-16• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 16, 2004 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 04-03 (LONG RESIDENCE) APPLICANT: Precision Home Design, Mark Coppess, 19632 Rodenick Lane, Huntington Beach, CA 92646 • PROPERTY OWNER: Steve and Michelle Long, 17065 Edgewater Lane, Huntington Beach, CA 92649 REQUEST: To permit the demolition and reconstruction of an existing two-story single-family dwelling. The reconstruction consists of 988 sq. ft. of first floor area and 2,382 sq. ft. of second floor area. The dwelling will have an overall building height of approximately 28 ft. - 10 in. The 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: 17065 Edgewater Lane (south side of Edgewater Lane, north of Warner Avenue) PROJECT PLANNER: Jason Kelley Jason Kelley, Staff Planner, displayed project plans and stated the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. One telephone call was received from an adjacent neighbor with questions of a general nature. Mary Beth Broeren, Zoning Administrator, reviewed the project plans. Discussion ensued with Ms. Broeren and members of the staff concerning the intent of the Infill Ordinance with respect to the removal of the balcony door and replacement with a window as suggested by staff in the suggested condition of approval. 0 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 the applicant their agreement to staff's suggested condition of approval. Ms. Broeren asked staff to modify the suggested conditions of approval as follows: The site plan, floor plans, and elevations received and dated May 24, 2004 shall be the conceptually approved design, except the balcony door in the master bathroom shall be replaced with a .fixed window or equivalent. COASTAL DEVELOPMENT PERMIT NO. 04-03 WAS 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 section 15301 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. 04-03: Coastal Development Permit No. 04-03 to demolish and reconstruct an existing two-story single-family dwelling consisting of 988 sq. ft. of first floor area and 2,382 sq. ft. of second floor area with an overall building height of approximately 28 ft. - 10 in. conforms with the General Plan, including the Local Coastal Program. The project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage development within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed construction will occur on a previously developed site, contiguous to existing residential development. • ZA Minutes 06/16/04 2 (04zm0616) • 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 addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 04-03: The site plan, floor plans, and elevations received and dated May 24, 2004 shall be the conceptually approved design, except the balcony door in the master bathroom shall be replaced with a fixed window or equivalent. 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 2• CONDITIONAL USE PERMIT NO. 04-11 (GASKINS ADDITION) APPLICANT: Jay Earl, 16541 Marina Circle, Huntington Beach, CA 92649 PROPERTY OWNER: Dave and Junette Gaskins, 5002 Partridge Circle, Huntington Beach, CA 92649 REQUEST: To permit an addition to an existing one-story single family dwelling with a non -conforming exterior street side setback of 7 ft. 4 in. in -lieu of the code required 10 ft. The proposal consists of the conversion of the existing two -car garage to living space, the addition of a new two -car garage, and the addition of approximately 166 sq. ft. of living space. LOCATION: 5002 Partridge Circle (south side of Partridge Circle, west of Pelican Lane) ® PROJECT PLANNER: Rami Talleh ZA Minutes 06/16/04 3 (04=0616) Rami Talleh, Staff Planner, displayed project plans and stated the purpose, location, zoning, • and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Staff stated that no written or verbal comments were received in response to the public notification. THE PUBLIC HEARING WAS OPENED. Junette Gaskins, 5002 Partridge Circle, spoke on behalf of the proposed project, addressed suggested conditions of approval numbers 1 and 2, and stated that the patio enclosure existed at the time that the home was purchased. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the subject site is located within the Community Noise Level Corridor (CNEL). Staff further advised that the encroachment into the setback necessitates the conditioned noise study. Discussion ensued concerning the existing City policy requiring the noise study and Ms. Broeren explained the rationale for the code. Ms. Broeren stated that she was going to approve the request and asked staff to research whether or not a permit was issued for the existing patio enclosure. She further asked staff to is modify the suggested findings and conditions for approval as follows: Findings for Approval: 1. Conditional Use Permit No. 04-11 to living spaGe, the addition of a new tWG GaF garage, and the addition of approximately 166 sq. ft. of living space at a non -conforming exterior street side yard setback of 7 ft. 4 in. an 1ieuin-lieu of the code required 10 ft. street side yard 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 addition matches an existing nonconforming street side yard setback, which abuts Bolsa Chica Street, an arterial street. The proposed addition will not impact any adjacent residences. Furthermore the project will be conditioned to submit a noise study to ensure that the subject residence will not be impacted from noise generated from Bolsa Chica Street. 3. The proposed if the exiStiRg tWG GaF garage to living spaGe, the addition of a new tWG Gar ga, age, and the addition of approximately 166 sq. ft. of floor area at a non- conforming exterior street side yard setback of 7 ft. 4 in. in -lieu of the code required 10 ft. street side yard setback 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, and lot coverage) except for the proposed street side yard setback, which matches the existing nonconforming street side • ZA Minutes 06/16/04 4 (04zm0616) 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. 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. 04-11 accounts for the subject property's existing non- conforming street side yard setback by allowing the proposed expansion to be constructed at a matching setba k; th„inimiinn nnnStF IGtinn GOStS while all.v.,��T4gsetback, which allows 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 addition remains a single story and is oriented toward the abutting exterior side yard of the subject site. Conditions of Approval: 2. Prior to submittal for building permits, a noise study or its equivalent shall be prepared and submitted to the Planning Department. The study shall include the requirements identified in Processing Procedure No. 51(R) and identify measures necessary to reduce decibel reading in any habitable room to a maximum of 45 db. Such measures shall be incorporated in the project design and reflected in the project plans. 3. Prior to issuance of building permits, building permits shall be obtained for the patio enclosure installed without permits or shall be removed within 60 days from effective date of this approval, unless approvals/permits are in evidence. CONDITIONAL USE PERMIT NO. 04-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. 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 40 involves negligible or no expansion of an existing use. ZA Minutes 06/16/04 5 (04zm0616) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-11: 0 Conditional Use Permit No. 04-11 to permit the addition of approximately 166 sq. ft. of living space at a non -conforming exterior street side yard setback of 7 ft. 4 in. in -lieu of the code required 10 ft. street side yard 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 addition matches an existing nonconforming street side yard setback, which abuts Bolsa Chica Street, an arterial street. The proposed addition will not impact any adjacent residences. Furthermore the project will be conditioned to submit a noise study to ensure that the subject residence will not be impacted from noise generated from Bolsa Chica Street. 2. The conditional use permit will be compatible with surrounding uses because the project consists of an addition to a single-family home at an existing nonconforming street side yard setback. The 2 ft. 8 in. encroachment into the street side yard setback will not be visible from within the residential tract in that the residence's exterior side yard faces an arterial street, which is separated from the tract by a 6 ft. high perimeter block wall. In addition, the height of the addition will be 13 ft., which is comparable to the height of other dwellings in the vicinity. 3. The proposed addition of approximately 166 sq. ft. of floor area at a non -conforming exterior street side yard setback of 7 ft. 4 in. in -lieu of the code required 10 ft. street side yard setback 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, and lot coverage) except for the proposed street side yard setback, which matches the existing nonconforming street side 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. 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. 04-11 accounts for the subject property's existing non -conforming street side yard setback by allowing the proposed expansion to be constructed at a matching setback, which allows 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 addition remains a single story and is oriented toward the abutting exterior side yard of the subject site. • ZA Minutes 06/16/04 6 (04zm0616) 0 CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-11: 1. The site plan, floor plans, and elevations received and dated April 23, 2004 shall be the conceptually approved design except that the side entry garage shall be setback a minimum of 10 ft. from the front property line. 2. Prior to submittal for building permits, a noise study or its equivalent shall be prepared and submitted to the Planning Department. The study shall include the requirements identified in Processing Procedure No. 51(R) and identify measures necessary to reduce decibel reading in any habitable room to a maximum of 45 db. Such measures shall be incorporated in the project design and reflected in the project plans. 3. Prior to issuance of building permits, building permits shall be obtained for the patio enclosure installed without permits or shall be removed within 60 days from effective date of this approval, unless approvals/permits are in evidence. 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 is and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ITEM 3: COASTAL DEVELOPMENT PERMIT NO. 04-04 (BARRETT RESIDENCE) APPLICANT: Robert Reed, 528 141" Street, Huntington Beach, CA 92648 PROPERTY OWNER: Brett Barrett, 21828 Ticonderoga Lane, Lake Forest, CA 92630 REQUEST: To permit the partial reconstruction of an existing one-story single-family dwelling. The reconstruction consists of the re- orientation of the side entry garage to a front entry garage and the addition of a new second story consisting of 2,449 sq. ft. of floor area. The dwelling will have an overall building height of approximately 27 ft. The 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: 16832 Baruna Lane (west side of Baruna Lane, north of Davenport Drive) ® PROJECT PLANNER: Rami Talleh ZA Minutes 06/16/04 7 (04zm0616) 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 adjacent property owner to the south of the subject site telephoned and met with staff to review the project plans. Staff stated that the property owner stated that the plans incorrectly depict the alignment of his window and the proposed second -story window. Staff stated that the proposed project is subject to the Infill Lot Ordinance and suggested that the second -story window facing onto the adjacent property be placed higher than proposed on the project plans due to the alignment of the windows. Mary Beth Broeren, Zoning Administrator, asked staff what the use of the second -story window would be and if a block wall existed. Staff stated that the use would be a hallway and confirmed that a block wall does exist between the two properties. THE PUBLIC HEARING WAS OPENED. Robert Reed, 528 14th Street, applicant, addressed the suggested condition of approval. Mr. Reed opposed a condition that the second -story window be raised but asked that the option remain open. He also addressed the conditions suggested by the Public Works and Fire departments. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. • Ms. Broeren engaged in discussions with staff concerning circumstances that would allow the site coverage to exceed 50 percent as set forth by code. Ms. Broeren stated that a condition would not be imposed requiring the height of the second -story window to be raised because the window allows views from a hallway only and is too far from the adjacent property to present a privacy issue. She stated that the ordinance does not speak to every condition and that reasonable judgment should be applied in interpreting the Infill Ordinance. Ms. Broeren advised the applicant that, if during the plan check process, they wish to change the second -story window to address concerns of the neighbor, that option would be open to them. COASTAL DEVELOPMENT PERMIT NO. 04-04 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 ZA Minutes 06/16/04 8 (04zm0616) ® (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. Is FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 04-04 Coastal Development Permit No. 04-04 to permit the partial reconstruction of an existing one-story single-family dwelling consisting of the re -orientation of the side entry garage to a front entry garage and the addition of a new second story consisting of 2,449 sq. ft. of floor area at an overall building height of approximately 27 ft., as conditioned, 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. The project, as conditioned, complies with all applicable development regulations, including maximum building height, minimum yard setbacks, 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 addition will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO. 04-04: The site plan, floor plans, and elevations received and dated April 29, 2004 shall be the conceptually approved design except that the window located on the first floor garage hallway shall be offset from the first floor window on the adjacent residence to the north. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ZA Minutes 06/16/04 9 (04zm0616) THE MEETING WAS ADJOURNED AT 2:10 PM BY THE ZONING ADMINISTRATOR TO THE • NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 23, 2004 AT 1:30 PM. Mary B th Br eren Zoning Administrator rmk is ZA Minutes 06/16/04 10 (04zm0616)