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HomeMy WebLinkAbout2004-06-230 • • MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 23, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-51 (CLEVELY ADDITION) APPLICANT/ PROPERTY OWNER: Alise Clevely, 9151 Bermuda Drive, Huntington Beach, CA 92646 REQUEST: To permit the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 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: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street) 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. Mary Beth Broeren, Zoning Administrator, reviewed the plans and confirmed with staff the location of the third -story deck and balcony. Ms. Broeren confirmed with staff that the bonus room is not an actual mezzanine. THE PUBLIC HEARING WAS OPENED. Richard Loy, 9062 Kahului Drive, neighboring property owner, stated that he adamantly opposes the proposed project because of the proposed height, square footage, height of a proposed fireplace, and precedent setting. Mr. Loy presented section 230.22 of the Residential Infill Lot Ordinance and stated that the proposed project is in violation of the Infill Ordinance. Mr. Loy presented a letter from a neighboring property owner stating opposition to the proposed project. Mr. Loy objected to the Zoning Administrator meeting being scheduled in the afternoon and stated that not all of the residents received proper notification. He presented an exhibit of pictures of the existing structure. Jim Gill, 21691 Bahama Lane, neighboring property owner, spoke in opposition to the proposed project. Mr. Gill stated his support of Mr. Loy's aforementioned statements. Mr. Gill asked if the City reviewed the CC&Rs for the subject tract and questioned the City's public notification process. Richard Broderick, 21692 Bahama Lane, neighboring property owner, stated support of the abovementioned objections to the proposed project. Chris Clevely, 9151 Bermuda Drive, property owner, addressed the abovementioned concerns emphasizing that the third -story addition would be concealed within the existing second -story roofline. Mr. Clevely stated that he sought approval from immediate neighboring property owners. James Garrison, 21682 Bahama Lane, neighboring property owner, voiced concern that a precedent would be set. Mr. Garrison stated that if his neighbor built a third -story dwelling, his property would be overshadowed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren explained the notification process as required by State law. She advised that enforcement of CC&Rs is the responsibility of the homeowner's association and are not enforced by the City. She stated that the City's governing rules are dictated by the City's zoning regulations. Ms. Broeren explained in detail the requirements of the City's Zoning and Subdivision Ordinance as well as the City's General Plan. Ms. Broeren asked staff to present a review of the Infill Lot Ordinance and to advise those present how the proposed project meets the requirements of the Ordinance. Lengthy discussion ensued concerning the Infill Lot Ordinance and staff's analysis relative to the proposed project. Ms. Broeren addressed the concerns related to precedent setting and advised that each entitlement is evaluated on its own merits when presented to the Zoning Administrator or Planning Commission. • ZA Minutes 06/23/04 2 (04zm0623) • Ms. Broeren and Mr. Clevely engaged in a discussion concerning the location of the neighboring property owners who have expressed their support of the proposed project. Mr. Clevely advised that the home located behind his is approximately the same height as that which is being requested. In response to comments, Ms. Broeren stated that it is presumed that the property owner accurately represented that the neighboring property owners support the project. Ms. Broeren stated that a number of similar entitlements have been before the Zoning Administrator. She stated that the proposed upgrade is consist with what is being built today and that the project is allowed by City code; although the code is restrictive. Ms. Broeren asked the members of the public if they have reviewed the proposed project's elevations. One affirmative response was received. Ms. Broeren and staff further reviewed the project plans and lengthy discussions ensued. Ms. Broeren stated that the proposed project is consistent with the Infill Lot Ordinance and the City's intent in allowing a third story. She stated that the elevations drawings depict a home with a two-story appearance and she presented further explanations. Ms. Broeren stated that she was going to approve the request and asked staff to modify the suggested findings for approval as follows: 1. Conditional Use Permit No. 03-51 for theexpansion of the existing -first and construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling with an overall height of 35 ft. 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 dwelling well he GenStFUGted in a single family residential neighborhood pFederninantly developed with two step, homes Of romnarable height and design quality. The third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelli . The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows. Furthermore, the third story addition is similar in design, materials, height, size and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designs have been constructed within the neighborhood. Furthermore, the third story deck is setback five feet from the building exterior and is located below the highest point of the second story roof. ZA Minutes 06/23/04 3 (04=0623) CONDITIONAL USE PERMIT NO. 03-51 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 resulting in an increase in floor area of more than 50 percent to an existing single- family dwelling. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: Conditional Use Permit No. 03-51 for the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling with an overall height of 35 ft. 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 third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from the adjacent residences to preserve their privacy. • The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows. Furthermore, the third story addition is similar in design, materials, and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designs have been constructed within the neighborhood. Furthermore, the third story deck is setback five feet from the building exterior and is located below the highest point of the second story roof. 3. The proposed conditional use permit 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, including parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third -story design criteria. r� L ZA Minutes 06/23/04 4 (04zm0623) ,7 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 (Residential Low Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1 c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with a conditional use permit. The proposed third -story and third -story deck will be setback from the first and second -story fagade as required by the HBZSO, thus minimizing the building massing, and is designed in compliance with the City's third -story design standards. No third - story windows or deck areas are oriented toward adjoining properties. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. The site plan, floor plans, and elevations received and dated May 20, 2004, shall be the conceptually approved design with the following modifications: a. The elevations shall be revised to depict a dimension line measuring the height of the structure from top of curb to the highest point of the structure. The height of the structure shall not exceed 35 ft. 0 in. b. The floor plans shall be revised to depict the interior dimensions of the existing garage. The minimum interior dimensions shall be 18 ft. by 19 ft. 2. Prior to submittal for building permits, 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. 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 06/23/04 5 (04zm0623) ITEM 2: CONDITIONAL USE PERMIT NO. 04-08 (DOEZIE APARTMENT GATES) 0 APPLICANT/ PROPERTY OWNER: Robert Doezie, 606 South Bayfront, Newport Beach, CA 92662 REQUEST: To permit the construction of a six-ft. tall sliding electric gate, at each of two driveways providing access to covered parking areas serving existing apartment buildings, at setbacks of 10-ft. 9-in. and 11-ft. 3-in. from the front property line. LOCATION: 5592-5602 and 5612 Fernhill Circle (at terminus of Fernhill Circle cul-de-sac, east of Graham Street, south of Heil 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 presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff stated that an error in the executive summary exists and that the property is zoned RMH (Medium High Density Residential) and not RL (Low Density Residential). 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. • THE PUBLIC HEARING WAS OPENED. Robert and Sandy Doezie, 606 South Bayfront, Newport Beach, CA, applicant, approached with pictures stating that they have redesigned the gates to comply with the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 04-08 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 15303 of the CEQA Guidelines, because the project consists of construction of a minor accessory structure. • ZA Minutes 06/23/04 6 (04zm0623) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-08: 1. Conditional Use Permit No. 04-08 to permit the construction of a six-ft. tall sliding electric gate, at each of two driveways providing access to covered parking areas serving existing apartment buildings, at setbacks of 10-ft. 9-in. and 11-ft. 3-in. from the front property line, 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 subject property is located at the terminus of a cul-de-sac where minimal traffic is experienced. Moreover, the electric gates will be operated by hand-held remote controls issued to each resident of the associated apartment complex. Consequently, the proposed gates will not result in impacts to traffic circulation along the subject property's street frontage. 2. The conditional use permit will be compatible with surrounding uses because the proposed gates comply with the height and setback requirements applicable in the zone, and are subject to conditions of approval requiring a decorative design and the planting of additional landscaping within the front setback in order to partially screen the proposed gate mechanical equipment and the gates themselves when in the open position. 3. The proposed conditional use permit 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 proposed gates comply with the minimum front setback requirements/ • height limits applicable in the RMH zone. The Zoning and Subdivision Ordinance authorizes privacy gates with a conditional use permit, when proposed in conjunction with a driveway providing less than 20 linear feet for vehicle queuing. 0 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 RMH-25 (Residential Medium -High Density — 25 units/acre) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 4.1.1: Require that an appropriate landscape plan be submitted and implemented for development projects subject to discretionary review. The proposed project is subject to conditions of approval requiring additional landscaping as necessary to appropriately screen mechanical equipment (electric motors) associated with the proposed gates. LU 9.2.1 Require that driveways be located to ensure the smooth and efficient flow of vehicles, bicycles and pedestrians. The location of the subject property at the terminus of a residential cul-de-sac ensures that the proposed gates will not interfere with the smooth and efficient flow of vehicles, bicycles and pedestrians. ZA Minutes 06/23/04 7 (04zm0623) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-08: 0 The site plan, floor plans, and elevations received and dated April 29, 2004 shall be the conceptually approved design with the following modifications: a. The gates shall be redesigned to include additional decorative features and to eliminate the spikes at the top of the gates. The final design shall be subject to review and approval by the Planning Department. b. Additional shrubs/hedges shall be planted in the areas adjacent to the gates when in the open position. The final design shall be subject to review and approval 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 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. 0 THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 30, 2004 AT 1:30 PM. Ma Be�Broe�ren Zoning Administrator rmk • ZA Minutes 06/23/04 8 (04zm0623)