HomeMy WebLinkAbout2005-01-12® MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JANUARY 12, 2005 - 1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland, Acting
STAFF MEMBER: Paul Da Veiga, Ron Santos, Ramona Kohlmann
(recording secretary)
MINUTES: NONE
ORAL COMMUNICATION: NONE
ITEM 1: CONDITIONAL USE PERMIT NO. 04-27 (MENALDI RESIDENCE — CONTINUED
FROM THE DECEMBER 22,
2004, MEETING WITH THE PUBLIC HEARING OPEN)
APPLICANT:
Art Kent, 325 2nd Street, Huntington Beach, CA 92648
• PROPERTY OWNER:
Domenic Menaldi, 9001 Bermuda Drive, Huntington Beach, CA
92646
REQUEST:
To permit the construction of a 110 square foot rooftop deck
above the second story top plate line in conjunction with an
existing 4,532 square foot, two-story single-family residence.
LOCATION:
9001 Bermuda Drive (northeast corner of Magnolia Street and
Bermuda Drive)
PROJECT PLANNER:
Paul Da Veiga
Paul Da Veiga, Staff Planner, displayed project plans and photographs and stated the
purpose, location, zoning, and existing uses of the requested project. Staff stated that at the
December 22, 2004, meeting the Zoning Administrator expressed concern for the potential that
the roof deck could be used for recreational purposes in the future, should the solar energy
equipment be removed. Staff stated that the Zoning Administrator continued the item in order
to allow the applicant time to revise and resubmit plan. Staff stated that the item was
re -advertised as a proposed rooftop deck in lieu of a mechanical equipment deck.
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 the exterior
and siding of the proposed rooftop deck is consistent with the existing residence.
Herb Fauland, Acting Zoning Administrator, stated that he spoke with Mary Beth Broeren,
Zoning Administrator, concerning issues surrounding the proposed project as raised during the
December 22, 2004, meeting. Mr. Fauland stated that he has reviewed the project plans and
• that he would take action on the proposed project today.
Mr. Fauland and staff engaged in a discussion concerning suggested Condition of Approval
No. 3. Staff advised that access to the deck is shown in the conceptual plans but not in the
plans for submittal to the Building Department.
THE PUBLIC HEARING WAS CONTINUED OPEN.
Mike Adams, P.O. Box 382, Huntington Beach, representing the applicant, stated that the
plans have been submitted to the Building Department and are consistent with the
requirements of the conditional use permit.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO. 04-27 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 a
negligible expansion to an existing single family home. •
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 04-27:
Conditional Use Permit No. 04-27 for the establishment, maintenance and operation of a
110 square foot rooftop deck above the second story top plate line in conjunction with an
existing 4,532 square foot, two-story single-family residence 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 deck has been designed
to be architecturally consistent with the remainder of the house and complies with the
minimum setback of five feet from the exterior walls of the existing residence.
2. The conditional use permit will be compatible with surrounding uses consisting of
single-family homes because the proposed deck is within the height and setback limitations
identified in the zoning code. In addition the parapet walls around the deck will incorporate
the same horizontal siding as the rest of the house, which will be compatible with
surrounding residences.
3. The proposed 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.
The proposal complies with the applicable development standards (building height, front
and side setbacks, and lot coverage).
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
ZA Minutes 01 A 2/05 2 (05=0112)
• 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.
The proposed rooftop deck will be designed and constructed to be consistent with the
character of the neighborhood and compatible with the adjacent single-family homes. The
deck will be constructed with high quality materials such as horizontal wood siding and
waterproof decking materials. The use of horizontal siding will minimize the bulk of
structure by creating a visual connection between the deck and the house. In addition, the
deck will be setback a minimum of five (5) feet from the exterior walls of the house in
compliance with the zoning code.
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 04-27:
The site plan, floor plans, and elevations received and dated August 20, 2004, shall be the
conceptually approved design.
2. The applicant and/or applicant's representative shall be responsible for ensuring the
accuracy of all plans and information submitted to the City for review and approval.
3. Prior to submittal for building permits, the final design shall be submitted for review and
approval by the Planning Department and determined consistent with this conditional use
permit.
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 1:35 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, JANUARY 19, 2005 AT 1:30 PM.
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Herb Fauland, Acting
Zoning Administrator
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