HomeMy WebLinkAbout2005-06-15•
0
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, JUNE 15, 2005 - 1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Paul Da Veiga, Rami Talleh, Ron Santos,
Ramona Kohlmann (recording secretary)
MINUTES: April 20, 2005
May 11, 2005
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 05-12 (REED — ADDITION AND
REMODEL)
APPLICANT/
PROPERTY OWNER: Robert Reed, 7573 Slater Avenue, Unit J, Huntington Beach, CA
92647
REQUEST: To permit a 90 sq. ft. addition to the first floor and a new 2,930
sq. ft. second story to an existing 2,525 sq. ft. one-story single-
family residence with a maximum building height of 30 feet. The
request also includes a new four -car garage. 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: 3322 Easter Circle (terminus of Easter Circle, east of Channel
Lane)
PROJECT PLANNER: Paul Da Veiga
Paul Da Veiga, 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 Infill Lot Ordinance is applicable and that none of the proposed windows
will align with adjacent neighboring windows.
Mary Beth Broeren, Zoning Administrator, asked if correspondence has been received from
the homeowner's association. Staff stated that a letter of approval has been received. 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.
Ms. Broeren confirmed with the applicant that they agree to the suggested condition of
approval maximizing landscaping.
COASTAL DEVELOPMENT PERMIT NO. 05-12 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
(CEQA) pursuant to section 15303 of the CEQA Guidelines, because the project consists of an
addition to an existing single-family residence in a residential zone.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-12: •
Coastal Development Permit No. 05-09 to permit a 90 sq. ft. addition to the first floor and a
new 2,930 sq. ft. second story to an existing 2,525 sq. ft. one-story single-family residence
with a maximum building height of 30 feet, as modified by conditions of approval 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, maximum lot 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 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 or impact public
G:\ZONING ADMI N ISTRATOR\ZAMI N\05\05zm0615. DOC 2 (05zm0615)
views to coastal resources. 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.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-12:
The site plan, floor plans, and elevations received and dated May 4, 2005, shall be the
conceptually approved design with the following modification:
a. Landscaping shall be provided in the front portion of the lot to the maximum extent
possible. The remainder of the front setback that cannot be landscaped shall be
provided with decorative paving.
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: COASTAL DEVELOPMENT PERMIT NO. 05-11/CONDITIONAL USE PERMIT
NO. 05-07 (RAUH WALL)
APPLICANT:
Robert Reed, 7573 Slater Avenue, Unit J, Huntington Beach, CA
92647
PROPERTY OWNER:
Ross Rauh, 16822 Bay View Drive, Huntington Beach, CA 92649
REQUEST:
To permit an existing three (3) ft. tall wood lattice extension on
top of an existing three (3) ft. tall block wall for an overall height
of six (6) ft. in lieu of the maximum 42 inches permitted within the
15 ft. front yard setback.
LOCATION:
16822 Bay View Drive (east side of Bayview Drive, south of
Broadway)
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 stated that the request is a result of a complaint received by Code
Enforcement.
Staff stated that one telephone call was received from a property owner to the north of the
subject site inquiring into the nature of the project. No other written or verbal comments were
received in response to the public notification.
GAZONING ADMI N I STRATOR\ZAMI N\05\05zm0615. DOC 3 (05zm0615)
Mary Beth Broeren, Zoning Administrator, confirmed with staff that the request is based upon
liability and security reasons. 0
THE PUBLIC HEARING WAS OPENED.
Dean Garland, 16772 Broadway, neighboring property owner, stated that he initiated the Code
Enforcement complaint. Mr. Garland voiced opposition to the proposed project and stated that
a prescriptive easement precludes the proposed fence extension.
Robert Reed, 7573 Slater Avenue, Unit J, applicant, spoke on behalf of the proposed project,
presented an overview of the history of the newly replaced electrical panel, and urged the
Zoning Administrator's approval.
Tom Burke, 16835 Bay View Drive, neighboring property owner, voiced concern regarding the
trash containers and suggested a condition requiring removal of the trash container.
Ross Rauh, 16822 Bay View Drive, property owner, presented photographs and information
concerning the electric meter, trash containers, the lattice, and parking area. Mr. Rauh urged
the Zoning Administrator's approval.
Ms. Broeren engaged in discussions with Mr. Rauh concerning trespass problems onto his
property and access to the electric panel. She confirmed with the applicant that the electric
panel is compliant with the Building and Safety Department.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED. is
Ms. Broeren offered suggestions that could be amenable to Mr. Rauh and Mr. Garland stating
encouragement that they resolve existing issues between them without having to incur legal
costs. She stated that the proposed project is an aesthetic improvement.
COASTAL DEVELOPMENT PERMIT NO. 05-11/CONDITIONAL USE PERMIT NO. 05-07
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) 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
minor alterations to a developed residential property involving no expansion of use beyond that
existing at the time of the lead agency's determination.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-11:
1. Coastal Development Permit No. 05-11 to permit an existing three ft. tall wood lattice
extension on top of an existing three ft. tall block wall for an overall height of six ft, as
GAZONING ADMIN►STRATOR\ZAMIN\05\05zm0615.DOC 4 (05zm0615)
• proposed, conforms with the General Plan, including the Local Coastal Program. The
proposed three foot tall lattice extension is located along the side property line at a four
foot setback from the front property line. The proposed wall extension will not negatively
impact any public views or access to coastal amenities since there are none existing at the
subject site.
•
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 Zoning Code
allows a deviation from the standards for height of walls within a required setback subject
to the approval of a Conditional Use Permit.
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. All necessary infrastructure is
currently in place.
4. The development conforms with the public access and public recreation policies of Chapter
3 of the California Coastal Act. The development will not adversely impact public views or
public access in that no public access or recreation space exists on the subject site.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 05-07:
1. Conditional Use Permit No. 05-07 to permit an existing three ft. tall wood lattice extension
on top of an existing three ft. tall block wall for an overall height of six 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 wood
fence extension is proposed along the westerly side property line. The adjacent multi -family
development to the west is provided with a 2'-6" side yard setback. The proposed wood
fence extension is located entirely on the subject site and preserves the adjacent
structure's existing 2'-6" side yard. The wood fence extension is also provided with a
greater front yard setback than the adjacent structure. In addition, the proposed fence
extension complies with applicable code requirements for visibility at driveway and street
intersections.
2. The conditional use permit will be compatible with surrounding uses because the proposed
fence extension is constructed with similar materials, height, and setback to that of other
fences existing within the neighborhood.
3. The proposed Conditional Use Permit No. 05-07 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 Zoning Code allows for a deviation from the height
requirements within the required setback area with the 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
GAZONING ADMINISTRATOR\ZAMIN\05\05zm0615.DOC 5 (05zm0615)
subject property. In addition, it is consistent with the following goals and policies of the
General Plan: 0
a. Avoid building materials, colors, and construction elements that visually dominate their
setting and contrast significantly with the character of the neighborhood. (LU 9.1.2.b)
b. Include an adequate landscape setback along the street frontage that is integrated with
abutting sidewalks and provides continuity throughout the neighborhood. (LU 9.2.1.e)
The wood fence extension is proposed on an existing block wall located along the side
property line. The extension is constructed of wood lattice, which maintains a certain
degree of visibility through the fence so as not to visually dominate the setting or contrast
with the character of the neighborhood. Furthermore, the applicant proposes six potted
trees adjacent to the proposed fence extension to enhance the appearance of the fence.
CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT
NO. 05-11/CONDITIONAL USE PERMIT NO. 05-07:
1. The site plan and elevations received and dated March 30, 2005, shall be the conceptually
approved design.
2. Within 30 days of approval of Coastal Development Permit No. 05-11 and Conditional Use
Permit No. 05-07, building permits shall be obtained for the three foot tall wood fence
extension on top of the three foot tall block wall installed without permits or shall be
removed. •
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 3• TENTATIVE PARCEL MAP NO. 2005-122 (HARTFORD AVENUE LOT SPLIT)
APPLICANT/
PROPERTY OWNER: Dewey David, Emily Rose Properties, Inc., P.O. Box 911,
Huntington Beach, CA 92648
REQUEST: To permit the subdivision of one 7,725 sq. ft. lot into two 3,862
sq. ft. lots (31 ft. by 127 ft.) after required dedication for alley
widening.
LOCATION: 615 Hartford Avenue, Huntington Beach (north side of Hartford
Avenue, east of Delaware Street)
PROJECT PLANNER: Ron Santos •
G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0615.DOC 6 (05zm0615)
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.
Staff recommended approval of the request based upon the suggested findings and subject to
the suggested conditions as outlined in the executive summary.
THE PUBLIC HEARING WAS OPENED.
Bunnie Foxcroft, 619 Geneva Avenue, neighboring property owner, voiced opposition and
asked what the actual dimensions would be for the proposed lots.
Robert Bauerlein, 619 Hartford Avenue, neighboring property owner, voiced opposition to the
proposed project. Mr. Bauerlein stated that they had numerous letters from neighboring
property owners expressing concern that the proposed project would change the historical
character of the neighborhood. He submitted a letter stating his opposition.
Debra Putnam, 618 Hartford Avenue, neighboring property owner, voiced opposition to the
proposed project stating'that their life style would be infringed upon.
One of the co -applicant's, referenced the City's Master Plan and spoke on behalf of the
proposed project.
Lisa Carden, 635 Hartford Avenue, read a letter on behalf of her mother, a neighboring
property owner, in opposition to the proposed project. Ms. Carden's major concerns were
intrusion upon the existing character of the neighborhood.
Anne Visessung, 619 Hartford Avenue, neighboring property owner, spoke in opposition to the
proposed project. Ms. Visessung's major concerns were changes to the historical nature of the
neighborhood. She presented a letter to the Zoning Administrator.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mary Beth Broeren, Zoning Administrator, explained the designated zoning for the subject site
and advised that the applicant is not requesting a zoning change. She stated that the current
zoning and the City's General Plan permit what is being proposed and that a parcel map is
required.
Ms. Broeren stated that the majority of requests for a parcel map are not an issue. She stated
that no telephone calls opposing the subject request were received and a controversy was not
expected. Ms. Broeren stated that she was going to continue the request for one week in
order to allow time for her to visit the subject site.
The applicant acknowledged availability of a representative to attend the next meeting.
TENTATIVE PARCEL MAP NO. 2005-122 WAS CONTINUED TO THE JUNE 22, 2005,
MEETING WITH THE PUBLIC HEARING CLOSED.
G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0615.DOC 7 (05zm0615)
•
THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, JUNE 22, 2005 AT 1:30 PM.
Ma Bet Broeren
Zoning Administrator
:rmk
•
G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0615.DOC 8 (05zm0615)