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HomeMy WebLinkAbout2005-07-13• MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 13, 2005 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jason Kelley, Rami Talley, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: May 25, 2005 June 15, 2005 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 05-10 (MESSIHA REMODEL) APPLICANT: ® Karen Otis, Otis Architecture, 16871 Sea Witch Lane, Huntington Beach, CA 92649 PROPERTY OWNER: Sam Messiha, 3352 Bounty Circle, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 3,100 sq. ft. second -story addition and a 206 sq. ft. first floor addition to an existing one-story single family residence. 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: 3352 Bounty Circle (southeast side of Bounty Circle north of Admiralty Drive) 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. No written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the homeowner's association has reviewed and approved the proposed project. 0 • THE PUBLIC HEARING WAS OPENED. Chris Mosier, 3342 Bounty Circle, neighboring property owner, spoke in opposition to the proposed project. Ms. Mosier's major concerns were loss of view of the waterway, too large a structure for the neighborhood, inadequate parking during construction due to the configuration of the cul-de-sac, and depreciation in property value. She presented a letter urging the Zoning Administrator's denial. Karen Otis, Otis Architecture, 16871 Sea Witch Lane, architect, approached the plans and spoke on behalf of the proposed project. Ms. Otis stated that the windows are not in direct line to the neighboring property owner. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that the proposed project is in compliance with the Infill Lot Ordinance. Discussion ensued concerning the second -story window locations and uses. Ms. Broeren stated that any private view of water is not protected and that the harbor in general is seeing larger homes. Ms. Broeren stated that should construction parking become an issue for the neighboring property owner, a telephone call can be placed to the City to issue a complaint. She stated that construction has been done on cul-de-sacs throughout the harbor area. • Ms. Broeren stated that the second -story primary window is not open to neighboring properties and that the bedroom window is regulated per Building requirements. She stated that the windows are setback from the home and that the request is not inconsistent with what is being done in the harbor. COASTAL DEVELOPMENT PERMIT NO. 05-10 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. 05-10: 1. Coastal Development Permit No. 05-10 to permit a 3,100 sq. ft. second -story addition and a 206 sq. ft. first floor addition to an existing one-story single-family residence, conforms with the General Plan, including the Local Coastal Program land use designation of G:\ZONING ADMINISTRATOR\ZAMIN\05\05zm0713.DOC 2 (05zm0713) • 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 proposed, 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 addition will be constructed on an existing 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. In addition, the project is subject to payment of required park fees, to be used for acquiring and maintaining public parkland for recreational use. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-10: 1. The site plan, floor plans, and elevations received and dated June 27, 2005 shall be the is conceptually approved design. 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. GAZONING ADM INISTRATOR\ZAMIN\05\05zm0713.DOC 3 (05zm0713) ITEM 2• COASTAL DEVELOPMENT PERMIT NO. 05-14 (DO RESIDENCE) APPLICANT: Hieu Phan, 61 Freeland, Irvine, CA 92602 PROPERTY OWNER: Liem H. Do, 8231 Westminster Boulevard, Westminster, CA 92683 REQUEST: To permit the construction of a 5,577 sq. ft. two-story single-family dwelling with an attached three -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: 16291 Typhoon Lane (north side of Typhoon Lane, east of Venture 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 stated that the proposed project is subject to the Infill Lot Ordinance and the window offsets comply with the Ordinance. Staff recommended modifying Suggested Condition of Approval No. 1.a as follows: 1.a A minimum of 40% of the front yard k425L434 sq.) shall be landscaped. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary and with the modification as recommended above. Staff stated that no written or verbal comments were received in response to the public notification. Mary Beth Broeren, Zoning Administrator, confirmed with staff that the homeowner's association has reviewed and approved the proposed project and that the applicant and property owner have agreed to the front -yard setback requirements. THE PUBLIC HEARING WAS OPENED. Hieu Phan, 61 Freeland, Irvine, applicant, stated that they are pleased with the thoroughness of the staff planner, Rami Talleh, and his clearness in explaining the requirements. Ms. Broeren engaged in discussions with the applicant concerning the front yard landscaping and their commitment to greenery. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 05-14 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF G:\ZONING ADM INISTRATOR\ZAMIN\05\05zm0713.DOC 4 (05zm0713) • • CJ 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 construction of one single-family residence in a residential zone. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 05-14: Coastal Development Permit No. 05-14 for the construction of a 5,577 sq. ft. two-story single-family dwelling with an attached three -car garage, 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 40 parking. Is 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 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. 05-14: 1. The site plan, floor plans, and elevations received and dated April 28, 2005, shall be the conceptually approved design with the following modifications: a. A minimum of 40% of the front yard (434 sq.) shall be landscaped. b. A minimum front yard setback of 20 ft. shall be provided for the one car garage. G:\ZONING ADM INISTRATOR\ZAMIN\05\05zm0713.DOC 5 (05zm0713) INDEMNIFICATION AND HOLD HARMLESS CONDITION: 0 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 1:55 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JULY 20, 2005 AT 1:30 PM. Ma eth roeren Zoning Administrator rmk r� • GAZONING ADMINISTRATOR\ZAMIN\05\05zm0713.DOC 6 (05zm0713)