HomeMy WebLinkAbout2006-05-24•
•
MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-8 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, MAY 24, 2006 -1:30 P.M.
ZONING ADMINISTRATOR: Mary Beth Broeren
STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording
secretary)
MINUTES: May 10, 2006
APPROVED AS SUBMITTED
ORAL COMMUNICATION: NONE
ITEM 1: CONDITIONAL USE PERMIT NO. 2006-016 (BUI BLOCK WALL)
APPLICANT/
PROPERTY OWNER: Hao and Kim Bui, 219 Hartford Avenue, Huntington Beach, CA
92648
REQUEST: To permit the construction a 48-in. high block wall with 59.5-in.
high pilasters in lieu of the maximum allowed height of 42 in.
within the front yard setback.
LOCATION: 219 Hartford Avenue (north side of Hartford Avenue, between
Huntington and Alabama Streets)
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 an overview of the
proposed project and the suggested findings and conditions of approval as presented 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 and because the proposed
project is consistent with surrounding uses. No written or verbal comments were received in
response to the public notification.
Mary Beth Broeren, Zoning Administrator, reviewed the project plans and confirmed that
landscaping would be provided in front of the wall consistent with other properties in the
neighborhood.
THE PUBLIC HEARING WAS OPENED. 0
Hao Bui, 219 Hartford Avenue, applicant, spoke on behalf of the proposed project stating
children's safety as the primary reason for the request. Mr. Bui explained that the high and low
measurements of the wall are due to the property's downward slope.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Ms. Broeren engaged in discussions concerning the landscaping next to the wall along the
parkway.
CONDITIONAL USE PERMIT NO. 2006-016 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 15311 of the CEQA Guidelines, because the project consists of
minor construction of accessory structures on a property developed with a single-family home.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2006-016
Conditional Use Permit No. 2006-016 for the construction of a 48-in. high block wall with
59.5-in. high pilasters in lieu of the maximum allowed height of 42 in. within the front 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 in
that the wall is designed with decorative materials and is consistent with other block walls in
the neighborhood.
2. The conditional use permit will be compatible with surrounding uses because several
adjacent single-family dwellings are developed with walls built of similar materials and at the
same height or even higher.
3. The proposed Conditional Use Permit No. 05-42 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 HBZSO authorizes deviations from the fence height restrictions
subject to approval of a Conditional Use Permit. In addition, a three-foot wide landscape
planter consistent with other properties in the neighborhood will be provided in front of the
wall, as required by code.
•
GAZONING ADMINISTRATORVAMIN\06\06zm0524.DOC 2 (06zm0524)
C7
4. The granting of this conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Residential Medium High -Density
(RMH-A) on the subject property. In addition, it is consistent with the following goals and
policies of the General Plan:
a. LU 9.2.1: Require that new development within existing residential neighborhoods be
compatible with existing structures, including:
- Maintenance of the predominant or median existing front yard setback and;
- Use of complementary building materials, colors, and forms, while allowing flexibility for
unique design solutions.
b. UD 1.3.5: Require that privately developed walls make a positive visual contribution to
the public streetscape including provisions for plant material enhancements such as vine
pockets or decorative plantings, and design features such as sculptured or textured
masonry units.
The proposed wall will be designed with decorative materials consistent with other block
walls in the neighborhood, which will make a positive visual contribution to the public
streetscape. A three-foot wide landscape planter will be provided in front of the wall, which
is consistent with the predominant landscaped setback along the street frontage.
• CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2006-016:
The site plan and elevations received and dated April 10, 2006, shall be the conceptually
approved design.
40
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
G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm0524.DOC 3 (06zm0524)
C]
ITEM 2• CONDITIONAL USE PERMIT NO. 2006-012 (LAKE BLOCK WALL)
APPLICANT/
PROPERTY OWNER: David Lake, 16961 Concord Lane, Huntington Beach, CA 92649
REQUEST: To permit the construction of a curvilinear block wall at a varied
setback ranging from 5 ft.-6 in. to 11 ft.-6 in. within the sloped rear
yard of through lot. The block wall is proposed at an overall
height of 12 ft.-6 in. (measured from the top of curb along
Westport Dr.) in lieu of the maximum allowed height of 42 in.
within the 15 ft. rear setback of a through lot.
LOCATION: 16961 Concord Lane (west side of Concord Lane, south of
Davenport 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 an overview of the
proposed project and the suggested findings and conditions of approval as presented in the
executive summary.
Staff recommended approval of the request based upon the suggested findings and subject to
the suggested conditions as presented in the executive summary and because the proposed
project will be compatible with surrounding uses. Staff stated that approval has been received
from the homeowner's association. No other written or verbal comments were received in
response to the public notification.
Mary Beth Broeren, Zoning Administrator, engaged in discussions concerning the proposed
wall's use and varied setback.
THE PUBLIC HEARING WAS OPENED.
David Lake, 16961 Concord Lane, applicant, spoke on behalf of the proposed project and
stated that the lower wall at Westport Drive would be non -retaining.
Shirley Doo, 17041 Westport Drive, neighboring property owner, spoke in support of the
proposed project.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
CONDITIONAL USE PERMIT NO. 2006-012 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.
•
GAZONING ADMINISTRATOR\ZAMIN\06\06zm0524.DOC 4 (06zm0524)
• 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 construction of accessory structures on a property developed with a single-family home.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2006-012
1. Conditional Use Permit No. 2006-012 for the construction of a curvilinear block wall at a
varied setback ranging from 5 ft.-6 in. to 11 ft.-6 in. within the sloped rear yard of through lot
at an overall height of 12 ft.-6 in. in lieu of the maximum allowed height of 42 in. within the
15 ft. rear setback of a through lot 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 wall is proposed with quality materials including
concrete block, stucco finish, and a curvilinear design, which will be aesthetically appealing
when viewed from the street. Several of the through lots along Concord Lane have been
developed with similar walls.
2. The conditional use permit will be compatible with surrounding uses that includes properties
developed with similar walls within the rear yard setback. The adjacent property to the north
is developed with an approximately 10-foot high combination retaining/screen block wall at
the rear property line. The subject wall will have varied setback that provides landscape
• areas to soften the appearance of the wall when viewed from Westport Drive.
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 (HBZSO). The HBZSO allows for a deviation to the maximum wall and fence
height requirements within required setbacks with the approval of a conditional use permit.
is
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. LU 9.1.2.b: Avoid building materials, colors, and construction elements that visually
dominate their setting and contrast significantly with the character of the neighborhood.
b. LU 9.2.1.e: Include an adequate landscape setback along the street frontage that is
integrated with abutting sidewalks and provides continuity throughout the neighborhood.
The subject site is currently developed with a minimally landscaped slope along the rear
property line. The project will be developed with a landscape setback ranging from 5 ft.-6 in. to
11 ft. - 6 in., which will improve the aesthetics along the frontage of the property and soften the
appearance of the proposed wall. In addition the use of a stucco finish and curvilinear design
will break up the massing of the proposed wall.
GAZONING ADMINISTRATOR\ZAMIN\06\06zm0524.DOC 5 (06zm0524)
CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 2006-012: •
1. The site plan and elevations received and dated March 13, 2006, shall be the conceptually
approved design.
2. Prior to issuance of block wall permits a planting and irrigation plan shall be reviewed and
approved by the departments of Planning and Public Works.
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 1:45 PM BY THE ZONING ADMINISTRATOR TO THE
NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON
WEDNESDAY, MAY 31, 2006 AT 1:30 PM. 0
Mary et ' Br ren
Zoning Administrator
rmk
•
GAZONING ADMINISTRATOR\ZAMIN\06\06Zm0524.DOC 6 (06=0524)