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HomeMy WebLinkAbout2006-10-04• • MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 4, 2006 -1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jennifer Villasenor, Ron Santos, Ramona Kohlmann (recording secretary), Jeanie Cutler MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 2006-013 / CONDITIONAL USE PERMIT NO. 2006-031 (FANG RESIDENCE) APPLICANT: Steven Sonei, 20232 Deervale Lane, Huntington Beach, CA 92647 PROPERTY OWNER: Guo Q. Fang, 655 Legacy Drive, Brea, CA 92821 REQUEST: CDP: To permit the demolition of an existing single-family dwelling and construction of a new 4,660 sq.-ft. single-family dwelling with an attached three -car garage. CUP: To permit construction of the proposed dwelling with habitable area above the second -story top plate line at a height exceeding thirty feet (34'). 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: 17022 Baruna Lane (east side of Baruna Lane, north of Sirius Drive) PROJECT PLANNER: Jennifer Villasenor Jennifer Villasenor, Staff Planner, displayed project plans 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 emphasizing the suggested modifications to the plans. Staff stated that the project meets all development standards for the RL zone with the exception of the third -floor setback. Staff stated that the homeowner's association has not responded, to date, to the applicant's request for a letter acknowledging the proposed project. Staff stated that two letters in G:\ZONING ADM I NISTRATOR\ZAMI N\06\06zm 1004.DOC objection to the proposed project have been received, from neighboring property owners located • at 16952 Baruna Lane and 17163 Roundhill Drive. No other written or verbal comments were received in response to the public notification. 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 similar requests have been approved in the past for the Huntington Harbor area. Mary Beth Broeren, Zoning Administrator, reviewed the project plans and confirmed with staff that the site coverage has been verified. Discussion ensued with staff concerning elevations and a discrepancy in the third -floor setback. THE PUBLIC HEARING WAS OPENED. Kathleen Brown, 3902 Kitten Circle, spoke in opposition to the proposed project on behalf of herself and elderly neighbors who reside directly across the street from the subject site. Ms. Brown urged the Zoning Administrator not to approve the proposed project based upon loss of views and privacy. Steve Sonei, 20232 Deervale Lane, applicant, addressed Ms. Brown's concerns, presenting reasons in support of the request and urged the Zoning Administrator's approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she has reviewed the two letters in opposition to the proposed project . as mentioned by staff. Ms. Broeren stated that the proposed project is consistent with City code and changes that are occurring in the Huntington Harbor area. She stated that she was going to approve the request based upon staffs suggested findings and conditions of approval. COASTAL DEVELOPMENT PERMIT NO. 2006-013 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 the construction of a single family home. • GAZONING ADMINISTRATOR\ZAMIN\06\06zm1004.DOC 2 (06zm1004) • FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.2006-013: Coastal Development Permit No. 2006-013 for the construction of a three-story, 4,660 sq. ft. single-family residence, as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program Land Use Designation of Residential Low - Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to. locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will replace an existing dwelling on the site and is 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 complies with all applicable development regulations, including maximum building height and minimum yard setbacks. The project is conditioned to comply with requirements pertaining to habitable area above the second story top plate line. 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 parkland for recreational use. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 2006-031: 1. Conditional Use Permit No. 2006-031 for the construction of a dwelling with habitable area above the second -story top plate line at a height exceeding thirty feet (34') 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 is conditioned to be setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story window is oriented away from the adjacent residences to preserve their privacy. 2. The conditional use permit to construct a three story 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 dormers. Furthermore, the proposed dwelling 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. 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, minimum yard setbacks, and third -story design criteria. The project is conditioned to comply with all ® requirements pertaining to third -story habitable area. GAZONING ADMINISTRATOR\ZAMIN\06\06zm1004.DOC 3 (06zm1004) 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 has been conditioned to be setback 5 feet 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 are oriented toward adjoining properties. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 2006-013 / CONDITIONAL USE PERMIT NO. 2006-031: 1. The site plan, floor plans, and elevations received and dated August 29, 2006 shall be the conceptually approved design with the following modifications: a. The title sheet (Sheet A-0) shall be modified to indicate the accurate front yard landscaping percentage. b. The site plan (Sheet A-1) shall be modified to indicate the accurate scale of W. c. The first floor plan shall be modified to indicate the correct interior garage length of 19 feet. d. The elevations (Sheet A-7) shall be modified to depict Top of Curb height to Top of Subfloor height. e. The elevations, roof plan and section drawings shall be modified to show that all habitable area above the second story top plate line is setback five feet from the building exterior. 2. Prior to submittal for building permits, the following shall be completed: a. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Department b. Zoning entitlement conditions of approval identified herein and code requirements, 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. • GAZONING ADMINISTRATOR\ZAMIN\06\06zm1004.DOC 4 (06zm1004) • 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 1:43 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 11, 2006 AT 1:30 PM. Ma B6th roeren Zoning Administrator jc/rmk G:\ZONING ADMINISTRATOR\ZAMIN\06\06zm1004.DOC 5 (06zm1004)