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HomeMy WebLinkAboutPublic Hearing-CUP 90-64/CDP 90-44 Third Story (loft) add /oPrc v e_ ,S12,'61 May 17, 1991 1. ' To The City Council of Huntington Beach: ( + . We, the undersigned neighbors have been advised of the remodel plans . of Pam and Mike Myers. We not only feel that they will bean esthetic improvement,of the property, but will also enhance the surrounding property values. /f� D/Y7i/t ��-9':uJc� r ti ,. , if •z ��.�;�-.,�.�,� _{ r 17 13 is ' May 17, 1991 To The City Council of Huntington Beach: We, the undersigned neighbors have been advised of the remodel plans of Pam and Mike Myers. We not only feel that they will be an esthetic improvement;of the property, but will also enhance the surrounding property values. 10 '1 13 v �i May 17, 1991 To The City Council of Huntington Beach: We, the undersigned neighbors have been advised of the remodel plans of Pam and Mike Myers. 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'—jai i CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK May 22, 1991 NOTICE OF ACTION APPEAL OF PLANNING COMMISSION APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 90-44 CONDITIONAL USE PERMIT NO. 90-64 APPLICANT: Michael D. Myers APPELLANT Michael D. Myers/Rene Davids REQUEST: To permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to section 9110 . 0(c) (2) of the Huntington Beach Ordinance Code. LOCATION: 4002 Morningstar Drive (Huntington Harbour) You application was acted upon by the Huntington Beach City Council on May 20, 1991 and your request was : Approved Denied Withdrawn X Conditionally approved (see attached) Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final . The City Council action on this Coastal Development is appealable to the Coastal Commission pursuant to Public Resources Code S.30603 and California Administrative Code S. 13319, Title 14 . Pursuant to PRC S.30603, an appeal by an aggrieved person must be filed in writing, and addressed to: California Coastal Commission 245 W. Broadway, Suite 380 POB 1450 Long Beach, California 90801-1450 (213) 590-5071 (Telephone: 714-536-5227) • Notice of Action Coastal Development Permit Page Two The appeal period begins when the Commission receives this notice of action and continues for ten (10) working days . Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission' s review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. Provisions of the Huntington Beach Ordinance Code are such that an application becomes null and void one (1) year after the final approval, unless actual construction has begun. Connie Brockway, CMC City Clerk CB:me CC: City Attorney Community Development Director Coastal Commission City Administrator Herb Fauland, Community Development 1057K CONDITIONAL USE PERMIT N0, 90-64/ COASTAL DEVELOPMENT PERMIT NO 90-44 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 90-64 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity. 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO 90-34 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 conforms with the plans, policies, requirements and standards of the Coastal element . 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 is consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44, will have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 8, 1991 shall be the conceptually approved layout . 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . b. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . c. Elevations shall depict colors and building materials proposed. d. The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a. All applicable Public Works fees shall be paid. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 4 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8 :00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. -2- (9762d) 8 . The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 9 . This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder' s Office, . and returned to the Planning Division; and until the ten day appeal period has elapsed. 10 . Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. -3- (9762d) Authorized to Publish Adventisemvts at a1 kinds induding public notions by Ocoee of the Superior Court of Orange County.Calionri 6 Number A M4.SapWimber 29. 1961.and , A-24831 June 11. 19M STATE OF CAUFORNIA County of Orange I am a Citizen of the United States and a COASTAL STATUS: AP- resident of the County aforesaid: I am over the PUBLIC NOTICE PPueuc EHEAR NG PRO NOTICE OF CEDURE-: age of eighteen years, and not a party to or ! PUBLIC HEARING (�)Staff Repoj; ,a� APPEAL OF THE (2)Public Heanyng; interested in the below entitled matter. I am a PLANNING (3) Planning Commission ,;�,�;,. � 1 1� 'COMMISSION'S t)iscussion;and pri ,,,,,Nat cle:#: of the ORANGE COAST DAILY DENIAL OF (>) Plla ning Commission GONDITtONAL action. PILOT, a newspaper of general circulation, This protect is in the ap- printed and published in the City of Costa Mesa, USE PERMIT pealable portion of the N0.90.84 coastal zone. County of Orange, State of California, and that COASTAL Under the provisions of DEVELOPMENT the Huntington B ach Ordi- PERMIT NO.90-44 Hance Code, the action attached Notice is a true and complete copy as (Third story taken by the City Council is final. (loft)addition) However, approval of the was printed and published in the Costa Mesa, NOTICE IS HEREBY Coastal Development Per- GIVEN that the Huntington mil is appealable to the Newport Beach, Huntington Beach, Fountain Beach City C-ouncil will Coastal Commission pursu- hold.a public hearing in the ant to Public Resources Valley, Irvine, the South Coast communities and C uo ncil Chamber at the Code, S.30603. A denial of Huntington Beach Civic the Coastal Development Laguna Beach issues of said newspaper to wit rmit may be appealed Huntington Beach, Califon• (S,13319, Title 14, Cal'ifo the I$$Lle(S) of: nia,on the date and at the nia Administrative Code time indicated below to re- only if the City has ap- ceive and consider the proved a development on statements of all persons the basis of local land use May 9, 1991 who wish to be heard rela- regulations but has denied five to the application de- the issuance of a coastal scribed below. development permit be- DATE/TIME: Monday, May cause it cannot make the 20,1991 7:00 PM finding required by Section APPLICATION NUMBER: 13311, Title 14 of the Cali- Conditional 191 Rel Permit No. fornia Administrative Code. ,90=64/Coastal DeveloPment pursuant to Public Re- (P-a mil No.90-44 sources Code. S.30306, an APPELLANT: Michael D. appeal by an aggrieved Myers person must be filed iri APPLICANT: Michael D. writing within ten(10)work-: `Myer/ReneDavids ing dayys and addressed OC�ATION: -4002 Morn• Yo: California Co"r'astal m gst ar aDnve- (Huntington Commission, 245 W: Ha�b`our) Broadway, Suite 380, POB ,ZONE ,�,R1-CZ, (Si�ngle,. 1450, Long Beach, CA Family+Residential-Coastal g080`1-1450(2T3)590-5071 Zone) The appeal period begins' REQUEST: To permit the when the Commission re- conversion of a second ceives a notice of the City. story roof deck into an en- council action and contin- closed 362 square foot ues for ten (10) working third story loft pursuant to days.Applicants will be no- section 9110.0.(r<)(2) of the tified by the Coastal Com- Huntington Beach Ordi- mission as to the date of Hance Code: the conclusion of the C-om- ENVIRONMENTAL STA- mission's review period, declare, under penalty of perjury, that the TUS: Categorically exempt• and as to whether or not pursuant to section 15301, an appeal has been filed. fo oin is true and correct class 1 owe CaYt_ �rni�a "� 9 Applicants are advised not Environment I�ualit Act. to begin construction prior to that at Executed on "ay 9 �99�1 ALL INTERESTED PER= , SONS are invited to attend' at Costa Mesas Califomic& said hearing and express opinions or submit dence for or against the application as outlined above. If there are any fur- ther questions please call istant Signature Herb Fauland, Ass Planner at 536Y52�1. HUNT.IGTONj BEACH=CI?g1 N f GOUNCIL,� BY: Connie Brocayay CI•ty Clerk Phone: Published Orange Goa- aily h PROOF OF PUBLICATION D Pilot May 91991 U � ��" .rn2aoi NOTICE OF PUBLIC HEARING APPEAL OF THE PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 90-64 COASTAL DEVELOPMENT PERMIT NO. 90-44 (Third story (loft) addition) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 20, 1991, 7: 00 PM PPLICATION NUMBER: Conditional Use Permit No. 90-64/Coastal Development Permit No. 90-44 APPELLANT: Michael D. Myers APPLICANT: Michael D. Myers/Rene Davids LOCATION: 4002 Morningstar Drive (Huntington Harbour) ZONE: R1-CZ (Single Family Residence-Coastal Zone) REOUEST: To permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft \_ pursuant to section 9110. 0(c) (2) of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Appealable (See Below) PUBLIC HEARING PROCEDURE: (1) Staff Report; (2) Public Hearing; (3) Discussion; and (4) City Council action. This project is in the Appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action by the City Council is final. However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, S.30603 . . A denial of the Coastal Development Permit may be appealed (S. 13319 , Title 14, California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. Pursuant to Public Resources Code. S.30603, an appeal by an aggrieved person must be filed in writing within ten (10) working days, and addressed to: California Coastal Commission 245 W. Broadway, Suite 380 POB 1450 Long Beach, CA 90801-1450 (213) 590-5071 The appeal period begins when the Commission receives a notice of the City Council action and continues for ten (10) working days . Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission' s review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Herb Fauland, Assistant Planner at 536-5271. HUNTINGTON BEACH CITY COUNCIL S By: Connie Brockway, City Clerk Phone: (714) 536-5227 Notice of Public Hearing -2- (9583d) 178-391-2 178-391-3 178-391-4 Frederic & Bernice Flush , Flora T. Brussa Ronald & Dorothy Wheeler 16621 Edgewater Lane 16611 Edgewater Lane 16601 Edgewater Lane Huntington Beach, CA 92649 Huntington Beach,, CA 92649 Huntington Beach, CA 92649 178-391-5 178-391-6 178-391-7 Stanley E. Silverman,, Tr. Christopher & Charmaine Smith Merrill & Karon Walstad 4072 Morningstar Drive 4062 Morningstar Drive 4052 Morningstar Drive `Huntington Beach, CA 92649 Huntington beach, CA 92649 Huntington Beach, CA 92649 178-391-8 178-391-9 178-391-10 ,.Lyle E. Kilgore & Harry & Janet Vickers Tamara K. Atkinson Lyle E. Kilgore, Tr. P.O. Box 767 O c/o Tamara A. Campbell 4032 Morningstar Drive Colton, CA 92324 4001 Morningstar Drive Huntington Beach, CA 92649 Huntington Beach, CA 92649 178-391-11 178-391-12 178-391-13 'Michael David Myers (w Elsie M. Atkinson Leigh A. noss 10861 Cherry St. Q� 13633 S. Central Ave. a� 4021 Morningstar Drive 'Los Alamitos, CA 90720 Los Angeles, CA 90059 { Huntington Beach, CA 92649 178-391-14 178-391-15 178-391-16 • alter L. Wood, Jr., Tr. Alan U. Dunn M.B. Buettner '4031 Morningstar Drive 4041 Morningstar Drive 4051 Morningstar Drive !Huntington Heath, CA 92649 Huntington beach, CA 92649 Huntington Beach, CA 92649 178-391-17 178-391-18 178-391-19 Theodore & Ilana Coutsoftides L. Vincent Gorrilla, Tr. Arnold E. Spriro .8566 Phoenes Ave. 4071 Morningstar Drive 4081 Morningstar Drive Fountain Valley, CA 92708 Hungtingtcn leach, CA 92649 Huntington Beach,. CA 92649 178-391-29,-30 178-363-4 178-363-5 Huntington Harbour Corporation Yvard & Rarilyn Nelson Harold, Jr. & Sherrilyn Foster 4 241 garner Ave. 4051 Ondine Circle 4041 Ondine Circle ,Huntington Beach, CA 92647 Huntington beach, CA 92649 Huntington Beach, CA 92649 178-363-6 178-363-7 J 178-363-8 Richard J. Bonin, Jr. William C. Bryce Arthur, Jr, & Mary Preter 40,31 Ondine Circle P.O. iiox JA 4011 Ondine Circle :. iuntington Beach, CA 92649 Azusa, CA 91702 Huntington Beach, CA 92649 i:. 178-363-9 178-363-63,-64 178-600-1 3aymond & Donna Logan Huntington Harbour Corporation M & H Builders ' 001 Ondine Circle 4241 Warner Avenue 16345 Saybrook Lane iuntington Beach, CA 92649 Huntington heath, CA 92647 Huntington Beach, CA 92649 178-381-7 178-381-8 178-381-9 3piros & Lynn Travassaros Carl Jay Kramer, Tr. Eleizer & Sara Nussbaum L6642 Baruna Lane 16632 6aruna Lane 17032 Lowell Circle iuntington Beach, CA 92649 Huntington Beach, CA 92649 Huntington beach, CA 92649 iK - _ ' � . . „ • . � � . � T78-381 1 1 8 38-1 1 381 1 Raphael & Jun Cohen Clarence A. Laney, Tr. Howard k= stein 16612 N lu Circle 16602 N 1 Circle 16992 Na1 Circle . Huntington Beach, C 92649 Huntington Beach, CA 92649 Huntington ac, C 92649 � S� 17-81-1 1 38-14 1 38-2,-2 . M. Jude & Lori Reyes acoo & Yolanda Z n hi Huntington Harbour Corporation 1659 N 1 Circle 13941 S nders ea 11oa 4341 -warner Avenue Huntington Beach, C 92649 Santa Ana, C 92705 Huntington beach, C 92649 \. . � 17-0)-6 . 17-62 5l Huntington Harbour Corporation Huntington Harbour Corporation 4241 Warner Avenue 4241 Warner Avenue R� Huntington Beach, C 92647 Huntington Beach, C 92647 §° Also, please n notify: \ . . . . . . Ingram-Seitz & A oocia es / 2550 Mir 1 m Way Anaheim, C 92806 Q � Attention: Carolyn Seitz 6 . . �. . � . . r � . �\ � � �« G: �. �. m: �. �. �. OCCUPANT LIST , 178-391-9 0 6 178-391-11 178-391-12 Occupant Occupant Occupant 4022 Morningstar Drive 4002 Morningstar Drive 4001 Morningstar Drive Huntington Beach, CA92049 Huntington Beach , CA92049 Huntington Beach, CA 92049 OCCUPANT OCCUPANT 4012 PIORNINGSTAR 4021 MORNINGSTAR HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 3-r1-1'3 OCCUPANT OCCUPANT OCCUPANT 4031 MORNINGSTr:k%R 4041 i,lORNINGSTAR 4051 MORNINGSTAR HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 HUNTINGTON BEACH CA 92649 179. -,3 W- i 7 3 6 3- `7 7� C� CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES)ss. S A_rz�" declare under penalty of ,perjury that the attached list contains the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owners of property within a distance of three hundred (300) feet from the exterior boundaries* of property legally described as: 1�T '73 � 2��r N- �3�0 . M� 200-6zd- Executed at bJf sT Q_(bV1QA _ , California, this 23 RD day of APrzi[— 19 _. { -Signature ANACAPA MAP COMPANY certi .f � e ist Or CITY OF HUNTINGTON BEACH AFFIDAVIT STATE OF CALIFORNIA ) COUNTY CF IM ANGELS ) ss. Y� Peter S.. Wartman declare under penalty of perjury that the attached list contains the addresses of all tenants/occupants, as can be reasonably ascertained from field observation and existing applicable official records, inhabiting the following legally described property and all properties adjacent and surrounding for a distance 04 (/OD of :ftaa hundred ( feet from the exterior bounaaries of said property, • which is legally described as follows: LOT 73, TRACT NO. 5360, M.M. 200 - 6/14 Executed at best Covina , California, this 23rd day of April Signature Peter S. Wartman ANAC;&A MAP CQii -ZNY 703 S. Glendora Avenue #5 West Covina, California 91790 TELEPHONE: (818) 962-9665 or (213) 625-7051 lob No. Case No. sAl /-,.fro? fil NOTICE OF PUBLIC HEARING y ` Dapkas APPEAL OF THE PLANNING COMMISSION' S DENIAL OF CONDITIONAL USE PERMIT NO. 90-64 COASTAL DEVELOPMENT PERMIT NO. 90-44 (Third story (loft) addition) NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing in the Council Chamber at the Huntington Beach Civic Center, 2000 Main Street, Huntington Beach, California, on the date and at the time indicated below to receive and consider the statements of all persons who wish to be heard relative to the application described below. DATE/TIME: Monday, May 20, 1991, 7 : 00 PM APPLICATION NUMBER: Conditional Use Permit No. 90-64/Coastal Development Permit No . 90-44 APPELLANT: Michael D. Myers APPLICANT: Michael D. Myers/Rene Davids LOCATION: 4002 Morningstar Drive (Huntington Harbour) ZONE: R1-CZ (Single Family Residence-Coastal Zone) REQUEST: To permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to section 9110 . 0(c) (2) of the Huntington Beach Ordinance Code. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act . COASTAL STATUS: Appealable (See Below) PUBLIC HEARING PROCEDURE: (1) Staff Report; (2) Public Hearing; (3) Discussion; and (4) City Council action. This project is in the Appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action by the City Council is final . However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, S.30603 . . A denial of the Coastal Development Permit may be appealed (S. 13319 , Title 14 , California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. Pursuant to Public Resources Code. S.30603 , an appeal by an aggrieved person must be filed in writing within ten (10) working days, and addressed to: California Coastal Commission 245 W. Broadway, Suite 380 POB 1450 Long Beach, CA 90801-1450 (213) 590-5071 The appeal period begins when the Commission receives a notice of the City Council action and continues for ten ( 10) working days . Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission' s review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If there are any further questions please call Herb Fauland, Assistant Planner at 536-5271 . HUNTINGTON BEACH CITY COUNCIL S By: Connie Brockway, City Clerk Phone: (714) 536-5227 0 Notice of Public Hearing -2- (9583d) Connie Brockway,City Clerk -T • -�M < -�- �` Nu�o,v\ �i �� City of Huntington Beach iia ; Office of the City Clerk ��T ``f � bye I` P.O.Box190 .,� i� � �rt �`�� ��';';Huntington Beach,CA 92648 ne ALI 178-062-51 ' ington Harbour Corporation TING Q 4 Warner Avenue TpyA Huntington beach., CA 92 647 OR PORA � 2 �DUNTY ca` LEGAL NOTICE - PUBLIC HEARING Iitlt till dtlilIIlidIt~t III l:If Connie Brockway,City Clerk . - City of Huntington Beach r r�-� T kit. Office of the City Clerk ` '� ° f %J P.O. Box 190 F; f C x rkY 9 I = c Huntington Beach,CA 92648 1 t �'Al SA So ('NLSFL1Fy V � i (.� 178-381-14 J OCCUPANT TINGT 16601 NALU CIRCLE ``"�� HUNTINGTON BEACH CA 92649 0 MC+RPOR� - NTY cp` LEGAL NOTICE - PUBLIC HEARING tttt,„ttttttt~t1it gill till~t!~ftt1~t~t,fdtis 1t~ftl Connie Brockway,City Clerk —� �-�-- y� --•-.-.�_...... _ City of Huntington Beach �-c�-,��. T��pG oN sF �U U.S. Office of the City Clerk — J<l•G J � -! P.O. Box 190 L k% = Ml,Y 9 Huntington Beach,CA 92M " `` -A � .. 178-363-63,-64 Fop IiW&Ington Harbour Corporation �NTINGT� /42$ ' Warner Avenue 011 y� Huntington heath, CA 92647 NCORPORR7�C F - - 9 �C �fe.i reoe.►°.. QQ LEGAL NOTICE - PUBLIC HEARING If.i, „I,I,Ii„lit,it,l,.list i„t,tlt Its,,tlt,tl,I Connie Brockway,City Clerk "�"" """'— --- �.. uTC v < <� City of Huntington Beach Office of the City Clerk P.O.Box 190 MAT 9 I Huntington Beach,CA 92648 Fo ryF 178-053-64 gton Harbour Corporation r Warner Avenue INGTpy p, Eloifeo ington Beach, CA 92647 �O MCORPORRt �/ °�NTy cap LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington BeachP y J _.___, Office of the City Clerk �- - C�ki 9 P.O.Box,90 FIRST CLASS MiA L � Huntington Beach,CA 92648 `r �� 's 14 M & H Buildersi a 16345 Saybrook Lane oa INGIpy�F Huntington. Beach, CA 92649 >:- Z !Q+1.1909.' 0 F�pUNTI % LEGAL NOTICE - PUBLIC HEARING Connie Brockway,City Clerk City of Huntington Beach �-- Office of the City Clerk ^R"c•-ti V'`` P.O. Box 190 Huntington Beach,CA 92648 6It f a 'g'� w e ��9A • Sty �: �;� p � Df� y 178-391-293-30 F,� H Ington harbour Corporation o��uNTINGTpy A�9� L warner Ave. \i _ NCOR►Oq�IfO d�9� untington Beach, CA 92647 9 _ QZ y�i'�. e+� reos.► �O �pUNTY Ca�� LEGAL NOTICE - PUBLIC HEARING • li,t,,,,t,t,ti,,,I„tt,t,,,i„t„tJ,l„t,,,ltt,l„I 31y RECEIVED CITY CLERK C'TY 0,F APPEAL OF DENIAL OF CONDITIONAL USE PERMIT F!U!t T t i .'-;-' I `'I1' CALIF. AND COASTAL DEVELOPMENT PERMIT TO E tl 2 c PH1 9I HUNTINGTON BEACH CITY COUNCIL This is an appeal from the Huntington Beach Planning Commission's denial of a Conditional Use Permit and Coastal Development Permit to add a partial third-story loft to applicant's two-story single family residence located at 4002 Morningstar Drive in the Huntington Harbour area of Huntington Beach. The Planning Commission voted 5 - 1 in its denial of the application. The February 20, 1991 staff report of the Huntington Beach Department of Community Development recommended approval of the Conditional Use Permit ( copy of the Staff Report is attached hereto for the Council's convenience) . The Community Development Staff concluded upon reviewing applicant's proposal that the current code requirements for a third-story addition had been met and that the proposed requirements of the Huntington Harbour Code Committee, which have not yet been adopted, were generally satisfied. The staff concluded that the proposal was "in keeping with the surrounding neighbor- hood and is not a detriment to the general health, safety, welfare and privacy of the surrounding residents." Instead of following the recommendation of the Staff Report to approve the application, the Planning Commission denied it based upon a finding that such an addition would not be consistent with the existing residences on Morningstar Drive which are all two-story exclusively (See finding No. 5 for Denial-Conditional Use Permit No. 90-64) . 'rI-IIS FAc1UAL FINDING IS ERRONEOUS. --- — --'^ This mistake of fact resulted from the only opposition to the Conditional Use Permit application which was made by the Huntington Harbour Property a-iners Association ("HHPOA") . Mr. Joe Rosen of HHPOA appeared at the Planning Commission hearing and erroneously testified that if applicant's Conditional Use Permit was approved, applicant would have the only three- story on Morningstar Drive and would be the onl three-story house in the area adjoining or surrounding Morningstar Drive. _THIS HHPOA CLAIM IS SIMPLY FALSE. There are no less than five three-story homes in the immediate area of this applicant's hone; there is one three-story. home at 4192 Morningstar Drive and at least two other three-level homes at 4122 and 4182 Morningstar Drive. A complete listing of all three-story hones in the vicinity of this applicants home will be presented to .the Council at the time of the hearing. Con't., . MV CIT TINGTON BEACH TO: DEPARTMENT DATE ❑ For your approva. ❑ Pe our request. ❑ For your signatu e. ❑ r your information. ❑ Take appropriate action. Prepare reply for my signature. ❑ Return with more details. ❑ Answer. ❑ Investigate and report. ❑ Note and return to me. ❑ Note and see me about this ❑ Note and file. ❑ A _ Please call: TELEPHO E Mr. Mrs. (n tl�wrv`/�A. Miss TIME CALLED DA CAL ED TELEPHONE NO. ME �AG t FROM: DEPT. TRANSMITTAL AND TELEPHONE SLIP I I I Appeal of Denial of Cond. Use Permit Page 2 & Coastal Development Permit 4002 Morningstar Dr. No less than three of the five Commissioners who voted against the Conditional Use Permit based their rejection solely on the basis of the erroneous finding that there are no other three-story homes in the immediate area of this applicant's residence. . For example, Commissioner Leipzig stating that he had voted in favor of the last.couple of Conditional Use Permit applications for three-story additions in the Huntington Harbour area explained that he was voting against this application since there were no other three-story homes already in existence in the immediate area of the applicant's residence as there hadbeen in the other cases. At the hearing, Commissioner Richardsoh.questioned the staff member in attendance, Mr. Herb Fauland, concerning the staff's finding for approval set out on page 6 of .the Staff Report which stated that the proposed third story addition was compatible with existing or propsed uses in the vicinity. Commissioner Richardson noted that Mr. Rosen had testified that there were no other three-story homes on Morningstar Drive or in the adjoining or surrounding area. Mr. Fauland stated that while the.term vicinity was vague, the staff looked at abutting neighboring streets. He stated that there were a number of three-story homes throughout Huntington Harbour but could not recall any located around the specific area of the applicants hone. As set out herein, and will be more fully presented at the hearing of the City Council, there are a substantial number of three-story homes located in the immediate vicinity of the applicants home, not to mention the remainder of Huntington Harbour. Commissioner Newman, who indicated that she lived in the Huntington Harbour area and that her own home was blocked. by a four story building, voted to deny the Conditional Use Permit because she was concerned with the "integrity of the area" and that the proposed third-story addition would not be consistent with the other homes in the area. At the Planning Commission hearing, Commissioner Leipzig requested that finding No. 5 (the proposed "addition is not consistent with the existing .residences on Morningstar Drive which are all two-story exclusively") be inserted with the other "boilerplate" findings. for denial. Commissioner Leipzig's reference to findings 1 through 4 for denial of the Conditional Use Permit as "boilerplate" was particularly appropriate in this case as demonstrated by the Staff Report. The Staff Report revealed the inaccuracy and inapplicabilities of those findings to the. applicants proposed addition as reemphasized by Mr. Fauland's testimony at the Planning Commission hearing. Mr_. Fauland pointed out that the applicants residence was dead-center at the end of a cul-de-sac and .that the partial three-story addition would be centrally located on the residence and that the residence would set back 45 feet from the property line. Mr. Fauland also noted that the Con't... Appeal of Denial of Cond. Use Permit Page 3 & Coastal Development Permit 4002 Morningstar Dr. addition was within the maximum height requirement. Therefore, the proposed addition did not block anyone elses view or sunlight. Additionally, Mr. Fauland noted that the windows for the proposed addition would be located in such a way as to maintain the privacy of the adjacent neighbors. These findings of the staff committee directly contradict findings for denial numbers 1 through 4. Furthermore., as the Staff Report, itself, points out, the minimal increase of the roof line in the center location of the addition would .provide the appearance of a two-story structure. 'Therefore, the addition will be consistent with the adjoining two-story residences. Mr. Fauland reemphasized this at the planning commission hearing when he reminded the Planning Commission that the proposed addition was for only a partial third story and that the proposed addition was not detrimental to the general health, safety, welfare and privacy of the surrounding residences and was compatable with the surrounding areas. Neither the basis nor the findings .for denial of the Coastal Development Permit were addressed at the Planning Commission hearing. These findings are not based in fact and, therefore,' are arbitrary and capricious. The Staff Report specifically addressed the matters raised in these findings and found the exact opposite to be true (See 5.0 of the Staff Report, page 3) . It is clear that but for the mistaken representation by the Huntington Harbour Property Owners Association that there are no other three-story homes on Morningstar Drive or in the surrounding area that no less than three of the commissioners who voted for the denial of the Conditional Use Permit would have instead .followed the recommendation .of the Staff Report to approve the proposed addition submitted by the apy.)licant. Applicant hereby respect- fully requests that the City Council reverse the denial of the Conditional Use Permit and Coastal Development Permit since this was based upon a .mistake of material fact as demonstrated herein. Sincerely, Michael D. Myers 4002 Morningstar Dr. Huntington Beach, CA 9a y 9 `flVxe-:(,213) �f93- aa�t� ,per huntington beach department of community development STAf f Ep®R TO: Planning Commission FROM: Community Development DATE: , February 20, 1991 SUBJECT: CONDITIONAL USE PERMIT NO. 90-64/COASTAL DEVELOPMENT PERMIT NO. 90-44 APPLICANT/ Michael Myers/Rene Davids DATE ACCEPTED: PROPERTY 10861 Cherry, #106 February 8, 1991 OWNER: Los Alamitos, CA 90720 MANDATORY PROCESSING DATE: REQUEST: To permit the conversion April 9, 1991 of a second story roof deck into an enclosed ZONE: R1-CZ (Single Family 362 square foot third Residential-Coastal Zone) story loft. GENERAL PLAN: Low Density LOCATION: 4002 Morningstar Drive Residential (Huntington Harbour) EXISTING USE: Two Story ACREAGE: . 12 (± 5, 118 square feet) Single Family Residence 1. 0 SUGGESTED ACTION: Approve Conditional Use Permit No. 90-64 and Coastal Development No. 90-44 with findings and suggested conditions of approval. 2.0 GENERAL INFORMATION: Conditional Use Permit No. 90-64 in conjunction with Coastal Development Permit No. 90-44 is a request to permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to Section 9110. 1(c) (2) of the Huntington Beach Ordinance Code. A-F M-23C 3 . 0 SURROUNDING LAND USE, ZONING AND GENERAL PLAN DESIGNATIONS: i Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE:. R1-CZ (Low Density Residential-Coastal Zone) LAND USE: Two Story-Single Family Residential North. East and South of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1-CZ (Low Density Residential-Coastal Zone) LAND USE: Two Story-Single Family Residential 1 West of Subject Property: GENERAL PLAN DESIGNATION: Open Space-Water ZONE: WR-CZ-FP2 (Low Density Residential- Coastal Zone-Floodplain) i LAND USE: Waterway 4 .0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1, Section 15301 of the California Environmental Quality Act. 5.0 COASTAL STATUS: The proposed remodel and addition to an existing two story single family residence is located within the appealable area of the coastal zone. Therefore, Coastal Development No. 90-44 has been prepared in conjunction with Conditional Use Permit No. 90-64 . Prior to any action on Conditional Use Permit No. 90-64, it is necessary for the Planning Commission to review and act on Coastal Development Permit No. 90-44 . Coastal Development Permit No. 90-44 may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element of the General . Plan by making the following findings: (a) LUP. That the development project proposed by the coastal development permit application conforms with the plans, policies, requirements and standards of the Coastal element; (b) Zoning_ Regulations . That the coastal development permit application is consistent with the CZ suffix, the base zoning district or specific plan as well as other provisions of the Huntington Beach Ordinance Code applicable to the property; (c) Adequate Services . That at the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with C-LUP; Staff Report - 2/20/91 -2 (8722d) (d) California Coastal Act. That the development conforms with the public access and public recreation policies of Chapter 3 of the - California Coastal Act. The proposed project, as submitted, conforms with the above requirements as follows : The project complies with the development standards contained within the Huntington Beach Ordinance Code, is consistent with the Coastal Land Use Plan permitting low density residential on the site, already has adequate infrastructure as the subject property is within an existing tract with infrastructure in place, and complies with the public access and public recreation policies of Chapter 3 of the California Coastal Act since no coastal access exists at the site presently nor will exist after construction of the proposed project. 6 .0 REDEVELOPMENT STATUS: Not applicable. 7. 0 SPECIFIC PLAN: Not applicable. 8. 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: The existing 3,031 square foot two story single family residence consists of a living room, dining room, family room, kitchen, bathroom and 620 square foot three (3) car garage on the first floor. The second floor consists of three (3) bedrooms with bath and a master bedroom with master bath. The proposed third floor consists of the conversion of a second story roof deck into an enclosed 362 square foot loft with an opening below to the second floor. The overall remodel of the existing residence includes the extension of the family room, the enclosure of the third car garage space into a workroom, and the cantilever of the second floor landing area. The building height and third floor loft addition requires the discretionary review of the conditional use permit process . The following is a zoning conformance matrix which compares the existing single family residence and proposed addition to the development standards of the Low Density Residential (R1) District: Section Issue Required Proposed 9110.2 Parcel size 6,000 5, 118 sf (exist. ) Frontage 45 feet 30 feet (exist . ) Cul-de-sac 9110.3 Density 1 unit max. 1 unit 9110.4 Bldg. height Max. 25 feet 30 feet* Two story Three story* *Conditional use permit required. Staff Report - 2/20/91 -3- (8722d) Sec tion Issue Required Proposed 9110 . 5 Max. site coverage 55%/2, 814 sf 50%/2, 559 sf 9110. 6 Front yard setback 22 feet min. 21 feet (exist. ) 9110. 7 Side yard 5 feet min. 5 feet setback 9110.8 Rear yard setback 5 feet min. 5 feet 9110. 9 Open space exempt N/A 9110. 10 Parking Two covered Two Covered The Planning Commission shall consider the following guidelines when considering the request for a third story addition: (a) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents, or on surrounding property values. (b) The location, site plan and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood. (c) The age and anticipated permanence of buildings on adjacent �- properties shall be considered. (d) The Commission shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood. Analysis : The applicant is proposing to enclose an existing second story roof deck into a third story loft which will require the construction of a new roof and which will alter the existing roof lines. The new flat roof will raise the building height to approximately 30 feet . The existing roof has a building height of 26 ' -6" to the peak of the highest pitched roof. The minimal increase of the roof line of approximately 3 ' -6" ; the ability to maintain an overall building height of 30 feet, and the central location of the addition provides the appearance of a two story structure and, therefore, will be consistent with adjacent two story residences . Another concern which has been analyzed is a possible infringement upon the privacy of abutting residential structures . The applicant is providing windows for proper light, air and ventilation for the proposed enclosed structure. These windows are located on all four sides of the enclosed area but the windows which may affect any privacy to adjacent neighbors are located on the east (streetside) and west (waterway) sides of the loft area. The remaining windows (north, south) are located on the portion of the enclosed area which is open Staff Report .- 2/20/91 -4- (8722d) i� to the second floor below and are not accessible for any viewing. The potential infringement of privacy has, therefore, been reduced to a negligible amount because the views associated with the windows will be of the street and waterway only. Huntington Harbour Code Committee: The Huntington Harbour Code Committee was formed as a result of concerns raised because of several proposed third story additions in the Huntington Harbour area . The Committee has met on several occasions and has proposed a code amendment which modifies Article 911 (Attachment #5) . Please note that the code amendment is only a draft proposal and has not been fully recommended by the committee, nor fully analyzed by the Planning staff, Planning Commission or City Council and has not gone through the public hearing process . The following are the applicable code proposals for third story additions: (1) Twenty-five (25) feet and maximum two (2) stories . In. no case shall the second story plate height exceed twenty-three (23) feet and the highest point of the roof exceed thirty (30) feet. Exception by Use Permit . A third floor loft may be permitted subject to the approval of a use permit with the following limitations : (1) The third story loft shall not exceed the height limits as stated herein. (2) Third floor loft area shall not exceed 12. 5 percent of the . building footprint excluding the garage. (3) Third floor loft area shall be fully within the confines of the roof . (4) Windows and decks are permitted; no exterior stairways shall be allowed. (5) No bathroom facilities (i .e. , toilet, shower, tub) shall be permitted; plumbing shall be limited to a bar sink. Electrical outlets shall be limited to 120v. In comparing the applicant ' s proposal, the third story loft addition deviates from the Code Committee' s recommendations in two areas. The first is that the proposed loft floor area exceeds the 12 . 5 percent (234 square feet) of the building footprint (1,868 square feet) excluding the garage. The applicant is proposing a total of approximately 362 square feet of floor area. Secondly, the applicant ' s loft area requires the construction of a new roof and, therefore, is not fully within the existing roof line. As noted Staff Report - 2/20/91 -5- (8722d) earlier, the proposal does stay within the maximum height limit of 30 feet to the peak of the highest pitched r9of and subsequently t maintainer the maximum height of ®thy Q��P���a two story residence. In terms of compliance with the Committee's recommendations, the applicant ' s loft complies with the height limits, allowance of windows, provides no exterior stairways and no bathroom facilities. Staff policy requires the applicant to submit written proof that the .proposal has been forwarded to the applicable Huntington Harbour Homeowners Association for their review and recommendation. In this case, the applicant submitted the proposal to the Huntington Harbour Property Owner Association Architectural Review Committee (see Attachment No. 4) . The Architectural Review Committee has reviewed the proposal and has not approved the plans as submitted. They have also indicated that the third story is not permitted by their CC&R's. The City, however, does not enforce CC&R' s . Conclusion: In reviewing the proposal, staff believes that the applicant has met the current code requirements for a third story addition and has generally satisfied the requirements of the Huntington Harbour Code Committee. Although the proposal does not fully meet the Code Committee ' s standards, it must be noted that the standards are not yet adopted. Staff also believes that* it does meet the general intent of the Committee' s standards . Staff, therefore, believes that the proposal is in keeping with the surrounding neighborhood and is not a detriment to the general health, safety, welfare and privacy of the surrounding residents . 10 .0 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-64 and Coastal Development No. 90-44 with the following findings and suggested conditions of approval: FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 90 64 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity, 2 . The proposed addition to an existing two story single family residence with a third .floor 362 square foot loft is compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. Staff Report - 2/20/91 -6- (8722d) I 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT N0, 90-34 : 1. The proposed addition to an existing two story. single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 conforms with the plans, policies, requirements and standards of the Coastal element. 2. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 is consistent with the CZ suffix, low density. residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44, will have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated January 8, 1991 shall be the conceptually approved layout. 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be used on all spigots and water faucets . b. If foil-type insulation. is to be used, a fire retardant type shall be installed as approved by the Building Department and .indicated on the floor plans. C. Elevations shall depict colors and building materials proposed. Staff Report - 2/20/91 -7- (8722d) d. The site plan (or reference page) shall include all I conditions of approval imposed on the project printed verbatim. 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a . All applicable Public Works fees shall be paid. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit. 4 . The development shall comply with all applicable provisions of the Ordinance Code, 'Building Division, and Fire Department. 5 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8 :00 PM. Construction shall be prohibited Sundays and Federal holidays . 7. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 8. The Planning Commission reserves the right to revoke Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 9 . This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder ' s Office, and returned to the Planning Division.- and until the ten day appeal period has elapsed. 10. Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. Staff Report - 2/20/91 -8- (8722d) 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 with findings. . ATTACHMENTS• 1. Area map 2. Narrative 3 . Site plans, elevations, and floor plans dated January 8, 1991 4 . Letter from Huntington Harbour Property Owners Association dated January 2, 1991 5 . Proposed Code Revision 6. Alternative Findings for Denial HS:H kj 1 7 r S a is Staff Report - 2/20/91 -9- (8722d) R!-CZ RI I =�uu DR RI j Rnaysppr OR \ s -CZ l S 'IRI RI CZ� ... RI RI RI _... I y WR•CZ-F{'2 IoiRI-CZ < OPERETTA pp OANU OR. G ( ai RI 8 3 RI RI Q, RI o�o RI RI sCENaRq DR. � IS N RI-CZ , I; R2 R2 C4; • �I<i r^I I WR-CZ-FP nEIL .ve i� RR / CH TIAN �,N]C•)9Iw ']]' R3 �'91GI;�i!fi QX_.. I • r ,,•,�: Sr.6=--- % I CF-E :9 R2 R2 C4 R2 R2 `"\R3 �cetaD_a: y RI z I CF-R �aKr.IKu .G% loan !J ,i R2gx:=:-.w- I RI-CZ PICKWICK CR WR-G-FPZ J/ RANFOR 'I. Wlra ort R /W RI-CZ \ G.1 p. = Ncc RI_ J N G1p R3 R2 R2 R2- R2 cF'R#ltiR�; ' R2 R2 -CZ-FP2 V \' •m v�..... r a l0lll7� ' . RI-CZ cr ` n R2 PEARCE pP b� WRu+Pz ir:ivPwit�: 5T. :ALE OR. :&—:1'- r� Z slLLuaaN 23 R2 R2 ( UR2 R2 R2 R2 R3 I-CZt�Bu�Lw WRI_G7 R1 �-j RI-CZ4—CZ ! MILO sT. R3 woe v W f D R NNPPOR, Z I, R I-CZ g j z no I _N ¢ N — o R3 R3 R3 Z R3 R3 N ¢ U z N X 4 N ti V U 8 V V N V J 2 L W C2 O DR. G _ W U S J Z iVi 3 W,W, 1 DR. Q: a �'RI-CZ of I-r�11 CUP 90-64/CDP 90-44 L � HUNTINGTON BEACH HUNTINGTON BEACH PLANNING DIVISION Application for Michael D. Myers 11.- Written Narrative of' proposed use: A. Wish to enclose the third floor deck and use it as a I•amily room as well as enclose the second floor deck which has stairs leading to the third floor roof deck. Additionally, we wish to extend the existing family room out five feet to align with the balcony. We also want to enclose one part of a three car garage to use as a work room. Another child is on the way and we need more space. B. Description: Single-family residences of one, two and three stories. The only population served is the family occupying the residence. C. . Enlcose a second story deck which has stairs leading to an already existing roof deck and enclose the roof deck. The roof deck already has a high solid wall surrounding it and, therefore, enclosing it will be harmonious with the existing structure. Additionally, no other home's view will be blocked as there will be very little noticeable change. Also, we would like to extend the existing family room out five -feet to the set-back and enclose the third car garage. No part of the house is being demolished -- this is simply a minor- additiona do/or enclosure of an area. D. Surrounding uses: Single-family residences. R E C E I V F_:_�U) l, . 19'.•31. f R 101..'a0• ti � I \ ITI A it R°17* 1 -� 1 ~ 2a z r 66. r I I • iI � I ! rot - �yw�, y t 2k, k rMf PillN :-._.. DAVIDS a KILLORY DESIGN INTERIORS se(T, qo MY.FK$ r SIYEHce i TELEPHONE:(619)285-1299 3031 KALMIA ST SAN DIEGO .92104 looz HOM"."Ir I'm. _ tivH1MG10H HArbor CA! V I , PwN•f f I/1 yam- „- � �• y�Yt IIL (NE O cr Mn Of r 7 li lD-fir le II p it ' � I r I I i cr_ v N _—-— • .— i - • NG �bl crr•.f .• O �J It eAT � A' w ; Q i% 6 W esrpvs e»rr>ww riaJ.J. II rl I ,, Z AND - JO[. GIM�I4f s G4Af,C , N00. 1 y q'► J'WJ�"�r -� .:a+tsuc Sw�F.tira SJWIf I papwr� Z Q . s t I i _ � - fl[Sf FiAOS ryJJ�N .._ Z"'�' f1L�7K NINJ �(/�f��—' T - 0� ILrbE. Y4'�M-o` suns.s'-�•� I ' i I I n � .� o I . r ,,• G re f��tit i z 7 �P •• 00 ©O h V ✓ � v I OC�OC�C� O000o"(D UC�Cv�,>�U��cauU0,0 F E tit, r / I El IR — r— r. ii — � • I P .- I Iln - .. g•'. ( I Mr6RS I,CSIW'r+G/ DAVIDS a KILLORY DESIGN I+urftlNc,loH 'WlK6OR c�_- 90 W ST/PAST $LFYAf'o" TELEPHONE:(619)285.1299 3031 KALMIA ST SAN EGO 92104 M �— . t e • i I • I j7- . I _�iT i rA Rai ,+. ./ - _.low_ �. °' i r .. . --•':+_..-_..� w sMGfIONB. e d a ILLI�M�° E)6iltiN 1}Fn�mo ; HUNnNaTaN WKeDR t,� � LEPHONE•(619).285 1299 70)I KALMIA ST. ' SAN DI Er 92104 ( I'� �� I c awwil -'•'-•x"^` NOI1VA313 Hln1 '; _-.—yatrsuc,r� .110111A?f'1R1(Iln�' C-] 79 e .!4i, L >. o L 00M LI raY Tmb I '�yTJ ♦ 1 YIa Y/M) J�YI r�• �{e7 rpllr! zn-a..J. ..,k� .. Y �4� .:.iJc 1 -___..- - _ ot =J q, virr NC'lJ_VA 13 HIMON �- � •s.sc� c O - , N z0 N I — - Ll'-] to�H.b.1rJ1 I t,y .1.V/W! J%► .r••.. .-.J+aw�a•li� � .+c.rw� i 1•Mn•.. -Ar_ g � --- 1 4 I'Ve, M09NiNClSTAP. vr-. DAVIDS & KILLORY DESIGN TELEPHONE1 (619) 285-1299 3031 KALMIA ST. SAN DIEGO 92104 Huntington Harbour Property Owners Association, *Inc. P. O. 'BOX 791 SUNSET BEACH, CALIF. 90742 January 2, 1991 \i� Mr. Myers 4002 Morningstar Huntington Beach, CA 92649 Dear Mr . Myers : Thank you for forwarding the plans of the proposed remodeling of Your home to the Huntington Harbour- Property Owners Association (HHPOA) Architectural Review Committee (ARC) . We have reviewed the plans and cannot approve them for the following reasons : 1 . The 1st and 2nd floor additions extend into the 10 foot setback. 2 . 3rd stories are not allowed. 3 . We cannot: approve the changes to the pool. equipment area since it seems to extend into the setback. The ARC may subsequently approve said plans if they are revised in accordance with the CC&Rs . If. you wish to discuss this action in more detail, please forward a letter to Joe Rosen, Chairman ARC, at. the letterhead address, Tel . 714-840-4575 . We hope you will understand that our motives are strictly to enhance and preserve the high quality of life and appearance of the Harbour Area, and we invite your cooperation . Yours truly. Jack Leverenz Secretary, ARC AW 91] 0 4 '- Y i R .t. ( 1) Insulation of accessible attic areas to R-19 . (2) Weatherstrippiil.q of doors and windows . (3) Installation of low flow shower beads and faucets certified by the California energy commission. pp, (4 )'. Installation of approved ' smoke -detectors . .,2837, 16 Jul 86) 9.110 . 4 Maximum building height . Maximum building height shall4',be ' as follows : Main dwelling : *Twenty-five (25) feet and maximum two t.. (2) stories . In no case shall the second story plate height exceed twenty-three (23) feet & the highest point of the roof exceed thirty (30) feet Accessory building : Fifteen (15) feet . l��t�XdYrig/McX�Mf/tdf/fMaC�f�/.(ald�'/fer�f/�rfd/dz`/fMi'es�/,(a�'/�fr6x`Yr�� . ttS,��/}�r�/�r��ttStffr�al/��(h�Jer�f/f�S/fMe/�l��Sa`�S:6�X/eSf/�/r�aSriali'ftuSriz4X/�i�e �e>LuSaCf.1//TMe/�SX�ri�itrSaJ/�duSt�Y��Y�Sri/�Yf�XX/r�¢fxi�XeT�f/fMr�/faSXXd�bi'�i�J -- s��t�Cdr�X.irl��/�Cri/:-Ci��/aI�s�i'siCd�i/¢Sri/s�(�M/2(/Y`e��e�f ( ) .' Exception by Use Permit. A third floor loft may be permi ted subject to the approval of a Use Permit .with the . - " follpwng limitations: r a (1) The third story loft $hall not exceed the height limits as stated in herein. (2) Third floor loft area :shall not exceed. . 12.5 percent of the building footprint excluding the garage. (3) Third floor loft area ,shall be fully within the "'confines of the roof . *Optional height definition: : ,:Thirty (30) feet to all roofs except gable and hipped roofs ,,.which may go to 35 feet . -4- (7389d) + 9 110 „ ..4-9110 . 5 .. ' (4) Windows and decks are permitted; no exterior stairways shall be allowed. (5) No bathroom facilities (i .e. , toilet, shower, tub) shall be permitted; plumbing shall be limited to a bar sink. Electrical outlets-ghall be limited to 120v. 1'hc P'XrSriXrlaJ/QduSaSYs��a'r6r1 'Zoning Administrator shall consider the fo`l.lowing guidelines in 0LAeZ9aCdA16A deciding such ,a request : . . (1) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents , or on surrounding property values . (2) The location, site plan and building design shall be harmonious and compatible with the streets , d,'rive' ways , property lines , and surrounding neighborhood . (3) The age and anticipated permanence of buildings bhi adjace'nt 'properties shall be considered . (4 ) . The Zoning Administrator shall consider .any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood . (Ord . 2837 , 16 Jul; 86) 9110 . 5 Maximum site coverage. Maximum site coverage shall be fifty (50) percent . Site coverage shall be as outlined in the definitions article . Exception: the maximum site coverage shall be fifty-five (55) percent for all lots abutting a park, recreation area, school; public waterway, or flood control or public utility right-of-way which is a minimum of one hundred (100) feet in clear width. (Ord. 2837, 16 Jul 86) t -5- (7389d) ATTACHMENT NO, 6 ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO, 90-64/ COASTAL DEVELOPMENT PERMIT NO, 90-34 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT N0, 90-64 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will have a detrimental effect upon the general health, welfare, safety and, privacy of persons working or residing in the vicinity and will be detrimental to the value of the property and improvements in the vicinity. 2. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 90-34 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 does not conform with the plans, policies, requirements and standards of the Coastal element . 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 is not consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property.- ATTACHMENT NO, 6 ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO, 90-64/ COASTAL DEVELOPMENT PERMIT NO 90-34 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44, will not have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 does not conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act. (8722d-10, 11) ,;onnie Brockway,City Clerk City of Huntington Beach Office of the City Clerk P.O.Box 190 T Huntington Beach,CA 92648 2 Lk( ' ' "``y \ ' ' ., C t�A--Pep re, 1V-'3 91-19 Arnold E. Spriro :4081 Morningstar Drive ING Huntington Beach, CA 92649 O V13 p R47 -'--:SPR1081-' :- 42b491008 IN 05/1_. RETURN TO SENDER NO FnRWAR0 ORDER ON FILE UNABLE TO FORWARD RETURN TO SENDER ppUNTY CP LEGAL NOTICE - PUBLIC HEARING %.,Vill low E31 V%.;r%vwoyl vlty vlvf f% ..... ------- (j7 City of Huntington Beach '�k;j4� `- Office of the City Clerk P.O. Box 190 L Huntington Beach,CA 92648 -q- ..:r.rwti a.�s•sa a.:azaaw+us.¢�sc�.a�,av::._�.,- `�--._�" .^—. � F Nk ,;,3-63-4 yr so hard & Haril, 4051 Ondine Circb? ING Huntington beach, CA 92649 NELSO.5 g264q1013 IN 0-V1 171R, ME UNABLE Tl:�11 - N--FXLrz UNABLE TO FOR;k ARD -N oQ RETU N TO st 06k LEGAL NOTICE - PUBLIC HEARING City of Huntington Beach Office of the City Clerk P.O. Box 190 V A 0�' Huntington Beach,CA 92648 C wt d?O 178-391-4 'T /o'p ld & Dorothy Wheeler o/ 7f-1 Sk'lva LVU01 Edgewater Lane po VIIING Pdmtington Beach, CA 92649 2X A r*Q1 qaM qTT3 IX R RETU R 0 FILE ItA 0 N13 FORWA UNASLS FORIVAR0 RETURN T13 SENDER.- i i:rAi KinTir.l: P1 IPI IP PPAPIKIr, y�o•'4�0 REQUEST FOR CITY COUNCIL ACTION May 20, 1991 Date Submitted to: Honorable Mayor and City Council Members T Submitted by: Michael T. Uberuaga, City Administrato GJ m . Prepared by: Michael Adams, Director of Community Developm MD mm Subject: APPEAL OF PLANNING COMMISSION'S DENIAL OF CONDITI0RMz USE PERMIT NO. 90-64 AND COASTAL DEVELOPMENT PERMIT Nq. 90-44 Consistent with Council Policy? [ ] Yes [ ] New Policy or Exception Statement of Issue, Recommendation,Analysis, Funding Source, Alternative Actions,Attachments: STATEMENT OF ISSUE' Transmitted for your consideration is an appeal by Mr. Michael D. Myers, to the Planning Commission' s denial of Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 , a request to permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to Section 9110 . 1(c) (2) of the Huntington Beach Ordinance Code. RECOMMENDATION• Planning Commission Recommendation: Motion to: "Uphold the Planning Commission' s denial of Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 by denying the appeal with findings as outlined in Attachment No. 1. " Staff Recommendation: Motion to: "Overturn the Planning Commission' s denial of Conditional Use Permit No. 90-64 and Coastal Development Permit No'. 90-44 by approving the appeal with findings and suggested conditions of approval as outlined in the Planning Commission staff report dated February 20, 1991. " (Attachment No. 6) PIO 5/85 Planning Commission Action on February 20, 1991 : A MOTION WAS MADE BY NEWMAN, SECOND BY ORTEGA, TO DENY CONDITIONAL USE PERMIT NO. 90-64 AND COASTAL DEVELOPMENT PERMIT NO. 90-44 WITH FINDINGS, BY THE FOLLOWING VOTE: AYES: Richardson, Newman, Shomaker, Ortega, Leipzig NOES: Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED Findings for Denial - Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 : (Attachment No. 1) ANALYSIS• Proiect Description Conditional Use Permit No. 90-64 in conjunction with Coastal Development Permit No. 90-44 is a request to permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to Section 9110. 1(c) (2) of the Huntington Beach Ordinance Code. The existing 3, 031 square foot two story single family residence consists of a living room, dining room, family room, kitchen, bathroom and 620 square foot three (3) car garage on the first floor. The second floor consists of three (3) bedrooms with bath and a master bedroom with master bath. The proposed third floor consists of the conversion of a second story roof deck into an enclosed 362 square foot loft with an opening below to the second floor. The overall remodel of the existing residence includes the extension of the family room, the enclosure of the third car garage space into a workroom, and the cantilever of the second floor landing area. The building height and third floor loft addition requires the discretionary review of the conditional use permit process . Analysis • The applicant is proposing to enclose an existing second story roof deck into a third story loft which will require the construction of a new roof and which will alter the existing roof lines . The new flat roof will raise the building height to approximately 30 feet. The existing roof has a building height of 26 ' -6" to the peak of the highest pitched roof . The minimal increase of the roof line of approximately 3 ' -6" ; the ability to maintain an overall building height of 30 feet, and the central location of the addition provides the appearance of a two story structure and, therefore, will be consistent with adjacent two story residences . RCA 5/20/91 -2- (9565d) Another concern which has been analyzed is a possible infringement upon the privacy of abutting residential structures . The applicant is providing windows for proper light, air and ventilation for the proposed enclosed structure. These windows are located on all four sides of the enclosed area but the windows which may affect any privacy to adjacent neighbors are located on the east (street side) and west (waterway) sides of the loft area. The remaining windows (north, south) are located on the portion of the enclosed area which is open to the second floor below and are not accessible for any viewing. The potential infringement of privacy has, therefore, been reduced to a negligible amount because the views associated with the windows will be of the street and waterway only. Huntington Harbour Code Committee: The Huntington Harbour Code Committee was formed as a result of concerns raised because of several proposed third story additions in the Huntington Harbour area. The Committee has met on several occasions and has proposed a code amendment which modifies Article 911. Please note that the code amendment is only a draft proposal and has not been fully recommended by the committee, nor fully analyzed by the Planning staff, Planning Commission or City Council and has not gone through the public hearing. process . The following are the suggested development standards for third story additions : (1) The third story loft shall not exceed the maximum height limits (25 feet) . (2) Third. floor loft area shall not exceed 12 . 5 percent. of the building footprint excluding the garage. (3) Third floor loft- area shall be fully within the confines of the roof. (4) Windows and decks are permitted; no exterior stairways shall be allowed. (5) No bathroom facilities (i .e. , toilet, shower, tub) shall be permitted; plumbing shall be limited to a bar sink. Electrical outlets shall be limited to 120v. In comparing the applicant ' s proposal, the third story loft addition deviates from the Code Committee' s recommendations in two areas . The first is that the proposed loft floor area exceeds the 12 . 5 percent (234 square feet) of the building footprint (1, 868 square feet) excluding the garage. The applicant is proposing a total of approximately 362 square feet of floor area. Secondly, the applicant ' s loft area requires the construction of a new roof and, therefore, is not fully within the existing roof line. In terms of compliance with the Committee' s recommendations, the applicant ' s loft complies with the height limits, allowance of windows, provides no exterior stairways and no bathroom facilities . RCA 5/20/91 -3- (9565d) Staff policy requires the applicant to submit written proof that the proposal has been forwarded to the applicable Huntington Harbour Homeowners Association for their review and recommendation. The Huntington Harbour Architectural Review Committee has reviewed the proposal and has not approved the plans as submitted. They have indicated that the third story is not permitted by their CC&R' s. The City, however, does not enforce CC&R' s. Analysis of Appeal : In the letter of appeal, Mr . Michael D. Myers cites several items of aggrievement. The items can be generalized into the following categories; 1) Architectural Compatibility, and 2) Findings of Fact. Each of the above ,arguments are discussed below: Architectural Compatibility The appellant in his letter of agreivement states that several false statements were made with regard to architectural compatibility. He notes the location of three (3) story residences on Morningstar Drive and the general location of three (3) story residences throughout the immediate area of the harbour. The appellant indicates that there are three (3) third story single family residences on Morningstar Dr. and that there are third story additions/homes within the immediate harbour area. Staff ' s research indicates one (1) third- story residence on Morningstar Drive (4192 Morningstar Drive) This third story residence consists of an addition which was approved in 1981 for a 91 square foot cupola. Additional research also indicates that there are existing three (3) story residences within the immediate area (Attachment #4) . It should also be noted that there are numerous third story single family residences in the overall Harbour area and the Harbour area is in a transition period of major remodeling. As noted in the aforementioned analysis, staff believes the applicant ' s third story loft generally complies with the proposed code amendment to permit third story loft additions, maintains an overall maximum height of 30 feet, and is centrally located on site. Therefore, the third story loft provides the general appearance of a two (2) story structure and will be consistent and compatible with the two (2) story residences in the neighborhood and the general Harbour Area . Findings of Fact The appellant in his letter of aggreivement states that the mandatory findings of fact for denial are erroneous and false. Staff believes that the necessary circumstances do exist to approve the applicant ' s third story loft. The proposed 362 sq. ft . third story loft will not be, 1) a detriment to the values of property and improvements, 2) is compatible with existing residences, 3) is properly related to street drives and other structures in the area and 4) is consistent RCA 5/20/91 -4- (9565d) with the goals and policies of the Huntington Beach General Plan which is to provide a wide variety of housing types in all areas of the city. In addition, the appellant notes that the mandatory findings of fact for denial of the coastal development permit are arbitrary and capricious . Staff again believes that the findings of fact for approval of the applicant ' s third story loft can be made. The third story loft conforms to the 1) plans, policies, requirements and standards of the Coastal Element which is to provide housing opportunities, 2) is consistent with the development standards and other provisions of the Huntington Beach Ordinance Code which permits third story additions, 3) is provided with existing infrastructure in a manner consistent with the Coastal Land Use Plan and 4) conforms with the access and public recreation policies of Chapter 3 of the California Coastal Act which is to provide access and scenic opportunities . Conclusion: In reviewing the appellant ' s letter of aggrievement and the third story loft proposal, staff believes that the applicant has generally met the current code requirements for a third story addition, has generally satisfied the requirements of the Huntington Harbour Code Committee and can support the mandatory findings of fact to approve the applicant ' s proposal . Staff, therefore, believes that the proposal is in keeping with the surrounding neighborhood and is not a detriment to the general health, safety, welfare and privacy of the surrounding residents . FUNDING SOURCE: Not applicable. ALTERNATIVE ACTION: The City Council may uphold the Planning Commission' s action on February 20, 1991 by denying the appeal of Conditional Use Permit No. 90-64 and Coastal Development Permit No. 90-44 with findings . ATTACHMENTS: 1. Findings of Denial 2 . Area Map 3 . Letter of Appeal dated received March 4, 1991 4 . Third Story - Area Map 5 . Minutes of the February 20, 1991 Planning Commission meeting 6 ._ Planning Commission Staff report dated February 20, 1991 MTU:MA:HF: lp RCA 5/20/91 -5- (9565d) 178- 39F THIS MAP WAS PREPARED FOR ORPG �Ss ONLY n .. THE ;i0T y ITC T O FOR 0... ^ L RiG`rl s NOTE: THE FOLLOWING LOTS HAVE ADJACENT WHARFAGE RIGHTS IN AN UNDEFINED AREA OF LOT "B" LOTS 63, 64,AND 67 TO 90 INC. 13 60 c, Q 76L g 39, 1 s, DRIVE POOR. LOT A 707.62' 29 I.70 AC. 63 G3� 10 y v _ �• 0 POR. LOT 9 WHARFAGE AREA 30 /.08 AC. (SEE NOTE) 3 69 28 0 �O 2is2, 67/,62' 79•58B, , c s 75 76 65 77 78 79 80 8/ 82 83 84 85 86 iz 87 T CT saw O 5° O O K 13 � Oo0 0 00 O O Ooy' O� oO 5° y �010 o IQ0 /0/ 74 12 3° a��, N oI 8 53 o yc C9 5 2• /02 4i 6G. , sq,2 �7 Gy g 99 /03; , O 12 % MORNING STAR a acr° O 98 /O4 �' 13 0 m k 00 0 I I y y Z°99 97 3° NO `O N . So' .. So Bo' o Q _ 9 O 1Q5 73 ► ��. 2 z°� l� , ss 6s• cz2s3e 57 0 6 14 \ y , 10 9 o a N ,o 4 O o 96 106 0 66 p 3 o 16A�O o /07 16 °o R1�f G 70 c' 69 68 67 O W 95 339 .O 65 73 9l 92 93 73.s2' 94 75.4r- /08 ear p` 17 3 ' �i5' 3 �i //3 //2 /// 'O. //03io4 /O�) 60' W �, 23 ^ 21 ,c N 20 0 8 ppPOR.L OT 63 67' si' 60 4/.62 BRANFORD 36 35 f . MARCH 1971 TR.NO. 5360 ' M. M. 200-6 TO /4 /NCL. � z NOTE - ASSESSOR'S BLOCK a ASSESSOR'S MAP i4 PARCEL NUMBERS BOOK 178 PAGE 39 r 34-90 SHOWN IN CIRCLES COUNTY OF ORANGE 1 1 } 1 - . rs P/ERHEAD LINE---*"., TRACT A POR.L0TA BUL4HEAD /NE srs s3' 28. es 70'2T s0'26 "25 " 24 50 23 Sal 22 so' 2/ so 20 k, GO'/9 ---0'/8 So'/7 � ° h �• y3, N M to ,� ^�� N� o 0 a, - i00 32 13 �40 soao' so' 3.36 AC. 30 -� s c��c� �313 BARONA LANE •� ` F 14014e.ae �r se' 80,iz O 30N0 � 6 n �3O 15 z2� 0' 15 16 "" a 68 T/ w 7' 69 '�p� � � �� ,gyp � 70�iy�� 2 v► � , ..a - 32 �90 17 O 66 h9 O n 18 1O 2z c_ '°y � 382 lob o 9 O THIS MAP WAS PREPARED FOR ORANGE : 34 ,o 19 �, � to O �- � 65 COUNTY AS ESSOP, 7PT DJRROSES ONLY 73O °y, 2 O THE ASSE SSr P, N!W, �,l1ARAI�Il FE,h$TO ITS ACCUIRACV C,!Gj; '} 11 r',ES ��f�`ti� i IA`91LITY ti9 - 64 ,00 FC4? (1'i�r'' i ISES 1110T.}() RE REPRODUCED 'c 36 21 (I 74 AI_I_ PIrN i a If'Sc;(iVl_I.i F 12 63 :�,MPVRiGH`i OP01W C01 10TV AS)S SSOR 1 olx`,n 0 37 22 O . S F9 " 38 23 - - 13 62 39 O _ ;NO. 50 6/ 20 : 40 25 14 4/ 26 _ / 42 27 2 NOTE- _ O LOTS /7 TO 47 INC. HAVE 43 c WHARFAGE RIGHTS IN A DEFINED AREA DF LOT niq 'q" AS SHOWN. 44 �.J o_ 45 QP, 0 �o.46 31 0 47 10 MARCH 1971 TR. NO. 5050 M. M. 191-39 TO 43 INCL. NOTE ASSESSOR'S BLOCK 3o ASSESSOR'S MAP PARCEL NUMBERS BOOK 178 PAGE 38 DO SHOWN IN CIRCLES COUNTY OF ORANGE NOTE: THE AREAS DASHED W/THIN LOT D" AfiRI'lgln pr�F.�!�.RED FOR 4RaN6E AND 400' CHANNEL (178-021-2) AND DESIGNATED BY ARABIC NUMERALS 7S - O5 .•, -�; AND LETTERS DELINEATE AREAS fHF '^'R �.'' �}� .� �Ati� ANSI I-IRRi.I-�TY WHICH ARE APPURTENANT AND ALLOCATED f1i .1(}, �JjI �S TO LOTS BEARING CORRESPONDING ITS L OT NUMBERS. FOR t)►��R USES. all7 �i� DE REPRI)DUCED. �\ 04 ALL RIGHTS RESERVED. L EGEND GOpYRIGHY ORANGE C,DUNTY ASSESSOR 1990 A_ AccEss wars D- DECK AND RAMP AREAS yyy"" S- BOAT SLIPS / �=/DO poi T %, W- WHARFAGE 32 O3/ 16moo. e2B 2B8 289 2B6287 v /-5$90 2B3 284 285 90 29/ $ EAST LINE OF 400' / rya O c 2 3/8 ��/ 282 7 8 O 10 I 1 12 CHANNEL DEEDED TO �.`\a O 15 Q h O O 60 0 2 b STATE OF CALIF. IN 142 O 33 �/ O m 20 u O 4 ro BOOK 636E PAGE 411 M' Z°a Xti } OF OFFICIAL RECORDS. \\p 3/9 14 �"' Coo DRIVE a O 329 SQa2' Ss' � \`a 144 O 0 0 1 13 `� HUMBOLDT �¢ a°e 74oe \\ah 320 P,"' 6� 7/OI 2310'1 l01• $$ a �P •h S 47 Q 4� ,y q LQ M102,41 •/ 200 / 3 /45 O 50 328 12 m s 43 m o O 45 46 ° /85 ' 6 w 26 ro h O 44A o o 29 ^ J 181 / 86 ro 314& h 61 /46 O O �/ 32/ > 28 V 9slo, m 183 184 �, 032` �I0 ��'� J�� O 327 I I ho >�0 64 /67 168 04� V h 42 ��.1822—D�/r�r -►-T lB7 ioo' V goo �9 L'� Q :t / \ 147 90 �O 322 25 0 4 s560 / /0 6 /s 1 a 2 0o /BD L yy y I �? h( � I° 49 60 T —� 31 boo 1 p I N1 m� b m m 19B 0 41 3 m a h 7 326 10 /63 :a \ 148 10 6.>> Fb' 0 24 \y"�/ e e v 1 e� u�r3 /69 �00' O 188 3 / 179 149 s m 323 �4�. 99.m7 0 32 3 m O• /97 a 3207 ply np N � 162 ti � m /ae Q Imo, .% / 3 4ps O 32 0 I \aA �h39zroso Z . y` \ . O90 h ® b /89 9571 0 tis 1450, • V �oS ra9O 177 sa a /6/ 97/39 17/ m //995/50 4 172 �so 6N 3 ' 1 BULKHEAD 190 9 ^ o 19. -18.os 0 3 _d ' LINE 71 �' WANDERER 3 — 3 m 5719 P.1N.60-15 160 �0 ^p POR. LOT C O '" 176 -40 1 m ar5 v M 3 Si IM1 5 +5 `I PAR. n 0 u a a, z9`0 21 oQ 64 — A25 ', 69 s o, . -2/-/6y 3'73 �5° ? g787 /793 so• 55 1a95'3p29 O 44.75 �� 9 N a ti5 2,5 �� .0 4 4.36 AC, 3v' 173 Ic sue' �4. £°q 3 P/ERHEAO �. a° PM. • 10-4 b L/NE +° , 1 ' O 56 194 '4 'a- p,90 (4 ti " 0 17 18 8 19 20 /59 \40 3 0 67 z�.o3 ^co /52 An 15 a 54 m° BULKHEAD L 5 /54 6z' 155 /56 157 80.2s' /SB4, u 545d r 174 ///' /75 Geso eQ maJ 192 91' 193 67 P/ERHEAD L IN / a POR. LO I D 1 1 65 POR.LO D 1 192-w I /93-W „ „ /53-W ^7 /54-W /54 W /5- W 157-W /58-W 2.25AC 174-W 1 /75-W POf� LOT D 368,a2' / 3om' ' o 37 NOTE: - PARCEL 178-053-65 /S A 2.25 AC. . / 38 i PORTION OF LOT 'D" LYING BELOW WHARFAGE, DECKS, SLIPS AND ACCEss , -- NOTE -ASSESSOR'S BLOCK A ASSESSOR'S MAP WAYS SHOWN ON THIS MAP PARCEL NUMBERS BOOK 17SPAGE 05 MARCH 1966 TRACT NO. 5481 M.M. 215- // TO 22 INC. SHOWN IN CIRCLES COUNTY OF ORANGE PARCEL MAP P.M. 60- 15 its ,•,;fin kA� ;:ca FO FOR ORANGE N y 1� C f„ !?-r nl)RpOSFS 0 COUNTY ASSESSORz' 178 — 0 6 TH+EpAS(S+MO�c��AAR SSI)PAES AN`�IA A TYO ITS ACCURACY NO 03 FOR OTHER USESN To 6E REPRODUCED. A &,GHTS RESERVED1W 0� �OPYRIGwT ORANGE COUNTY ASSESSOR 3// n 3 0 304 305 306 r°° 10307 �5• .� 3/O� 14 �• O 30/ 302 303 OD k � �0 298 299� 300 $ m 13 m2' rP 297 "O Q g (� 0 10 a 9 zo Q� may. O 0 DO 3 � 94 295 296 Q 5 6 \�o I I h 292 293 $ J $ O $ O O O \ry0 e� TRA T 0 0 g O r 30* 24"' I 5 O 0 4 O 5 moo" !oo 50 3 54°9 179t A 0 OL DT '5 a 4 O BUL EAD L/NE NUMB 7408 5, 50' �' 2° m 44 r 9' P/ RHEAD L/NE 50" O s6 39 �` ?oQ 46" h 41 42 43 $ 0 45 zo rz ti� 24 N 8 �. SO 2 so. O o ;� 20 m 8 21 22 p° 23 ui 24/ V 46 224 13 -4 A 243 24 4� 245 O s? � �� \ P O O /03' V g2 .' o ' O$204 /074 C.t' 220 m N V m.22/ 222 223 tia N Y i v yI M 2N 3ID�N3 VO 240 r r R9 24`374 7 O op2/ D2P2-D too, 203 aa.aa' 1�I —1 225 20/ 203-D 2/ 20/-DPOP-0� .24k"1a 2394,rl T. NI I T. I s3 ,o/4 ` / e 6 18 90.2G N LOT E 6 �o° / c� a I N E N I N 206 O W 22 2IB " 38 49 248 %l00 so.2 J 3 27 A�/ y 3 m 23B 6• !7 O 17 N W /.5/ AC L 227 0 N 207 2/7 N 3 37 237 'm h a5 BU HEAD L/NE 228 o /�' 2/6 2. 20B 36 N /oo' — 23 \ � 46' 3 a 94 /aoe' q vt 29 N a ioo' �%& /<'-"x'\ P/ HEAD LINE 229 BULKHEAD 209 2/5 h P L/NE 30' 2/0 2/4 23 N 3 O m 7810 234 O14 _ C A \ 23�ss' � ao- 34 '3ej . .�`�\s� NOTE" � r, r, , P/£RHEAD a rr �t'a, Soso' N ,p9043 2� THE AREAS DASHED WITHIN LOTS � AND d AND DESIGNATED BY ARABIC NUMERALS '� 12 m 13 y 52 c$ O ~ 42 33 aI r235-s AND LETTERS DELINEATE AREAS WHICH ARE APPURTENANT AND ALLOCATED TO 2// 2/2 69' /3 a�' `'e s" LL234ti^ LOTS BEARING CORRESPONDING LOT a m sue' 232 9�' ° 233 B/' NUMBERS. I' 11 1 2/2-W 'R 2/3-W \ 23/-W 1 232-W c POR.�LOT r�0" 233-W >rs POR.LOT D /.93AC. ^, ao6' S1 1 290,rs' LEGEND 3.2/A�/ FOR LOT "C o A - ACCESS WAYS D - DECK AND RAMP AREAS S - BOAT SLIPS W- WHARFAGE 38 60 NOTE. - PARCEL /78-062-52 /S A /.93 AC. PORT/ON OF LOT 'Drr LYING BELOW WHARFAGE, DECKS, SLIPS, AND ACCESS NOTE -ASSESSOR'S BLOCK a ASSESSOR'S MAP WAYS SHOWN ON THIS MAP. PARCEL NUMBERS BOOK 178 PAGE 06 MARCH 1966 TRACT NO. 5481 M. M. 215 - l/ TO 22 INC SHOWN IN CIRCLES COUNTY OF ORANGE w NOTE r THE FOLLOWING LOTS HAVE ADJACENT WHARFAGE RIGHTS /N AN UNDEFINED AREA OF .LOT to LOTS 2,3,5,6,AND 7 Z Q ,78_ 3 6 o W �� 9 TO 22 INC. J 24, 25, AND 26 3 5 J j Q p �� 28 TO 4l INC. W a / = /00 m v 43, 44, AND 45 y o 3 4 to 47 TO 60 INC. AND 6 __j v PHEL PS •o 1-4 NE 63.26 75,25 TR4CT 60 o Q ° � � °j I o 2 3 4 5 6 7 8 9 10 m I 2 3 \ 4 0 `�+ �► o D'Q/!�E a (D O O O O O O O O ° O O ° O 0 0 $ O, O 7 70' 267 266 1265 264 263 26 26/ Z60 259 258 70' Q 70' 257 256 1255 254, a �l 268 269 270 27/ 272 273 274 275 276 277 278 279 2B0 28/ QW 282 6iaa'25/ 0 m ' 20 ,0 19 18 17 16 15 14 13 12 o I I Q 18 .0 17 16 0 15 0 283 284 60 60 249 a2�a S 13 285 28s >o/o oof12 '' °4 s0. 1 60' rl 10 O ti O ° O EDGEWATER -9' 60' S0 top oa 80' �' .. Ste' 80' �O• (L 74' 6/' S"O' S/ 74' �e ti ° p �a cs Lq R. LOOT 63 a6 _ 17 ^ 18 19 O• �i 21 O 2 37 o O o O O �' 0 55 �� s3�• Sa s � I 0 h O O r\ a6' c0 lO STORM �I� ° /oo' 46 ` b O. O DRA/N.ESMT. I 42 ioo y¢' 27 23 a4' �o� 8 57 2 152 6/ �o' v o 16 45 44 43 ss'26 25 24ss' zz.e°" e3, 5��� c 58 ioo U b O /so 22 H V H 35 29� @2,16 so 2a 41 H z� 1m3p 47 4/ O2B22On� 7 5 460 0 (5 48 34 C. 42 ,� ; 100,oa a� �s3 4 b � 4o O O 29 so 2/ h 53 V OA I'n O b 59 h 14 ipo /oo Cr� ' ioo' 49 30' 3o O h 33 30 27 O b h s2 e6 61 C O b 39 /oo O i oo O /oo ~ 1 oc 5 ioo 13 H Q o �� 63 C : y \ 30' \ Q /00' 3p' Q t_t a ia94. a 3,4 50 O 32 H h 44 m �! W L.` 6 O se,s6 `M o Q ,•s 3/ 3.58 AC. /9 i7si 29.4d51 /2 0� cD u?F� - r r ?a 38 \ sc,ie a .ate Q0120, QU 57 .i.s Q �1 .,ei• of 96i c , _ 12 �► m H s a6• Y n PoR.LOT A H �a 4 •� ee ac a 62 a s.sr_ 83.so ^ co m b 26 31 m o C45 5/ h m m '� O CD cf� 7 \ rZ 0 9'� ", a9c 32 ` /B o "' m ` I I 37 - 'g' ao �z �2 /3 NO.5360 0 � C LLcl C i�` 30 30. 33 /7 46 32� 32 N N O 56 I° - 27 o O O �-'c �%U-) Q: 08 09 m t0 52 3s O 3 28 29 � tr� n o 49 i �� c�. 01' o �, n \. 47 co 48 o a 55 s % r `� C Q�. cat J 'R 6. R a0 d,ts ;P',b 0 cr Q � r_ u y sG' 5 Boa' 53 76' 30 35 too' 34 moo' x�! /6 /5 /oo' /430~'1 �- teats Q O V U 234 2 234' . ., Q' p POR. LOT 8 WHARFAGE AREA (SEE NOTE) �. c C W Cr. 0 C S b 38 37 NOTE -ASSESSOR'S BLOCK a ASSESSOR'S MA MARCH 1971 TR. NO. 5360 M. M. 4VO- 6 TO /4 /NCL. PARCEL NUMBERS BOOK 178 PAGE 36 e { SHOWN IN CIRCLES COUNTY OF ORANGE 31 60 39 . 36 % r POR.LOT B TRACT P/ERHEAD POR.LO A BUL HEA /NE �y am93• 28. es.7o'27 s0'26 25 24 so 23 Sa 22 sa 2/ SG 20 c0'/9 -'70'/8 -qO'/7 ° % II N Wi y ?"4' �' /00, N � � 33 32 13 w �� 5,,so Bozo' so' so �' co' so' so' 3.36 AC. �0 ���_ 'le 29 BARUNA LANE `ro �G'�F . .�.� p� .a 14 49.e9 �r SB• Bo,is• �, 'S a P. M. 134 / Ga' 16 68 7/ /07' 32 ,�0 17 f� O 66 a9. O A 18 33 tea, 18 '�� �o o_ �°y� 382 o► <<c` 9 2 THIS�a1AP WAS . ^RED �R ORANGE , PP�S._S ONLY ' 34 �o°' �o° O m� COUNTY ASSI_SSOP, f')�rJ� 1.1 O R �.ITEL AS TO �2 s5 . THE ASSE�SSM? ,, j`'.(� f;11A. �: . 10 T3 ,ob '35 _4GLITY ITS ACCURACY AI1 O20 _ ,S � FOR OTHER USES. NO'T )'0 RE REPRO)hCEI). 9 O - 11 64 �.'4 ,00 ALL RIGHTS RESERVED. 9c 36 21 `,•` nc COPYRIGHT ORANGE COUNTY ASSESSOR 1.99037 22 12 63 9 Y 38 23 62 s 13 39 O ,NO. 50 6/ 40 25 14 ►°o 4/ 26 _ 2 >; / 42 NOTE- LOTS 17 TO 47 INC. HAVE - 43 O WHARFAGE RIGHTS IN A �- DEFINED AREA OF LOT W' AS SHOWN. 44 O � �� v_ O o_ �0.46 31 0 9T MARCH /97/ TR. N0. 5050 M. M. /9/-39 TO 43 /NCL. NOTE - ASSESSOR'S BLOCK 3p ASSESSOR'S MAP PARCEL NUMBERS BOOK 178 PAGE 38 SHOWN IN CIRCLES _ COUNTY OF ORANGE _ i78g 3 THIS WQ PRFPAREO FOR()RMCIE COU�N ASSFSS�'� n�PT Pr) YS�NS TO THE �i0 1i,' , r. . ITS FOR � for AI_L RI�i�1 i � ' '`"' ,\S NOTE (cl(,�1'�'n����T 1�iAiv��' ""` V THE FOLLOW/NG LOrS HAVE ADJACENT WHARFAGE RIGHTS IN AN UNDEFINED AREA OF LOT „B" LOTS 63, 64,AIW 67 rO 90 INC. 13 60 105 Q /"_ /00, 7SZ 39• `o DRIVE POR. LOT A 707 6z' 29 /.70 AC. 63.a3, 1�5 9O 0 WHARFAGE ARE (SEE NOr£) B9 28 POR. LOTS 67i 6Z, 30 /•08AC. 79,53 72'y 73 67 76 65 77 f78 79 80 8/ B2 B3 B4 85 B6 s`''Z 87 '3'1 y 27 5 I I Q cPs 5'v.� O yi O y0 I �0� _a 10 a f► J' T CT [7-4 13 14 15 0 16 17 18 19 21 22 Oo 0y �°' \ zz 9I 0 �I O 6 O �� /O/66.IQ 0 ash, o of r 58• O $ Z'Z /02 1 4 so' Q! SA,z' 6G.�•�� G5 8 99 /03, .� YO so' o n1 O MORNING STAR a ac° O 98 /O4 13 0 II ` N o f o g 30 NO. 60 ° °3 `l9 % 1° so ao 5� Z O 97 105 0- �i o `" Q 73 1 '�� �7 29 2°� lV �, ss 6 s' c2 2s39 ,0 94 10 ;" N R, 4 o Q P O5 96 /06 15 0�I O O p O O O11 66 ic�o' v� lO `0 O 0 O p O `� �5/��r 6/07At 2 7/ 9�' 70 60' 69 68 67 O W �`, 95 ,N a . 9 6 Q 73' 9/ 92 93 7S,52' 94 7S/Osa�: l08�1 /13 //2 4 r 18 9 0 64 p 23 0 22 ^ 21 ,o N O o 19 6� 41 POR107*63 , W v o 0 6O o �. I b 2 si' 60 2' 67 /o D J 36 $ BRA NFORD 35 MARCH 1971 TR.NO. O M. M. 200-6 TO /4 INCL. = NOTE - ASSESSOR'S BLOCK 8ASSESSOR'S MAP PARCEL NUMBERS BOOK 178 PAGE 39 - SHOWN IN CIRCLES COUNTY OF ORANGE iNIS^rr�:!`vlra.(; ?,!'gE) FOR(!p-NGE ' ANC COI.I iY PI Pf1�FS r� �., Ip ONLY 1. THE A,:,►_..,.,(?,, ;.�r�: �- � 0 GUAWOVVE ,IS ro 178 -6 0 bo ITS S ACCiI1, llo !;;.nr v , ITY FOP, O"FH R USES No l 0 RE REPRODUCED u, ALL RIGHTS RESERVED i"=ioo' PAGE I OF 2 YBRpOK 39°.38' R nCOPYRIGHT ORANGE COUNTY ASSESSOR 1990 SA HgRBou UJ �qNE 3o T RAC T 3 4693 (( a 6° ip3 30 A C � �b5 11 0 95, � o• 5a• yZ J 9 O �30/e. 53 49so. SEE PAGE 2 600 N D O LOT C o. rn A N 8.90 AC. N �I SINE PIERNEgD cNANNEI. a� � 588•bl 150 CL 510 6 '99. 06 y'Q�L 2F< NO. 963 MARCH 1972 TRACT NO. 5963 M.M. 289-48,49,50 NOTE ASSESSOR S BLOCK & ASSESSOR'S MAP PARCEL NUMBERS BOOK 178 PAGE 60 SHOWN IN CIRCLES COUNTY OF ORANGE r _ ® JJ JJ Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 February 22 , 1991 Michael Myers/Rene Davids 10861 Cherry, #106 Los Alamitos , CA 90720 SUBJECT : CONDITIONAL USE PERMIT NO. 90-64/COASTAL DEVELOPMENT PERMIT NO. 90-44 REQUEST: To permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft . LOCATION : 4002 Morningstar Drive (Huntington Harbour) DATE OF ACTION : February 20 , 1991 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 90-64 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity and will be detrimental to the value of the property and improvements in the vicinity. 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not properly related to the streets , drive and other structures and uses in the vicinity in a harmonious manner . 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not consistent with the goals and policies of the Huntington Beach General Plan . 5 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not consistent with existing residences on Morningstar Drive which are all two story exclusively. Conditional Use Permit No . 90-64/ Coastal Development Permit 90-44 Page Two FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 90-34 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed .by Coastal Development Permit No . 90-44 does not conform with the plans , policies , requirements and standards of the Coastal element . 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 is not consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 , will not have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 does not conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act . I hereby certify that Conditional Use Permit No . 90-64 and Coastal Development Permit No . 90-44 were denied by the Planning Commission of the City of Huntington Beach on March 20 , 1991, upon the foregoing findings . Sincerely, Mike Adams , Secretary Planning Commission by: Hal Simmons Senior Planner (8805d-16 , 17) Rl ti^ .// ';•'`/' J I RHAPSODY DR — l �2 ;RI [:Rl RI-CZ z RI �':•j- I:i h4lNrfi NE'f.-.... RI RI-CZ OAHU OR, „ore RF nm DR Rl RI u = RI I % I�. R I �v�— ----- u SCENARIO DR, J /I 1 MH is•'� r...i Y I I:A� 11 .I.....0 D - RI—CL — -- I ---- — DI R2 g R2 WR-CZ-FP2 /:M M HEII. ��—__— AVE — �, /ems R3 '+t• NJO•JR'll'w�• 'lla'AIG"•+] / CHRISTIAN. RAr loo.00 R2 3762 /. K2 .,, R2 gL�a R2 R3 C4 / eraraa; CF-R� ,RI Z I -J o0o Y• woRraRo s "G� ' EJ; R2;sEi'" auoocR DR RI-CZ i �\ °P. =`,•, A•PPAINIJ DR. rICNWICK[ CR '- - 1RANFORO G� iU�'NIIa0w1-'DA'.: w]iA OR NEE P, RI-CZ El\" Da CF-R R2 . R3 z R2 „ R2 R2 , R2 R 2���R2 R2m p, o....,, f 1 R2 R2 i o RI-CZ ON OO '� EARCE ST, rrr,AR cR Ph. R\"G7. °F,GA '.ii:rr'vooi;c.;.; >5 — RI-CZ ys i1i DALE OR. c/WH-cz-f P2 ,MpN N I R3 T• ` R2 R2 R2 R2 R2 w R2 N R3 { R WALK DR R I-CZ R l RI-CZ Z 1 P-C'FPi 3 by n RI-CZ ri RI-CZ u:RI-G Y� 90I I _.—_.--. NIL I .—._.... MILO 5T. R3 J00! U /�'..RICZ c RI CZ � x v4-CZ Y - C. U I DAVENPORT CJ j i I I1 crud[ c IIO' • / R3 R3 R 3 R3 i e z �- 0 3 R J( U Z Y C 2 � U 2S N DR. Z J Z WO m O _ _ [ U ¢ 1� J I mu RI-CZ CUP 90-64/CDP 90-44 1 1 HUNTINGTON BEACH ;•] yFr„ I�II? .( ^� HUNTINGTON BEACH PLANNING DIVISION jv RECEIVtb CITY CLERK 1.;•TY Of APPEAL OF DENIAL, OF CONDITIONAL USE PERMIT ftU.liTl(`':?r.':i' If. AND COASTAL DEVELOPMENT PERMIT TO HUNTINGTON BEACH CITY COUNCIL ` bis is an appeal from the Huntington Beach Planning Commission's denial of a Conditional Use Permit and Coastal Development Permit to add a partial third-story loft to applicant's two-story single family residence located at 4002 Morningstar Drive in the Iuntington Harbour area of Huntington Beach. The Planning Com(tission voted 5 - 1 in its denial of the application. The February 20, 1991 staff report of the Huntington Beach Department of Community Development recommended approval of the Conditional Use Permit ( copy o.f' the Staff Report is attached hereto for the Council's convenience) . The Community Development Staff concluded upon reviewing applicant's proposal that the ciu:rent code requirements for a third-story addition had been met and that the proposed rec{ui.rements of the Huntington Harbour Code Committee, which have not yet been adopted, were generally satisfied. The staff concluded that the proposal was "in keeping with the surrounding neighbor- hood and is not a detriment to the general health, safety, welfare and JD of the surrounding residents." . instead of following the reconmendat_ion of the Staff Report to approve the application, the Planning Commission denied it based upon a finding that such an addition would not be consistent with the existing residences on Morningstar. Drive which are all two-story exclusively (See finding No. 5 for Denial-Conditional Use Permit No. 90-64) . TIIIS FAC71UAL FINDING IS ERRONEOUS. ------ ----This mistake of fact resulted from the only opposition to U e Conditional Use Permit application which was made by the Huntington harbour Property Owners Association ("HHPOA") . Mr. Joe Rosen of HHPOA appeared at. the Planning Commission hearing and erroneously testified that if applicant's Conditional Use Permit was approved, applicant would have the only three- story on Morningstar Drive and would be the only three-story house in the area adjoining or surrounding Morningstar Drive. THIS HHPOA CLAIM IS SIMPLY FALSE. --� ----- There are no less than five three-story homes in the immliate area of this applicant 's home; there is one three-story home at 4192 Morningstar Drive and at least two other three-level homes at 4122 and 4182 Morningstar_ Drive. A complete listing of all three-story homes in the vicinity of this applicants home will. be presented to .the Council at the time of the hearing. Con't . 2C� 3 Appeal of Denial of Cond. Use Permit Page T 2 & Coastal Development Permit 4002 .Morningstar Dr. No less than three of the five Commissioners who voted against the Conditional Use Permit based their rejection solely on the basis of the erroneous finding that there are no other three-story homes in the immediate area of this applicant's residence. For example, Commissioner Leipzig stating that he had voted in favor of the last .couple of Conditional Use Permit applications for three-story additions in the Huntington Harbour area explained that he was voting against this application since there were no other three-story homes already in existence in the iirmediate area of the applicant's residence as there had been in the other cases. At the hearing, Commissioner Richardson questioned the staff meirber in attendance, Mr. Herb Fauland, concerning the staff's finding for approval set out on page 6 of the Staff_ Report which stated that the proposed third story addition was compatible with existing or propsed uses in the vicinity. Commissioner Richardson noted that Mr. Rosen had testified that there were no other three-story homes on Morningstar. Drive or in the adjoining or surrounding area. Mr. Fauland stated that while the term vicinity was vague, the staff looked at abutting neighboring streets. He stated that there were a number of three-story homes throughout Huntington Harbour but could not recall any located around the specific area of the applicants home. As set out herein, and will be more fully presented at the hearing of the City Council, there are a substantial number_ of three-story homes located in the immediate vicinity of the applicants home, not to mention the remainder of Huntington Harbour. Commissioner Newman, who indicated that she lived in the Huntington Harbour area and that her own home was blocked by a four story building, voted to deny the Conditional Use Permit because she was concerned with the "integrity of the area" and that the proposed third-story addition would not be consistent with the other homes in the area. At the Planning Commission hearing, Comnissioner Leipzig requested that finding No. 5 (the proposed "addition is not consistent with the existing residences on Morningstar Drive which are all two-story exclusively") be inserter: with the other "boilerplate" findings. for denial. Commissioner Leipzig's reference to findings 1 through 4 for denial of the Conditional Use Permit as "boilerplate" was particularly appropriate in this case as demonstrated by the Staff Report. The Staff Report revealed the inaccuracy and inapplicabili ties of those findings to the applicants proposed addition as reemphasized by Mr. Fauland's testimony at the Planning Commission hearing. Mr. Fauland pointed out that the applicants residence was dead-center at the end of a cul-de-sac and that the partial three-story addition would be centrally located on the residence and that the residence would set back 45 feet from the property line. Mr. Fauland also noted that the Con't. . . r Or n Appeal of Denial of COL.' Use Permit Page 3 & Coastal Development Permit 4002 MorningM' -Dr. addition was within the maximum height requirement. Therefore,. the proposed addition did not block anyone elses view or sunlight. Additionally, Mr. Fauland noted that the windows for the proposed addition would be located in such a way as to maintain the privacy pf the adjacent neighbors. These findings of the staff committee directly contradict findings for denial numbers 1 through 4. Furtherimre, as the Staff Report, itself, points out, the minimal increase of the roof line in the center location of the addition would provide the appearance of a two-story structure. Therefore, the addition will be consistent with the adjoining two-story residences. Mr. Fauland reemphasized this at the planning commission hearing when he reminded the Planning Commission that the proposed addition was for only a partial third story and that the proposed addition was not detrimental to the general health, safety, welfare and privacy of the surrounding residences and was compatable with the surrounding areas. Neither the basis nor the findings .for denial of the Coastal Development Permit were addressed at the Planning Commission hearing. These findings are not based in fact and, therefore, are arbitrary and capricious. The Staff Report specifically addressed the matters raised in these findings and found the exact opposite to be true (See 5.0 of the Staff Report, page 3) . .It is clear that but for the mistaken representation by the Huntington Harbour Property Daners Association that -there are no other three-story homes on Morningstar Drive or in the surrounding area that no less than Ulree of the coin rdssioners who voted for the denial of the Conditional Use Permit would have instead followed the recommendation of the Staff Report- to approve the proposed addition submitted by the applicant. Applicant hereby respect- fully requests that the City Couilcil reverse the denial_ of the Conditional Use Permit and Coastal Development Permit since this was based upon a mistake of material fact as demonstrated herein. Sincerely, AIII Michael D. Myers 4002 Morningstar Dr. Huntington Beach, CA �/9 kin-, AM 1 �• NpdN� ti° trl. o s -In //(D'�� \\ .E 0�- 1 \ Rr(j'y0•Y/�V - --(= r(II I. L - - ILIA - - - , � � Si1lE5 CR �.L E. of DEDF / r ..- •. 1 �:: (:-� ` .�.-- .)•,. ��._ ! .. I I .,l�. Fill1_ yw]� —T4- A MOTION WAS MADE BY LE G, SECOND BY NEWMAN, TO CONTINUE CONDITIONAL USE PERMIT N 0-66 WITH SPECIAL PERMITS/COASTAL DEVELOPMENT PERMIT NO. 90 AND TENTATIVE PARCEL MAP NO. 90-392, TO THE MARCH 5, 1991 PLANNING ISSION MEETING, IN ORDER FOR THE APPLICANT TO SHOW THE SETBA ND SUPPORT SPECIAL PERMITS, BY THE FOLLOWING VOTE: AYES : Richardson, Newman, S ker, Kirkland, Ortega, Leipzig NOES: None ABSENT: Bourguignon ABSTAIN: None MOTION PASSED B-6 CONDITIONAL USE PERMIT NO. 90-64/COASTAL DEVELOPMENT PERMIT NO. 90-44 : APPLICANT: MICHAEL D. MYERS/RENE DAVIDS LOCATION: 4002 Morningstar Drive (Huntington Harbour) Conditional Use Permit No . 90-64 in conjunction with Coastal Development Permit No . 90-44 is a request to permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to Section 9110 . 1(c) (2) of the Huntington Beach Ordinance Code. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No . 90-64 and Coastal Development No . 90-44 with findings and suggested conditions of approval . THE PUBLIC HEARING WAS OPENED. Pam Myers, 4002 Morningstar Drive, stated she was available to answer any questions the Commission may have. Ms . Myers stated that there were many three (3) story homes in the neighborhood. Joe Rosen, 16915 Edgewater Lane, spoke in opposition to the request . He stated that a poll had been taken within the neighborhood and 90% of those asked did not want three (3) story homes . Charles Bohle, 16431 Barnstable Circle, spoke in opposition to the request . He submitted a copy of a poll taken by the Homeowner ' s Association with the majority being against three (3) stories . THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE ii REQUEST AND THE PUBLIC HEARING WAS CLOSED. I PC Minutes - 2/20/91 -17- (9164d) The Commission discussed the fact that the CC&R' s do not allow third stories and also there are currently no third stories on that street. They also felt the findings for denial could be strengthened by including the fact that there are no third stories f on the applicant ' s street . , A MOTION WAS MADE BY NEWMAN, SECOND BY ORTEGA, TO DENY CONDITIONAL USE PERMIT NO. 90-64 AND COASTAL DEVELOPMENT PERMIT NO. 90-44 WITH FINDINGS, BY THE FOLLOWING VOTE: AWES : Richardson, Newman, Shomaker, Ortega, Leipzig NOES : Kirkland ABSENT: Bourguignon ABSTAIN: None MOTION PASSED FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 90-64 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity and will be detrimental to the value of the property and improvements in the vicinity. 2 . The proposed addition to an existing two story single family \ residence with a third floor 362 square foot loft is not \\ compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single. family residence with a third floor 362 square foot loft is not properly related to the streets , drive and other structures and uses in the vicinity in a harmonious manner . 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not consistent with the goals and policies of the Huntington Beach General Plan . 5 . The proposed addition to an existing two story single family . residence with a third floor 362 square foot loft is not consistent with existing residences on Morningstar Drive which are all two story exclusively. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 90-34 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 does not conform with the plans, policies, requirements and standards of the Coastal element . PC Minutes - 2/20/91 -18- (9164d) Y 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 is not consistent with the CZ suffix, low density residential development standards , as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 , will not have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 does not conform with the public access and public recreation policies of Chapter 3 of the California Coastal Act . B-7 CODE AMEND NO. 90-8 : APPLICANT: TINGTON BEACH AUTOMOBILE DEALERS ASSOCIATION LOCATION: Al utomobile dealership ' s located on Beach Bou and Code Amendment No . 90-8 a request for an amendment to Article 961 Signs, to allow automobil ealerships on Beach Boulevard to fly 18" helium balloons on all we ds, large inflatables for a maximum of. twelve weekends per year, a to display flags, banners, pennants and car top .signs year roun rsuant to Section 9610 . 9 of the Huntington Beach Ordinance Co STAFF RECOMMENDATION: Staff recommends that the Planni ommission approve Code Amendment No . 90-8 with findings and forwar City Council for adoption. Commissioner Richardson requested t metallic balloons be eliminated in the ordinance. Staff a ed . THE PUBLIC HEARING WAS OPENED. Rich Evans, President Huntington Beach A Dealers Association, stated that the auto dealers have formed association in harsh economical times . Mr . Evans stated that 7 f business comes from impulse buying and since the loss of balloo business has decreased significantly. He also said that are currently working on long range goals but urged the Co ion to approve the request. PC Minutes - 2/20/91 -19- (9164d) - y 5 huntington beach department of community_deve'lopment STA f f REPOR11 TO: Planning Commission ' FROM: Community Development DATE: February 20, 1991 SUBJECT: CONDITIONAL USE PERMIT NO. 90-64/COASTAL DEVELOPMENT PERMIT NO. 90-44 APPLICANT/ Michael Myers/Rene Davids DATE ACCEPTED: PROPERTY 10861 Cherry, #106 February 8, 1991 OWNER: Los Alamitos, CA 90720 MANDATORY PROCESSING DATE: REQUEST: To permit the conversion April 9 , 1991 of a second story roof deck into an enclosed ZONE: R1-CZ (Single Family 362 square foot third Residential-Coastal Zone) story loft . GENERAL PLAN: Low Density LOCATION: 4002 Morningstar Drive Residential (Huntington Harbour) EXISTING USE: Two. Story ACREAGE: . 12 (± 5, 118 square feet) Single Family Residence 1 . 0 SUGGESTED ACTION: Approve Conditional Use Permit No. 90-64 and Coastal Development No . 90-44 with findings and suggested conditions of approval . 2 . 0 GENERAL INFORMATION: Conditional Use Permit No. 90-64 in conjunction with Coastal Development Permit No. 90-44. is a request to permit the conversion of a second story roof deck into an enclosed 362 square foot third story loft pursuant to Section 9110 . 1(c) (2) of the Huntington Beach Ordinance Code. A-F M-23C .Y � 3 0 SURROUNDING LAND USE ZONING AND GENERAL PLAN DESIGNATIONS: Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1-CZ (Low Density Residential-Coastal Zone) LAND USE: Two Story-Single Family Residential North, East and South of Subject Property: GENERAL PLAN DESIGNATION: Low Density Residential ZONE: R1-CZ (Low Density Residential-Coastal Zone) LAND USE: Two Story-Single Family Residential West of Subject Property: GENERAL PLAN DESIGNATION: Open Space-Water ZONE: WR-CZ-FP2 (Low Density Residential- Coastal Zone-Floodplain) LAND USE: Waterway 4 . 0 ENVIRONMENTAL STATUS: The proposed project is categorically exempt pursuant to Class 1., Section 15301 of the California Environmental Quality Act . 5 . 0 COASTAL STATUS: The proposed remodel and addition to an existing two story single family residence is located within the appealable area of the coastal zone. Therefore, Coastal Development No . 90-44 has been prepared in conjunction with Conditional Use Permit No . 90-64 . Prior to any action on Conditional Use Permit No . 90-64 , it is necessary for the Planning Commission to review and act on Coastal Development Permit No . 90-44 . Coastal Development Permit No . 90-44 .may be approved or conditionally approved only after it has been found to be in conformance with the Coastal Element of the General Plan by making the following findings : (a) LUP. That the development project proposed by the coastal development permit application conforms with the plans, policies, requirements and standards of the Coastal element; (b) Zoning Regulations . That the coastal development permit application is consistent with the CZ suffix, the base zoning district or specific plan as well as other provisions of the Huntington Beach Ordinance Code applicable . to the property; (c) Adequate Services . That at the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with C-LUP; Staff Report - 2/20/91 -2- (8722d) (d) California Coastal Act . That the development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act . The proposed project, as submitted, conforms with the above requirements as follows : The project complies with the development standards contained within the Huntington Beach Ordinance Code, is consistent with the Coastal Land Use Plan permitting low density residential on the site, already has adequate infrastructure as the subject property is within an existing tract with infrastructure in place, and complies with the public access and public recreation policies of Chapter 3 of the California Coastal Act since no coastal access exists at the site presently nor will exist after construction of the proposed project . 6 . 0 REDEVELOPMENT STATUS: Not applicable. 7 . 0 SPECIFIC PLAN: Not applicable. 8 . 0 SUBDIVISION COMMITTEE: Not applicable. 9 . 0 ISSUES AND ANALYSIS: The existing 3 , 031 square foot two story single family residence consists of a living room, dining room, family room, kitchen, bathroom and 620 square foot three (3) car garage on the first floor . The second floor consists of three (3) bedrooms with bath and a master bedroom with master bath. .The proposed third floor consists of the conversion of a second story roof deck into an enclosed 362 square foot loft with an opening below to the second floor . The overall remodel of the existing residence includes the extension of the family room, the enclosure of the third car garage space into a workroom, and the cantilever of the second floor landing area . The building height and third floor loft addition requires the discretionary review of the conditional use permit process . The following is a zoning conformance matrix which compares the . existing single family residence and proposed addition to the development standards of the Low Density Residential (R1) District: Section Issue Required Proposed 9110 . 2 Parcel size 6, 000 5, 118 sf (exist. ) Frontage 45 feet 30 feet (exist . ) Cul-de-sac 9110 . 3 Density 1 unit max. 1 unit 9110 .4 Bldg . height Max. 25 feet 30 feet* _ Two story Three story* *Conditional use permit required. Staff Report - 2/20/91 -3- (8722d) Section Issue Required Proposed 9110 . 5 Max. site coverage 55%/2, 814 sf 50%/2, 559 sf 9110 . 6 Front yard setback 22 feet min. 21 feet (exist . ) 9110 . 7 Side yard 5 feet min. 5 feet setback 9110 . 8 Rear yard setback 5 feet min. 5 feet 9110 . 9 Open space exempt N/A 9110 . 10 Parking Two covered Two Covered The Planning Commission shall consider the following guidelines when considering the request for a third story addition: (a) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents, or on surrounding property values . (b) The location, site plan and building design shall be harmonious and compatible with the streets, driveways, property lines, and surrounding neighborhood . (c) The age and anticipated permanence of buildings on adjacent properties shall be considered. (d) The Commission shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood. Analysis : The applicant is proposing to enclose an existing second story roof deck into a third story loft which will require the construction of a new roof and which will alter the existing roof lines . The new flat roof will raise the building height to approximately 30 feet. The existing roof has a building height of 26 ' -6" to the peak of the highest pitched roof . The minimal increase of the roof line of approximately 3 ' -6" ; the ability to maintain an overall building height of 30 feet, and the central location of the addition provides the appearance of a two story structure and, therefore, will be consistent with adjacent two story residences . Another concern which has been analyzed is a possible infringement upon the privacy of abutting residential structures . The applicant is providing windows for proper light, air and ventilation for the proposed enclosed structure. These windows are located on all four sides of the enclosed area but the windows which may affect any privacy to adjacent neighbors are located on the east (streetside) and west (waterway) sides of the loft area. The remaining windows (north, south) are located on the portion of the -enclosed area which is open Staff Report - 2/20/91 -4- (8722d) to the second floor below and are not accessible for any viewing. The potential infringement of privacy has, therefore, been reduced to a negligible amount because the views associated with the windows will be of the street and waterway only. Huntington Harbour Code Committee: The Huntington Harbour Code Committee was formed as a result of concerns raised because of several proposed third story additions in the Huntington Harbour area . The Committee has met on .several occasions and has proposed a code amendment which modifies Article 911 (Attachment #5) . Please note that the code amendment is only a draft proposal and has not been fully recommended by the committee, nor fully analyzed by the Planning staff, Planning Commission or City Council and has not gone through the public hearing process . The following are the applicable code proposals for third story additions : (1) Twenty-five (25) feet and maximum two (2) stories . In no case shall the second story plate height exceed twenty-three (23) feet and the highest point of the roof exceed thirty (30) feet . Exception by Use Permit . A third floor loft may be permitted subject to the approval of a use permit with the following limitations : (1)" The third story loft shall not exceed the height limits as stated herein. (2) Third floor loft area shall not exceed 12 . 5 percent of the building footprint excluding the garage: (3) Third floor loft area shall be fully within the confines of the roof . (4) Windows and decks are permitted; no exterior stairways shall be allowed. (5) No bathroom facilities (i .e. , toilet, shower, tub) shall be permitted; plumbing shall be limited to a bar sink. Electrical outlets shall be limited to 120v. In comparing the applicant ' s proposal, the third story loft addition deviates from the Code Committee ' s recommendations in two areas . The first is that the proposed loft floor area exceeds the 12 . 5 percent (234 square feet) of the building footprint (1, 868 square feet) excluding the garage. The applicant is proposing a total of approximately 362 square feet of floor area . Secondly, the applicant ' s loft area requires the construction of a new roof and, therefore, is not fully within the existing roof line. As noted Staff Report - 2/20/91 -5- (8722d) earlier, the proposal does stay within the maximum height limit . of 30 feet to the peak of the highest pitched roof and. subsequently maintaines the maximum height of any proposed two story residence. In terms of compliance with the Committee ' s recommendations, the applicant ' s loft complies with the height limits, allowance of windows, provides no exterior stairways and no bathroom facilities . Staff policy requires the applicant to submit written proof that the proposal has been forwarded to the applicable Huntington Harbour Homeowners Association for their review and recommendation. In this case, the applicant submitted the proposal to the Huntington Harbour Property Owner Association Architectural Review Committee (see Attachment No. 4) . The Architectural Review Committee has reviewed the proposal and has not approved the plans as submitted. They have also indicated that the third story is not permitted by their CC&R' s . The City, however, does not enforce CC&R' s . Conclusion: In reviewing the proposal, staff believes that the applicant has met the current code requirements for a third story addition and has generally satisfied the requirements of the Huntington Harbour Code Committee. Although the proposal does not fully meet the Code Committee ' s standards, it must be noted that the standards are not yet adopted. Staff also believes that it does meet the general intent of the Committee ' s standards . Staff, therefore, believes that the p-roposal is in keeping with the surrounding neighborhood and is not a detriment to the general health, safety, welfare and privacy of the surrounding residents . 10 . 0 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 90-64 and Coastal Development No. 90-44 with the following findings and suggested conditions of approval : FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO, 90-64 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will not have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity or will not be detrimental to the value of the property and improvements in the vicinity. 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner . Staff Report - 2/20/91 -6- (8722d) 6 :' 4 . The proposed addition to an existing two story. single family residence with a third floor 362 square foot loft is consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 90-34 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 conforms with the plans, policies, requirements and standards of the Coastal element . 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 is consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 , will have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 . square foot loft as proposed by Coastal Development Permit No . 90-44 conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act . CONDITIONS OF APPROVAL: 1 . The site plan, floor plans, and elevations received and dated January 8, 1991 shall be the conceptually approved layout . 2 . Prior to submittal for building permits, the applicant/owner shall complete the following: a . Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low-volume heads shall be .used on all spigots and water faucets . b. If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . c. Elevations shall depict colors and building materials proposed. Staff Report - 2/20/91 -7- (8722d) d. The site plan (or reference page) shall include all conditions ,of approval imposed on the project printed verbatim. 3 . Prior to issuance of building permits, the applicant/owner shall complete the following: a . All applicable Public Works fees shall be paid. b. The property owner shall sign, notarize, and record with the County Recorder a "Letter of Agreement" assuring that the single family residence will be maintained as one (1) dwelling unit . 4 . The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department . 5 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 6 . Construction shall be limited to Monday - Saturday 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . 7 . Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a . All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 8 . The Planning Commission reserves the right to revoke Conditional Use Permit No . 90-64 and Coastal Development Permit No. 90-44 if any violation of these conditions or the Huntington Beach Ordinance Code occurs . 9 . This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder ' s Office, and returned to the Planning Division; and until -the ten day appeal period has elapsed. 10 . Conditional Use Permit No . 90-64 and Coastal Development Permit No. 90-44 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. Staff Report - 2/20/91 -8- (8722d) N _ 11 . 0 ALTERNATIVE ACTION: The Planning Commission may deny Conditional Use Permit No . 90-64 and Coastal Development Permit No. 90-44 with findings . ATTACHMENTS: 1 . Area -map 2 . Narrative 3 . Site plans, elevations , and floor plans dated January 8, 1991 4 . Letter from Huntington Harbour Property Owners Association dated January 2 , 1991 5 . Proposed Code Revision 6 . Alternative Findings for Denial HS:H kj1 Staff Report - 2/20/91 -9- (8722d) C2 j Ill_ RI fff Maul CR. RHAPSODY OR — RI RI J RI RI x 7, I:i MONIFNF.Y.... C; Gti WR-a-rr_ RI-CZ „oPEREnA DR - OAHU -- OR. RI o RI RI DR g i 3 �� SCE Nafl10 DR. N M H RI-CZ o i a, i -Fis'xFA1 D� R 2 R 2 c4 IL � cI - - --- — -------- - --- r_J I . WR-CZ-FP2 /'.M M Heu: — „r / x]D a�>•,` -'- �CR3 CHM TLT Dar 10000 - ';',"'4;NuL'.t°r• Co . � CF-E.,....,,_ R2 R3 s:�, R2 ^ffYR5 R2 F 3ersir:e:i RI �oxmnn s, G'I f� �D 1 R2 RUDOER nx RI-CZ i FLU oa' -�.,, A^cc xrccr a'RNnIXI DR. PICKWILK CR L,la - RANFONOwSTA DR .Gti NEF cR. RI-CZ Ft� oa CF—R R2 / ox�R N tPr'y R 3 R2 R2 R2 = R2 tRlR�SirF:p �/UR2 _ i ' R2 R2 R z I-c N G-L OOd il; p5 FE•HCE O ST, nDaR cR PA RI-CZ DALE DR. ti�•.Y.::A ti, �WR CL'f R�,G2 a. "K DR R2 I R2 R2 R2 R2 N R2 w R3 I RI-CZ N R I-cL / Q7 R R RI-CZ R-C'FP. t�zRhCZ 1 1, ! MILD ST MILD ST.f"4-CZ R3 ]ooe RI c� I = i''R}CZ AV Y I rMRIF CR V. I DAV NPOHI _. Z � ., IIO I RI-CZ o N r j 5 R3 o R3 R3 R3 = R3 N ¢ N N ¢ N * r O OR.O C 2 I m w rc N 1 O 1. �v' -5; W Fr wuAusDR DR.0 a g - -RI-CZ I CUP 90-64/CDP 90-44 . :a . Hu TINGTON BEACH •SL�� r. HUNTINGTON BEACH PLANNING DIVISION • F r Application for Michael D. Myers 11. Written Narrative of proposed use: A. Wish to enclose the third floor deck and use it as a family room as well as enclose the second floor deck which has stairs leading to the third floor roof deck. Additionally, we wish to extend the existing family room out five feet to align with the balcony. We also want to enclose one part of a three car garage to use as a work room. Another child is on the way and we need more space. B. Description: Single-family residences of one, two and three stories. The only population served is the family occupying the residence. C. Enlcose a second story deck which has stairs leading to an already existing roof—deck and enclose the roof deck. The roof deck already has a high solid wall surrounding it and, therefore, enclosing it will be Harmonious with the existing structure. Additionally, no other home's view will be blocked as there will be very little . noticeable change. Also, we would "like to extend the existing family room out five feet to the set-back and enclose the third car garage. No part of the house is being demolished -- this is simply a minor additiona do/or enclosure of an area. D. Surrounding uses: Single-family residences. ' VI . .. 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OI F _—I F-I I eATMI"go' sruwlO9 h ' ilaN a°oR5 u+°*Woo foe CKA f 5 Ix 4h 2h4F u u, mru+I�YP ou PiN. -� .,mule 59FAC.ro saW.Cf I rral�ra : toan Z co B. I II 1 � . Z'•- FLg214 PI AN - SGALE. Y4'-I'-o" ��e+ti-i o• _-._ N _.. �. ,1 II Uk 10 ;.� �'•w' •-Two -----_-- f 1 I 8 ii .w.f.T N,..rh.>..r,.,., ...Ta.�I..l..ry.r r.we•/ n.-••.,a---► I ' /�ry�I.�.rMw Q Nrw.r N[.+(r.a-•r.� p Ju rAW(MY�� Y�M�•c E 4.+.e� Y� � PG•n0. ?LMf OJL� � t --.,.p.nw...l•....;E.i�.•.....n..n. m...�-...Y-f.,ef..•t�N....� G 8i3IJ..;��x:,:-''+..."�',:� !n i .•.tf'. ��ofy`!•yry.r.�w�.a._�.r��Iu+o.�N���.�h�w.t•-I...ra�a 0'v.i-fw..wwn �;� Y�No rW-ffr..(.I..w fw�.4ne Ors•.•ii .. -In...�i.ro.r+ a j 1 p -... .......... F37 J . !; I i11 I v f �7/ El' r 1. 14� F71- m Ell] II I I 7 i 7 7=711 = I f I I I ' I • .I I I I I I • I I � I E? r �• a I I MY6[S RESIOG1ut - I ndt MOrNn65TAr PLIVA A DAVIDS s K RY DESIGN HunfingTon :n4KsoR CA' ]VxSf/6ASf l BYAT10ti TELEPHONE:(619)2 1299 3031 )(ALMIA ST. SAN EGO 92104 iSE. D 0 - —wacc--- ---- --- ----- Y Z - u G Fl .! -tit LF = s SECTION A-A sc�=e 'l�•I'o I Z --�� -- .�EC(IC7N GL ­u.:k-.r-v wrai, o, gz Q II��'="� � --� — ___=r--^�`__�=___.lam a I (-•;�,,?�� J ------- Li SECTION B•B 'E GTION D D a,eF a tl L mo i .,...r` ya•.•� I � Crs•s•: L �� Ar�„11 ri rt..c c...•r+�. .•.r'.` _ • �r cnpr knr Ar:• "Ti ram.,.•.i•....aw, I e.::•.......,..T .�w etc — F1 r — _ - --- - - z-' ----- --" -'---- 3 ::,•, r �- NOh:TN ELEV'\TIDN F 41 la L I [jq DIE . I � ' � or•.o..,-••..•�j•c ..op per..) — — �•.T/ , 11 QF 1•bt1 S)A4..IGIlA b�f 1)/0.00� -� aar�+ a Y•t r+A leor (MeArlh , Nsw CDKS-[ucnon _Futures Acvlrion' `XrH ELEVATION trpie s. - et.t990 -- tkIKD FLGbK F'LA{•1 rruc Y,"- i' 6 � i j i j •.T \ r. �ocz MON�N�51'�i ,"p� DIDS & KILLORY . DESIGN O 92104-1299 3031 KALMI; T SAN DIEGTE ONE (619) 285 7 � y • _-t•+i:=_.:t=:yam:'^'•3�J AMOL Huntington Harbour Property Owners Association, Inc. P. O. BOX 791 —= SUNSET BEACH, CALIF. 90742 January 2, 1991 �--� J FF, i. _ Mr . Myers 4002 Morningstar Huntington Beach, CA 92649 Dear Mr . Myers : CON'lm"iNi T'r Thank you for forwarding the plans of the proposed remodeling of your home to the Huntington Harbour Property Owner's Association (HHPOA) Architectural Review Committee (ARC ) . We have reviewed the plans and cannot approve them for the following reasons : 1 . The 1st and 2nd floor additions extend into the 10 foot setback . 2 . 3rd stories are not allowed . 3 . We cannot approve the changes to the pool equipment area since it seems to extendinto the setback . The ARC may subsequently approve said plans if they are revised in accordance with the CC&Rs . I£ you wish to discuss this action in more detail , please forward a letter to Joe Rosen, Chairman ARC, at the letterhead address, Tel . 714-840-4575 . We hope you will understand that our motives are strictly to enhance and preserve the high quality of life and appearance of the Harbour Area, and we invite your cooperation . Yours truly, Jack Leverenz Secretary, ARC ..._'..... :: ......._ __...:i- ,- �..iXY 'Le.R.iAl 1_? �...<i+—...• iCu�1r�A__ '.Y'k24�kCti - -, f^ f..� x. Y -- - gym• �'.4• 7t sexn3 9110 4 = r� .• ice ( 1) Insulation of accessible attic areas to R-19 . .. (2) weatherstrippi.xlq of doors and windows . (3 ) Installation of low flow shower heads and faucets certified by the California energy commission . (4 )' Installation of approved smoke detectors . (Ord . 2837 , 16 Jul 86) 9110 4 Maximum building height . Maximum building height shall be as follows : Main dwelling : *Twenty-five (25) feet and maximum two (2) stories . In no case shall the second story plate height exceed twenty-three (23) feet & the highest point of the roof exceed thirty (30) feet Accessory building : Fifteen (15) feet . l//TMe/ X�rl�iX�i�/ds6uSuSX��X�S�f/ M�XX/ r6x1Xdf6x`/ Mj�/fr6XXQSib.Zrlg (a) Exception by Use Permit. A third floor loft may be permitted subject to the approval of a Use Permit with the following limitations : (1) The third story loft shall not exceed the height - limits as stated in herein. (2) Third floor loft area shall not exceed . 12. 5 percent of the building footprii;t excluding the garage. (3) Third floor loft area .shall be fully within the confines of the roof. *Optional height definition: Thirty (30) feet to all roofs except gable and hipped roofs which may go to 35 feet . _4._. (7389d) t - - i 1 � t r jam,.:�•c-- t' 911 0 :4 9110 5 i J � (4) Windows and decks are- permitted; no :.exterior stairways shall be. allowed. (5) No bathroom facilities (i . e. , toilet, shower; tub) shall be permitted; plumbing shall be limited to a bar sink. Electrical . outlets=,shall be limited to 120v. 'rhe Zoning Administrator shall consider the following guidelines in deciding such a request : ( 1) The proposed building shall not have a detrimental effect on the general health, safety, welfare or privacy of surrounding residents , or on surrounding property values . (2) The location, site plan and building design shall be harmonious and compatible with the streets , driveways , property lines , and surrounding neighborhood . (3) The age and anticipated permanence of buildings on adjacent properties shall be considered . (4) . The Zoning Administrator shall consider any other criteria it deems necessary to preserve the health, safety, welfare and convenience of the neighborhood . (Ord . 2837 , 1.6 Jul 86) 9110 . 5 Maximum site coverage . Maximum site coverage shall be fifty (50) percent . Site coverage shall be as outlined in the definitions article . Exception: the maximum site coverage shall be fifty-five ( 55) percent for all lots abutting a park, recreation area, school, public waterway, or flood control or public utility right-of-way which is a minimum of one hundred (100) feet .in clear width. (Ord. 2837, 16 Jul 86) -5- (7389d) ATTACHMENT NO. 6 ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO. 90-64/ COASTAL DEVELOPMENT PERMIT NO. 90-34 FINDINGS FOR DENIAL - CONDITIONAL USE PERMIT NO. 90-64 : 1 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft will have a detrimental effect upon the general health, welfare, safety and privacy of persons working or residing in the vicinity and will be detrimental to the value of the property and improvements in the vicinity. 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft -is not compatible with existing or proposed uses in the vicinity. 3 . The location, site layout and design of the proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not properly related to the streets, drive and other structures and uses in the vicinity in a harmonious manner . 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft is not consistent with the goals and policies of the Huntington Beach General Plan. FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 90-34 : 1. The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 does not conform with the plans, policies, requirements and standards of the Coastal element . 2 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development .Permit No. 90-44 is not consistent with the CZ suffix, low density residential development standards, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. ATTACHMENT NO. 6 ALTERNATIVE FINDINGS FOR DENIAL CONDITIONAL USE PERMIT NO. 90-64/ COASTAL DEVELOPMENT PERMIT NO. 90-34 3 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No. 90-44 , will not have available, infrastructure in a manner that is consistent with the C-LUP. 4 . The proposed addition to an existing two story single family residence with a third floor 362 square foot loft as proposed by Coastal Development Permit No . 90-44 does not conform with the public _access and public recreation policies of Chapter 3 of the California Coastal Act . (8722d-10, 11)