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HomeMy WebLinkAboutPublic Hearing to Consider Appeal Filed by Councilmember Deb • • �� — e7 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK September 9; 2004 JOAN L. FLYNN ; CITY CLERK Alise Clevely 9151 Bermuda Drive Huntington Beach, CA 92646 Re: NOTICE OF FINAL ACTION Dear Ms. Clevely: The City Council of the City of Huntington Beach at its regular meeting held Tuesday, September 7, 2004 took action on the following Public Hearing Appeal: Public Hearing to Consider Appeal-Filed by Councilmember Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 03-51, Alise Clevely, Applicant for a Third Story Addition - Clevely Residence Located at 9151 Bermuda Drive (n/s of Bermuda Drive and e/o Magnolia Street) The City Council upheld the Planning Commission decision of approval. The Action Agenda is enclosed:.The September 7, 2004 minutes of..the denial of the appeal will : be mailed to you following Council approval of the minutes. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from September 7, 2004 to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at(714) 536-5227. Sincerely, Joan L. I nn City Clerk Enclosure: Government Code 1094.6 Action Agenda Pages 9-10 cc: Penny Culbreth-Graft,City Administrator Jennifer McGrath,City Attorney Howard Zelefsky,Planning Director Rami Talleh,Associate Planner Debbie Cook,Appelant g:/followu p/appeal/90dayltr.doc __ (Telephone:714536-5227) MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 The project site is located in a single-family residential neighborhood in the southeast area of the City. The subject property is approximately 6,245 sq. ft. in area and is currently developed with a 2,427 sq. ft. two-story single-family dwelling. The applicant is proposing to remodel and expand each floor of the existing two-story home and add a third story. The first and second story expansion is permitted by the zoning ordinance and is not subject to a conditional use permit (CUP). The 518 sq. ft. third story addition and the 133 sq. ft. deck are subject to approval of a CUP. The proposed remodel and expansion project consists of the following: BUILDING EXISTING PROPOSED TOTAL DESCRIPTION AREA: FIRST FLOOR 1,714 843 2,557 Remodel and expansion of existing first floor living space consisting of living area, kitchen, storage area, staircase, and powder room. SECOND 713 761 1,474 Remodel and expansion of FLOOR existing second floor living space consisting of three bedrooms, the addition of one bedroom and staircase. THIRD FLOOR 0 518 518 Construction of a new third floor DECKS 0 133 133 consisting of a loft, bonus room, and deck. TOTAL w/ 2,427 2,255 4,682 DECKS B. BACKGROUND; The current ordinance regulating the design of third-stories in single-family residential districts was adopted by the City Council in 1992, on the recommendation of the Planning Commission and Harbor Code Committee. Between 1986 and adoption of the ordinance in 1992, the zoning code permitted third-stories in single-family residential districts (without design limitations) subject to conditional use permit approval by the Planning Commission. Prior to 1986, third-story construction was permitted by right, provided overall building height did not exceed 30 feet. The current ordinance includes the following requirements: ■ Habitable area above the second-story top plate may be permitted subject to conditional use permit approval by the Zoning Administrator. ■ Habitable area above the second-story top plate shall be within the confines of the second-story roof volume, with exceptions for dormers, decks and other architectural features, provided said features are setback a minimum of five feet from the second- story fagade and do not exceed the building height limit. PL04-18 4- 8/19/2004 2:10 PM MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 ■ Windows and deck areas above the second-story top plate shall orient toward the public right-of-way only. ■ Access to any habitable area above the second-story shall be provided from within the dwelling. Exterior stairways between the ground floor and a habitable area above the second-story shall be prohibited. Requests to construct three-story dwellings or third-story additions are among the more common considered by the Zoning Administrator in the past several years. For example, in 2002, seven such requests were received. Of the seven, six have been approved and one was withdrawn. In 2003, three such requests (including the subject application) were received. Of the three, two have been approved and one is pending. No applications for third story construction have been received in 2004. C. ZONING ADMINISTRATOR MEETING AND RECOMMENDATION: The Zoning Administrator approved the subject entitlement at a public hearing on June 23, 2004. Testimony in support of the request was received from the applicant. Testimony in opposition to the request was received from four residents of the surrounding neighborhood. Two additional residents also expressed opposition in letters submitted to the City. The residents were concerned with the height of the proposed addition and the establishment of a precedence to construct large three story homes in the neighborhood. Staff recommended approval of the request on the basis that the project as proposed and designed complies with all applicable Code requirements, including provisions for third-story design. The Zoning Administrator approved the request over the objections of the neighbors due to the fact that the project complies with all the code requirements for third story construction, is of a high- quality design, and therefore will be compatible with and compliments the surrounding neighborhood. D. PLANNING COMMISSION MEETING AND RECOMMENDATION: Planning Commissioner Tom Livengood appealed the Zoning Administrator's approval of Conditional Use Permit No. 03-51 on June 30, 2004. On July 27, 2004, the appeal was presented to the Planning Commission. The applicant spoke in support of the request and discussed the process involved in designing the proposed addition to comply with the City's third-story design standards. The applicant also submitted a petition from four immediate neighbors in support of the project (Attachment No. 5). Testimony in support of the project was received from three immediate neighbors. Testimony in opposition to the project was received from nine residents within the neighborhood. In addition a petition with 91 signatures from residents within the surrounding neighborhood in opposition to the project was submitted (Attachment No. 6). Commissioners in support of the request cited the project's high-quality design and compliance with all applicable Code requirements, including the provisions for third-story design. Commissioners supporting the request also indicated that an alternative design allowed by right (no CUP) might be more of a detriment to the surrounding neighborhood due to the potential mass, bulk, and greater site coverage. To maintain the same square footage, the structure may be designed with an increased building footprint (maximum 50% lot PL04-18 -6- 8/19/2004 2:10 PM MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 coverage), reduced front and rear setbacks (minimum 15 ft. and 10 ft. respectively), and a design resulting in a larger mass and bulk at a maximum height of 30 ft. high with a possible flat roof. Commissioners opposed to the request cited the project's lack of compatibility with the surrounding neighborhood in that the existing neighborhood is primarily developed with one and two-story structures that are less than 35 ft. in height. Commissioners opposed to the request also expressed concern regarding the potential to set a precedent for approval of future third-story additions in the neighborhood. The Planning Commission went through several-rounds of voting (due to a 3-3 tie vote for denial and approval) before a motion for approval of the proposed project was passed by majority vote. The Commission ultimately approved the request based on the fact that the proposed addition complies with the applicable height limit, meets the intent of the third story ordinance, and consist of an aesthetically pleasing and high quality design, which is compatible with and compliments the surrounding neighborhood. The Planning Commission Staff Report is attached (No. 4) for review and provides additional details for consideration by the City Council. E. APPEAL: On August 3, 2004, City Council Member Cook filed an appeal of the Planning Commission's approval of the proposed project. The appeal letter (Attachment No. 2) cited the following reasons as the basis for the appeal: 1. The overall building height of 35 ft. may not be compatible with the surrounding neighborhood because the existing single family neighborhood is primarily developed with one and two-story structures that are less than 35 ft. in height. Furthermore/ approval of the conditional use permit may establish a precedent for other three story homes at comparable heights in the neighborhood. 2. The proposed third story addition may not be compatible with the surrounding one and two-story neighborhood and therefore may adversely affect their quality of life. F. STAFF ANALYSIS AND RECOMMENDATION: Neighborhood Characteristics: The single-family home is generally located within a residential neighborhood bounded by Hamilton Avenue to the north, Magnolia Street to the west, flood control channel to the east, and Banning Avenue and a flood control channel to the south. The neighborhood was developed in the mid 1960's with one and two story single-family homes. Approximately 46% of the homes in the neighborhood are two story and 54 % are single story. The City has approved two conditional use permits in the neighborhood to increase the height of structures above 30 ft. (one at 32 ft. and a second at 31 ft. 8 in.). In addition the City has approved three conditional use permits to allow third story additions (two with a third story deck and one with third story habitable area) at a maximum height of 30 feet. PL04-18 8/19/2004 2:10 PM .h MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 Third Story Design: The proposed addition to the existing single-family dwelling complies with all applicable requirements of the ZSO, including the criteria for third-story design and the maximum 35- foot height limit. No variances to City standards are requested or required. The third-story addition is designed to be compatible with the surrounding neighborhood by confining the third story habitable area within the second-story roof volume, recessing the third floor from the first and second-story facades, and orienting all windows toward the public right-of-way. Moreover, the proposed design avoids long, unarticulated exterior walls and monolithic roof forms by incorporating substantial massing offsets, varied rooflines, rhythmic fenestration, pilasters, balconies and other architectural details. In analyzing the request, the proposed design is considered to be one of the best reviewed by staff for consistency with the code requirements and the intent of the third story ordinance. Maximum Building Height: A review of the ordinances in affect at the time of the development of the neighborhood reveals that the height requirement was 30 feet as measured from the finished grade to the midpoint of the roof. A home could be built with a roof peek at a height of 35 feet or greater (without approval of a conditional use permit) as long as the midpoint of the roof was 30 feet high from the finished grade. In comparison, the height requirement today is a maximum 35 feet (with approval of a conditional use permit) as measured from the top of curb to the peak of the roof. The design and height of the third story addition is compatible with the surrounding neighborhood. The addition is designed to minimize mass and bulk by setting back the third floor addition 5 ft. from the building exterior and increasing the pitch of the roof to 7/12 in-lieu of the code minimum of 5/12 (rise/run). The maximum height of the roof at its peak is 35 ft. measured from the top of the curb. However, the midpoint of the roof as measured from the top of curb is 27 ft. 6 in. As a result the majority of the roof volume, approximately 60%, is below the midpoint of the roof. The mass and volume of the roof above the midpoint is greatly reduced with the proposed roof design. Furthermore, the portion of the roof above 30 ft. is approximately 7% of the total roof volume. Because the proposed home is designed in such a manner to represent a two-story structure and is designed with a roof that limits its overall height, staff has determined that the house will be compatible with the surrounding neighborhood in terms of maximum building height. In-fill Ordinance Requirements: The project is subject to compliance with the City's Residential Infill Lot Development ordinance. The ordinance requires that windows in residential remodels with greater than 50% demolition be offset from windows in existing adjacent dwellings and that all bathroom windows facing existing residences be fitted with obscure glass. The project plans includes new and existing windows shown throughout the remodel. Staff reviewed the plans for conformance with the Infill Ordinance and determined compliance. The proposed windows are offset with the existing windows of the adjacent residences and the bathroom windows are obscure glass. PL04-18 4- 8/19/2004 2:10 PM (5- MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 Basis for Appeal: Council Member Cook's appeal letter states that the proposed third story addition at a maximum building height of 35 ft. may not be compatible with the surrounding neighborhood, may adversely affect property values, may impact the quality of life of residents in the area, and may be detrimental to the general welfare of persons residing in the vicinity. Staff does not concur with the assertions stated in the appeal letter. The issue of compatibility is addressed in the findings for approval as a measure of a project's potential to negatively impact the surrounding neighborhood. A project's compatibility should be evaluated based on the broader character of the surrounding neighborhood, rather than by means of strict comparison to the size of existing dwellings in the neighborhood. The City, via the ZSO, has established the right to construct two-story homes, and adopted provisions for construction of three story homes that exhibit a two-story character, within the RL zone. Generally, dwellings which are designed in accordance with applicable development standards, exhibit a two-story single-family residential character and achieve a high level of design quality while minimizing impacts to surrounding properties, should be considered compatible with RL zoning district neighborhoods. To determine otherwise would undermine the right of property owners to develop property as provided for in the code. Any analysis of a project's compatibility with the surrounding neighborhood should begin with a review of the objective standards formally adopted by the City and incorporated into the General Plan and ZSO. The standards most applicable to the pending application are those contained in Section 210.06(M) of the ZSO, which were designed specifically to address concerns regarding new three-story construction in the City and to ensure the compatibility of such development. The proposed dwelling is designed in accordance with applicable ZSO development standards intended to ensure compatibility. The proposed third story is designed within the second-story roof volume, is set back from the fagade of the second story below and preserves the privacy on adjoining properties by orienting third-story windows toward the public right-of-ways only. Moreover, the project complies with the minimum setbacks, maximum lot coverage and maximum height requirements of the ZSO. Summary: Over the course of the past several years the City has approved numerous requests to construct three-story dwellings and third-story additions in the City, as well as requests to exceed 30 feet in height. Such requests were reviewed and approved based on compliance with the objective criteria contained in the ZSO and findings that the proposed development is consistent with the single-family residential character desired for the RL zoning districts. Staff has determined that the proposed project will not have a detrimental impact on the neighborhood and that the project is consistent with previously approved projects in the City. PL04-18 =8- 8/19/2004 2:10 PM MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 Environmental Status: The proposed project is categorically exempt pursuant to Class 2, Existing Facilities, Section 15302, California Environmental Quality Act which states that additions to existing structures which do not result in an increase of more than 50 percent of the floor area are exempt. Aftachment(s): City Clerk's , . - Number No. Description 1. Suggested Findings and Conditions of Approval. 2. Appeal Letter to City Council dated August 3, 2004. 3. Planning Commission Draft Minutes dated July 27, 2004. 4. Planning Commission Staff Report dated July 27, 2004. 5. Petition in support of the request. 6. Petition in opposition of the request. 7. PowerPoint Presentation Slides. PL04-18 8/19/2004 2:10 PM 1 ip�Eq Sheett$T.ti� w� 0 3 � 1 �.r www.avery.com �(§$60m Use Avery TEMPLATE 5960YM 1-800-GO-AVERY 149-043-08 149-041-43 149-041-45 GREG &AMBER NORQUIST BERNHARD B.&ELKE R.MOSKALENKO SUSAN DEMIRJIAN 21701 KANEOHE LN 78136 HOLL ISTER DR 4500 CAMPUS DR STE 224 HUNTINGTON BEACH CA 92646-7800 PALM DESERT CA 92211-3714 NEWPORT BEACH CA 92560-8818 149 041 25 William Lacey 9091 Rhodesia Dr. Huntington Beach,,CA 92646 "149 Ol l 08 3 149 04140 12 ` 149 044 09 32 Anthony Zografides Betty Wells Benjamin Burley 9101 Bermuda Dr. 9092 Rhodesia Dr. 21722 Kaneohe Ln. Huntington Beach, CA 92646 Huntington Beach, CA 92646 Huntington Beach, CA 92646 i i , AV3AV-09-008-L ru0 65 3J.V1dW31 ti AV1#sn � d dress Labels wortiane-mmm Laser 6ul AAA werL- Jam Free Printing O � www.avery.com a AVERY® 5960TM Use Ave TEMPLATE 5960TM 1-800-GO-AVERY 300' Radius Current Occupant Listin- APN 149-011-13 September 16, 2003 9151 Bermuda Dr. Job 3346T Huntington Beach, CA 92646 Page 1 of 1 14901116 10 14904143 15 14901209 43 Current.Occupant.. Current Occupant Current Occupant 9121 Bermuda.Dr : .9132 Rhodesia Dr 9122 Bermuda Dr Huntington Beach CA 92646 Huntington Beach CA 92646 Huntington Beach CA 92646 14904206 64 Current Occupant 21682 Polynesian Ln Huntington Beach CA 92646 i \�y// AV3"-09-008-1 wi096S 31VIdW31®tiaAb ash w.L096S )AU3A%f 1`U' 1 IIIAYAIMAP-AAAAAA III III all u»I 11110F Jam Free Printing www.avery.com ® AVERY® 5960TM" Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY 3")' Radius Public Notification Boundar-- September 17, 2003 APN 149-011-13 Job 3346 9151 Bermuda Drive Page 2 of 3 Huntington Beach, CA 92646 14904308 - -28- - 14904309 29 14904407 30 Frank W Hill Marguerite Watson Phillip W Jones 21701 Kaneohe Ln 21691 Kaneohe Ln 21702 Kaneohe Ln Huntington Beach.CA.92646 7800 ...Huntington Beach CA 92646-7825 Huntington Beach CA 92646-7826 14904408 31 14904409 32 14904410 33 Harold R Liebman Madeline J Seymour Larry L Stearns 21712 Kaneohe Ln 21722 Kaneohe Ln 21732 Kaneohe Ln Huntington Beach CA 92646-7826 Huntington BEACH 92646-7826 Huntington Beach CA 92646-7826 14901501 34 14901502 35 14901503 36 George & Christine Higi Barbara R Gierhart Ronald P & Dillys Maher 21742 Kaneohe Ln 21752 Kaneohe Ln 21762 Kaneohe Ln Huntington Beach CA 92646-7853 Huntington Beach CA 92646-7853 Huntington Beach CA 92646-7853 14901504 37 14901505 38 14901506 39 Gloria S Mooney Robert G & Susan A Wells Nasser G & Jennifer J Mustafa 21772 Kaneohe Ln 21792 Kaneohe Ln 21802 Kaneohe Ln Huntington Beach CA 92646-7853 Huntington Beach CA 92646-7827 Huntington Beach CA 92646-7827 ..14001206._ 40 14901207 41' .14901208 ` 42 Scott Tracy Dennis R Mcdonald Frederick S Waterfall 9092 Bermuda Dr 9102 Bermuda Dr 9112 Bermuda Dr Huntington Beach CA 92646-7813 Huntington Beach CA 92646-7815 Huntington Beach CA 92646-7815 14901209 43 14901210 44 14901211 45 Michael J & Lori N Monaghan Thomas D Ridley George Rivadeneyra 20542 Paisley Ln 9132 Bermuda Dr 9142 Bermuda Dr Huntington Beach CA 92646-6013 Huntington Beach CA 92646-7815 Huntington Beach CA 92646-7899 14901212 A 14901213 47 14901214 48 Barbara R.Chrispin Steven R & Tari L Simon . : Craig R Wagner . 9152 Beimuda Dr 9162 Bermuda Dr.. 9172 Bermuda Dr Huntington Beach CA 92646-7815 Huntington Beach CA 92646-7815 Huntington Beach CA 92646-7815 14901215 49 14901216 50 14901217 51 Mcvicker Hubert V Armstrong Brien C Braun 9192 Bermuda Dr 9191 Kahului Dr 9171 Kahului Dr Huntington Beach CA 92646-7815 Huntington Beach CA 92646-7820 Huntington Beach CA 92646-7820 14901218 52 14901219 53 14901220 54 Max Lippka Gail R Summers Randall W & Jill Z Cochran 9161 Kahului Dr 9151 Kahului Dr 9141 Kahului Dr Huntington Beach CA 92646-7820 Huntington Beach CA 92646-7820 Huntington Beach CA 92646-7820 A)BAV-O9-008-L w.L096S 3.LVIdW31®tiaAd as0 w.L096S®AMBAd a wox tiane-mmm 6uiluiid aaJd wer Jam Free Printing C� �'3.S\ �' www.avery.com Q AVERY® 5960TM Use Ave TEMPLATE 5960TM � 1-800-GO-AVERY k�u ? -�' Radius Public Notification Boundar September 17, 2003 APN 149-011-13 Job 3346 9151 Bermuda Drive Page 1 of 3 Huntington Beach, CA 92646 14901113 1 14901107 2 14901108 3 Chris_ & Alise Clevely Tuan H Tran - Theresa J Norton 9151 Bermuda Dr 9091 Bermuda Dr 9101 Bermuda Dr Huntington Beach CA 92646-7814 Huntington Beach CA 92646-7812 Huntington Beach CA 92646-7862 14901109 4 14901110 5 14901111 6 William H Stilwell Kent & Thompson Mc Garrigle Kurt & Lisa Suhr 9111 Bermuda Dr 9121 Bermuda Dr 9131 Bermuda Dr Huntington Beach CA 92646-7862 Huntington Beach CA 92646-7862 Huntington Beach CA 92646-7862 14901112 7 14901114 8 14901115 9 Kevin M & Michele R Coleman Daniel F Gaeta Robert J Hines 9141 Bermuda Dr 9161 Bermuda Dr 9171 Bermuda Dr Huntington Beach CA 92646-7814 Huntington Beach CA 92646-7814 Huntington Beach CA 92646-7814 14901116 10 14904139 11 14904140 12 Robert J Pengilly Irene E Lannitti Gordon A Wells 16264 Summershade Dr 9082 Rhodesia Dr 9092 Rhodesia Dr La Mirada CA 90638-2739 : Huntington Beach.CA 92646-7848 Huntington'Beach:CA 92646-78/2 14904141 13 14904142 14 14904143 15 Mcdonell Evangeline Rentas Bernhard Moskalenko 9102 Rhodesia Dr 9112 Rhodesia Dr 4541 Fir Ave Huntington Beach CA 92646-7849 Huntington Beach CA 92646-7849 Seal Beach CA 90740-3.006 14904144 16 14904145 17 14904146 18 Jevon & Nancy Hadley Susan Dcmirjian David T & Jeanne Hughes 9142 Rhodesia Dr 9152 Rhodesia Dr 9162 Rhodesia Dr Huntington Beach CA 92646-7849 Huntington Beach CA 92646-7849 Huntington Beach CA 92646-7849 14904147 19 14904148 20 ..14904123 21 Marilyn D Ellison Gordon W Neap Richard J & Roslyn R Bashore 9182 Rhodesia Dr 9192 Rhodesia Dr 9082 Adelia Cir Huntington Beach CA 92646-7849 Huntington Beach CA 92646-7849 Huntington Beach CA 92646-7805 14904207 22 14904208 23 14904209 24 Melvin E Webb Odilon C Cardenas David B & Teri A Malpass 21692 Polynesian Ln 21702 Polynesian Ln 21701 Bahama Ln Huntington Beach CA 92646-7851 Huntington Beach CA 92646-7852 Huntington Beach CA 92646-7811 14904210 25 14904306 26 14904307 27 James J Gill Richard J Broderick William A & Janette L Stewart 21691 Bahama Ln 21692 Bahama Ln .21702 Bahama Ln Huntington Beach CA 92646-7809 Huntington Beach CA 92646-7810 Huntington Beach CA 92646-7806 l�� �./ ►`(9 1 AM3AV-09-008-L va096S 31V1d1N31 aAV as w1096S 0AM-RA / tum-AIAAP'MMM 6Y't Page 1 of 1 Ehring, Liz To: Bazant, Denise Cc: Flynn, Joan; Jones, Dale; McGrath, Jennifer Subject: RE: 3 story homes Thanks Denise- I will have it included on the Late Communication memo. Liz -----Original Message----- From: Bazant, Denise Sent: Wednesday, September 01, 2004 4:53 PM To: Ehring, Liz; Lugar, Robin Subject: FW: 3 story homes Late Communication -----Original Message----- From: Dapkus, Pat Sent: Wednesday, September 01, 2004 4:40 PM To: Bazant, Denise Subject: FW: 3 story homes This one needs to go to Planning so they can add her to their notification list on this permit. -----Original Message----- From: gail [mailto:gswanson@socal.rr.com] Sent: Wednesday, September 01, 2004 4:30 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: 3 story homes Dear City Council Members, I am writing regarding 9151 Bermuda Drive. The owners of this property want to remodel their home to be three stories. I can not begin to tell you how opposed my husband and I are to having a three story home in our neighborhood !!!!!! We believe this family should have purchased a home in the downtown area if they desired a three story home. Our desire is to keep our neighborhood and others in the city just the way they are -one and two story homes. We do believe there is a place for the three story homes, and that is in the downtown area, along with other new community developments being built. A three story in our neighborhood would be an eyesore for all of us, especially the neighbors immediately surrounding 9151 Bermuda Dr. Please, we beg you to save our neighborhood!. We love our corner of the world in southeast Huntington Beach and would like to preserve it the way it is! Thank you Gail and Scott Swanson 9062 Rhodesia Dr HB 9/2/2004 �A Q Cr U rr1 tt' C-,� on a LU r z ti i RECEIVE ® SEP 0 7 2004 i I City Beach City Council Office A NOTE FROM., JOHN M 2►��-'G C4p1 O�Tec7N A L V Ste. Q� 2 W1 1T Iv0 fa3 - rj CD �r CLP-VML C€' Tttl�D S�rt�/ AOd� ''r�N J moo;-;.. D rT�'; -tam 'per 9-AS (E R E 7E C,T A Ny Af P L►' Ul7�+a.,� o! A 3 no d T S;a2- on. coe+9fin.►c��� v. 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C.� /V L- Y J f•I C [�i1 Yr4 1-2 A JOIRN N- lal, 9062 Lf.AHL' LO D .S R HUNTtNGTON BEACH, CA 92646 9�t �''yf Era r i �-d_, w f�S Qn IUD a`V b 1, Y�r 1 V rir`. 8 ( N l7 `lib C ot.D l r I%p 1V A t T"f- 6rc,,7,r-pt— 92 s q( p.u-A w,.►o M on-G 5fAt c * k)ly O 'D'�Je W t 00 N 0 W AV.% +0 ir--7► C LC-- "4;r' er-%C.,. �,A A lr) V A-T A L . wi. ^LS-o PON T Do- C 0 ev?c 0 M i S.C. Ted s u rJ Avbo o A l rL- LA P c► T c.-A-e i CLQ etNi. .Nu-�. s �O C Qsz (h a GUA S N Op TI',b rS . l d N 4 W c O a.6./¢ G -�.�%t tras46-4 Co skS)'S 1 e.4,kjj '# O-A--J 0 k-,P 5� 0 #O p..r^ 22 Y Si � Av <)- !`I�n►e- w A7 At-So tJ o 7rryprovtmevts Lou HI c.K A 2'� 1-1�4N�c yo J JA �Nb►� Jones, Dale From: Fikes, Cathy Sent: Tuesday, September 07, 2004 11:06 AM To: Jones, Dale Subject: FW: Conditional Use Permit#03-51 ti c v, -----Original message----- �'o From: Mike & Beverly Grossman i C_--±-<:-. [mailto:mikebevgrossman@earthlink.net] Sent: Thursday, September 02, 2004 9:38 PM > all ) To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: Conditional Use Permit # 03-51 nJI C-) My wife and I would like to register our concern and our adamant opposition to allowing three-story homes in the Newport West and Fashion Shores sub-divisions. We are residents of Fashion Shores. This community is a mix of one and two-story homes. Most of the two- story homes are next to one-story homes. Any two-story home that is modified to a three-story will completely overpower any one-story home next to it. Please don't destroy the ambience of our neighborhood. There are other areas of Huntington Beach where families can buy three-story homes to fill their housing needs. Sincerely, Mike & Bev Grossman 1 - �- tl of 0 Page 1 of 1 Jones, Dale ;.Y C� ELK From: Fikes, Cathy rp�d BtACH CA Hp ZING Sent: Tuesday, September 07, 2004 11:06 AM A 1 22 To: Jones, Dale Subject: FW: Conditional Use Permit No. 03-51 -----Original Message----- From: Linda Miller [mailto:lmmanagement@earthlink.net] Sent: Monday, September 06, 2004 12:51 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: Conditional Use Permit No. 03-51 Dear Council Members: Although I am not a homeowner but a renter, I pay a great deal of money every month to live here. Living here means breathing relatively clean air, looking at the sky, and seeing friendly, happy people walking during the day. To see the very negative results of a beach community under siege by three-story monsters, one only has to drive through Redondo Beach. Once an extremely lovely and pleasant beach community with sweet and classy homes, and people walking the sidewalks with friendly smiles, it now is filled with these ugly, horrendous, huge structures, and the sidewalks are void of people. The people, of course, are on the freeways earlier and later with less time for living because they have to work more hours to feed these monsters. I strongly urge those of you with the power to make a difference to fight to keep this community as small and sweet as you possibly can, so a few more generations may grow up in an environment that makes sense. Building these huge buildings will alter everything about these neighborhoods, making them feel crass and ugly and empty. BIGGER is NOT necessarily BETTER. Thank you for taking my opinion into your pool of information. Sincerely, Linda Miller 9131 Mahalo Drive o Pp(jL 9/7/2004 Page 1 of 1 Jones, Dale C1-1 LE K TY OF From: Fikes, Cathy HUNTINGTON BE Sent: Tuesday, September 07, 2004 11:07 AM Z004 SEP -l A 11 2 2 To: Jones, Dale Subject: FW: conditional use permit number 03-51 -----Original Message----- From: James Fast [mailto:jim@fastmfg.com] Sent: Monday, September 06, 2004 6:26 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: re: conditional use permit number 03-51 Dear Huntington Beach Council: We have lived here on Mahalo Drive for 30 years and it is a nice quiet residential area. We have seen the 3 story houses in old downtown and they are an eyesore. If you start to allow this in our neighborhood, every house will be torn down and we will lose our neighborhood. Please do not allow 3 story houses. Thank you, James and Pamela Fast 9/7/2004 �- �. Page 1 of 1 ,�Ii%Eu Jones, Dale CITY CLERK From: Fikes, Cathy HUIN i INGTOIJ BEACH, CM Sent: Tuesday, September 07, 2004 11:07 AM Z004 SEP -I A 11: 2 2 To: Jones, Dale Subject: FW: Conditional Use Permit No. 03-51 -----Original Message----- From: Mccarthyhb@aol.com [mailto:Mccarthyhb@aol.com] Sent: Monday, September 06, 2004 8:49 PM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: Conditional Use Permit No. 03-51 Dear City Council: I live in Newport West and received a flier regarding a pending conditional use permit, No. 03-51, that would allow a three-story home with roof heights up to 35 feet. Please accept this correspondence as a statement against such a conditional use permit in this neighborhood. We recently remodeled our home and added several hundred square feet. The lot and home sizes in our neighborhood are both plenty big enough to allow the addition of quite a bit of square footage without having to add a third story. The character of down town lends itself to three story houses, our neighbor hood does not. Downtown homes tend to have very little yards and upper decks. Our neighborhood tends to have larger backyards and very few decks. The lot sizes and backyards are a big attraction of these homes. Many of the people that live in our neighbor use their backyards extensively. Allowing three story houses will leave many neighbors with more shade in their yards. We know this from experience having a neighbor with very tall trees behind us. The shade lessens our enjoyment of our yard, especially during winter months when the sun is lower. Please maintain the character of our neighborhood and reject this permit. As I mentioned, due to the large lots, not allowing third stories should not inconvenience anyone who wants to add square footage to their home. Ann McCarthy 9192 Kapaa Drive Huntington Beach, CA 92646 0 9/7/2004 �/� 7 Page 1 of 1 Jones, Dale ; l�OF From: Fikes, Cathy HUNTINGTON BEACH, CA Sent: Tuesday, September 07, 2004 11:08 AM 1004 SEP - To: Jones, Dale .A ��' 2 j Subject: FW: CONDITIONAL USE PERMIT NO. 03-51 AT 9151 BERMUDA DRIVE, HB -----Original Message----- From: Jeanne6 [mailto:jeanneb@socal.rr.com] Sent: Tuesday, September 07, 2004 10:28 AM To: city.council@surfcity-hb.org Cc: Pat Dapkus Subject: CONDITIONAL USE PERMIT NO. 03-51 AT 9151 BERMUDA DRIVE, HB DEAR CITY COUNCIL, I AM WRITING TO URGE YOU TO VOTE AGAINST ALLOWING THE CONSTRUCTION OF A THREE-STORY HOME AT 9151 BERMUDA DRIVE IN THE NEWPORT WEST TRACT OF HUNTINGTON BEACH. THAT IS USE PERMIT NO. 03-51. MY HUSBAND AND I HAVE LIVED AT 21672 KANEOHE LANE IN THE FASHION SHORES TRACT FOR 30 YEARS AND WE DO NOT WANT TO SEE OUR NEIGHBORHOOD START TO CHANGE BY ALLOWING THE CONSTRUCTION OF A THREE STORY HOME. IT WILL COMPLETELY RUIN AND CHANGE THE WHOLE LOOK OF OUR NEIGHBORHOOD. ONCE YOU ALLOW THE BUILDING OF ONE THREE STORY HOME, IT WILL OPEN THE DOOR FOR THE FUTURE CONSTRUCTION OF OTHERS. PLEASE VOTE NO ON THIS ISSUEM SINCERELY, JEANNE MCKEE 21672 KANEOHE LANE HUNTINGTON BEACH, CA 92646 EMAIL ADDRESS: jeanneb __socal.rr.com 9/7/2004 �17-A — /YI (,c.� d .A,) J — Page 1 of 1 Lugar, Robin From: James Gallagher U.r.gallagher@woddnet.att.net] Sent: Tuesday, September 07, 2004 7:59 AM City of Huntington Beach To: city.council@surfcity-hb.org SEP 072004 Cc:;. Dapkus, Pat Subject: Height Limits in Newport West and Fashion Shores tracts. Dear City Council Members I urge you not to approve any variences in height limit for rebuilding homes in the above tracts. Our neighborhoods would be not improved if such monster houses are allowed to be built alongside much smaller houses which would be overshadowed (literally) by such large structures. Please deny all variences to our present height limit of 24/26 feet. Sincerely, James R. Gallagher, 21562 Kaneohe Lane, HB. 714.962.8990 gn12004 / 1 J 71 tt fill,- oil u ` 1 _ 1 1 M � i . v ' c y jo .1 b 1 �I • ' ♦ 1 �1 A LL I I i a� ,il�ll�Illl r a i o • OL i 4 A 1 � � i Sri•. — ! .-I w' f 1 'j VIi t i TWO, G 6 A st All r I/ b p I 1, �I 1 1' • .1 i t 't • �r�. AA At. • N y!9 g ' 9 M i s, c r II 4r vt • - r 1 �1ri , PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) NOTICE OF PUBLIC HEARING NOTICE- IS'- HEREBY GIVEN that Item Nos. 1 1 1 am a Citizen of the United States and a BEFORETHE CITY COUNCIL and 2 are categorically OF THE exempt from the provi- 'sions of the California resident of the County aforesaid; I am CITY OFHUNTINGTON :Environme'ntal Quality BEACH Act. over_ the age of eighteen years, and not a_ _ l- NOTICE-1S- HEREBY ON FILE:_A-copy of the GIVEN that on Tuesday, : proposed_request is on art to or interested in the below entitled file in the Planning party September 7, he t De artment; 2000 Main 7:00 PM in the City P matter. I am a principal clerk of the Council Chambers, 2000 Street, Huntington Main Street, Huntington Beach, California 92648, HUNTINGTON BEACH INDEPENDENT, Beach, the City Council for inspection by the will hold a public hearing Public. A copy of the on the following item: staff report will be a newspaper of general circulation, g 1. LOCAL COASTAL available to interested printed and published in the City of PROGRAM AMENDMENT Parties City Hall ror y NO. 1-03:Applicant:City .the Mainn -:City Library of Huntington Beach (7111 Talbert Avenue) Huntington Beach, County of Orange, Request: .1) To accept after' Wednesday, Sep- modifications .to the tember 1,2004 State of California, and that attached Huntington'Beach Zoning I ALL INTERESTED and Subdivision 'Ordi- PERSONS are invited to Notice is a true and complete copy as nance approved by the attend said hearing and California'Coastal Com- express opinions or mission on June 10,2004 submit evidence for or was printed and published in the for LCPA No. 1-03. '2) against 'the application Huntington Beach issue of said' To amend the Hunting- ah,:all in above.If you, ton Beach Zoning and' challenge the City, newspaper to wit the Issue(s) of: Subdivision Ordinance to ouna action in court., reflect y the California' You may be limited to Coastal Commission's'. raising only those issues modifications. Location:! You or Someone else) Coastal Zone. Project: raised at the public Plannerijason.Kelley hearing described in this; `M THEf'�notice,, or in written: PLANNING COMMIS f correspondence deliv-1 August 26 , 2004 310W APPROVAL' OF ered to the City at, or' CONDITIONAL USE PER: prior ,to, the public MIT NO.03-51 (CLEVELY hearing. If there are any. ADDITION):. Applicant: further questions please Alise Clevely Appellant: call the Planning De-J City Council Member J) partment at -536-5271' I Debbie'Cook Request:'To'i and refer to the above permit the construction.Illlll item.Direct your written of a new 518 square i communications to the foot third floor balcony") City Clerk. in conjunction with the Joan Flynn,City Clerk I declare, under penalty of perjury, that Partial reconstruction City of i and; expansion of. an Huntington Beach existing two-story single 2000 Main Street, family. dwelling. The 2nd Floor the foregoing is true and correct. Huntin ton Beach, dwelling will have an 9 overall building height oC t�alifornia 92648 35 feet. The -request, (714)536-5227 includes a review and,; Published Huntington Executed on AUgUSt 26 , 2004 analysis for compliance Beach Independent Au-) .with the Infill Lot ,gust 26,2004 084-9191 ll Lot at Costa Mesa, California. Ordinance Tenche Ordinance. loutragesl adjacent property own ers to review proposed l development for com- 'patibility/privacy issues,i such as window align-' ments, building pad Signature height, and floor plan layout.' Location: 9151� Bermuda Drive (north side of Bermuda Drive . I and east. of Magnolia Street).Project Planner: Rami Talleb w:' 1 1 September 9, 2004 Alise Clevely 9151 Bermuda Drive • Huntington Beach, CA 92646 Re: NOTICE OF FINAL ACTION Dear Ms. Clevely: The City Council of the City of Huntington Beach at its regular meeting held Tuesday, September 7, 2004 took action on the following Public Hearing Appeal: Public Hearing to Consider Appeal Filed by Councilmember Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 03-51, Alise Clevely, Applicant for a Third Story Addition - Clevely Residence Located at 9151 Bermuda Drive (n/s of Bermuda Drive and e/o Magnolia Street) The City Council upheld the Planning Commission decision of approval. The Action Agenda is enclosed. The September 7, 2004 minutes of the denial of the appeal will be mailed to you following Council approval of the minutes. This is a final decision. You are hereby notified that pursuant to provisions of Section 1094.6 of the Code of Civil Procedure of the State of California you have ninety days from September 7, 2004 to apply to the court for judicial review. If you have any questions regarding this matter, please contact my office at (714) 536-5227. Sincerely, Joan L. Flynn City Clerk Enclosure: Government Code 1094.6 Action Agenda Pages 9-10 cc: Penny Culbreth-Graft,City Administrator Jennifer McGrath,City Attorney Howard Zelefsky, Planning Director Rami Talleh,Associate Planner Debbie Cook,Appelant g:/followu p/appeal/90dayltr.doc WAIS Document Retrieval Page 6 of 9 Board and invoke arbitration proceedings pursuant to a State Bargaining Unit 11 collective bargaining agreement. 1094.6. (a) Judicial review of any decision of a local agency, other than school district, as the term local agency is defined in Section 54951 of the Government Code or of any commission, board, officer or agent. thereof„ may be had pursuant to .•Section-1094:5.. of this code only if the petition for writ of mandate pursuant to such section is filed within the time limits specified in this section. (b) Any such petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this-.section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a . `copy. of .the affidavit or certificate of mailing, to the party seeking the writ. Subdivision-:W of Section:10:13 :does not_apply. to' extend. the time, following deposit in the mail of the decision .or. findings, within which a petition shall be filed. (c) The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent which made the decision and shall be delivered to the petitioner within 190 days after he has filed a written request therefor. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. Such record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case. (d) If the petitioner files a request for the record as specified in subdivision (c) within 10 days. after the date. the. decision becomes final. as provided .in subdivision_.(b) , the•time. within which a petition pursuant to Section 1694.5 may be` filed 'shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or his attorney of record, if he has one. (e) As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for any retirement benefit or allowance. (f) In making a final decision as defined in subdivision (e) , the local agency shall provide notice to the party that the time within which judicial review must be sought is governed by this section. As used in this subdivision, "party" means an officer or employee http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=744393323 8+0+0+0&WAISactio... 9/9/2004 WAIS Document Retrieval Page 7 of 9 who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied. (g) This section shall prevail over any conflicting provision in any otherwise applicable law relating to the subject matter, unless the conflicting provision is a state. or. federal law which.provides a shorter. statute 'of limitations, in which case the shorter statute of limitations shall apply 1094.8. (a) Notwithstanding anything to the contrary in this chapter, an action or proceeding to review the issuance, revocation, suspension, or denial of a permit or other entitlement for expressive conduct protected by the First Amendment to the United States Constitution shall be conducted in accordance with subdivision (d) (b) For purposes of this section, the following definitions shall apply: (1) The terms "permit" and "entitlement" are used interchangeably. (2) The term "permit applicant" means both an applicant for a permit and a permitholder. (3) The term "public agency" means a city, county, city and county, a joint powers authority or similar public entity formed pursuant to Section 65850.4 of the Government Code, or any other public entity authorized by law to issue permits for expressive conduct protected by the -First Amendment to the United .States. Constitution: (c) A public agency may,! if it so chooses., designate`.the:.permits or entitlements to which this section applies by adopting an ordinance or resolution which contains a specific listing or other description of the permits or entitlements issued by the public agency which are eligible for expedited judicial review pursuant to this section because the permits regulate expressive conduct protected by the First Amendment to the United States Constitution. (d) The procedure set forth in this subdivision, when applicable, shall supersede anything to the contrary set forth in this chapter. (1) Within five court days after receipt of written notification from a permit applicant that the permit applicant will seek judicial review of a public agency's action on the permit, the public agency shall prepare, certify, and make available the administrative record to the permit applicant. (2) -Either the public agency or.the permit applicant may bring an :. action in accordance with the procedure set forth in this section. If the permit applicant brings the action, the action shall be in the form of a petition for writ of mandate pursuant to Section 1085 or 1094.5, as appropriate. (3) The party bringing the action pursuant to this section shall file and serve the petition on the respondent no later than 21 calendar days following the public agency's final decision on the permit. The title page of the petition shall contain the following language in 18-point type: "ATTENTION: THIS MATTER IS ENTITLED TO PRIORITY AND SUBJECT TO THE EXPEDITED HEARING AND REVIEW PROCEDURES CONTAINED IN SECTION 1094.8 OF THE CODE OF CIVIL PROCEDURE. " (4) The clerk of the court shall set a hearing for review of the petition no later than 25 calendar days from the date the petition is http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=744393323 8+0+0+0&WAISactio... 9/9/2004 (9) September 7, 2004 -Council/Agency Agenda - Page 9 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give,it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing to Consider Appeal Filed by Councilmember Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 03-51, Alise Clevely, Applicant for a Third Story Addition -Clevely Residence Located at 9151 Bermuda Drive (n/s of Bermuda Drive and e/o Magnolia Street) (420.40) Public Hearing to consider Appeal of the Planning Commission's Approval of Conditional Use Permit No. 03-51 (Clevely Residence—Third Story Addition). Applicant: Alise Clevely Appellant: City Council Member Debbie Cook Re uest: To permit the construction of a new 518 square foot third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 feet. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. Location: 9151 Bermuda Drive (north side of Bermuda.Drive and:east of Magnolia-Street) Environmental Status: Notice is hereby given that this agenda Item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department,2000 Main Street,Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library(7111 Talbert Avenue)after Wednesday,September 1,2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. . 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: Planning Commission and Staff Recommendation: Approve Conditional Use Permit No. 03-51 with Findings and Suggested Conditions of Approval (Attachment No 1). Associate Planner Rami Talleh presented the Power Point report. City Clerk Joan L. Flynn restated for the record the Late Communication she announced earlier. Applicant, Alise Clevely provided public testimony outlining actions on the CUP for her home renovation. Ms. Clevely distributed a photograph of floor addition. (10) September 7, 2004 -Council/Agency Agenda - Page 10 Four speakers in favor of the application and eleven speakers in opposition due to reasons given of the incompatibility of a 3-story home to neighborhoods with bhe and two story homes Council discussion ensued regarding the need to change the:code citywide regarding the policy of allowing 3=story homes. Discussion was held regarding the possibility of holding a building moratorium while Council decided on the three-story issue. Motion to deny CUP 03-51 with Findings of Approval—No Action Council Direct Staff to Return with a Moratorium on 3-story housing to allow Council to study the code. Approved 6-0 I rt CITY OF HUNTINGTON BEAC , MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 Council/Agency Meeting Held: V_.�:Log Deferred/Continued to: ❑Approved Conditional A roved enied C ylle-rk$ Sig tune Council Meeting Date: 9/7/2004 d Department ID Number: PL04-18 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND'CITY COUNCILMEMBERS m CD-q SUBMITTED BY: PENELOPE CULBRETH- AFT, TY ADMINISTRA R00 - PREPARED BY: HOWARD ZELEFSKY, DIRECTOR OF PLANNIN _ 01 SUBJECT: 'APPROVE CONDITIONAL USE PERMIT NO. 03-51 (Clevely Residence - 3rd Story Addition - Appeal). Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Transmitted for your consideration is an appeal by City Council Member Debbie Cook, of the Planning Commission's approval of Conditional Use Permit No. 03-51. This application represents a request to construct a 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing 2,427 sq. ft. two-story single-family dwelling. The proposal also includes a request to permit the dwelling to have a maximum building height of 35 ft. The appeal is based on the proposed third story addition and the maximum building height of 35 ft. which may not be compatible with the surrounding neighborhood, may adversely affect property values, may impact the quality of life of residents in the area, and may be detrimental to the general welfare of persons residing in the vicinity. Staff and the Planning Commission are recommending approval to the City Council (Recommended Action) based on findings that the proposed addition complies with all the requirements and the intent of the third story ordinance, complies with the maximum building height allowed by the base zoning district, and therefore will be compatible with and not a detriment to the surrounding neighborhood. Funding Source: Not applicable D- 7 PL04-18 8/19/2004 2:10 PM MEETING DATE: 9/7/2004 DEPARTMENT ID NUMBER:PL04-18 Recommended Action: PLANNING COMMISSION AND STAFF RECOMMENDATION: Motion to: "Approve Conditional Use Permit No. 03-51 with findings and suggested conditions of approval (Attachment No. 1)." Planning Commission Action on July 27, 2004: THE MOTION MADE BY DAVIS, SECONDED BY SCANDURA, TO APPROVE CONDITIONAL USE PERMIT NO. 03-51, WITH FINDINGS AND CONDITIONS FOR APPROVAL CARRIED BY THE FOLLOWING VOTE: AYES: THOMAS, SCANDURA, DAVIS, LIVENGOOD NOES: RAY, DINGWALL ABSENT: NONE ABSTAIN: NONE MOTION PASSED Alternative Action(s): The City Council may make the following alternative motion(s): 1. "Deny Conditional Use Permit No. 03-51 with findings." 2. "Continue Conditional Use Permit No. 03-51 and direct staff accordingly." Analysis: A. PROJECT PROPOSAL: Applicant/ Property Owner: Alise Clevely, 9151 Bermuda Drive, Huntington Beach, CA 92646 Location: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street) Conditional Use Permit No. 03-51 represents a request for the following: A. To permit a single family home at a maximum overall building height of 35 ft., pursuant to Section 210.06 (M-1-c) — Height Requirements, of the ZSO; and B. To permit a 518 sq. ft. third floor and a 133 sq. ft. third floor balcony, pursuant to Section 210.06 (M-1-d) — Height Requirements, of the ZSO. PL04-18 -$- 8/19/2004 2:10 PM a (9) September 7, 2004 -Council/Agency Agenda - Page 9 D. PUBLIC HEARINGS Anyone wishing to speak on an OPEN public hearing is requested to complete the attached pink form and give it to the Sergeant-at-Arms located near the Speaker's Podium. D-1. (City Council) Public Hearing to Consider Appeal Filed by Councilmember Debbie Cook of the Planning Commission's Approval of Conditional Use Permit No. 03-51, Alise Clevely, Applicant for a Third Story Addition -Clevely Residence Located at 9151 Bermuda Drive (n/s of Bermuda Drive and e/o Magnolia Street) (420.40) Public Hearing to consider Appeal of the Planning Commission's Approval of Conditional Use Permit No. 03-51 (Clevely Residence—Third Story Addition). Applicant: Alise Clevely Appellant: City Council Member Debbie Cook Request: To permit the construction of a new 518 square foot third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 feet. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. Location: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street). Environmental Status: Notice is hereby given that this agenda Item is categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department,2000 Main Street, Huntington Beach, California 92648,for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library(7111 Talbert Avenue)after Wednesday, September 1,2004. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's action in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City at,or prior to,the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. 1. Staff report 2. City Council discussion 3. Open public hearing 4. Following public input,close public hearing Recommended Action: Motion to: Planning Commission and Staff Recommendation: Approve Conditional Use Permit No. 03-51 with Findings and Suggested Conditions of Approval (Attachment No 1). Associate Planner Rami Talleh presented the Power Point report. City Clerk Joan L. Flynn restated for the record the Late Communication she announced earlier. Applicant, Alise Clevely provided public testimony outlining actions on the CUP for her home renovation. Ms. Clevely distributed a photograph of floor addition. (10) September 7, 2004 -Council/Agency Agenda - Page 10 Four speakers in favor of the application and eleven speakers in opposition due to reasons given of the incompatibility of a 3-story home to neighborhoods with one and two story homes Council discussion ensued regarding the need to change the code citywide regarding the policy of allowing 3-story homes. Discussion was held regarding the possibility of holding a building moratorium while Council decided on the three-story issue. Motion to deny CUP 03-51 with Findings of Approval—No Action Council Direct Staff to Return with a Moratorium on 3-story housing to allow Council to study the code. Approved 6-0 ATTACHMENT 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-51 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administer finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15302 of the CEQA Guidelines, because the project consists of the replacement of an existing structure and facilities where the new structure will have substantially the same purpose and capacity are exempt. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. Conditional Use Permit No. 03-51 for the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling with an overall height of 35 ft. will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows. Furthermore, the third story addition is similar in design, materials, and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designs have been constructed within the neighborhood. Furthermore, the third story deck is setback five feet from the building exterior and is located below the highest point of the second story roof. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third-story design criteria. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with a conditional use permit. The proposed third-story and third-story deck will be setback from the first and second-story fagade as required by the HBZSO, thus minimizing the building massing, and is designed in compliance with the City's third-story design standards. No third-story windows or deck areas are oriented toward adjoining properties. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. The site plan, floor plans, and elevations received and dated May 20, 2004, shall be the conceptually approved design with the following modifications: a. The elevations shall be revised to depict a dimension line measuring the height of the structure from top of curb to the highest point of the structure. The height of the structure shall not exceed 35 ft. 0 in. b. The floor plans shall be revised to depict the interior dimensions of the existing garage. The minimum interior dimensions shall be 18 ft. by 19 ft. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall-be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 7 ATTACHMENT 2 CITY OF HUNTINGTON BEACH City Council Communication TO: Joan Flynn, City Clerk o 0 FROM: Debbie Cook, City Council Member /0 a -- DATE: August 3, 2004 °- GT C, D nFTI �' SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-51 (CLEVELY ADDITION) o I hereby appeal the Planning Commission's approval of Conditional Use Permit No. 03- 51 on July 27, 2004. The Planning Commission upheld the Zoning Administrator's approval of a request to permit the construction of a 518 sq. ft. third floor addition along with a 133 sq. ft. third floor balcony to an existing two-story single-family dwelling at 9151 Bermuda Drive. The proposal also included a request to permit an overall building height of 35 ft. The reasons for the appeal are based on the following issues: o The proposed third story addition may not be compatible with the surrounding one and two-story neighborhood and, therefore, may adversely affect their quality of life. ❑ The overall building height of 35 ft. may not be compatible with the surrounding neighborhood because the existing single family neighborhood is primarily developed with one and two-story structures that are less than 35 ft. in height. Furthermore, approval of the conditional use permit may establish a precedent for other three-story homes at comparable heights in the neighborhood. xc: Mayor and City Council Members Planning Commission Penny Culbreth-Graft, City Administrator Bill Workman, Assistant City Administrator Howard Zelefsky, Director of Planning G:\Cook\Wppeal of Use Permit 03-51.doc ATTACHMENT 3 PC Minutes DRAFT July 27,2004 Page 5 B-2. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-51 (CLEVELY ADDITION): Applicant/Property Owner: Alise Clevely Appellant: Tom Livengood, Planning Commissioner Request: To permit the construction of a new 518 square foot third floor within the confines of the second story roof volume and construct a 133 square foot third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 feet. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/ privacy issues, such as window alignments, building pad height, and floor plan layout. Location: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street) Project Planner: Rami Talleh STAFF RECOMMENDATION: "Approve Conditional Use Permit No. 03-51 with findings and suggested conditions of approval." The Commission made the following disclosures: Vice Chair Ray visited the site; Commissioner Scandura visited the site, walked the neighborhood and met with staff; Commissioner Dingwall walked the neighborhood; Chair Davis walked the neighborhood; Commissioner Livengood walked the neighborhood. Rami Talleh, Assistant Planner provided a staff report and made a PowerPoint presentation. Commission questions/comments included: • Number of 2 and 3-story homes in the neighborhood • Legality of the appeal • Proper noticing (minimum requirements met) • 5-foot setback on the eastside property line (confirmed with a 2-foot projection for fireplace) • Site coverage (proposed at 41%) THE PUBLIC HEARING WAS OPENED: Richard Loy, Kahului Drive, spoke in opposition to the item, and brought a display of the Newport West Tract (one and two story homes). He discussed how the proposal would change the neighborhood's character and make up, and establish precedence for future 3`d story construction. He voiced concerns about privacy and blocking the sun and ocean breezes. He stated that the City approved the project before neighboring opinions were known, and presented a petition with over 100 signatures in opposition to the proposal. Jim Gill, Bahama Lane, spoke in opposition to the item and provided a sketch of the tract depicting 1 and 2-story homes. He informed the Commission of receiving a notice of public hearing and contacting the City Council. He stated that the proposed structure is not compatible with surrounding homes and voiced j concerns about the methodology of conditional use permits and public notification. He also pointed out how the request affects 300 to 500 homeowners, and is architecturally different than the surrounding "Craftsman" style dwellings. (04p=0727) PC Minutes ®RAFT July 27,2004 Page 6 Jim Young, Niguel Circle in the Fashion Shores area, spoke in opposition to the item, stating that 3`d story homes are not compatible for the area. Randy Fuhrman, Roundhill Drive, spoke in opposition to the item, stating that homes 35 feet in height are not compatible. He suggested that the applicant consider a maximum height of 30 feet, further explaining that the request would change the character and make up of neighborhood and set precedence. He also discussed improved public notification. Rob Norquist, Rhodesia Drive, spoke in opposition to the item, referencing compatibility information discussed in the General Plan Land Use Element. He voiced concerns about third-story windows and privacy and compatibility. He encouraged the Commission to consider a roof height of no greater than 30 feet, and consistency among remodels. Susan Demirjian, Rhodesia Drive, spoke in opposition to the item and height of the building. She stated that a majority of homes in the tract are 1 and 2-story, and voiced concerns related to privacy, and to blockage of sun and ocean breezes. Kurt Suhr, Bermuda Drive, spoke in support of the item and private property owners building rights. He discussed how the applicant was collaborative with neighbors and shared their building plans. He also stated that other area 3-story dwellings were stacked, not like what the applicant is proposing, and how he appreciated the applicant's consideration to neighbors. Betty Parkovich, Kahului Drive, spoke in opposition of the item, discussing wide streets, setbacks and incompatibility. She also informed the Commission that neighbors who previously wished to build 3nd stories in the past were not approved, and how 11 of the 12 homes canvassed signed a petition opposing the request. Bev Garnett, Kahului Drive, spoke in opposition to the item and voiced concerns about late notification to the neighborhood. She referenced a home at Magnolia and Bermuda as an example of mansionization that is not compatible. She also discussed prior 3°d story proposals that were denied and voiced concerns related to privacy, open air and sun exposure. Howard Geoghegan, Kahului Drive, spoke in opposition to the item and discussed the percentage of 1 and 2-story dwellings in the tract. He voiced concerns about compatibility and stated that the request is detrimental both economically and visually to the neighborhood. Kevin Coleman, Bermuda, spoke in support of the item, mentioning that the applicant has kept neighbors involved in their remodel plans. He referenced Nimbyism and called the proposed structure beautiful and pleasing to the eye. He also stated that the proposal could not be compared to the earlier mentioned home at Magnolia and Bermuda. Alise Clevely, applicant, spoke in support of the item and stated that the 35-foot roof height was designed to conform to height requirements identified in Section 210 of the Zoning and Subdivision Ordinance (ZSO). She also stated that all (04p=0727) PC Minutes DRAFT July 27,2004 Page 7 building standards had been met, that the design beautifies the neighborhood and is consistent with the General Plan, and conforms to privacy standards set forth in the ZSO. She addressed neighbors concerns about windows being placed in an appropriate location to ensure privacy. She also addressed concerns related to setting precedence and discussed the existing RL districts identified in the staff report. She stated that neighbors have not voiced opposition to the request until the last minute, and that alternative designs without a 3ro story may increase lot coverage and not be appealing. She also referenced page 8, paragraph 5 of the staff report that discusses provisions for construction of three story homes that exhibit two-story character, and how the proposal will meet the criteria and raise property values. Chris Clevely, applicant, spoke in support of the item and addressed the neighborhood petition, voicing concerns and confusion. He discussed the addition of a porch, and that the proposed design with white windows and trim were compatible with the area. He explained the aesthetic reasons for a 35-foot high home and the proposed roof pitch and the roof style of the remodeled home. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Scandura asked about the actual height as seen by the City. Staff replied 35 feet from the ground, 33 feet from the building slab. Commissioner Scandura voiced concerns regarding no windows proposed on the west side of the house, and asked if features could be added. The applicant responded that windows were not included to maintain privacy, and that existing and proposed landscaping will add an attractive element along the side of the home. The applicant also stated that they would consider opaque (frosted) windows if required. Commissioner Scandura commented that he was impressed by the design and "Craftsman" style look, covering 41% of the lot with an angled roof. He also voiced concerns about denying the request and the applicant redesigning the house for increased lot coverage without the City's review and approval. Commissioner Livengood asked for the height of the lower portion of the roof. Staff responded 34 feet from top of curb. Commissioner Livengood complimented the staff report, and stated that according to the law, the request must be approved. He called the design one of the best he has seen for a 3`d story addition, and that by code and design, the request should be approved. Commissioner Thomas discussed the number of 2-story homes on Bermuda Drive, and asked about fireplace setback requirements. Commissioner Dingwall asked for the number of 3rd story dwellings in the Newport West Tract only. Staff answered none. Commissioner Dingwall asked for the number of dwellings with a roof height of 30 to 35 feet in the same tract only. Staff answered none. (04p=0727) PC Minutes ®RAFT July 27,2004 Page 8 Commissioner Dingwall voiced opposition to the request and discussed the community's overwhelming opposition and concerns that the proposal would inhibit sea breezes, sunlight, and heating/cooling ventilation. A MOTION WAS MADE BY DINGWALL, SECONDED BY THOMAS, TO DENY CONDITIONAL USE PERMIT NO. 03-51 WITH FINDINGS. Discussion ensued and staff explained the history behind the project, including that the code would allow a larger home without a CUP. Staff also addressed comments made regarding public notification, stating that all ZSO and state noticing requirements have been met. Vice Chair Ray expressed his conflict between the rights of neighbors and property owners. He stated that the applicant should have addressed neighbors concerns. He also discussed the ZSO allowing residents to build up to 35 feet through the CUP process, but voiced opposition to the request. Chair Davis stated that he would not support the motion, discussing property owner's rights and the ZSO allowing for 35 feet in height. He also stated that the design was compatible with surrounding structures, and spoke in support of the applicant. Commissioner Thomas called the design attractive, but supports the opposing view shared by the applicant's neighbors. Commissioner Scandura asked about the approval process if the applicant were to redesign the structure below 30 feet in height. Staff explained that the CUP may be appealable to the City Council. However, if the applicant should choose to redesign the structure below 30 feet but maintain a 3rd story, it would be brought before Zoning Administrator (ZA)with a CUP. Staff also explained that the home could be designed in a manner without the need for a CUP (no 3rd story) but be larger in size, increase the lot coverage, reduce setbacks, and have a flatter roof. Commissioner Scandura voiced concerns about the applicant's possible redesign resulting in increased lot coverage. Commissioner Livengood shared Commissioner Scandura's concerns, and stated that if the Commission denies the request, findings for denial must be established. Vice Chair Ray suggested that a finding for denial is that the proposal is inconsistent with the character of the neighborhood. Commissioner Dingwall asked about dormers and if the request was similar to a recent variance request for a 3nd story structure in the Huntington Harbor. Staff responded that the design he mentioned was completely different and included a large 3rd story addition with a very large dormer window making up most of the 3'd story addition. (04p=0727) PC Minutes DRAFT July 27,2004 Page 9 THE MOTION WAS RESTATED TO INCLUDE A FINDING FOR DENIAL AS "NOT WITHIN THE CHARACTER OF THE NEIGHBORHOOD." A VOTE WAS TAKEN AS FOLLOWS: AYES: Thomas, Ray, Dingwall NOES: Scandura, Davis, Livengood ABSTAIN: None ABSENT: None MOTION FAILS A MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO APPROVE CONDITIONAL USE PERMIT NO. 03-51 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Scandura, Davis, Livengood NOES: Thomas, Ray, Dingwall ABSTAIN: None ABSENT: None MOTION FAILS A MOTION WAS MADE BY THOMAS, SECONDED BY RAY, TO APPROVE CONDITIONAL USE PERMIT NO. 03-51 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL(ROOF PITCH REDESIGNED AT A MAXIMUM 30 FEET IN HEIGHT). Staff read requirements included within the General Plan regarding use of building heights. Commissioner Thomas asked if the roof pitch could be changed to reduce the overall height. Staff replied that redesigning the structure to change height results in loss of square footage on the third level and changes the overall design of the home. THE MOTION WAS RESTATED, AND ACTION TAKEN AS FOLLOWS: AYES: Thomas, Ray, Dingwall NOES: Scandura, Davis, Livengood ABSTAIN: None ABSENT: None MOTION FAILS (04p=0727) PC Minutes DRAFT July 27,2004 Page 10 A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO DENY CONDITIONAL USE PERMIT NO. 03-51 WITH FINDINGS FOR DENIAL, BY THE FOLLOWING VOTE: AYES: Thomas, Ray, Dingwall NOES: Scandura, Davis, Livengood ABSTAIN: None ABSENT: None MOTION FAILS A MOTION WAS MADE BY DAVIS, SECONDED BY SCANDURA, TO APPROVE CONDITIONAL USE PERMIT NO. 03-51 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Davis, Livengood NOES: Ray, Dingwall ABSTAIN: None ABSENT: None MOTION APPROVED (04pcm0727) ATTACHMENT 4 City of Huntington Beach Planning Department STAFF REPORT HUNTINGTON 6EACH - - - - TO: Planning Commission FROM: Howard Zelefsky, Director of Planning.- BY: Rami Talleh, Assistant Planner �, DATE: July 27, 2004 SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-51 (Clevely Addition) APPLICANT/ PROPERTY OWNER: Alise Clevely, 9151 Bermuda Drive, Huntington Beach, CA 92646 APPELLANT: Tom Livengood, Planning Commissioner LOCATION: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street) STATEMENT OF ISSUE:_ • Conditional Use Permit No. 03-51 request: - To permit an addition to an existing two-story single-family dwelling, which includes third-story habitable floor area and a third-story deck. - To permit a single family home with a maximum overall building height of 35 ft. • Staff s Recommendation: Approve Conditional Use Permit No. 03-51 based upon the following: - The proposed project conforms with all the requirements of the base-zoning district. - The proposed project is compatible with surrounding uses including design and overall building height. - The proposed project is consistent with previous approvals for third story construction. RECOMMENDATION: Motion to: A. "Approve Conditional Use Permit No. 03-51 with findings and suggested conditions of approval (Attachment No. 1)." (Zoning Administrator's Action) VZ e cnrrfs eowomi i r�t •� t ♦ EMIL wAufca ` ♦ sATER rA1JOW �? ♦. ■fZN Q •. •GARM D Ya�w� ADAM rurwAnA.o�,s 'ATLUM ffAf�.i'ON e�Ifl�f' ¢ „� }w•r - r air.:: � +�F xd. �^.V L:AA.J- rc BANNd1G t OR row ox 04 r t 1'i c' � ( � i'`i'rr � iRr # ♦' Subject Site VICINITY MAP Conditional Use Permit No. 03-51 9151 Bermuda Drive THE CITY OF HUNTINGTON BEACH ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. "Deny Conditional Use Permit No. 03-51 with findings." (Appellant's Request) B. "Continue Conditional Use Permit No. 03-51 and direct staff accordingly." PROJECT PROPOSAL: Conditional Use Permit No. 03-51 represents a request for the following: A. To permit a single family home at a maximum overall building height of 35 ft., pursuant to Section 210.06 (M-1-c)—Height Requirements, of the ZSO; and B. To permit a 518 sq. ft. third floor and a 133 sq. ft. third floor balcony,pursuant to Section 210.06 (M-1-d)—Height Requirements, of the ZSO. The project site is located in a single-family residential neighborhood in the southeast residential area of the City. The subject property is approximately 6,245.12 sq. ft. (64' wide by 97.58' deep) in area and is currently developed with a two-story, 2,427 sq. ft. single-family dwelling. The proposed project consists of an addition to an existing single-family-dwelling, summarized as follows: BUILDING EXISTING PROPOSED TOTAL DESCRIPTION AREA: FIRST FLOOR 1,714 843 2,557 Remodel and expansion of existing first floor living space consisting of living area, kitchen, storage area, staircase, and powder room. SECOND 713 761 1,474 Remodel and expansion of existing FLOOR second floor living space consisting of three bedrooms, the addition of one bedroom and staircase. THIRD FLOOR 0 518 518 Construction of a new third floor DECKS 0 133 133 consisting of a loft, bonus room, and deck. TOTAL w/ 2,427 2,255 4,682 DECKS The applicant requests approval to expand their home by providing additional living space and to improve the architectural character of the street and neighborhood (Attachment No. 3). PC Staff Report—7/27/04 -3- (04sr21) Background: The City adopted the ordinance that governs third-story design in 1992 to address concerns over new third-story construction in the City. The ordinance is intended to ensure that in-fill development maintains compatibility with the character of existing one and two-story single- family residential neighborhoods. This was done by means of design restrictions that effectively limited third-story construction. In addition, the ordinance was designed to reduce potential privacy impacts to adjacent properties by regulating the orientation of windows and decks. To permit such third-story construction,the ordinance requires the approval of a conditional use permit (CUP). The CUP is discretionary and is based on findings that the proposal is in conformance with applicable ordinances, General Plan policies, and is compatible with surrounding properties. Requests to replace existing one and two story dwellings with new three- story dwellings, along with requests to construct third-story additions, are among the more common considered by the Zoning Administrator in the past several years. Zoning Administrator Action: The Zoning Administrator approved the subject entitlements at a public hearing on June 23, 2004. Testimony in support of the request was received from the applicant. Testimony in opposition to the request was received from four residents of the surrounding neighborhood. Two additional resident also expressed opposition in a letter submitted to the City. The residents were concerned with the height of the proposed addition and the establishment of a precedence to construct large three story homes in the neighborhood (Attachment No. 4). Staff recommended approval of the request, on the basis that the project as proposed and designed complies with all applicable Code requirements, including provisions for third-story design. Appeal: Planning Commissioner Tom Livengood appealed the Zoning Administrator's approval of Conditional Use Permit No. 03-51 to the Planning Commission, for reasons cited in an appeal letter dated June 30, 2004 (Attachment No. 5). The reasons for the appeal are listed below: • The proposed third story addition may not be compatible with the surrounding one and two- story neighborhood and therefore may adversely affect their quality of life. ■ The overall building height of 35 ft. may not be compatible with the surrounding neighborhood because the existing single family neighborhood is primarily developed with one and two-story structures that are less than 35 ft. in height. PC Staff Report—7/27/04 -4- (04sr21) ISSUES: Subiect Property And Surrounding Land Use,Zoning And General Plan Designations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: Residential Low Density Residential Low Density Single-Family Residential North, South, East, Residential Low Density Residential Low Density Single-Family and West of Subject Residential Pro erty General Plan Conformance: The General Plan Land Use Map designation for the subject property is Residential Low Density. The proposed project features a third-story design, which is consistent with the goals and objectives of the City's General Plan for single-family residential districts, including the following: A. Land Use Element Policy 9.2.1: Require that all new residential development within the existing residential neighborhoods (i.e. infill) be compatible with existing structures, including the: a. Maintenance of the predominant or median existing front yard setbacks; b. Use of building height, grade.elevations, orientation and bulk that is compatible with the surrounding development. c. Use of complementary building materials, colors and forms, while allowing flexibility for unique design solutions. d. Maintenance of privacy on abutting residences. The third story addition is designed in a manner to be concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition,the third story windows are oriented away from the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The proposed dwelling will comply with the maximum building height permitted in the RL zone subject to the review and approval of a conditional use permit. Zoning Compliance: The proposed project complies with all the development standards of the Residential Low- Density Zoning District. PC Staff Report—7/27/04 -5- (04sr21) In-fill Ordinance Requirements The project is subject to compliance with the City's Residential Infill Lot Development ordinance. The ordinance requires that windows in residential remodels with greater than 50% demolition be offset from windows in existing adjacent dwellings and that all bathroom windows facing existing residences be fitted with obscure glass. The project plans includes new and existing windows shown throughout the remodel. Staff reviewed the plans for conformance with the Infill Ordinance and determined compliance. The proposed windows are offset with the existing windows of the adjacent residences and the bathroom windows are obscure glass. Urban-Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Existing Facilities, Section 15301 of the California Environmental Quality Act that states that projects consisting of the replacement of an existing structure and facilities where the new structure will have substantially the same purpose and capacity are exempt. Coastal Status: Not applicable. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Building and Safety, Fire and Public Works have reviewed the proposed project. No unique or special conditions of approval are recommended. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on July 15, 2004, and notices were sent to property owners of record and tenants within a 300 ft. radius of the subject property, individuals/organizations requesting notification(Planning Department's Notification Matrix), applicant, and interested parties. As of July 22, 2004, three letters (two emails and one letter delivered at the Zoning Administrator meeting) opposing the request have been received (Attachment No. 6). PC Staff Report—7/27/04 -6- (04sr21) Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): Conditional Use Permit: June 7, 2004 August 7, 2004 (within 60 days of application deemed complete) The Zoning Administrator heard the project on June 23, 2004, which complies with the State of California Planning, Zoning, and Development Laws relative to mandatory processing times. ANALYSIS: The primary issues for the Commission to consider in evaluating the proposed project is whether the project has been designed in accordance with applicable standards and achieves compatibility with the surrounding neighborhood. Existing Residential Neighborhood The single-family home is generally located within a residential neighborhood bounded by Hamilton Avenue to the north, Magnolia Street to the west, flood control channel to the east, and Banning Avenue and a flood control channel to the south. The neighborhood was developed in the mid 1960's with one and two story single-family homes. Approximately 46% of the homes in the neighborhood are two story structures and 54 % are single story homes. The City has approved two conditional use permits in,the neighborhood to increase the height of structures above 30 ft. (one at 32 ft. and a second at 31 ft. 8 in.). In addition the city has approved three conditional use permits to allow third story additions (two with a third story deck and one with third story habitable area) at a maximum height of 30 feet. A review of the ordinances in affect at the time of the development of the neighborhood reveals that the height requirement was 30 feet as measured from the finished grade to the midpoint of the roof. A home could be built with a roof peek at a height of 35 feet or greater(without approval of a conditional use permit) as long as the midpoint of the roof was 30 feet high from the finished grade. In comparison, the height requirement today is a maximum 35 feet (with approval of a conditional use permit) as measured from the top of curb to the peak of the roof. Proposed Single-Family Dwelling Addition The proposed addition to the existing single-family dwelling complies with all applicable requirements of the ZSO, including the criteria for third-story design and the maximum 35-foot height limit. No variances to City standards are requested or required. The third-story habitable area is designed within the second-story roof volume, is recessed from the first and second-story facades, and all windows orient toward the public right-of-way, as required by the ZSO. Moreover,the proposed design avoids long, unarticulated exterior walls and monolithic roof forms by incorporating substantial massing offsets, varied rooflines, rhythmic fenestration, pilasters, balconies and other architectural details. PC Staff Report—7/27/04 -7- (04sr21) The design and height of the third story addition is compatible with the surrounding neighborhood. The addition is designed to minimize mass and bulk by stepping the third floor addition 5 ft. from the building exterior and increasing the pitch of the roof to a rise of 7 ft. and run of 12 ft. The midpoint of the roof as measured from the top of curb is 27 ft. 6 in. The majority of the roof volume, approximately 60%, is below the midpoint of the roof. The mass and volume of the roof above the midpoint is greatly reduced. Furthermore, the portion of the roof above 30 ft. is approximately 7% of the total roof volume. Because the proposed home is designed in such a manner to represent a two-story structure, staff has determined that the house will be compatible with the surrounding neighborhood. Over the course of the past several years the City has approved numerous requests to construct three-story dwellings and third-story additions in the City, as well as requests to exceed 30 feet in height. Such requests were reviewed and approved based on compliance with the objective criteria contained in the ZSO and findings that the proposed development is consistent with the single-family residential character desired for the RL zoning districts. Staff has determined that the proposed project will not have a detrimental impact on the neighborhood and that the project is consistent with previously approved projects in the City. Basis For Appeal Commissioner Livengood's appeal letter states that the proposed third story addition at a maximum building height of 35 ft. may not be compatible with the surrounding neighborhood, may adversely affect property values, may impact the quality of life of residents in the area, and may be detrimental to the general welfare of persons residing in the vicinity. Staff does riot concur with the assertions stated in the appeal letter. The issue of compatibility is addressed in the findings for approval as a measure of a project's potential to negatively impact the surrounding neighborhood. A project's compatibility should be evaluated based on the broader character of the surrounding neighborhood, rather than by means of strict comparison to the size of existing dwellings in the neighborhood. The City, via the ZSO, has established the right to construct two-story homes, and adopted provisions for construction of three story homes that exhibit a two-story character, within the RL zone. Generally, dwellings which are designed in accordance with applicable development standards, exhibit a two-story single-family residential character and achieve a high level of design quality while minimizing impacts to surrounding properties, should be considered compatible with RL zoning district neighborhoods. To determine otherwise would undermine the right of property owners to develop property as provided for in the code. Any analysis of a project's compatibility with the surrounding neighborhood should begin with a review of the objective standards formally adopted by the City and incorporated into the General Plan and ZSO. The standards most applicable to the pending application are those contained in Section 210.06(M) of the ZSO, which were designed specifically to address concerns regarding new three-story construction in the City and to ensure the compatibility of such development. The proposed dwelling is designed in accordance with applicable ZSO development standards intended to ensure compatibility. The proposed third story is designed within the second-story roof volume, is set back from the fagade of the second story below and preserves the privacy on .PC Staff Report—7/27/04 -8- (04sr21) adjoining properties by orienting third-story windows toward the public right-of-ways only. Moreover,the project complies with the minimum setbacks, maximum lot coverage and maximum height requirements of the ZSO. Staff is recommending approval of the request, based on the project's compliance with applicable code requirements and compatibility with the surrounding neighborhood. No detrimental impacts to the surrounding neighborhood are anticipated. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval—CUP No. 03-51 2. Site Plan, Floor Plans and Elevations received and dated May 20, 2004 3. Project Narrative dated May 20, 2004. 4. Minutes of Zoning Administrator Meeting dated June 23, 2004. 5. Appeal letter dated June 30, 2004. 6. Letters in Opposition. SH:HF:RT:rl PC Staff Report—7/27/04 -9- (04sr21) ATTACHMENT NO. 1 SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 03-51 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administer finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA)pursuant to section 15301 of the CEQA Guidelines, because the project consists of the replacement of an existing structure and facilities where the new structure will have substantially the same purpose and capacity are exempt. SUGGESTED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. Conditional Use Permit No. 03-51 for the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two- .story single-family dwelling with an overall height of-3 5 ft. will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows. Furthermore,the third story addition is similar in design, materials, and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designs have been constructed within the neighborhood. Furthermore,the third story deck is setback five feet from the building exterior and is located below the highest point of the second story roof. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third-story design criteria. (04sr21 CUP 03-51 Appeal) Attachment No. 1.1 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1b: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1 c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with a conditional use permit. The proposed third-story and third-story deck will be setback from the first and second-story fagade as required by the HBZSO, thus minimizing the building massing, and is designed in compliance with the City's third-story design standards. No third-story windows or deck areas are oriented toward adjoining properties. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. The site plan, floor plans, and elevations received and dated May 20, 2004, shall be the conceptually approved design with the following modifications: a. The elevations shall be revised to depict a dimension line measuring the height of the structure from top of curb to the highest point of the structure. The height of the structure shall not exceed 35 ft. 0 in. b. The floor plans shall be revised to depict the interior dimensions of the existing garage. The minimum interior dimensions shall be 18 ft. by 19 ft. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. (04sr21 CUP 03-51 Appeal) Attachment No. 1.2 r r r 6� 64 d d 4} t 4 e>I 1 I d ♦r 1 ® I d d i I r i i I PROJECT NO. I i I DAT ehy mS . I MAWN BY. I I CIECK@ FLP yf LOT W - wux rw,nrw,aaa ue\nr LOT 69 TRACT BbCb 8 ♦ LOT �wnwe alL�swuL rrinw:\ . ...i.i,�s�� rMeas,n wM REYGIOtIS •\.IVY:%�`�•::�•... � / wM _. 'IhrIC1 S/�/ TbwM NaoMrbi rol we 1 �, \✓i / o ern ,r d d Sao nL� am rr. mmrr. —— k Y. rl d 1auc/aew Lim m rr 1 I d I SIFT LIRE :. .,• MIL SFTE PLAN d--- - ---' ------ ' � . I� PLAN +� rse CKrlo,l a erwoAlm rrlorouo '(� a�l .� Mwr,nnatil. a w B Q ala ri+m vow >na CC op BERMUDA DRIVE 7;a9� MMa,LOT reMLAfL,1 ]bp 9.a11 �109LA C m MM LMdY.VW rdVpl/d[ ]]] �OII 9M . .r f SITE PLAN ' A101 o r r r , as 1 ----------- ---------- �t __________JI I '•: 1 ` I I 1 tl I I, I PRO.IECi NO. 1 , DIE. a wy xo. CHECKM _ SCAM ' FR AS Myltn L_ r, r, r, - LJ LJ LJ - LJ tJ ROOF PLAN DCAM YM-I-W .w�man a'�'slcolm i i i I � I , I 1 , t I i I n' x j I d,. .... ' O !t•'�.:O ® mr I U e m - O et�r imE ....................... " U U r t I V - t va _ n r-1 r, r, cc J- IL1 LJ LJ LJ n� — waL Ireae m a� .�' ... exianlle Iwr. ..,v a-�. ,.,a. •G eu.e, THIRD FLOOR PLAN e"a.� A201 t>.; �nrt. SECOND FLOOR PLAN mK :pan... FIRST FLOOR PLAN �:�R L L L O ecAs ve•-+v scar:.yr•r-o• ecus ve•-r-a 9 S 5� s� �a faoJEcr RLa Ylri YIMtl m7s BRA—BY. CRECREM SCALE. ti'�mm e¢wco„ xa a ME IV6Y Wr. aMbe IRA wxH ME mcNB FRONT TO BACK BUILDING SECTION SCAM Va'-f4• BCA18 Va.-fO• siarr nu- SECTIONS woeu ,eauee v rE� •N CC a a� _ w �J SIDE TO SIDE BUILDING SECTION A401 w L BCMF VM-iO SCAIE VT-fQ I. r r r a� d �t e, -- " ... ... PROJECT M. ............ .... ...,....,... ..... .. ...... .., .. ............ BATE nMy awe O m BY. ® .. .. CHECKED, Q 9CAlE• wxmm FlF• .�•o.Mw[pB��Frc REVB 3- REAR ELEVATION (NORTH) RIGHT SIDE ELEVATION (EAST) BCAIE vB•-r-0• SCAM vL••r-W noaa ericoxr SIEFi mLb, <s� ELEVATIONS ... .... .,,.,. ... t• `�,, .... ...... �,...._ .. :n.J:xi•w.eirc `°i"d'w`an'r`''•icr"o '�w.- ,�. .... .. ^ a, t a �—F � mnaa xrr Wore.omw N u . ...... ......... N, D s ~o°a rn v L � y LEFT SIDE ELEVATION (WEST) FRONT ELEVATION (SOUTH) A301 L 8CAIF+V81-ro• BCAIb V!• ! O 1 I�� Chris & Alise Clevely 9151 Bermuda Drive Phone: 714-962-5410 Huntington Beach,CA 92646 Email:alise@clevely,com Memorandum To: Department of Planning, City of Huntington Beach Attention: Rami Talleh, Assistant Planner From: Chris and Alise Clevely Date: 5/20/04 Conditional Use Permit No. Re: 03-51 Revised Narrative - Request The purpose of this memo is to explain the proposed project at 9151 Bermuda Drive. We request to construct a first story addition totaling 575 SF which will extend both the right and left side of the home and will not to exceed the side yard set backs; as well as the front portion of the home, not to exceed the front yard set backs as stated in the HBZSO sec 210.8 (G, H). Also included in this CUP is our request to construct a second story addition totaling 759 SF; and a third story mezzanine area in the amount of 597 SF with access via two separate staircases. This mezzanine area shall be contained within the confines of the second floor roof volume with the dwelling height at 35'per HBZSO section 210.11 (M-1c). Adjacent to the mezzanine area we request a deck that complies with the setback restrictions noted in HBZSO section 210.11 (M-id- 1, M-id-2). There will be no changes made to neither the existing garage, nor will there be any garage addition made. All new window additions shall comply with HBSZO Section 230.22, as denoted on the elevation drawings. Existing dilapidated windows will be replaced. Please refer to attached site, elevation, floor and roof drawings for more detail. Also you will find the zoning compliance matrix on the main site plan. 10/02/2003 13:34 CC+E ' ADC + 9625410 Nu..5ni LOW PROPOSED PROJECT AT 9151 BERMUDA DRIVE The proposed project shown in the attached preliminary draws is a home renovation that includes a 347 square foot third floor loft. The application for the conditional use permit is being submitted in compliance with zoning requirements for the city of Huntington Beach. The land surrounding this property to the north, east and west are homes zoned low density, To the south is Bermuda drive. The project is a home renovation that will be used by the residents of the property. The property is NOT located within a Hazardous Waste and Substance site (pursuant to Section 65962.5 of the Government Code) MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 23, 2004 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Rami Talleh, Ron Santos, Ramona Kohlmann (recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: CONDITIONAL USE PERMIT NO. 03-51 (CLEVELY ADDITION) APPLICANT/ PROPERTY OWNER: Alise Clevely, 9151 Bermuda Drive, Huntington Beach, CA 92646 REQUEST: To permit the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 ft. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. LOCATION: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street) PROJECT PLANNER: Rami Talleh Rami Talleh, Staff Planner, displayed project plans and photographs and stated.the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and the suggested findings and conditions of approval as outlined in the executive summary. Staff recommended approval of the request based upon the suggested findings and subject to the suggested conditions as outlined in the executive summary. Mary Beth Broeren, Zoning Administrator, reviewed the plans and confirmed with staff the location of the third-story deck and balcony. Ms. Broeren confirmed with staff that the bonus room is not an actual mezzanine. THE PUBLIC HEARING WAS OPENED. Richard Loy, 9062 Kahului Drive, neighboring property owner, stated that he adamantly opposes the proposed project because of the proposed height, square footage, height of a proposed fireplace, and precedent setting. Mr. Loy presented section 230.22 of the Residential Infill Lot Ordinance and stated that the proposed project is in violation of the Infill Ordinance. Mr. Loy presented a letter from a neighboring property owner stating opposition to the proposed project. Mr. Loy objected to the Zoning Administrator meeting being scheduled in the afternoon and stated that not all of the residents received proper notification. He presented an exhibit of pictures of the existing structure. Jim Gill, 21691 Bahama Lane, neighboring property owner, spoke in opposition to the proposed project. Mr. Gill stated his support of Mr. Loy's aforementioned statements. Mr. Gill asked if the City reviewed the CC&Rs for the subject tract and questioned the City's public notification process. Richard Broderick, 21692 Bahama Lane, neighboring property owner, stated support of the abovementioned objections to the proposed project. Chris Clevely, 9151 Bermuda Drive, property owner, addressed the abovementioned concerns emphasizing that the third-story addition would be concealed within the existing second-story roofline. Mr. Clevely stated that he sought approval from immediate neighboring property owners. James Garrison, 21682 Bahama Lane, neighboring property owner, voiced concern that a precedent would be set. Mr. Garrison stated that if his neighbor built a third-story dwelling, his property would be overshadowed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren explained the notification process as required by State law. She advised that enforcement of CC&Rs is the responsibility of the homeowner's association and are not enforced by the City. She stated that the City's governing rules are dictated by the City's zoning regulations. Ms. Broeren explained in detail the requirements of the City's Zoning and Subdivision Ordinance as well as the City's General Plan. Ms. Broeren asked staff to present a review of the Infill Lot Ordinance and to advise those present how the proposed project meets the requirements of the Ordinance. Lengthy discussion ensued concerning the Infill Lot Ordinance and staff's analysis relative to the proposed project. Ms. Broeren addressed the concerns related to precedent setting and advised that each entitlement is evaluated on its own merits when presented to the Zoning Administrator or Planning Commission. ZA Minutes 06/23/04 2 (04zm0623) Ms. Broeren and Mr. Clevely engaged in a discussion concerning the location of the neighboring property owners who have expressed their support of the proposed project. Mr. Clevely advised that the home located behind his is approximately the same height as that which is being requested. In response to comments, Ms. Broeren stated that it is presumed that the property owner accurately represented that the neighboring property owners support the project. Ms. Broeren stated that a number of similar entitlements have been before the Zoning Administrator. She stated that the proposed upgrade is consist with what is being built today and that the project is allowed by City code; although the code is restrictive. Ms. Broeren asked the members of the public if they have reviewed the proposed project's elevations. One affirmative response was received. Ms. Broeren and staff further reviewed the project plans and lengthy discussions ensued. Ms. Broeren stated that the proposed project is consistent with the Infill Lot Ordinance and the City's intent in allowing a third story. She stated that the elevations drawings depict a home with a two-story appearance and she presented further explanations. Ms. Broeren stated that she was going to approve the request and asked staff to modify the suggested findings for approval as follows: 1. Conditional Use Permit No. 03-51 for theexpaRSiOR of the a estiF;g first anal seGGR d f!GGFS and construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in coniunction with the partial reconstruction and expansion of an existing two-story single-family dwelling with an overall height of 35 ft. will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The PFGposed dwelliRg will be The third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows. Furthermore, the third story addition is similar in design, materials,heIgnt, size and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designSand GempaFable heights have been constructed within the neighborhood. Furthermore, the third story deck is setback five feet from the building exterior and is located below the highest point of the second story roof. '�j`i.,.' ZAN inutes 06/23/04 3 ' ' :y °"'�" `'°"'"'' ' (MYz 0623t-�-- CONDITIONAL USE PERMIT NO. 03-51 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. THE ZONING ADMINISTRATOR STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that-the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 of the CEQA Guidelines, because the project consists of an addition resulting in an increase in floor area of more than 50 percent to an existing single- family dwelling. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 03-51: 1. Conditional Use Permit No. 03-51 for the construction of a new 518 sq. ft. third floor and 133 sq. ft. third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling with an overall height of 35 ft. will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The third story addition is concealed within the second story roof volume and setback 5 ft. from the first and second story fagade to minimize building mass and bulk. In addition, the third story windows are oriented away from-the adjacent residences to preserve their privacy. The third story deck is oriented toward the public right-of-ways only and screened from abutting residences. Access to the third story deck is provided from within the dwelling. The second and third story addition will maintain a 31 ft. front yard setback consistent with existing homes in the neighborhood and twice the setback required by code. In addition, the proposed site coverage will be approximately 10% less then the code allowed maximum of 50%. 2. The conditional use permit to construct a third story addition to a single family home will be compatible with surrounding uses because the proposed three story home is designed to appear as a two-story home with dormer windows, Furthermore, the third story addition is similar in design, materials, and massing as other dwellings existing in the surrounding neighborhood. In addition, several other single-family homes with similar designs have been constructed within the neighborhood. Furthermore, the third story deck is setback five feet from the building exterior and.is located below the highest point of the second story roof. 3. The proposed conditional use permit will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance, including parking requirements, maximum building height, maximum lot coverage, minimum yard setbacks, and third-story design criteria. ZA Minutes 06/23/04 4 (04=0623) 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of RL (Residential Low Density) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 9.2.1: Require that all new residential development within existing neighborhoods be compatible with existing structures, including the: LU 9.2.1 b: Use of building heights, grade elevations, orientation, and bulk that are compatible with surrounding development; LU 9.2.1 c: Maintenance of privacy on abutting residences. The proposed dwelling will comply with maximum building height permitted in the RL zone with a conditional use permit. The proposed third-story and third-story deck will be setback from the first and second-story fagade as required by the HBZSO, thus minimizing the building massing, and is designed in compliance with the City's third-story design standards. No third- story windows or deck areas are oriented toward adjoining properties. CONDITIONS OF APPROVAL- CONDITIONAL USE PERMIT NO. 03-51: 1. The site plan, floor plans, and elevations received and dated May 20, 2004, shall be the conceptually approved design with the following modifications: a. The elevations shall be revised to depict a dimension line measuring the height of the structure from top of curb to the highest point of the structure. The height of the structure shall not exceed 35 ft. 0 in. b. The floor plans shall be revised to depict the interior dimensions of the existing garage. The minimum interior dimensions shall be 18 ft. by 19 ft. 2. Prior to submittal for building permits, zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. ZA Minutes 06/23/04 5 (04zm0623) �� . CITY OF HUNTINGTON BEACI Plazinut Com ss on`Communication �...... % : 0 .. . .. ­.. . ­. . ... . . .... Im , ­ _. : . . �. .. .,. -, -., ._- ._-_ _ Jf0\' _. _ f )..; TO: Howard Zelef, Planning Commission Secretary" FROM Tom Uiv ngood, Planning Commissioner-''" ?� lV .:. DATE June 30, 2004 Supii APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL_OF ,CONDITIONAL USE PERIYIIT NO: 03 51 (CIIEVELY ADDITION) I hereby appeal the Zonng Adrruristrator-s approval of C : d>_tional Use~Permit No ;03 51: On JuneI .23,_2b04, the Zoning Adm;'.xustrator`approved a requesttl.o permit the construction of a 518 sq ft thud floor:addition along with a 13.3 sq ft thiid floor balcony to a1.n existing two story s>ngle family dwelling it 9151 Bermuda Drive ::The proposal also'included a request to perrrut an overall build>ng height of 35 $ The reasons for the appeal are based on the following issues ❑ -`The proposed third story addition may not be compatible with the surrounding one and two story;nezghborhood`atid therefore may:adversely"affect their quality of life ❑ The overall buI ding height of 35 `, ft rray ,..in- ofi be :compatible :'with :`the surrounding neighborhood becau8e j6e existmg single family neighborhood is pnmanly developed with ` one and two .story structures that are less than 3 S ft: ui height xc Planning Commission Scott Hess i Planning Manager Mary Betll Br.- . .. Zoning Admuustrator. Herb Fauland,Principal Planner m. Rana Ta11. , As`sistant'Planner File1. . .��..�.�,�.��:....��".:...-.-.�.�.I... . . , ._i.._.-.-__.-._.*_-.'.I..-.------_,_1 -I.".-.-1,1.-,m �: ---�. .-�---�, - ...- a ....... . -- - --.-I- - ,. - , .. ... . _. .,.- . ...� .-:�...,.,.-�..- . -��:,�.. :.�-..Ma..�...... -. -.�:! ... . . �:.:. .., .. � �. A%.. ... . - . .� _. z ... .. �.. _.. . . - - __ , , ,::%:-. - . :�-,::.:�: ..�. _.:.. (0ro6ie�PClClevely Appeal Livengood 663004) ti T ^*. . Dear Sir, We strongly oppose the plan to add a thir to a residence at 9151 Bermuda Drive in Huntington Beach. A third story act rtion would not only detract from the general charm of the neighborhood it would's a precedent that may allow others in the moving into the area to overbuild. l The neighborhood has always been unique in its bright, spacious, airy environment. The streets are wide and the houses are set several feet apart from one another because of provisions for extra parking for recreational vehicles. This is an attractive feature that will be lost if new residents overbuild. The existence of other super sized homes within a mile of this neighborhood and their detrimental effects on the neighborhood in general aesthetics and air and light only goes to show the harm this construction can have on the quality of life in Huntington Beach. A three-story monstrosity has been under construction on the same street, Bermuda, as the street in question. A three-story home towers over all of its neighbors on La Jolla Circle and a huge, square home that resembles a shopping mall in now on Christine near Hula Circle. The city must maintain the guidelines for the size of homes. Rules should not be waved to permit exceptions to the rule. Thank you, LR77c .9 V O -----Original Message----- From: Jim Gill [mailto:jgill@calcartage.ccm] Sent: Monday, June 28, 2004 7 :45 AN To: city.council@surfcity-hb.org Subject: Conditional Use Permit # 03-51(clevely Addition) Council Persons: I am a 36 year resident of Huntington Beach at the same residence, 21591 Bahama Lane, HB, 92646. I am now a very concerned 36 year resident. Early this month I received a letter in the mail entitled "CITY OF HUNTINGTON BEACH NOTICE OF PUBLIC HEARING BEFORE. THE ZONING ADMINISTRATOR" The date set was June 23, 2004 at 1:30 P.M. The middle of a work day. I took the time off work to attend this very important meeting to me. The hearing was to consider the allowance of a three-story home to be built in our tract area. I was fortunate as I am within 300 feet of the request for a variance. Others in my neighborhood who are beyond this limit were not given the opportunity to attend this meeting. In my opinion that is wrong. I attended the meeting to learn more about this request. I was shocked to find that this was not only a public hearing but the day one City Employee held the entire power to decide the variance request on the spot. That she did. The ruling judge MS Mary Beth Broeren with the aid of the City Project Planner, Mr.Ramki made the decision to allow the variance authorizing the approval of plans for the conversion of a two-store home to a three-story home. There are currently no three-story homes in the two tracts - Newport West and Fashion Shores as well as two other tracts to the east. This area is bound by Banning on the South, Bushard on the East, Hamilton on the North, and Magnolia on the West. It simply not fair that a City hearing person who most likely does not live in the area can rule to change the architectural style of our neighborhood. I can assure you that if this home was next to the ruling judge the variance would not have been approved. There were a total of seven people who attended the hearing. The home owner seeking the variance and six other residence. The home owner claimed in his remarks that he had spoken to his neighbors and they were all please about his remodeling plan. He did not submit the names of those neighbors nor did he provide any written proof of that conversation or approval. The other six residence spoke of their opposition to the variance. The move owner did not prove he spoke to the neighborhood. Guess WHAT! After the short statements by those in public hearing wherein 1 spoke for the variance and 6 spoke against the variance, the ruling hearing officer rule in favor the of the minor position. THE WINNER 1 .FOR AND 6 AGAINST. IS THIS DEMOCRACY? I do not recall that democracy is the voice of the minority accept in the CITY OF HUNTINGTON BEACH. We were told that our only recourse is that of an appeal. That appeal will cost us as a home owner $1,500.00 for an initial filing and $1,200.00 for each thereafter. This is not right. We should have a free appeal as tax payers in this City. Something STINKS here. I have since this meeting canvassed the neighborhood and I can produce upward of 100 signatures that do not want three-story homes allowed in our neighborhood. As soon as you allow one, you will set a precedent. These four tracts here built as one-story and two-story homes not three story. LET'S KEEP IT THAT WAY. I guess my only real recourse is to attend the City Council meeting and object and if that does not work file a complaint with the Orange County Grand Jury. Thank you for your time in reviewing my concerns. Jim Gill 21691 Bahama Lane Huntington Beach, CA 92646 Tel. 714 968-1783 Work Tel. 888 537-1432 Ext.58 r 2 -----Original Message----- From: Deborah Zisch [mailto:dzisch@dzcoast.com] Sent: Monday, June 28, 2004 10:39 AM To: city.council@surfcity-hb.org Subject: Newport West three story homes Dear City Council Members, Please re--evaluate the approval of allowing 3 story homes to be built in the southeast neighborhoods of Newport West and Fashion Shores. I have received a notice from my neighbor that the height limit in our area is 35 feet and that the zoning and planning administrator have approved a zoning variance to allow a remodel to be done for three stories to reach a height of 35 feet!!!! I don't have the facts, is this true?Are there 35 foot tall homes here and where are they? I don't recall seeing houses that tall in the neighborhood. My questions Is there a 35 ft height for homes in the Newport West/Fashion Shores tracts in southeast Huntington Beach. South of Hamilton - East Of Magnolia-West of the Channel - to the Magnolia wetlands. If there have been other homes built as 35ft where are they that I may take a look at them. Are they in this neighborhood? How can this have been approved when 6 people were against and only ONE person was for it? I would be against this remodel project with a 35ft height as it would-not conform to the neighborhood. We don't look like the big monster properties in the downtown area. Thank you in advance for your quick response Deborah Zisch concerned at 9021 Niguel Circle H.B. CA 92646 2'v -ram ^,,.. .,p , .—yak r � +:_•: �7e ATTACHMENT 5 Chris and Alise Clevely 9151 Bermuda Drive Phone: (714)962-5410 Huntington Beach,CA 92646 Email:aline@clevely.com Memorandum To: Planning Commission, Planning Department Staff From: Alise Clevely Date: 7/27/04 CONDITION USE PERMIT Re: APPLICATION NO. 03-51 (CLEVELY ADDITION) We hope the attached Exhibits will be helpful in reaching a decision. Exhibit A shows examples of homes with either 3rd floors, large lot footprints, and/or examples of homes that are drastically different architecturally from the existing neighborhood. Exhibit B is a listing of selected signatures from some of our immediate and nearby neighbors that could not appear for today's meeting. Exhib it A "YWOR fix. �i r, ,s5�+ r •� t" - l" "`�--�,�. .r v ., d,A'Gv� ^r^a} wYF,lz,L ,.r^' .• r. :'..� "`t •� � 4�y�• � ��,'�":c�� i y to" .-'k�.s. � _a.' �`-k�[� ;S" �*�.a- �.. ��a,��. < .� �ijs� -.,«. :. "ram-•`-��" �� .,.�sm�...- r: Hula Circle La Jolla Circle Tahiti Circle k Fi' '2�tissr ���ita"-�•x� `h'�' x� 3 a fi ,t �, _, t�� � a�kc t 5 `� � ¢ WMIL .`; �.; ,. � ; L � � ���,ems"�. .� z � ��� �� '� ��.,�'�•�a'' •r^,--`"""„=„��7�. i ® e• • MINN. { - «.�,,-v: syh..ry;, - _•_ - — Christine Drive #1 Christine Drive #2 Molokai Drive t r�,s� 9J _ ` •t Tiki Circle Molokai Drive Christine Drive .o .� Mom- .�-''� ,���.. .._-� �, s�,�ra�"•-,'.�` ����k� .� �`',r Bermuda Drive Christine Drive Christine Drive z 0:-9 b 112 rl ATTACHMENT 6 CV STOP THREE STORY HOME REMODELS �j CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRES S PHONE CITY SIGNATURE (7/ SIGNATURE PRINT SIGNATURE PRJNT ­D130 LA . ej iz� SIGNATU J PRINT C�" k i SIGNATURE G�f a . P � STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA, With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRES S PHONE CITY 7 TNT ���' � 1 c�.Q1 `-A lei SIGNATL'T�J'�,-,, PRINT SIGNATURE ... PRINT, 4 SIGNATURE PRINT SIGNATURE�'��7 2cc� �� �� 2 �_of PRINT SIGNATURE -1VA / s� STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004.a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS ` �' Li `PHONE CITY ►IGNATURE c,db�k PRINT 2 t -1 ?_Z ,o k_.e_ l✓o..,- At SIGNATURE SIGNATURE -�- PRINT SIGNATURE / o< 7, rz--A�led?,f 14" ��r PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY 'Zit,1 i __t�c K&Z✓ n\ez� Ld) . k4b '1 -1 '`�� �G SIGNATU / Z4 PRwT A6�1 4, Z�-2- SIGNATURE PRINT E c 1 w x'n .D Z-1 SIGNATUREPRINT qig '�( <07 31 SIGNATURE SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRES S PHONE CITY Til SIGNATURE A SIGNAT r of AJ AA LM, c) A -'�l J._pR TNT A64 � -7/1� cI�2- 3oo 3 SIGNATURE r /V- SIGNATURE PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a. conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level, We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRES S PHONE CITY pp INT9 V�' � CA' � 4, K INO 0 tl­�'YN qG,C1 SIGNATURE 217oz KCLneol,e 96tl q6PZ. H 6. PRINT SIGNATURE PR I SIGNAT RE TePRINT Vi N �, q� V3--Ca3�7 SIGNATURE 6>�, ' PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERK ffT NO. 03-5i Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted., On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY �PRINT SIGNATURE PRINT SIGNATURE a- r -._.PRINT Pp, QIL�' 2-��'t i �at�-� �� c-�, �� ►�� SIGNATURE ' , PRINT SIGNATURE PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRES S PHONE CITY T) t (�, �J"_ Y a- ((�- o44CL '29 V75 SIGNATU Q � SIGNATURE PRINT SIGNATURE PIZMT SIGNATURE PRINT SIGNATURE 0 STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted.. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY 4 [ n { {1�J,c�� !Tu�1�/ �L1� Gd >L�1 �raC�i.3r'i� ..1� �. � 4 C� - - PRINT SIGNATURE PRINT SIGNATURE PRINT SIGNATURE PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY _SIGNATURE L4d PRINT SIGNATURE _PRINT SIGNATURE PRJNT SIGNATURE PRINT SIGNATURE ✓��j � o z - p� 9, STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful-in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, ?004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY 2/q/ ELI, - r SIGNATURE PRINT �)oRrT SIGNATURE a - PRINI pode4— q1,TJ 111*4 c-A SIGNATURE SIGNATURE PRINT 7c> SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY . 72iT ktN"O 31GNATUREPRINT SIGNATURE 'Icy- PRINT SIGNATURE SIGNATURE, SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted.. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful.in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY SIGNATURE PRINT 2ah I OR- SIGNATURE PRTNT �. Loo M iJ SIGNATURES PRINT SIGNATURE PRINT 4�IAII:) 67 mle_Lck 213t mdla�'bt - SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. . On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY '7 TNT SIGNATU PR INT !X 2-s SIGNATURE PRINT W I 2kKx _:f2bc I IC0 ry)'4 SIGNATU 0' � PRINT SIGNATURE PRINT SIGNATURE C�� STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is.scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY 9l�3 g9f SIGNATURE R TNT �C: —/ e SIGNATURE o�° . a� P INT SIGNATUREo�s' FRINT SIGNATURE PRINT SIGNATURE 0 STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY T-)p T j 4 C_/z' '6k k/0'/ew J�ac 0/r, SIGNATURE PRINT SIGNATURE w �i ct��>_( GJ .. / /-� �( � ,�� �i3v CA��I�I�-�; 1� 9�a�•-rro-o,J SIGNATURE '< ,PRINT \_.J • " _ SIGNAT �'� - -- PRINT 77 0� ^ao-n SIGNATURE 1 i STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of 'Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being.granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY SIGNATURE _ - "--- PRINT rn SIGNATURE - - 7r l - PRINT V 4,r ��1)iG/e4 9�G'/ ��✓ kid�, �.� �_,; '� SIGNATURE :2Yetk ,7. .. , PRINT Ca� (��, - 5er vvi�� l`4 7Id/ fr bula r SIGNATUREa PRINT 71`f 7 SIGNATURE, E �. STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being.granted an appeal date before the Planning Commission Board. Our appeal date hearing is.scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY RM."Alum- or SIGNATURE . u1s c/) 1 C� SIGNATURE s k1VOa.."q saws -F,4 z - Si 3 SIGNATURE SIGNATURE - PRINT :. f� ffL i!�' jidaoV ZI 731 fflolvl LLB SIGNATURE �� � J. STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and.Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being.granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. f NAME ADDRESS PHONE. CITY qit 4 �t D 2- c�G D tit/ a Y, t I �!ot�/cL �c�1tic�. x a SIGNATURE G 7 PRINT fArA L( LA ?Oq 4 Dl� 769 3 ` 22 �k_ L( Ln 19,0/_4 SIGNATURE pR ro, 52- k�rsw�... L.cr .. SIGNATURE PEJNT SIGNATURE PRINT SIGNATURE U . STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and.Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9151 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hail, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY T) I "T -Al Fitz SIGNATURE , �- PRINT .--AnUla 1ja6yie'L 2 1-7 f1"UtAek, Dc . y �� SIGNATURE PRINT 2W, 0-&9 x7/- y Qi Z`i a j SIGNATPRINT ,� '� -------- SIGNATURE_E�b PRINT SIGNATURE STOP THREE STORY HOME REMODELS CONDITIONAL USE PERMIT NO. 03-51 Protect your home investment. The Planning and Zoning Administration of the City of Huntington Beach is considering a conditional use permit that would allow a home in our neighborhood to be remodeled from an original two-story home to a three-story home. The tract neighborhoods of Fashion Shores and Newport West will be impacted if this permit is granted. On June 23, 2004 a conditional use permit was granted to a home at 9 15 1 Bermuda Drive, Huntington Beach, CA. With the help of several on the City Council, we were successful in being granted an appeal date before the Planning Commission Board. Our appeal date hearing is scheduled for Tuesday, July 27, 2004 at 7 P.M. We welcome your attendance. City Hall, 2000 Main Street. Lower level. We would like your support in defeating this conditional use permit for a three-story home addition in our neighborhood. Please sign below if you support the defeat of this conditional use permit. NAME ADDRESS PHONE CITY n11,7o-14 T ,�j' �G�� ;�C ,� ��i� �J�� 9(f-S 7�1 rem y: SIGNATURE SIGNATURE • C� RD SIGNATURE ,. ,,,,_' , PRINT - SIGNATURE PRINT SIGNATURE ATTACHMENT 7 p D DE S (OF FILM U�J.Z4UlI�J" X DF Q D © a PROJECT DD DDD°7 Del o o 0 0 0 U� D o 9)A moo Dd o &MMm � ��)d y gfl ftomd� ZONING ADMINISTRATOR ACTION : ZA approved on June 23, 2004 . Complies with ZSO: No variances requested. . Design compatible with surrounding neighborhood. PLANING COMMISSION ACTION Appeal filed by Commissioner Tom Livengood . 3rd story addition not compatible with the surrounding 1st and 2^d story neighborhood. . 35 ft. height not compatible with surrounding. Planning Commission Approved July 27, 2004 . Complies with maximum height limit. . Design compatible with and compliments surrounding neighborhood. APPEAL OF PLANNIG COIIISSIQN ACTION A. Appeal filed by Council Member Debbie Cook 3rd story addition not compatible with surrounding neighborhood and may adversely affect property values 35 ft. height not compatible with surrounding neighborhood Approval of CUP may establish a precedent for 3 story homes at comparable heights in the neighborhood. loom yi 1 i i JI r ,i s I F Y�i tg I'!' 1 SURROUNDING NEIGHBORHOOD: Bounded • o sec Hamilton •the north, Ma9na�ia x � ._ Subject Site m Magnolia to the west, m flood control channel to �x�orA��ae os east • - t r-U IPGd�R'�li �o SURROUNDING NEIGHBORHOOD: Neighborhood constructed in the • • 0's consisting • 489 units total 4• • one • 4 • • • two • homes Two CUP's granted to allow additions at heights over 30 ft. Three CUP's granted toallow • story additions 4 a as 4- STAFF ANALYSM a C3d�[kJ6 a �0 0 " 0 Du IT 0 a Ran nDl rP Mil [ �c 5 ELEVATIONS ' REAR[ ATX)N(NORTH) RIONT BIO[ELEVATION IiABn LCRT lOR:ELEVATION(.K.n FRONT&EVAMN f8OOTN1 • , • • • • • 1 1 1 1 1 1 � 1 ' ' 1 1 ----- -- 1 t ' EV 0 c ' d 1 y 1 Q 1 1 1 0 I ' r� r-1 ri om 1 LJ LJ LJ p J---- ----t .aj 6 r .. �, min sr� £!��•�� �a �� �. r STAFF RECOMMENDATION O o O Ln II�J'141.�19 fl IJ�NIJUI A I �UlJlll o o o [END (DIP [PRESENTA71OO N g i i t RCA ROUTING SHEET INITIATING DEPARTMENT: PLANNING SUBJECT: Appeal of CUP No. 03-51 (Clevely Residence - 3rd Story Addition COUNCIL MEETING DATE: September 7, 2004 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ElNot Applicable (Signed in full by the City Attorne Subleases, Third Party Agreements, etc. Attached El Not Applicable A roved as to form b Cit Attorne Certificates of Insurance (Approved b the CityAttorne Attached El y Y� Not Applicable Financial Impact Statement Unbud et, over $5,000 Attached ❑ ( g ) Not Applicable Bonds (If applicable) Attached ElNot Applicable Staff Report (If applicable) AttachedNot Applicable ❑ Commission, Board or Committee Report applicable)If a Attached p ( pp ) Not Applicable ❑ Find in s/Conditions for A roval and/or Denial Attached g pp Not Applicable ❑ ....... EXPLANA .ION FOR MISSING ATTACHMENTS N/A REVIEWED RETURNED FORWARDED Administrative Staff ) ) Assistant City Administrator Initial City Administrator Initial City Clerk ( ) EXPLANATION.FOR RETURN OF ITEM Only)(Below Space For City Clerk's Use RCA Author: HZ:SH:HF:RT:rl NOTICE OF PUBLIC HEARING 14e BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Tuesday, September 7, 2004, at 7:00 PM in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following item: ❑ 1. LOCAL COASTAL PROGRAM AMENDMENT NO. 1-03: Applicant: City of Huntington Beach Request: 1) To accept modifications to the Huntington Beach Zoning and Subdivision Ordinance approved by the California Coastal Commission on June 10, 2004 for LCPA No. 1-03. 2) To amend the Huntington Beach Zoning and Subdivision Ordinance to reflect the California Coastal Commission's modifications. Location: Coastal Zone. Project Planner: Jason Kelley ❑ 2. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 03-51 (CLEVELY ADDITION): Applicant: Alise Clevely Appellant: City Council Member Debbie Cook Request: To permit the construction of a new 518 square foot third floor balcony in conjunction with the partial reconstruction and expansion of an existing two-story single-family dwelling. The dwelling will have an overall building height of 35 feet. The request includes a review and analysis for compliance with the Infill Lot Ordinance. The Infill Lot Ordinance encourages adjacent property owners to review proposed development for compatibility/privacy issues, such as window alignments, building pad height, and floor plan layout. Location: 9151 Bermuda Drive (north side of Bermuda Drive and east of Magnolia Street). Project Planner: Rami Talleh NOTICE IS HEREBY GIVEN that Item Nos. 1 and 2 are categorically exempt from the provisions of the California Environmental Quality Act. ON FILE: A copy of the proposed request is on file in the Planning Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after Wednesday, September 1, 2004 ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit evidence for or against the application as outlined above. If you challenge the City Council's.action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions please call the Planning Department at 536-5271 and refer to the above item. Direct your written communications to the City Clerk. Joan Flynn, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 GATECIATC\ 01 NCHA04\04cc0907.dnc D I AN MEETING DATE: September 7, 2004 DEPARTMENT RECEIVED SUBJECT: REQUESTING: DATE Planning 08/14/04 Local Coastal Program Amendment#1-03 TODAY'S DATE August 19, 2004 VERIFIED BY ADMININSTRATION: peiv-cw'w,� APPROVED BY: Penelope Culbreth- ra t City Administrator August 19,2004 11:31 AM i c CITY COUNCILIREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBJECT: Plot I\ M D 1 .ice, CUP 0 j-51 DEP T MEt�T: t► MEETING DATE: O� . CO ACT: M \"�I� PHONE: N/A YES NO ( ) ( ) Is the notice attached? { ) Q ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? ( ) ( ) Are the date,day and time of the public hearing correct? , { ) ( ) If an appeal,is the appelanes name included in the notice? If Coastal Development Permit,does the notice include appeal language? • j ( ) Is there an Environmental Status to be approved by Council? ( )` Is a map attached for publication? ( ) ( ) ¢� • Is a larger ad.required? Size ( ) ( ) Is the verifi catioa statement attached indicating the source and accuracy of the mailing list? r ( ) ( ) Are the applicant's name and address part of the mailing labels? ( ) ( ) ( Are the appellanes name and address part of the mailing labels? If Coastal Development Permit,is the Coastal Commission part of the masliag labels? If Coastal Development Permit,are the resident labels attached? �Q ( ) ( •) Is the Report 33433 attached? (Economic Development Dept.items only) Pleas complete the following: _ 1. Minimum days from publication to hearing date O 2. Number of times to be published I 3. Number of days between publications 21 Jam Free Printing ® www.avery.com gVERY® 5960TM Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY FU3LIC HEAPING NOTIFICATION CHECKLIST`B" Cl P C)3—� 1 ,MAILING LABELS-June 24,2004 Q.abc1s\Labels\Fublic Hearing Richard Loy 42 Huntington Beach Girls Softball' 47 9062 Kahului Drive \ " r1c-son Ccrnmissioner Cathy WI-iite" Huntington Beach Cif 9?646 P.O.Box 3�143 �J-t 1 Cata�rcle non cd Hunt � > I ngron Beach,Ca 92646. John Ely 42 AYSO Region 117 7/ _i110 Region 55 4; 22102 Rockport Lane John-Imanza Co-n-russioner Duane.Hurtado Huntington Beach CA 92646 9468 Cormomnt.0 P.O.Box 1852 Founclin,3We�CA 92708 �. Liuntington Beach,CA 92647 HB GerrtaFft munl 1es s. . •-43-----H n ton Valley Litre League 47 I� Fii31�i`Iockerr 41 David Guido Renee Au ler -Manilal Pa' ar. 143 E.Meats venue 209 Hartford iietzler >�1,� Orange,CA 928(� Huntington Beach,CA 92648 H=ndngton Beach,-�A 926;7-`-. Downtown Business Association 44 AYSO Region 143 47 11B Pop Warmzoothatl" 47 Mr.Steve Daniels Commissioner Anthony DeGiglio 'Martin Stake 200 Main Street#106 IX 13976 Milan Street P.Oe 5066 Huntington Beach,CA 92648 %X�estminster CA 92683 Funcngton Beach,CA 92615 Downtown Residents Association 45 �Scrain Valley Youth Baseball" 47 North HB Soccer Club ' 47 Ms.Marie St.Germain Al Lea President George Mitton 505 Alabama 14591 ''kca Circle / 18601 Newland Street,#94 Huntington Beach,CA 92648 Huntington ach,CA 9'_'G4t7 Huntington Beach,CA 92646 Chairperson 46 I I.B.Jr.All-Arn 6�iam h otball"r 47 Robinwood Little League 47 Gabrieleno/Tongva Tribal Council Gregg NutvX S^.sdv Huber PO Box 693 P.O.Bo�r'45 161=?Algonquin St.,#D San Gabriel,CA 91778 /Hunt ngton Beach,CA 92647 Huntington Beach,CA 92649 ]uaneno Band of Mission Indians 46,.E Huntington Beach Soccer League` 4\ Seanew Little League- 47 Aciachemen Nation Felipe Zapata Brea Shannon 31411 La IV[atanza Street ,! 184=F?Steep.Lane,#3 201 1 1 _Lrina Lane San Juan Capistrano,CA 92675;?625 Huntington Beach,CA 92648 untin -t on Beach CA 92646 South Coast Soccer quilt"'" 47 Ocean View Little League 47 Wes!minster 'illage HOA 48 President lylartin 11 i on Cathy Van Doornum,President 5200 Blaclpool oad 8921 Crescent Otive 6881 Steeplechase Circe,#H West.-ainster, C_a '1683 Huntington:Beach,CA 92646 Huntington Beach,CA 92648 West/Co.Family YMCA° - 47 South FIB Girls Fast Pit 49 Lacal Brewer ne Enser Coasdceenec, 21U0 Main treet 21401 Pinerree Lane 1 Old Newport Blvd.,Ste.103 Huntington Beach,CA 92646 Huntington Beach,CA 92647 N:vvrort Beach CA 92663 w-L096S®A?J3A%f a AS3Ab-09-008-L m096S 31VIdW31®tiany es0 woxkMe-mmm 6ui3ulJd eaq wef Jam Free Printing www.avery.com Use Ave ®TEMPLATE 596011- �� AVERY@ 5960Tm rY 1-800-GO-AVERY PUBLIC HEARUNG NOTIFICATION CHECKLIST"B" IvWLING LABELS-June 24,2004 G:Labels\Labels\Public Hearing President 1 Huntington IIarbor POA 10 S_e Johnson 16 H.B.Chamber of Commerce P 0.�� 1 �--" 1:6?1 Quiet Bad Lane 19891.Beach Blind.,Ste..140 Sunset Beach; 742 Hun '-igeonBeach,GA9'_64b Huntington Beach,CA 92648 Betty jo Woollett 2 1;,llinrn D.Holman 11 Edna Lit-tlebury 17 Orange County Assoc.of Realtors PLC Gldn Sr.Ndob.Hm.Owners Leag. 25552 La Paz Road ::�Corporate Plaza Drive 11021 Magnolia Blvd. Laguna Hills,CA 92633 Newport Beach CA 92660-7912 Garden Grove,CA 92642 President /3 Pacific Coast Archaeological 18 Amigos De Bolsa Chica / SGciety,Inc. 1�i531 Bolsa Chica Street,Sd e 312 P.O. Box 10926 Huntington Beach,QYV92649 Coss Mesa,CA 92627 Attn;Jane Gothold Sunset Beth t)mmunity Assoc. .4 Pres., H.B.I-fist.Society 13 Director --- 19 Pat'I)ai`es,President C/O Newland IIouse Museum O.C.PCng.&Dev.Services Dept. PO,Box 215 1982( �each Blvd. P.O.Box 4048 1 Sunset Beach,CA 90743-U215�, Huntingtd Beach,CA 9�64S ter,,a Santa Arsa,CA 9270374"9: President 5 Comm nify Service' Dept. 14 Vicky V tlsor� i 19 Huntington Beach Tomorrow Chairperson O.C.Public['Icilities Res.Dept. PO Box 865 Ilistorcal Resources Bd. P.O.Box 404k Huntington Beach,CA 92648 �' i Santa Aria,CA%70i-4848 Julie Vandemost G Council n Aging 15 Plannirg Director/i 20 BIB OC 1706 Ora�ige.Are. C1L?T of Costal mesa, 177 kv Park Circle,#170. Hunting Beach,CA 92648 � P.O.Box 1200 Irvine C� 92614-4441 �� �' Costa Mesa,CA h?6?8- 100 Richard Spicer . 7 Jeff Nfetzel 16 Planning Di=tor 21 SC1kG SeaclifE:HOA City:of Fountain Valley 818 West 7th,'lath/Fl t 19391 Sliady.Harbo�Circle 10'_00 Slater Ave. Los Angeles,C1'00017 Huntington Beach,&4� 648 Fountain Valley,GIk 92708 4 E.T.I. orral 100 8 John I.oe 1 16 Plannm&birector \[araf1�3e11 ,Seacliff HOA/ City of 1ecyport Beach 20292 Eastwood Cir. 19382 Surfdale Lane P.O.Box 1768 Iuntington Beach,CA 92646 Huntingtoh Beach,CA 92648 Newport Beach,CA 92G63-8915 Al7 Hendricker 9 Lou N -ione 16 Planning Director _11. Environmental Board Chairman Seae{iff HOA Gib of Westr roster 1 8452 Grace Circle 19821 Ocean Bluff Circle 8=00 Wesuninster Blvd. Huntington Beach,CA 92646 Hu`r ngton Beach CA 92648 Westrninster,CA 92683 wi0965 cz,A2J3A1o/ 1�//1 Aa3AV-09-008-L vu096S 31d1dW31 okaw asB ..�.c.,......... Jam Free Printing �g D'3—S l www.avery.com Q AVERY® 5960TM Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY i ^0' Radius Public Notification Boundar September 17,2003 APN 149-011-13 Job 3346 9151 Bermuda Drive Page 3 of 3 Huntington Beach, CA 92646 14901221 55 14901222 56 14901223 57 .John P & Virginia M Murphy_ Ole.Oleson . Peter Parkovich 9131.Kahului Dr 9121 Kahului Dr 9111 Kahului Dr Huntington Beach CA 92646-7820' Huntington Beach CA 92646-7820 Huntington Beach CA 92646-7820 14901224 58 14901409 59 14901410 60 Donald L Schlieter Steven W & Claudia G Hansen Larry S Poe 9101 Kahului Dr 9132 Kahului Dr 9142 Kahului Dr Huntington Beach CA 92646-7820 Huntington.Beach CA 92646-7825 Huntington Beach CA 92646-7825 14901411 61 14901412 62 14901413 63 Edward V Garnett Howard Geoghegan Daniel M Braun 9152 Kahului Dr 9162 Kahului Dr 9172 Kahului Dr Huntington Beach CA 92646-7825 Huntington Beach CA 92646-7825 Huntington Beach CA 92646-7825 14904206 64 14904211 65 14904305 66 Maids F Cheung Richard A & Yasuko Young James A Garrison 14882 Dahlquist Rd 21681 Bahama Ln 21682 Bahama Ln -Irvine CA 92604-2902 Huntington Beach CA 92646-7809 Huntington Beach CA 9264&7810 14904310 67 = Coffman California Coastal Commission California Coastal mmission 21681 Kaneohe Ln 200 Oceangate, 10"Floor 200 Ocean 0�'Floor Huntington Beach CA 92646-6309 Long Beach, CA 90807-4302 Lon ch, CA 90807-4302 w10965® mod AV3AV-0"08-L w.L0965 31MdW31�aAd as0 wog tiane•nMnMn - 6unuu.1 aaja wer