Loading...
HomeMy WebLinkAboutCoastal Development Permit 02-21 (CDP) Conditioned Use Permi i Ross, Rebecca From: Brockway, Connie Sent: Thursday, August 14, 2003 3:30 PM To: Ross, Rebecca Cc: Ehring, Liz; Jones, Dale; D'Alessandro, Paul Subject: FW: cdp cup variance findings Rebecca- Please attach a copy of this email to the Todd Residence folder. We should be hearing from Paul D. soon and it appears from the City Attorney's email that the revised findings will not have to return to Council. Connie -----Original Message----- From: McGrath,Jennifer Sent: Thursday,August 14, 2003 3:28 PM To: Brockway,Connie Cc: D'Alessandro,Paul Subject: RE: cdp cup variance findings Paul will be responding to your previous e-mails. -----Original Message----- From: Brockway,Connie Sent: Thursday,August 14,2003 2:24 PM To: McGrath,Jennifer Subject: cdp cup variance findings To: Jennifer McGrath, City Attorney Please inform me if you require a formal RLS to respond to my previous emails requesting confirmation of your concurrence with the Planning Department that return to Council is not required for the revised findings relative to the Todd Residence project. The findings had to be revised in order to approve the residence without the variance and those findings were not the ones included in the council motion. For the file I need a very short memo from the City Attorney's Office stating that return to council is not necessary. Today I forwarded copies of the notification letter to the Coastal Commission and the letter sent to the appellant/applicant relative to G.C. Section 1096. 1 would like to complete the filing of this action and enter it into the computer records. I can do so upon receipt of your response to my inquiries. Connie Brockway City Clerk 1 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 14, 2003 California Coastal Commission South Coast Area Office 200 Oceangate, 101h Floor Long Beach, CA 90801-4302 NOTICE OF ACTION COASTAL DEVELOPMENT PERMIT NO. 02-21 Appellant: Debbie Cook, Huntington Beach City Councilmember Applicant: W. Gary Lamb, 110 W. Ocean Boulevard, Suite 604, Long Beach, CA 90802 Request: Appeal of the Planning Commission's approval of Coastal Development Permit No. 02-21, Conditional use Permit 02-40, Variance 02-09 Location: 16412 Ardsley Circle (South of Humboldt Drive at the terminus of the cul-de sac, (Todd Residence) Coastal Zone Status: NOTICE IS HEREBY GIVEN that this project is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-21, filed on July 16, 2002, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on this project may be appealed to the Coastal Commission within ten (10)working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivison Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 101h Floor, Long Beach, CA 90802-4302, phone number: (310) 570-5071 Environmental Status: Categorically exempt from the provisions of the California Environmental Quality Act. G:Fo11owup\AppeaA90-dayltr.doc (Telephone:714-536-5227) On July 7, 2003 the Huntington Beach City Council denied Variance No. 02-09 based on Findings for denial as set forth.in Staff Report (attachment 1) and approved Coastal Development Permit No. 02-21 and Conditional Use Permit No. 02-40 based on Findings for approval as set forth in the staff report(Attachment No.1) The motion carried by the following roll call vote: AYES: Sullivan, Coerper, Boardman, Cook, Houchen, Hardy NOES: Green ABSENT: None Sincerely, Cz� Connie Brockway, CMC City Clerk CB: ds Enclosure: Legal Publication Notice for public hearing Findings for Approval/Denial Conditions of Approval 7/07 Action Agenda Pgs. 8 cc: Ray Silver, City Administrator Jennifer McGrath, City Attorney. Howard Zelefsky, Planning Director Ron Santos, Assistant Planner Herb Fauland, Principal Planner Mr. & Mrs. Allen Todd W. Gary Lamb G:FoIIowup\Appeal\90-dayltr.doc CONDITIONS OF APPROVAL—COASTAL DEVELOPMENT PERMIT NO. 02- 21/ CONDITIONAL USE PERINHT NO. 0240: 1. The site plan, floor plans and elevations received and dated February 27, 2003, shall be the conceptually approved layout with the following modifications: a. The proposed thir&story shall be designed within the confines of the second-story roof volume. b. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes, and similar items on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 to the Planning Department for review and approval and inclusion in the entitlement file. b. 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. c. . All Fire Department requirements shall be:noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City specification 9426 —Fire Safety Requirements for Construction Sites. (FD) b. For Fire Department approval, plans for an automatic fire sprinkler system shall be submitted to the Building & Safety Department as separate plans for permits. (FD) c. For Fire Department approval, shop drawings for a fire alarm system shall be submitted to the Building & Safety Department as separate plans for permits. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved workplan modified accordingly. (FD) b. All applicable Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or Attachment No.2.1 repair shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 5. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. An automatic fire sprinkler system shall be installed throughout in. accordance with approved plans. (FD) b. An fire alarm system shall be installed in accordance with approved plans. (FD) c. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) d. A new sewer lateral shall be installed. (PW) e. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The water service shall be a minimum of one inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards for domestic water service. (PW) g. The existing domestic water service and meter shall be abandoned per Water Division standards. (P`V h. Provide a 36-inch box tree or paten equivalent in the front yard: (PVC i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. j. Building permits shall be obtained for the accessory structures constructed without permits or structures shall be demolished. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the City Council's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the City Council may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. Attachment No.2.2 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 02-2 1/Conditional Use Permit No. 02-40 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone,there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The City Council reserves the right to revoke Coastal Development Permit No. 02-2 1/Conditional Use Permit No. 02-40,pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building &`Safety, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of 543.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the City Council's action. 7. State-mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within the right-of-way. (Pw) 9. Any proposed cantilevered deck,dock, and/or ramp improvements located in the public waterway shall require separate permits. Attachment No.2.3 COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 02-09 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council 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 to an existing single-family dwelling. FINDINGS FOR APPROVAL- COASTAL DE«LOPMErT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft., as conditioned, conforms with the General Plan and Local Coastal Program Land Use designation of Residential Low-Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project, as modified by conditions of approval, is consistent with the requirements of the CZ.Overlay District, the Residential Low-Density base zoning district, as well as other applicable provisions of the Municipal Code. The project, as modified by conditions of approval, complies with HBZSO standards for maximum building height,minimum yard setbacks, maximum site coverage and minimum on- site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure and services in a manner that is consistent with the Local Coastal Program. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project«rill not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL- CONDITIONAL USE PERMIT NO. 02-40: 1. Conditional Use Permit No. 02-40 to construct an addition to an existing single- family dwelling with(a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second-story top plate line,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 proposed dwelling will be constructed in single-family residential neighborhood predominantly developed with two and Attachment No.1.1 g. The existing domestic water service and meter shall be abandoned per Water Division standards. (PW) h. Provide a 36-inch box tree or palm equivalent in the front yard. (PW) i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable ' material, shall be disposed of at an off-site facility equipped to handle them. j. Building permits shall,be obtained for the accessory structures constructed without permits or structures shall be demolished. k. Compliance with all conditions. of approval specified herein shall be accomplished and verified by the Planning Department. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 02-2 1/Conditional Use Permit No. 02-40 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 8 +cam, P r ZA Minutes 2/12/03 6 (03=0212) 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as Well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building & Safety, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. 7. State-mandated school impact fees shall be paid prior to issuance of building permits. S. An encroachment permit shall be required for all work within the right-of-way. (PW) Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. ITEM 2: COASTAL DEVELOPMENT PERNIIT NO. 02-32/CONDITIONAL USE PERMIT NO. 02-68 (ZIMMERMAN BLOCK WALL): APPLICANT/ PROPERTY OWNER: Mark Zimmerman, 17140 Edgewater Lane, Huntington Beach, CA 92649 REQUEST: To permit the construction of a 6-foot high block wall within the required 15-foot front yard setback in lieu of the maximum allowable height of 42 inches, at a distance of 4 feet, 6 inches from the front property line. LOCATION: 16951 Bolero Lane (west side of Bolero Lane, south of Finisterre Drive on Davenport Island) PROJECT PLANNER: Paul Da Veiga Paul Da Veiga, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the proposed project. Staff presented a review of the proposed project and,the suggested findings and conditions of approval as outlined in the staff report. ,��Vie. F,,,:•„ -•,- r.��3 E `;V ...r.. ZA Minutes 2/12/03 7 (03=0212) �+. r V w q±:: r, L 7 20D, 5` February 27, 2003 Ms. Mary Beth Broeren Office of the Zoning Administrator P. 0. Box 190 Huntington Beach, CA 92648 Subject: 16412 Ardsley Circle (CDP 02-21, CUP 02-40, VAR 02-09) Dear Ms. Broeren: We write at the request of our client to exercise his right to appeal the denial of Variance No. 02-09 for the referenced project. The reason for appeal is that the existing site and existing building conditions prohibit the design and construction of a third-floor addition that is both compatible with the existing architecture and the surrounding neighborhood while being completely in compliance with your ordinance requirements. We feel strongly that'our submitted design satisfies the intent of the Ordinance in that the design appears integrated and complementary to the existing architecture rather than over-scaled and incompatible. We believe that the aesthetic qualities of the proposed design related to the unique site and unique existing architecture must be taken into consideration in the evaluation of the design's intent to address the underlying considerations behind the development of the ordinance. Please feel free to contact me with any comments or questions you may have. Sincerely, WTERSTICES, INC. W4ar amb, AIA Enclosures cc: Allen Todd 1 1 O WEST OCEAN BOULEVARD, SUITE 604 LONG BEACH, CALIFORNIA 90802 582.432.4342 VOICE 582.432.6242 FAX April 2002 Subject: Permit Variance for 16412 Ardsley Circle To Whom It May Concern: I am the propery owner and reside at 16401 Ardsley Circle, which is immediately adjacent to 16412 Ardsley Circle. I have briefly reviewed the elevations and plans for both the proposed alternative requiring a variance and two altematives that comply with the Huntington Beach Building Codes. 1 feel that the proposed improvements: • will be an enhancement to the architectural aesthetics of the neighborhood, will not materially impact my view, a will improve the drainage in my driveway, and • are preferred by me to the other possible alternatives that comply with the Huntington Beach building code requirements. in conclusion, I have no objections to the variance requested for 16412 Ardsley Circle. Very Truly yours Ruth Moore C:WIyFIIwperaonaltte:nArdalsy Remodemrosley variance Moore ref letter-derE Lk It 1 5.31 i April 2002 Subject: Permit Variance for 16412 Ardsley Circle i iTo Whom It May Concern: I am the property owner and reside at 16402 Ardsley Circle, which is immediately adjacent to 16412 Ardsley Circle. I have briefly reviewed the elevations and plans for both the proposed attemativeCquiring a variance and two alternatives that comply with the Huntington Beach Building Cos. Further, I feel that the proposed improvements: A will be an enhancement to.the architectural aesthetics of the neighborhood, • will not materially impact my view a are preferred by me to the other possible third story alternative that complies with the Huntington Beach building code requirements, and Are not materially different, from my properties perpective, to the two story alternative. In conclusion, I have no objections to the variance requested for 16412 Ardsley Circle. ^� Very Truly yours Dan y'3ones C.Ny File 9lpersonaillertlArdsley RemodeWdsley variance June&ref letter.doe • 1 5�3Z January 22, 2002 Zoning Administrator City of Huntington Beach 2000 Main Street Huntington Beach, CA 92647 Attention: Paul Da Veiga Liaison to the Huntington Beach Zoning Administrator Re: Conditional Use Permit 02-40 Variance 02-09 16412 Ardsley Circle As a Huntington Beach resident and a homeowner in Huntington Harbour, where the subject property is located,I oppose the granting of Conditional Use Permit 02-40 and Variance 02-09. Although my home is not in close proximity to the subject property on Ardsley Circle, my opposition to exceeding the City's building height and setback limits is both specific and general. Specifically, all Huntington Harbour homeowners are bound by CC&Rs. Understandably,the City does not enforce community CC&Rs. However,our CC&Rs and the Huntington Beach zoning ordinance for low-density residential areas are consistent in limiting building heights to 30 feet. In addition,the General Purpose of the CC&Rs stipulates"maintaining and securing proper set acks from streets and. adequate free spaces between structures." All Huntington Harbour homeowners agreed to these restrictions when they purchased their property,albeit in many cases it seems unknowingly. Regardless, the intent of the restrictions is to protect our community and all its homeowners. Enforcement of the existing ordinances not only facilitates the protection of our community but fosters a mutually agreeable relationship between the City's Planning Department and the Huntington Harbour community. Granted,pushing the envelope and wanting more is the American way. However, speaking generally, Conditional Use Permits to the City's existing building height and Variances to the setback ordinances are not in the best interest of residents in close proximity to applicant properties as well as the City and its citizenry. With the tremendous growth that has taken place in Huntington Beach in recent years and planned for in coming years,our ordinances and urban design guidelines,which provide the necessary roadmap for orderly and mutually respectful development,are ever more important. These instruments take a holistic viewpoint and are the result of a thoughtful process. They provide protection for individual homeowners as well as the City at large. Let's maintain the integrity of these ordinances,the thought process and the City of Huntington Beach. Doing otherwise has long-term detrimental effects as evidenced in many parts of our City and other communities throughout Orange County. Reject Conditional Use Permit 02-40 and Variance 02-09 thereby protecting the integrity of the existing ordinances and ultimately the City of Huntington Beach. " Sincerely, Carole M. Garrett 17163 Roundhill Drive Huntington Beach, CA 92649 ATTACHMENT NO. 5�33 • ATTACHMENT NO. • HBZSO SECTION 210.06(M): (d) Habitable area, which includes rooftop decks and balconies, above the second story top plate line shall require approval of a conditional use permit by the Zoning Administrator. Habitable area above the second story plate line shall be within the confines of the roof volume, with the following exceptions: (3334- 6/97, 3410-3/99) (1) Dormers, decks and other architectural features may be permitted as vertical projections above the roof volume provided the projections are set back five (5) feet from the building exterior and do not exceed the height limits as stated above. (3334-6/97) (2) Windows and deck areas above the second story plate line shall orient toward public rights-of-way only. (3334-6/97, 3410-3/99) Domieis.decks and other udito tival featues must Habitable:areas aTe: be setback 5-from • confined within the bddin-�,e.xt-rior roof•.rolume ` = • accessed from within the main dwallin • subject to conditional use permit approval HABITABLE AREA ABOVE SECOND STORY TOR-PLATE LINE FOR SINGLE FAMILY DWELLINGS IN ALL RESIDENTLAL DISTRICTS EXCEPT R,4IR-A SUBDISTRICT (e) Access to any habitable area above the second story top plate line shall be provided within the Main Dwelling and shall be consistent with internal circulation. Exterior stairways between the ground floor and a habitable area above the second story plate line shall be prohibited. (3334-6/97,3410499) Two vertical cross-sections through the property(front-to-back and side-to-side) that show the relationship of each level in a new structure and new levels added to an existing structure to both existing and finished grade on the property and adjacent land within 5 feet of the property line shall be submitted in order to determine compliance with this subsection. (3334-6/97, 3410-3/99) 5.3y Floor -,�d 5 w� Plate M _ x v Tod, of slab S la e T �. Dafvm a� Floor.71 • �y _ 1)1 SfoI 1'la Fe v1 ` -r,p of S-1A Abo,, e jzp of SI a b �► -Da+vin �f- S I op p FL ATTACHMENT 6 • • o -niO • • >En • • Cli C/ • r, •7 ff ✓� . { I/ §}4�Nt�,y h S�t�yygfit r ✓ ,./'ti * n !„ �, .e ,ytj�fF�:Fs �a�f j � F t s /� `� � 1V)� �F.} {r � e • .,. g * x1tNt �`,sA.�a , i'� J 1 \ • 7 sp iSE"+ n�`+�'iW r J`�i ,� �"V 'i k 5� < �( G( ?a.�7 ► '� +y)fyK �y t>< i�V s f ,l,�� i��H(� 1 a 3)n s�'i'.�2: i • � _NJ f i i r�i✓k'e��31 f'u�+�.• t.,�§�1+(t t r 4i# � t j_ ,� ;"r r i r�y,ti{�:' wr�✓r�,y�F J 9�1' ,Sd� r�i6 Z � t j, 4 ��--�� �� •S+�v A,;,�r c �5 r>(J�F�N�is gb M In J.i a�`dipi+�,,y,,k,�.4E'kux�•lr y�aa� ,t y uss{�r.�S}f+ ; t�s X�'„r, k�6� �f c F J?t •)jv �'`#��'�urr�'�� �`� l�r i'',{rd;rFr�is�ty yl^ir,`��r �,�t9����s��^ • �rftljyG (t t•+ 1 t""'} ) r 'r�5�" s �lrsAy�,.`�'��h;y mi,lY��'"� �e g ? ;A"r-1��"ki r0r t O 5.=xp' ffilr ,r LxS '�+'382's' 3' c YidzGK,.tl t+ J "rY4h.'rm t '��dix7t A5iVj''L.it m r �2E ;.p r i';dr' G,{ yE' a tS{Sep�fs yI.:< � fW y����i ����{lygg'1 J. JL Ff Yf Pj GGi'�154<t�}y�, • e t � S a ���.ys +,i � ar i �..b �,�t,�l iK °,i 3r• hy� rl PP 5"xy' 3- "t�i r�A ii i! fi�'v��4'��2 ri ,j• �� ��is� ''�Y�IK�Fi��EfSy?^! J/-it �'���,)G1�ril V. 1} �rd•1"•,'! iz '�� 5 r r4 v �jy �� uX • w A:.L;.it j ri. 4..t,... < rr1,:F�a.:'. � '!rt3r?.r„ N 'iPR i DESCRIPTION : Coastal DevelopmentPermit: ' . : 3rd story . : 2 s.f.) addition to • • welling Conditional Use Permit: n3rd story habitable space and 3rd story story habitablernot within confines of 2nd story • • volume MW �{ t 1 3 f M4 q Ali. 4t `4!R g` t.(/^R FL6T_5 �r•-,cc�SEY�c."h 1 _ J :a=o P¢u?05=�Sc.JTFiUe5;6LEYaTICti + i 4 i I ZONING ADMINISTRATOR JANUARY 22, 2002 - HEARING ■ MULTIPLE VARIANCE REQUESTS i . C.U.P. TO EXCEED 30 FEET ■ CONTINUED AT APPLICANT'S REQUEST FEBRUARY 12, 2003 - HEARING ■ REVISED PLANS . CDP & CUP APPROVED W/ CONDITIONS . VARIANCE DENIED i PLANNING COMMISSION <4 MAY 13, 2003 HEARING ■ Approved Conditional Use Permit, Coastal Development Permit and Variance. ■ Findings based on compatibility with existing 3-story dwellings in neighborhood. ZONING COMPLIANCE: 3 RD -FLOOR NOT WITHIN CONFINES OF 2ND-STORY ROOF VOLUME RD- 3 STORY NOT SETBACK MINIMUM OF 5 FEET FROM 2 ND STORY FACADE (AT REAR) RD- , 3 STORY WINDOWS NOT ORIENTED TOWARD PUBLIC R.O.W. STAFF RECOMMENDATION : .;-DENIAL BASED ON : Project does not comply w/ 3rd-story ordinance Incompatible w/ 2-story character of neighborhood Does not meet criteria required for approval of a variance n d � � t IIfrtt im I{}J})f}ur Connie Brockway,City Clerk c;\ p IA City of Huntington Beach t able A. Office of the City Clerk Delive a <I , Forward P.O.B UnableTo _ .'-,.. Huntington Beach,CA 92648 CllnsufilclentAddress G-:V;s ? � �,. a• — * — No Address .L aMoved, b� C H McT�RSe;:"�'70 ❑Unclaimed Reused ❑AtWmpted.HotKnown i a No sueb Street a Number 178-062-�0 (2�) ❑vacant a megihle PHILLiP • O No Mail Receptacle L TR. I ❑BoycClosed No oror'r 163 DSLEY CIR I NGTpy on etumed For Roll,' -ING BEACH. TON Q� IHcoxvon�rFu �F9� CAVE --.. PHILB66 926491005 1203 11 06/ae/03 NOTIFY SENDER OF NEW ADDRESS p ter-+. .Q .. PHILIPP I 4290 E MAYA WAY 9yC �QQ CAVE CREEK A2. 85331-2615 I c�UNTY ca`� LEGA N c1P ,R1�-/N,• 1 1 1 6' �r ''JL '7.r ny "art �'� III{1111'1I 111111111'111111'1111,1111'i l'l1 I'111I II 11'llll\1{1'I S �GTON �y_ HH 4 June 7 2002 Architectural Review Committee P.O. Box 791 Sunset Beach CA 90742-0791 Mr. & Mrs. Allen Todd 16412 Ardsley Cir. Huntington Beach, CA 92649 RE: Property at 16412 Ardsley Cir. Approval of Plans Dear Mr. and Mrs. Todd The plans submitted to the Committee on 5-3-02 for the proposed project at the referenced property address have been reviewed by the Committee and found to be consistent with and in compliance with the intent of the CC&Rs and are therefore APPROVED, subject to the following conditions: 1. The project is carried out in conformance to the plans submitted. 2. Any significant changes to the plans be submitted to the Committee for review prior to execution. Thank you for helping us keep Huntington Harbour a special place to live by cooperating with our review program. We hope that you have a successful project. ------------ J.S. Wayne d� by i .a Chairman Architectural Review Committee s- w._._........ _.__. K._......__. Huntington Harbour Property Owner's Association,lnc, P.O. Box 791 Sunset Beach, CA 90742 (714)840-7877 NO. 088487 CITY OF HUNTINGTO►V BEACH 2000 MAIN ST. DEPAATMENrOF HUNTiNOTON BEACH,CA 9264t rCONIA0.IOX no�c�nsw n+n ssf.fsA+ ALL INSPECTION REQUESTS MUST BE RECEIVED BY 4s00 P.M. FOR THE FOLLOWING DAY'S INSPECTION. B U I L D I N G P E R M I T Permit Number: 8-045220 PC N9500383 RD 164 Bldg. Addresss 4002 ONDINE CR Tracts NA Lots NA Blocks NA EXIST. BLDG. Building Use: SFD. ADD BONUS TO 3RD FLR Owners Contractors M/M ROSS VILLANI FRANK G SAME AS ABOVE 10391 MONITOR HUNTINGTON BEACH CA 92646 Ph. ( )840-4102 Ph. 968-7107 Classes: BI St.No. 480617 City Lic. A102740 Designers y JEFFREY A. DAHL !J 318 21ST. ST. H.B. Ph. ( )960-0075 -----------St. No. C017810_--------------------- --------------------------------- -------- Remarks: CONVERT EXSTG 3RD FLR DECK INTO BONUS ROOM W/BATH 386 SO FT. Sq.Ft. Res/Com: 386 Garage s No. Stories: Valuation: 30108 Misc. s No. Families: Bldg. Code: ADD Desc.s Occ. Group: Occ. Load: Zone: RL-C2 Public Building? NO Constr. Type: Census Codes 434 Bldg. Uses S.F.D. Park. Spaces: Entitlement(s): CDP95-3 Coastal Permit? NO Aeelicationi_06/19/95 Planchecks 06/19/95 NB 0300401 ----------------- -------------------------------------- --- Authorized: Buildings OB/06/95 MANNY Planning: 09/14/95 SM ------------Eire-Oeet==-- --Public_Works: P -------------------- f rocesseds 09/27/95 SDS ISB-045220 Issued: _09/27/95 SOS __.______________ PERMIT FEES DESCRIPTION AMOUNT ACCOUNT DESCRIPTION AMOUNT ACCOUNT f ----------- ------ ----------- ------ ------- > INSPECTION 296.00 RAACO23430600 ISSUANCE 20.00 RAACD23430600 PLANCHECK 272.32 tt PAID s)t PENALTY 0.00 RAACO23483000 LIBRARY 0.00 RAACD23471100 PARKS & REC. 0.00 RSKCD23435500 CONSERVATION 3.01 GAA 00020116 P/PLANCHECK 0.00 RAACD23133800 M[CRO COPY 4.00 GUU 00022555 TOTAL FEE 323.01 FINAL INSPECTION: Processed: 09/27/95 SOS S9-045220 issued: 09/27/95 SDS [[kk Tti i WORKERS'COMPENSATION DECLAMATION OWNER4UILDEA DECLARATION . IN. •SYn1 W.r pwWdq d pPry orb d M kbw.q d•dwaaol.: I h-by..W-Wmar War d papery Ma I wn•I-"a•In Contr•c+•ra UewIW U.0M bfowap ❑1 Ir a rM.a n.InWn a oe:f ft Of p A to 41iwr•kr w•IlI•I.'oolrywe.IM,p,...idea Ia A' I.pon IS•nbn 7W I.S,&,• wd PnMwi•n Cod•:Arp ofY w awnry.NAdW Iglp•prni8 b 11 270D of M U"O d Cod•,tar fb polmnwlw d M Wrwf k.~Vela pwlnf is .d ba . 1-40 .OW.'PC...Ow now w Np k any•bath•,ptt.b f.balwb., .f MWM M I ❑1 NM and Wp m.-woheb'tAw'OM.afdl fM.N.Fa,p W.pAW a 8•e1•WI 37001•f.La1d Code.1•r p7k+•I.q,dt pa•W.IIIaN•MSII•d qat m..A VW he .1....owr.d e.a•urA I*top.www•a d fb polo -o•d fb wwk kr~t pg"bawd.Lh Wk",CMVWSafwl.wave owlkw wM pdby fw ConpwWo LXw.•LAw(CApIw f)Iwo•Iwck g-Im S.M."d DNI M S of ti Sam.p U ,bWjwf,f. •ro Pldn•.w Coal w fw M w•w.#--o 0-0- -d P.0.Y b,M •a~ we-My Cflnw .I.I.lion d f.0. np+.f by wV.pp.o b,a P. aATw.4 N M1p•�III ID (M pw.k d nel mow ae•wI R I .d.alw doMn(SEW).): poky Afnew _ ❑1.p II....r d"popery.w my wl0111 wM-.9-W Y'..wN oorrp•I.•.wL WA a M went ••WwW Ww.O nw M oolnpMM/fb P."1.Iw-t-d d 00-1000)w bp. and f.much.nol Mwd.d W~W W•w•.IS.a 7044,B.W-and P W.." CUM•:Ter I oaNSY M b to pwMnwla CO ft wwk kr w"fw p.m.I.MWAIL I.hM Ilol 0 Ob7 any pa•.n In any wM abmw 00 ao b bpaWr ael.d b M wo.••n'aalrp•WaawW bw•d Cdlan•a.arM•0'••OId/I aNAAd Moon• wM ap such.alit NMW or hvWI1 w#K&O N.w Mr fan 0Wpb7.•..P.O.laf OW wd1 auq.R b M-MoW=varwfwl pa•wi•m of Saw.37W d/b L-bw co*.I wW knpw m pnaly-m +•.r.IId f•w.d.d a dMwl M•Y..f,I.ow...G fb Wuq w bW,wo.errrA b aob wlf.l fw.P.•I.bA► o b ya.1 aw W..fat M o+mwAaAar Wn7 NM M budwl d p o.•q f M Ib a•Ib m net twaf w b brMplpw.d Mk.) Dab: Appfowll ❑ I. I oiwW.r d M propwry,am•rtA.w.ly II•IIbaE.Ip WWM le•IW..d OwI,6.b 0aW1.•lA fb -- --_ pol.c+19a:.70AA,Ik..w..ad PIoM.br.Coa:TI.Corw•cbh llow.•law dop nf1.pOh ban WARNING:FAILURE TO SECURE WORKERS'COMPENSATION COVERAGE 19 UNLAWFUL AND SHALL •wnw d I-I Mb Glad.a Wv Lk f.•IM.) WAq ana•m 1•I aIT pIf(.cb wM••a10fobRA) ' SUBJECT AV EMPLOYER TO CROAKAL PEKALTIES AND CrJ%FINES UP TO ONE HUNDRED THOU,WIO p•WI..d MI-I b fb C•rgacbr.lbw.la+.f DOLLARS If+W.000),M ADDITION TO THE COST OF GGNIPENuTiGN.GAMAoE9 AS PROVIDED FOR IN ❑I wn.nIIIp u.d.r S.L SECTION 3700 OF THE"BOA CODE.WrEAESI.ANOATTORNEY'S FEES. BAP.C-kr veil D•b �_Ow.w __ ' TMS BOX FOR REGISTER VALIDATION ONLY CONSTRUCTION uINDINO AGM. I I..py AfbWI uMw p..wy d pwpy•s V.W I.a.,.WPU L .0 "IIIKV br to p.Ibm.rv.at M W.wt Iw weed.fp p.".-•1 bawd(Sao.3mr.Ch.CL 3270/65 27Sep95 001/12 $323.01 B045220 BUILDPERM LaMKa Wn. LeI.dKA TE [XENITIDN►ROw NMTK711ASURANCE OBE NEEDDOLLARSa EI plrE NAEp OOli8 I81001 LE L1C[/ISID tONTRACTol11 DECLAM ✓OTICE TO •Aw mN.p fI. d ���di M/JA-3.a�M 1 MfIY albb pabny d pwPry frN 1 w10.r po.NM f wlp Sw.fon W-Aw's Cwro.%~po..A►.of fr Lehr Lida,you ml.+b hWNh N.wWpp wO audl p.WMM w 70001 d d M ,aM IIW7 Id.W.e f/ 90 P-Al dW b•fpnwd r•.Wd. lAlww IA0. LbaN•Cop _� _ Cwlprobr Gab � 9925w2 Apo.►mwlfpryd ppwy pok.fw.L oap.rJy'!.•f•n T0f1,A+.a.•.arM PWOI•••1•rr Coal. Lk.w Rq ft. Dab_ . SqAW.I AwficwII wAg.M - k Walk If IId Wefnwlodd I ED days hale Oste of bwp of f..pwnl8.w S Watt b N O. 088487 ae.n", -tw nlpf SMn lW drys,Bff po"Nee bit"and.ad. PORM+•OJLM,anf WHITE COPY•INSPECTOR,BLUE COPY-COUNTY.CANARY COPY-OFFICE.GREEN COPY-APPLICANT.PINK COPY-TREASURER � • 1 k 1 •S f 4002 Odine Circle Water view of same house Note: This side has similar straight walls to third floor for a portion of the water view, similar to proposed for Ardsley CAMyFiImMexWdsley Remodel\THIRD STORIES Da"npoitdw 20 ■ y. 4002 Odine Circle Note : Style that complies with third story roof criteria...poor aesthetics C.WilesVexlWdsley Remodel\THIRD STORIES Dawnport.dm 19 - .... ., ,:yd"ii5 S?•ths •••h-5{;• , �; '^i�f ". :-" .:+ ,.ry .,7z s i. Y,: i• x 'i a 7 �` f �;' •r. * •r-w.,q. �+k S .'_�f-%)C�" - i£` -x5` 't, i' ( '.CCo 3'- ,t a- f' Fp, 1::ry}*� t a-tiro i y�f.it rM. A R-f..b! .iue..�: -r7T,. _ r t'a..,. ;fir' ,.N i. iv: :tb, ;,tom.-.�.t,,:r< ,ii'x ,:i e•,,.^E�.•3k<y&. �- ;i?. f t '''��:•S; ��°s;G;�'• r,- :�- 54 T��' ;iP,�'�f" �. 'J's f �•. i d ,y:-..K.�.�J'�d-� Y"�'";w � '�z"`rc,,°�lx;�,y"'� 'N'trr. :P"r' .'.fin �'� _ L. Sa,�,:�>r~a. ': '•�r say t' x- L>r-."a w4 .E:sa• sr -.t`.�� :', 9,",y,. .�<�,", �.:+r�"" )r r. .'i- r,' .x:' ;;, ;.p. �y5"� •a.;.a .t,*t{d:, y, (� t� `,ca:�_, ,��+�� - "�' 1 ,i4. Y'_t fSlr r�'rt- •,r„ .'s :Ftitx �- -i r�"••�.a.:,•- _t P Su: ..„=fY' .e fx. ..�.-:q•'trv-;:?. , „.3'$'k- S •if:.' �s.. ,":,''- '�'k• a�r s. tn w>`1, '.S<rj"}� r.. � dR'rF,r: .c? :F-+,.F• .�:.z, r'{7 �, '4 .t'TaYa�,sS �5�. �'.aK- "' -u, .b} -:J-Y•a ,�i� tG:".r 5ry�',ry �.�r-,xi,. �! 4,. t.�•. �Y� ,�}.- 4 .+ A :-� �i; :rl. CiSfd -,+`+.+wv, .',,•„ tti'9.. ..'t "`. iy�`►.,i .,r.{• .a. Hr.`f v'`R.5:,ar .c;- r�`:r'; r..hf.#J'= ,'41= el C .I r't' •.•v'++i< n .. •Kai'''t:r 'S i.:N n s ,, `. u:YY a-' t,: G'rEr 4,z" c ;:3`,,, ,.qr. li �' �:Rrl 41 ,,'c,.;•ta.r. .t •.p • `,"I',:s- '•. at...!-'f.n. r... i:�FN{f,,...+f� .r fir; �e (r., 'fit � �_ .".ur -.. .,,� .r..p'r'1: r. r rfi'..q^q L'.,1.. .:v\,'Y �3J. r'f jri'tr:Lri. 'S4.i••.t7sFi( t-ri:- .f. '-�tv*7t.Y}` .(',n. .i.+-,r..J,�G�,4t. r�.v•_,t ...�, ._ tg, -. ., f.:-rh,�%d'.- .Y .f l - r�': .� ,, �5.,u^,b,.. ,.....a ;a ,,,. 1•r--. •: ,.. - ... -y. ... L. u91k_...6, ar u.-> "F,�-.. -C�.T.r -'°"A:i.. :J+_ N, ,!!l ..�5. .:i�c,.l.-�. iat i�1( .t ,,•..r u:- ,t,`. +•,ix vl,. .'4•"_'C!.r ,:Y'rv,Gf4t, ..r %Cr1Y- ,Rfr' .{-:LUw""•. 'N .<: r._ -n`^A' ^•- 1"'i Y c Y r. v 7^t. tt; .'A�.' ...�. Say .•3t „1 y,i•.s. -v=i, �`$. �'Sr.z^z. a,: �.-b.. 9, A-4"'r--:•,',•J .,", ,.�- 4-. .'�: 'rJ' ,:..?71.2 lS::u y. ,,� -,: ii.`�4 Yr.'I �i..;'N. 'k - �•. ? '�'.,-..r. <..ya.,c�''.. ,1., '�': t, kfT�.1 a.. �i'"•�,,,,.,r,a.. �Y' artt., .:1'.u:•t�.tt�'� �, e.. ��` u "�F -.,.>• � Y`:!Y. .�•.-. ,.,r•)r pp .-Ll ih' 4''<• r�'' (: ia,/.� .tY, .`S., 15i,, ,H'Ar� .:�,. :I� - '� r i. :�%•. .,fir 3'.. :;.k,•n•'E`.: {,.,, .,r.> i..-ic, ?,T. .t..� ..•rT., tS+r� f1 �fy'7 ., i'r't� .r,. ,i' rp.:i: •.Sv' ,�. ,,.-,. ,.T� .c t �fr..vw:¢,.. ra7 8 i ,2YL.ye t"• �r ��1, - x�` �;'„•• -,r„�... .a'•:: ,t .r..t,r,�;..,, �Cs �::, .r,;, '4-.:"t� >sY ,-r4..�,' a f.��4 �" '�;t• ...'f:'- .b., � trjSGr'i' �',°p� 'r3.ti'' ,ib.r....'tar N= ":�:t� aY.. -",<,,.� 5�'',5•. s... n.. :1 T. �..,.r .;,..F n l,.,k r,�t-.,. � ..-+:Y4:�'%'- af�.'N v..<1r-.• .,�'-F,+,��:' j :`.ev.-j.,. ,pc:;.a.,,, ,,; 9. ..'"� i�N-.v tirr.•x, :9 -d"- i''f:' .�E .�r. ':s..t �' � �r 1. ,` f: :.,,,,r ,a $-'+.: .-t`„4t^'-' �r +rb': -r r.:,:, .3}�. r;r•. b .s5 4 ?,. ,rit''�i:,.,.x.,t v,.., : �r,. ,�....r.,ti'3-.. 3,,s- d5,y�, .•t:•,.,, r-vR.,... .k`C' - _ _ .3i':^� `.r d�'..:, �ti,-,:• ,rr.Y,-:.;a-..'•'ri��, 'E.c:'`•.'. .'*wr:_.eo..:�,..,', :r:,:a..•.n..,t.T. .�M1' :.d+.',�i.s,�,;;a`,, .•,.>wz.a �h,?srsz:•�,x� 'x. ,5 �y i,,.y,�- u•w• r - as'o J ��::'iri+ _ ,.,kn'fSa.. r..r.. ... .7R.. � ,.. ,.. •,., :.'",_"rah :'R'."a, ,. ., :. a(c`€`N• „•cc �ibi s. ,•.. �P•Z ;�r .� .rtit t> ?r, -�e.�-a•:m-. -. -i .,.:-....z.<x.�.:/�."' ,3 r-.'4+-t't ...- Y,. s�t.r;C, .. � -v.. . ,t.,,.{r, .t�'{y� J.,�'R r.�`�"..'y.-.•Q+, cep .} :. ..k. ,a,•:rt..��}}••) 2,, .1 7, .:C * - {s:;;;'`a„ I :..!. _ .5.•*s:;•i r '�5,.-„ �,i<. �fJ r.34 #- 7 f•:- r: :i'`�.�'t' ���.>.+nwt:;. - ? JFri. e _-aT, #y-ra't.?�. Eti;,..a•.rA:' :ti` :t�; ��..r$.•, .r'•.tr-,�''. �*�.K-- r 'ifc` •r><'s�x.� 5 it'',• .�,.,?' .,tv i.,.;,>;Y t y;. _ � t:ru�� � ~.: '.,r �t e.Y>. :.rti"�.;«or;,,:;. -�"• r.?•S t l � t,«.... ...#.� .r... ,,.13.5. ', :. �) ruP. }`...•. ;:...,.. I ��T:.,i'•' _ .5� ,.,�, - .r E' n.,?'.Rr! �� gR'd:i �i-5� _ .Y..'L�I% " ` �. _� ,yn j n4 r•YIYt-r�\t`, h L ::.� PTJ°'Srv�3ygi+; M ,.� ..s. nl'� `? t :"-��,,� .°Js.;.�. ;Yt J -rn::. -.,, cv, ��:�5" .,s`i'lhi%','7<•, +4T� ,.rr1R ::yr'�� r" t�c' - .-r. ^�'.� a „F-s�-4"�.'+ ,� _ .t-.>N?" -n:.,! .i ;.,:Qg - �',. -''2` .,�e r ✓-, M r:,S + _�- v: b .;�. � �; ;-�.;�`1\� -:v •� • ,sfit: '{�;`•ra IA't "c yrtnFn J 'ry -,53- ;e >d't L>,,L, "�r � _ ,r�.cN •-� '�?c. �'�� Y.n,•1i �.ci:._W*T... .4' ,`rr!G•:�% C� s" ?.�'d•'.• x s7�Cs.;•._t,� ^t'�_ Wit'+r .. .•�,..(��+l.q .;;}. j..: •.. '�` -,',1 ,,,T:•,• .+-t....,�. 'f d� .r„ai ':i."' -M';hr15 r`�: 1: x�r�' I- - yF}.. •• L,.+`r .�.��.� �. "y. °,f,<-• �,rt r'i<`:S�H\�?i- - ..F! -.:+^4�,•1. )J , t d' h• <t �n.t .5..�.„ }.t- �,, -� .� ^::i "+'r �•r��.k.S• - :ar �r'; :4-`ry;;'y� r� r'u '.}-S' t M '.�.iC•jp.,; ? 'S >.rl,�..a .IwR, 11. -i ,k :!a `_",.�..'� -;s- ^£° k.'b�: .,r, �4. u,:f -tr b'bi .e .•�- •i,.�d� %:c ��'�� 1. 1. •_q. r .. „a:`L slat. - r,x,. '.H•„4.,:.•,w'- ,<k:•,o '=14 - ; �tv :�:.:K'' .tra .y>f' ,.,¢.•� .e .16 ,q �- '•1 3[� }i .X' a�._. _lr�- �,, _ y f f _ _t,, ?a, �c ,r. v-.. �' S9' ..4, ��+i �i ''^r: ''�`�>:' •. h, if K a4 :' f�. ,� ,-.^r.. '.C^�.[� -r< •u't i- `, lr. :•�=.i�, x�l . k!3'�' TT "y:. v i. -,.+{ \ f .1' r F.."ri <'Fr<r. r,, '��r •na ?. .1 a "t}, r. ',,F ,, l 1'1:6. .L` ,s;,, .tr..'1 .:a•. .,,. Iv \ .,; "A _:ti•>n "4Nk': ..t�:Y� 'i.,,..'•it1 513-�."i .�.�.n.,t ,1_ ;:Y r.,.'1 ,t'f 1 «Ga ,ta'Yf':" -„•t 's'> 5d t i Y. �r J ot':` t-•c ,itJ.,f,-•R, ✓tit, .1,,�• ""!. "•aY .� :f_ !npy ! t ..4 .E '8 r•h.. 3i ��.- ..+ :L ��x x`S.a ':?•{'�'.. -Y y a�' :A,t r''::F,+L �, ju •�'��',:t:k:. ,�i M.. .T.'d"M` _r .�.,,tt v. m'$ ..s=... __J) '• rc+• -.�' :.4( ::�,. ( R��~ €. i.tr ... .� :5...• .5,\'r...� I .• r.. <.<, 4rZ r\ s xry:.4.ri6 T b ;7r Y' w J -r"' s ..� � ''>.•4'�3 !,•',�;`r�. ' r?' �r �. •f,r��l d A•,.'�GG � �:'6'. {- '.t! Z' �. .'I z'., �y,`.1: Ta ...i t•• - �' '�:M. it �.r+•� :idi...:4�'`3t- i`.:c a :�r... -'�s zs'�CsrrA,t %[`.. '4�`.�C. s'?,r.te,ji�,ro-r'Sy�x',.ar:t....;'..{.'.,b,..G`.•4,v3_4s c..+s:.4.'ix:rs.4s<.•....,r 5:-3`-,>.''..-.5.rz,:..'tIA..-.H.,T',a..c 3_`..:.•;'�t�Y.i':t�,...,�S:F r M,''`,^+v',,'G::..,,.;.�.k((7:.��N;.u_•r9Y,''',,.�5,r!,,-,..,,>y;.$,n<'vry{:',u9.','Cd-��r."�?N�6..•:t,.7.,.`�-i',.•..t'5).3•":�,-s..,.�•?=,a Al.'�•,�'1qz"".,,""�$'<•�,•:,✓F>S'•,r}:"'�.S.7._,r5-.•++<ti�.:`..+-°q'.r•'i�t,:.e.`..r Jt,C.`.3.�•.�.,...,'1' 't•'r;4r�'1.t."'•,}}F'":x.l"�'`taC,i•I5.f',x:_.�E`.rA.,..,-"G:C.,,l tAez.-'.f ',Y.i t�,T..'f.i^p'.,5.rr•-ets��dr..zc.d.r."'�C,�',t i,-.-:'•.,.t>'v:``zW�'e�.'Fr�'-r_pyJ}t.3;.'�r.,T�,.C.w.,.a f^';r:`'r.}ar_,..5.f�T.,.,JS....j'f,t,..,•fi}.{.:.4i 11...T..'a'..'am.t..3�,,'T jplk•'.-�.•S�"'.;.�•.,..•..,,+..�.'p,,:Y.rr.r-'.,.�;.":r,�,.r,',.J1�w.r!V1 x.d d'r:>Y�.!�"aF`J:tiT-':,y?-``,a.s.,^r....�.J.7:.,'.�.y:<>,:..t'L'`••(!o4..,A�6.o...�,kf�.t�M�,.„..✓^t,�::tr.-:.rc...A=.,3 5N r�i,y!.,.-ifr..�(`.wi.-�,,.'.±+rr:.tr•f.:;r".w..+.>.1,,.7-5(.-?.r..,t:-,'.w3 i:,7e2';5i.,,Nt�:.,K1°yF,L',°Yf.:.5i`'.�!'.;.r.53aai.�..T��r.�`b``E1.''r•r519.r,=ia.:g';5,:.CN=.'`..,•as+,xb'q..�,,::xY,d-'e}#,!�',I:i.w,.q'+•,•'y�w,.t 9:,f'"1,.;rF,¢r_.-�^-d,;G--�•+rs u.Yyy1:��5.^,.'; R•JEk♦" :+>'f�a-�•„�.;i-,..'a,a,�y^,Pt 5 v "Ve W5 -,.L;.r,f;`?'ir't1r t..•.'i•.;•'' 'rri',,tY ik}.•";t:A. .��..,f,fi�F,':•t�.--�.. ue. ''�'".yXSF�.-.t�Ti'.rrK�♦k-���.�s.i.Ei:,. �;-4,f.Ftt��.}IA•'.'.r- � r.,iif•Mj,`�i.'�)� a�� ..•",+.5i.iin 3... ram_ ' _•,T,,6..r ,,,.< �s''. �1: -?,v,.,:r i,•.... at �;r- ��`` •5 ,>r fr l...tr. e,e ,�-:a � ,cn.. ::S:C'". 4y.'C.r~%-• ip. 'L•, .g.. �-+ ' �,.F„-:: •.'r ,.,.r ..' s•""'W'..: i,,. - ,. : 3. v .a." .>;$=.: ¢,..•f. ..,. ••"(' ski i .C. 't- .'"± r.� '-! .., M .•5R .E r."V "P'y t a1 'j'. L'a T.-.' - a:' ..t� Y• t r..'` "IJYi r,;?''! .:,..� A5 S_:y., •,14. ,�a r4 r,_ <r �- .,,;- �• ,;z, ��: . ,w r 7�.ram-= `::', E-:" :L .r Y ..J• x'n i. +, .t .�"`� ,•.Y•d � '1. C 3. �y^'� � ,' ,1' .,7•,r t. 'it. ,.aN.:r<: .Y.CL.I -f v 4 b, -: r ..n- -i• ,. .. �-- \ ,. ..:.' .., -.:,;fltP'...`.a. -k`�#: ., ^":.� +- ;a.Ce, t� ,?.. i F,. ,;T _ C�- tly'".� •Y-"�•• -A. -. ,+... ,- J t __ _:,:'. =Y-. ,�+,-!' :5 a ..., .. f.I. 4.'�'.',:` .�' C`_,g'St �- -u. ....� 4 74' :_.. ..>.e r. - < 2L.1. E .rw _. 5 l�.T,d�K"-J ,o. ��v „1 ., f-t. .L. .W,. ,.•''k.'1 j�. �. , -u, i: ... .,,., a € '.c 7. ,"r',._ r-,-v -lV.',7"tr" ��••�,. -... n.�.. i• _ aR,.�.rF ��'k �. ]),.-ri. >� n>r.. a rP,. d ! i..,.Yar n`.i+ •,.tpr,A,t-I u-. .+ .�•. ::r •� .. .':" >..:'�' ..n.4r"•. ^.��pp� ..:i::,5," ''& -,6. p, -.,r - 5fpa_ 4..,:,t, �W 3r...+, .',bi k. ,.�,. • % :.:.�,•v s.;• •r;,, .r -M. S :;! .5.. J ��:. •� .e.. S.s ..f. .."�.•-t�'•.. 'r9!'. .^?,,P ;7:. f-- d.. iJb M. ::res',I'J ':-V.:', '"rdi'rsC'L -✓�.. P eeE' 2.1'�.. S a'p k h•� (.1,r e_Ef a�' .1:,. � �e-n:,.it r�,S:,, ,.....r � ''^.^, r'•..i r- ... .r, t, ..1. s 'c :k- e T . .... ,.w..: ,�,G. +. kR}.,..., s r, .S , ,:. x.,. ,.$.4.x __...,,...i"•`�i,,.,.,,. �s ''-r�`. yr.r f/ r9ls$,5 r 'd•,•°,' ,r 1'�9 w .�f-..a �• t 0�r;, ,.S t,,.cC;*,r f` ,. .r... ., F s �. t+*�, f � _ -.-� .,:. a _. .y f. �. �;' .•. t 4 � �(,.yL,•,,. „. >,. ,'1�. < � _ '•,..' (t :,rr aa,.'•"t.F,.. a}pp..�? -�sa � �,,,e r,r .:,V:4 �-+LT_�L.. ,u+.ti _. .l.�...y�••..,. . ,%'� .15. , ,�51-: •!< Yq.$.- -. w.l. ,PIN-. 1. Ir. •f Yi." 'T` ( .�4 -cr. ,'J' �',_• rf; ..t ..1LMt J¢. .I,yr iLt.. (,�'t tY,•�}�4+I�f�f, ,'�.•✓.�,4n A, .,;L. &, r w. 5- wF y'M:- \ y;. .1,r "i. y�,y�y' � -..a.. .. r ..r ,.. �......e{;rr:. ,Y ..- i L � i•,a ISvn. r tt.:,. �?,.%�:' , � ..1. .r, k'•. 5.. 57�,+ -...x ,I, _. ,- ... � .Y , ,,.•,. _.. ....,'.� .- - .d:.Y,�:... .. ,,rr ��.!!. .., -, _.r .. r- i �'3:•'.. t. f?r.a,. ',r.. .lk -.r1 ;;j,, "�i.�'E4,.. ',., y(,•t,. g,. A .,;.ra- .;... f .•e,�fr Ft ::: .: •1"A,td t.� -. ..� T r>'9� `C.. .._,'�-�1 .,. I4 rR +�? ,s t ?,f l�tY ..;ry t , ::,,,, , .. .�i 35.,..> �>�,[�" ,l „A4,.i...... t �:-. ,`.*r--r.k t .,w '...., �._l• a.Jt'i":.. �.•,p,S. .,l 7 - ,5 %uY.. ,,�. .a „al.. :t?t�•.- ,",:t t. t.,r � ,!: ,... t .bF ef...a t r'by�e ��q-7 '�. {'.,t..,q,f z}r �. ,.:,t. - � y ?a 1.I. -,t c .•aa'Fr 1 .cl .fa -y "S v..� 3 r., ,. : .t :•. hn u.:r .r,. t�cG�, � r,, ��• � r:+,�!� ,,r. ap.�, F r � .ar x-r ra, 3. r G, ..:�. .. 7,n,, ,. .,p •-,...,,� r'„mi.. -.,-, c. .,.L.,« •.,. .,._.•.:r , ,.. � :.•'hr,.>F",. y,a a .C4:""r,c �k+`iEo (, .. n^. �.r.,. �. � _m„ r•, �.r.� ,IM-s n9�'i Y•1(' <A ..!.. ,.<.. >>•; :: r✓..Fr rA . ... f .�r. :.`,.: ..+•,i�n, 3 vr. '., '.w'• !.rEqq 5• t%� r, +,17-..• �..�.. u.+ «e..c-I. .r rwa.br2 s .'� .-,.7., a• 1, .!_ :�'r r''aY l ., .R. •v,,yas;5, .i•. r. ,1:4 '�nT fL «rr .�e• 'LF'i,' �..., t - "w-. •: .a+"k ,�S!".y'Y'•�tic ,.,yli:¢J °;-s..•.r�.•i.� • a ti � ,:� �". '��: a / .. „�•�a „. rc+!" ,. _ r...... fir ,"„ ;,. .a °l,rv1" y ,wr., s... ..•r u 9 i.:. 1"rv..�'ie�. �. ! r'.,�t. t t:'•°. .-f. th .. .,•"... Y _ y4 ,..�.f: .e.... �-1(' :'J':''' �:n .Y., alt ,,. 'r.f.' ,,,, .,.. t .. p',...�.,, .. ,r........ .. .. .'.l •.St :..w ...• ",' ,a� „i.. 'C,;�?';.;" h •9. t". ,:. „s t..w,. 5:., ... .y,r.� 8 .., ... rr�.,�� ,. !„: 3,. :.�•w °, t�%L1.a�` tr d` k " e.,,,•.s _� c �. .�_,. .C.W,.��'C yS� k�.. �`,r ( a!th, , ,,� �?4 1',7 q 3, I ' .'a{,,.. :..t ,r: r'.,f*4- •:r y .Ix:.t .tom .ra<}.• ;::r�'y+,s ,,.a r v°"�•t�'r., .x. „r?`..y, ra '4's.C'' t�• t:-w.r:" k ;� ti.., '"9rn,�. �;a...:1. � „`.c .Ir'- t 4 bpi b ,);- r.. n,n l..x :r,-1 .S II .,.{l ,?,..'L. ;.U'r yr.... •� �h a et. .r IF•" .`) :.>.. .1 •.ct r .{.,,.4' r'.h Fr,.°rKr .a e., pJ. r,,,. 1 q, .f t..,... ,. r.• f. ,. t .., „ .. .,....� X�,- i�..:,. ._....R. 4:a:5 - nx V 2"a '.r.., ..�,k, f ,r_ f `..,:�1 n5'II,t 573.", .. ;�.x ,y. ,Y`, �. ±y i .G..f .�. .,V. # ,/` .j:.�s+,.E, ..r fd'.1 ,,.ti• '� �"4 - A.'T"r:� 'b:F + �.yd .'t '� ..�pr:'� f :.t f 3?- 1 .t..1..,.a J ,iry•-, i ,t'i ,:i 4 4'.. (r. t r,•*sr. y �� ..ty ^•.' :Yi. :N,1F ,Ti:tr.,! ; ,,y •Jf->„,+fa,t, �' :. .� +. rr b;,•� �O .,,� •I, ..�.8k_ .i�R. r;.{ '� r.. _�,,t?`',rr ••-i{ Yr�; r. -{,d,^4;: .,J� �:i.. .t, �,.1 1<.n, .1�. -4 ':Y `:©� �p - •�® Y-y s�. ,- ..L„ "G1: YI.f. ..yF':S•,.S f dN��e?�.F �i,l:/-''icl•r.' 'r°Y f '�.Y... I 1 4rlj��^ ,,O L.. ^,f Nr. 1'li, yyy -H$,_ r•+�,,{r Y,ti�.:. -=,��y Lb.��l'` � ♦ �i: fir. .' 'p:.' � '.(�n Y yN to .' .: :- "..'�...... � .! :: Y., .r� :4.. .... KS��y+ �{. vr'.,1,, .}' �' •.+r: �, d -r,>.; ,e� y.��.t..wi � ,F rar .JF.. -�^t.. .�}t. ((,, '1..:,,: 'k�'Er •ra. :YqI -tt, ,.y,z-} d� ► Iq E;d?•fi 5 ;,-r` • :J. • •,'F.," .xb.u 4f^<W- a^r .d,N �rt]6 k,_ J:�r -.f J �^y' 1 y, �: "1 .! ;5 .i" ..4r' � 5 :, 5 ....i:., ,1,,r `:. `,' .. .,''G• r .; -'� '� '�: y,�r,_:,..- "p+'yi, ,,yy�� i ;,a.^e' i ':�. r., �a , ... ..... .:-.+., .•... .t ,;. f<•. .ia`'!, -�. _ ,ot. .� ,.-, . ..Ar ... :, k ?ytv. i .�i1;.k. r' r 'x't-p- ISr�, y-� 4'. -:� .,,� a. ,.r-nr.. ,� c "r 'no .?4 .�'.�r..S;' t T.Y q y,ey,* 'N• vA. g,� ' ,� �'�tS• :.Q,. ;i--, .rx, ,h :,,a..? -•Fw t..ert^- r J .4"Je :4:: .A, t}o t RS t A r �r � t4c' lCk+. •a r a •?'�ry bi ',1i+• F�-. Y vL kSs.. _•'•.. 1.. ,- I -' < :�:'i9�" ,e} `t ,4:. sF 'aZ'.rY. X d.•t'n. Y - 'd V 6.. h. �yx ...:-.•. ... , t. .rl„rr,r_f...1�:r'ar:�., t.. M.g.� r -,..1• C.sr.f .",,, .v}, ."[^.:.. '`a .v,. �J. �'t,': °R' .�,, f-,. ,t.y...ro- u:.a. at3. :,�.. ,:.,,. •r-r'f ?q - �` 9' sf 9.{, e•it,.-•0 �!-,. F,`ti' .!'. a'i �' � {'. '.,�.: � C Y'!Y.: !k ,lA' a� .,, 'r/3R1 -;� ,.+d•1-. •vm` 'k rY•�',.,`:�. �Y�5: r ;u:. ( .L+:.1 9^. ,a .� :i - �:e -si r:, i41 .�,ur' "'f. ...{�,. K,Y L.µT: ,4"r •it• .,f, :t1"•f.A :h{_,r µ{�, 7 q�- {6 4J, y, .•9; tE_ .f .E. mai't4�., �,. �a:.• ,c. A i�' r1>rk. :r-:,' ': :2 et 3 -'.,. •i .4 :1'•.7.' ±A"�• 1. •� T -,.. '.C A •�, ',3,...+G- "."Cf. .I' .f .'xqt _".1. 4r 7 -•J, .4.- .i;• .:[' r`< .f ') � ;fio.t"- S:P�n� a�%1h •:CAS. : 1._:.„r �1 !$ .+,� . '+'" � 'd �s4 �-. .,. ;i_ �' ,`,-��+. r n ,„ `• �. .� {? rk. ::r..,r. 8s Mt iw�d, ,r � - ,h...,[•"••�,.. �,I as,., ...i.+ , .r. :2' - }�'i.':•`y `.`L J' - .:L* 'SW- .�, �'. .1: '� ,•J¢ �+,r .� -.Y,•4, $ J r": `! ,.�,C•„,�";. -s r*•m n'- :�,;. ,} it ''�"r� .•n, °'-.;�` �...c - „fin...•+��w.r,.;�'+!<; ti ..!. ^�•� a': ::a'3C _},..r•,• •'T5•`•;J a. ' `v �`� 't'; ?+ •, � :^�,.�'v ,d?:' ✓7 "i•s;. .��.,ri•"' .`A '� ,,Y..)' >I 'S-$w �., vw.� 1.,,fit �<� `� 'j;;-. .�a�. ..`Zi• i. r• '.'Lii' ..i<r„' , •Y•Y F -# ... .).', �.�1 �'L. �,, }T.f.•,.Y}N' 5 v-'j.4 Bk s.- t•,. t, ',}=.�.'-yr... _u,•ir :;FI 4.; � '4:.'..� -� +qc, ix� ,t d" 'ry �,�(: K 4_.!,-. ln,��•t�+�t.. .:S) s-. -.'+. e Y'....f�,`..� •��"t'ryL Y 4 .�'` ,tr .'£ Ji?> r;7-e.<..,n: "!rtsEl?'A :�- Y u„•,. .:+�.� ..y�.7v, k:t*,r^ V.J`l,:>'x. ,. `- r� r �i _ fyCt�.. ..Cr3. •.� 'n:c' :I. - - ♦ m ,1=3 ..rg'�" - .E'.-. •?} ..:rY ,�F• !�, .,1 �$? {:. 'f.. .I7`��.' S{r::W. •.r+ •F?: �*,t C�1,!-: •:y ,;x.y :J ..i,: i':�F"5. �., -•+ .!+` (I. ..r. -PSfr'S". -.+h'y ,„( y. �1 l ;• �. _r,> � .��ci. `'3rJ:,.t ?n k t &f !' h. y. t 'ln, .,�,+9r-r5 rF. ..tt '� -4 � v.,!,. A !;j:.•L ,.:7.v Yh• .V.,ti+ •:J .fr. ,�-. r5' x..(" ,�'""t- .4.... ��c .,�,� 2;•• _�. "Es:`r` ''�' •+3+•:�k -,2c.• ..s :, --_•.n .. T �;'j, ,5;r. y t..k;t=+.,3.x-ts`•R ��,�; ���+� ,,, 1 7rr ia�• ,,c t,t• ��,,.{.r," :tom-})-.1>:'4.,.. l 7� t'1. . �,.h'�aM�i s'I `"CI tzy::' -.a. .fly �L "F` aar t` .:.pK,y. �, •'�-. k :'L< 'Y'°a:S•. ,..r,,.: ',:�T „4,j�pY 5 T?�m,.T�a•, ,�� rt, '•^w 'k�:�•, i 4,- :3 •�, y:`s .,r. .•,r5k' �' �,. .u t ;r, ::�a:p '.;i''.+.,.u,, t s��t... .�r.: :'�3�t ;,.+ ,.Y.r `t• r57°`.c, ,�• a,r r •` j .k.�i �.. ,SL. �.,-x:;p�-�,",�t.u�'S;:f'` •C nf. �... j¢i i., j1.- i ^.-,1-5•'.-tx +_iT:Y:'J'}. '•s:S..If +'Nr 1`. - '/�.':�� t.. - _'+iaa c ,.re, ,..n>~• ��; ,�•,, .'w.,.S-h.., - 3 s -a%- •-x- f i'r-'Ss...`R'A �4 fi :7 :,� �ct'. 7:✓<•�JR ,f__'`7' �' .r7.1ie r. -(. •+1yS J. .y ` .•�,! .ds 1--.,, r -:.xr[, ��� z 'h-.' ,S',. :(:�" (�j�� .i„yx -Ch;.-^N ! .tG, '�'3,.• 2'�. 'C i� .Cr' kL '�.�1� �` L.rriA r•; r'Pc� .,`p,, ._+- =t• +s_,5�,r:� a �.. ,i .::•s- •� 3, C.`, :Y:y? N 3 .RR-ir'L- .'j i�h5,� #f� 1 ;•.J� t !n <�'.r:' L l�' :3. r•! A�: 't y F .,,�.,, .rtt•ifrr��aa..M1� 3i,. -.,�%i v{... .''i.. .l"rU;.- �•*1..:- a�''- T' -7+=.Q•,,:!•rX flit .,)._ r��" i..e:a.r _ .y 6J!'.: -�r. !> .�. •}, tir L� Ti � .1:.1 'F .,r�es. ?e•...r-� �:,'•�_::'i":G'« ,,...;;.. x:,..TAn. tr{ F: ..{ s��'+..ar. ��*,�i'a'= ..`'E�u-•' �.T.'-� �j+ c' „Y.•' - '47F'+r": [.>:nr .-r, �<�!' ;sip;,.. "'�-'• :r/�, y -..,.a. ,a ,.fir t .te'.,'G�-:+<d'' ,<�. ,t. # ,miy.!,I. 6; j .f'+ •,; 5<. .pty, a`r;:.•,,Rf. .,y, +`� •x fi+, ,.�- ,4 arr. � +'l. .�,. � 2 -J7,;• .-A. .• -�I:tC.rr' :.r.r \::. r'_s.:r.. rp;;.•',�'-r 4.7 .+ .,r d. 6`• _ d, 4- vv.�j,^.1: cF.L :;' t ; ;.'�, tm..'%.i�a3�",. ,,,f ,w•. .o.� i ..,J t ..#,v tY:.-'.'�" i Y,} 1:.-5,"4,_. } ':3�'z•r+1: '•S r '`" +�., '*i x'C„•.a^. ..i,.; d 2:a .r^f-"> k�'�Cg. Y.`;� �i,r-L 'vi- �4 `Y' "t���` ,+,ta.�,Y;' ,r'T ? - .t x :�R t•> ..z. c., y:i �Jr. sir._ ;Tr.". >x�..A.1�^:�' •'�„ _ - 3- 't.,.rx-�t -''ti'-•'x.k>,- Imo- 1� ( j LLB.+ \.� ..E�'�•/ 1&.• � ) vek.., ll.,.,! ,} v,y}3 `� W _ ^�� r `t•!'r„ ri5 w3. l 'Y-.• :'!<'o�r' rf,fE':• .,.t' a ,'wT�.;?� !7Y=;,� yb?:. r• �'t r�- «•„•ta%. -f:., n. S, y) �,�^ - :':S,F;. .. _ 3i-�j x,:S•,:.1' a•� 4�'{. ';�.-�G'"�.. a �t 'it.r 'i' �,1�. }F,"7 1. :n_t,'fx :4;ti.�3... - ..,rr'." !I. •r: .J^ 'a F'a .1. i �!�. .r`�i; •�_ iYp):IZe„-.�-. �. a5..n ":5,.>-.3 i. ag'. ��e. � r E 4i" I, IL-•.r•1:. r;4•••f.' .� L, r✓i-'Y - t_ t'y;'. ,`' '� _ ( �` 4n .sr_, :i•' v J)-f" Ei �1 :y..3k Kl '�ij � J '.1 ',FS•. ��. :.1.,r.. � 4..L %Y', `•,.'r_•.rh•'L 'A �:.� R �• '�:•��' SS..'t- _ '�' t ?; _ y. y''S:r..i .4,= •x r�' x.. 'd-`i ti. q +rE., s.-- d. r � � � Y: +�f,i �wT{`r. '�•' 1 -J� [ .:rl• � -iY. ._ti:. "C� may.,. :.f � .,,7 ,d '� ,�.i. -S - I a. 4.. Ey;r '`rp' � k ,:iit,, •c �':.�.�=r3'- -r�'� +� t��.- .� �' :s:��a` .r: -.1, Y. :-r ��.4 r�5 r +e frFi� �r ?"Y¢ ^r' f"�' f� .':4:� �?.,�C.,S �c•��5 t � l�t� Mf;��y• _ y� �, � 13 "1 �" �- `��, "^ - .��tt,.,� -t.e'�r F -t; f.; �"F r '�F••i%N,"-�. _ e; �i' % y ;;; ;•f � ..•y. 't ,•.1.. .�"% t.;.#,''.+r��Itf. Kr '��.• �4T(, tr• ;Y, r.ti r-t- - 'FY y .. �Y •rl.,',r gyp,•E :"j:'>rrr '.�'�7-�'� ;,v:�.•.,}9 ,4 .,. `'�.'. :?}' r' ,� � '�, ) �)� a ,� "91R..S 4Yr� �yi� 'Ai, Y� t A f � 37� �9i\�• ;r� .s v r ` , " R].> _ v r - " »�"`t'�h' '.fib"�h3°r•xa !, .v� ; x' •'yr}`'y ;:-'7�Y'..--rz-+.:-.'`+s. •a.�c:,ur-,4d.+" 3Fia."+'` r�g3rtts`y`Jy'c` •-'�.. - t _ .� m C m -3 "' •aK':�',rrt--�4,k,�xrr+,,r *.�:�,r,u-�:c.'t� � :='ry„k ��.r, y:ti„e,,� , t ° � �'' �-<..��"s'� .�( tea',-y,.p.��y�.�'' �, T.",:+.:"..•,�` Jy'.:'^�'^� _ - - - � Y��,E--ti� '1: f If+.f /�c^d/��//`�_ `�7!#-4 -'!t'�.¢� i-�•1 S9 F9 .f - � y - -`' ld��l { n, 1�1 �P+' f J ttt ti S ' __ ':-__N.�4-,'.a.::.�_ 4�r_-- v-•,�-<-r:_• i?, .:.#t _ `••?:.� _ 4 - ✓ _ ;ti"-_ ^� - i' z r-�' x".'^f!-t- o�-, F- -- -`Y'� - � n [+. y�-.�..�-;�.'.-�G _..a�-`"�^E-�".. ,- '�. - 3 "t,�,Y.{.:g._+° •;�t�-.7x. -n7 �y �y�5� �` _ `.fir'y fF. �t'�'lf} -li 3 . {. �L �- _ Y•. _ } ,°. ;,. - ) C T - to Z _ f h.•,x. " •.r^' r ., }) '�+s c:- KK r-` .C.. -•i p.�y as Vf{(�� .t~l:. ., wtl- ).: (f � .,m,y�"ees'Si.s�.,%e 6Ta.^tix �;•{h- 6`r.,� �r --,j''�^.. � i _��"^"" Y �'• �,$r. - �®t�t��" +�I ��{`,+.r-� . Lf �� _' a _�✓`x�- °/ a ) � jy6/nn - -�- -- -i. .a�� :id�s'��++` 'a•7•'`,y'r�-_.S:�,rt'.tit"�� '-ra� .�-! ,L , .,) ° fi� -Aw - .� [J"5.'_�'•:/����`, � �` F _'x �d c sf � E3t ��✓'�aT )'4' v_; b-n - e C � �iT`" �" <. _ -' //td6►' paw •it` !�[4 n Ss"II'�rT if • p _ I ~°�..+^O .e,A �T .y^' �/C�'1+��u / � ; x, .•..._ - $ •-a* 2 O a w.+ 7 ! iIR _ t � r•./,�, t+.�d5'� {a'' - ye�relr�y ''"v-`�''=•;a� T( r �rF^ e` � lef'^',°,a'" ,,�s�r�P'"F' �f�^ -.+t.G3 ,�• y� ,,n 4`*��'1Z.:-.= 4 517 i"S#Pr1 7r- R-'Ft3up �{VJ? a4 •r _- a tl r -�•�"i �F�`� i .�0 '1•� 1( r " c ,t - •"'R >ty'y d mA Y� i —06 !, ._..._ .. .:� a Sv MnF-,-:-, ,a.�;- � .z,.�t, .x.•-.� 't �t{-- r' a = -t _t� 7 -�.y �=.. � F .� ., F s�-a -:�� F L:�" iF 4. z p TIV. 75 r� s t ,r o r,-nc.tnq GUM -low Fmo( J Ho xfi5. Cover 4 !y ' . f ig .-1 ...,_._ _ _- E"'I- �w� '" '��9=.i?w���"' �'�'�"�lr�s'-:,,. ,Y�',t ?C� f •�'�„3„�"-ry'S,k.�-M1-'3-v�`�.-ry:w�+Cr r+.r=w ..c»�T'-'�-�vv.±�n�`t :, • 0 PLANNING COMMISSION NOTES C, k 1. Ron Davis— No. —Worried about next applicant 2. Kieth Bohr—Yes —Not detrimental to neighborhood, meets intent of code, enhanse value of neighbors, both neighbors support. (Coerper, h ) 3. Don Stanton —yes (Green, H 968?-6036 [868]) 4. Randy Kokal (Chair)— No —Aesthically infavor but worried about code varience. 5. Jan Shomaker—Yes Opening opportunity for better design ( Julien j�h 9sa0-0922) 6. Robert Dingwall= No —Open Pandora's box RD "Has the City granted waivers to this ordinance similar to this since 1992" City staff"The answer is no" RD "This will be the first if it is approved" 7. Steve Ray—yes (toured site) Neighbor hood where there are larger upgraded homes, denying right to bring to conformance with other homes denies owner property rights. (Hardy—h 848-0333) CAMyFiles\text\Ardsley Remodel\Ardsely Planning Commission.doc 1 itintington Beach - Official City Web so Elected Officials - City Council - Co it Members Page 1 of search t .: fags sitemap contact us home> elected officials > city council >city council members City Council Members Elected Officials ► Connie Boardman City Departments Mayor Connie has a strong interest in land use issues and currently is Other Services ► a member of the Economic Development Committee, About Huntington Beach 0 Intergovernmental Committee, Animal Care Services Committee, Communications Committee, and an alternate to Newsroom the Orange County Sanitation District. She is also a council Calendar of Events Na ��,__ t liaison to the Allied Arts Board, Environmental Board, Mobile Home Advisory Board, the Oakview Task Force, the Sister City Association. ELECTED OFFICIALS City Attorney In addition to her council duties, Connie is a full time Professor o of Biology at Cerritos Community College in Norwalk. She City Clerk teaches General Biology courses for Biology majors and non- ► City council majors, Botany, and Anatomy and Physiology. She has a Agenda Bachelor's of Science degree and a Master's degree from Boards&Commissions California State University at Long Beach. City Council Members Email Connie Boardman o City Treasurer . 9,11, Cathy Green • Mayor Pro Tem y Cathy Green has called Huntington Beach home since 1970. Her extensive community involvement includes serving as a founding member of Amigos de Bolsa Chica, President of the Therapeutic Riding Center, volunteering as the First Aid s Coordinator for the Huntington Beach Community Emergency Response Team, and sitting on the board of the Huntington Beach Community Clinic. In 1998, Cathy was named Huntington Beach Citizen of the Year and in 1999 she was honored as Huntington Beach Soroptimist's Woman of Distinction. Cathy works as a Patient Advocate and holds degrees in both law and nursing. She gained experience working on a variety of environmental and construction projects while working for Lockhart and Associates. As a nurse, she has worked in the area of Intensive Care, Student Health, Community Health and Patient Advocacy. Cathy is married to former Huntington Beach Mayor Peter Green, they have two grown children, Teresa and Tom. Email Cathy Green Gil Coerper • Council Member Councilman Gil Coerper has lived in Huntington Beach since 1959. He has two sons and has been married to Louann since 1973. He has an AA Degree from Golden West College and has earned over 160 units toward his BA at Cal State Long Beach. He has also earned certification in a variety of areas relating to his work as a Police Officer and in his service in the ` United States Navy and California Military Reserves, retired as �I4 a Lt. Colonel. ittp://www.ci.huntington-beach.ca.us/ElectedOfficials/CityCouncil/Council Bios/ 6/26/200' -iuntingfon Beach- Official City Web s Elected Officials - City Council - Col Members Page 2 of • He has spent most of his life in public service;first in the Navy then as a Police Officer, devoting 39 years of service to the Huntington Beach Police Force before retiring in June of 2002. He is a past president of the Huntington Beach Police Officers' Association, and an active member of the Police Officer Research Association of California (PORAC). He currently serves on the California Police Officers Memorial Foundation as an advisor. In addition to his professional associations, Gil has received an Award of Merit from the Boy Scouts of American for his many years of work with his Military Boy Scouts Explorer Post based at Los Alamitos. He is also an advisor on the Executive Board of the Huntington Beach Search and Rescue Explorer Post. Gil is a currently a representative for the United States Military Academy at West Point, assigned to the areas of Los Angeles & Orange County. It is obvious that Gil puts a high priority on the health and safety of this community and his fellow residents. Email Gil Coerper Debbie Cook Council Member f Debbie holds a Bachelor of Science degree in Earth Science from Cal State Long Beach where she also competed in both swimming and volleyball. In 1994, she graduated with honors from Western State College of Law and passed the Bar. Prior to her election, Debbie served on the City's Planning �i - Commission, General Plan Advisory Committee, South Beach Improvement Task Force, Central Park Task Force, and was instrumental in the passage of Measure C, the Parks and Beach Initiative. Debbie currently serves on Southern California Association of Government's Energy and Environment Committee, the League of Cities'Administrative Policies Committee, the Institute of Local Self Government's Ethics Project Advisory Committee, as a Director on the Orange County Sanitation District and a Commissioner on OC Harbors, Beaches, and Parks Commission. Debbie has been married to John Fisher for 27 years. They have one son who is married. Email Debbie Cook (hbdac@hotmail.com) Jill Hardy Council Member Jill Hardy is a fourth-generation resident of Huntington Beach. She earned a BA in Economics/Mathematics from UC Santa Barbara in 1992 and completed her MA in Economics at CSU Long Beach in 2002. In addition to serving on the City Council, Jill teaches mathematics, economics, and Model United Nations at Huntington Beach High School. Before her election to the City Council in 2002, Jill served Huntington Beach as a member of the Planning Commission. ittp://www.ei.huntington-beach.ca.us/ElectedOfficials/CityCouncil/Council Bios/ 6/26/200' 4untington Beach- Official City Web so Elected Officials - City Council - Co it Members. Page 3 of r She has been active in many community organizations such as Huntington Beach Tomorrow and the Bolsa Chica Land Trust. As a Council Member, Jill is serving as the liaison to the Citizen Participation Advisory Board, the Environmental Board, the Historic Resources Board,and the Youth Board. She is a member of the following City Council committees: Animal Care Services; Beautification, Landscape, &Tree; Intergovernmental Realtions; and Southeast Area. Email Jill Hardy Pam Houchen Council Member City Council Member Pam Houchen has been a resident of the city of Huntington Beach for over 19 years. She was elected in November 1996 and re-elected in November 2000. Pam served as Mayor in 2001. She is married,with newborn triplet girls and an eight-year old stepdaughter. The Houchen family also includes three dogs, two shelties and one golden retriever. Pam enjoys scuba diving, skiing, running, and `l�� �j�arn4�J,/ quilting. Prior to her election to the City Council, Pam served as former chair and member of the city's Fourth of July Executive Board. Pam is an active member of Soroptomist Club, Save Our Strays, and Amigos de Bolsa Chica. In addition to serving on the City Council and being the mother of triplets, she is a local realtor. Prior to 2000, Pam was Vice President of Sales and Marketing for Catalina Furniture, earning the Distinguished Service Award in 1995-96. Email Pam Houchen Dave Sullivan Council Member Dave is a retired orthodontist who has lived in Huntington Beach for over 35 years. He has been married to Kay for 39 years and has three adult children. Prior to his election Dave served on the Central Park Task Force and was co-author of Measure C, the Parks and Beach Initiative. Sullivan was elected to consecutive City Council terms in 1992 and 1996, serving as Mayor in 1996. After stepping down for two years, he was elected again in 2002. Council Member Sullivan currently serves on the Water Quality Committee, Legal Affairs Committee, School District/City Committee, Southeast Area Committee, and the Santa Ana River Flood Control Protection Agency. Email Dave Sullivan home I elected officials I city departments I other services I about huntington beach I site map I terms of use/privacy statement I contact us ©Copyright 2002 City of Huntington Beach.All rights reserved. ittp://www.ci.huntington-beach.ca.us/Electle fficials/CityCouncil/Council Bios/ 6/26/200' FROM INTERSTICES . FAX NO. 15624326242 0 May. 27 2003 11:37AM P1 INTERSTICES Q AHOMITEOTURE • INTERIOR OESION FACSIMILE TRANSMITTAL Date: 5-27-03 Company: Carollo Attention: Allen Fax Number: 714-540-4349 Sender: Gary Lamb Project Name: 16412 Ardsley Circle Project Number: Pages: (with cover) 4 Comments: Allen, Attached is the appeal letter from Councilmember Cook for you to review. Her points are DIRECTLY from the staff report. I thought that was very interesting as well as the directory info at the bottom linking it to Ron's hard drive. Seems very fishy to me. My advice is to let the appeal date slip by before we make a stink about this. Today is the last day to file an appeal. Jon and I even question if Councilmember Cook even signed this letter. It appears to only be initialed by her assistant. I think we have quite a few issues to raise with City Staff. Gary EMAIL gary@interstices.ws FAX 562.432.6242 VOICE 562.432.4342 r west ocean604 • 90802 --------- ---------- FROM INTERSTICES , FAX NO. : 15624326242 May. 27 2003 11:38AM P2 flats 27 03 11 a 1os City of Huntington Desch 7143�648 p. 1 CiYY aF HUNTINGTON 6EACH PLAKNxNG DEPARTMENT :. 2884 MAIN STREET HUNTYN6TON BEACH,, CA 92648 FAx No: (714) 374-1540 PHONE NO: (714) 536-5271 .k FACSIMILE TRANS MITTALSKEET Too. FROM: nw tQ ' r PAxNUMBEA: DATE' �,7•ts3 COMPANY: TOTAL NO. Of PAGES INCLUDING COVER: `3 PHONE NUMBER: II URGENT woop, REVIEW d PLEASE COMMENT ❑PLEASE REPLY 0 PLEASE PUBLISH NIMS&—QMN LLTS FROM : INTERSTICES FAX ND. : 15624326242 MaB 27 03 11 : 10a Ci.y or Huntington Beach 71437�1 4A 27 2003 11:38AM P3 P. 2 MAY 2? Z110 CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION TO: Connie Brockway, City Clerk FROM: Debbie Cook,Caindl Member ! � SUBJECT; APPEAL OF THE P;AWNG COMMISSION'S APPROVAL OF COAST AL DEVELOPMENT PERMIT NO. 02.21/CONDITIONAL USE PERMIT NO.02-40/VARIANCE NO. 02-09(TODD RESIDENCE) DATE: MAY 23,2003 Coastal Development Permit No, 02 21, Condiflonal Use Permit No.02-40;and Variance No. 02-09(Todd Residence)were approved by the Planning Commission on May 13,2003. The subject property is located at 18412 Ardsley Circle. The request is to add 1,439 sq.ft.of floor area to an existing 2,8CO sq,ft two-story single-family residence. The additional area includes a 682 6q.ft"ird level with an outdoor deck. I am hereby appealing the Planning Commission's action based upon the following.masons: 1. The project is inconsistentwlth the requirements of the RL(Low(Density Residential) District for design of third story habitable space and does not meet criteria for approval of a variance. 2. The proposed third-story addition is not confined within the second-story roof volume,and therefore appears as a true third story,inconsistent With the two-story character established as the standard for the neighborhood, 3. The granting of Variance No.02-09 constitutes a grant of special privilege inconsistent with lirrit8tioris upon outer properties in the vicinity and under the identical zoning. 4. The subject property does not exhibit special circumstances that justify approval of a varance. a City Councll Planning Commission Ray Sliver, City Administrator 4 Howard Zelefsky,Director of Planning EX Ron Santos,Assistant Planner DC:RS:rI (G:'SantaslC13P) FR'JM INTERSTICES' � FAX NO. 15624326242 May. 27 2003 11:39AM P4 • May 27 03 11 : 10a City of Huntington Beach ?143 1G48 ' p. 3 PLANNING COMMISSION PUBLIC CONTACT NUMBERS DON ANION JAN SHOMR1��R Res: (714)868-6036 Res: (714)960-0922 Appointed: Green Appointed: Julien Term: 7/23/02- 12/31/de Term: 1101/01 - IPJ31103 RANDY KOKAL ROBERT DINGiiSIALL ; Res: (714)370.9885 Res: (714)840-1811 Appointed: Boardman Appointed: Sullivan Term: 1109/01— 12/31/04 Term: 1A4/03—12/31106 ' VACANT I � f RDti DAy S Res: (714)969-1239 Appointed: Coegaer Appointed: Cook Term: 1/14/03—12131108 Term: 1109/01 -"2/31104 �TEVI~RAY Res: (714)848.0333 Appointed Hardy Term: 1114103—12131108 AL CO,��C)NDENCE MAY BE E T 70: City of Huntington Beach Planning Department 2000 Main Street Huntington Beads, CA 92648 Rer,3;Zrra9 (g:Vobinaaex�perm�enames) v i y April 2002 Subject. Permit Variance for 16412 Ardsley Circle To Whom It May Concern: I am the property owner and reside at 16402 Ardsley Circle, which is immediately adjacent to 16412 Ardsley Circle. T3 1 have briefly reviewed the elevations and plans for both the proposed alternative requiring a variance and two alternatives that comply with the Huntington Beach Building Co es. Further, I feel that the proposed improvements: • will be an enhancement to the architectural aesthetics of the neighborhood, • will not materially impact my view • are preferred by me to the other possible third story alternative that complies with the Huntington Beach building code requirements, and • Are not materially different, from my properties perspective, to the two story alternative. In conclusion, I have no objections to the variance requested for 16412 Ardsley Circle. � Very Truly yours 1 Dan y'Oones C;1MyFiles\personalltecAArdstcy RemodellArdsley varlence Jones ref Ietter.doc 1 Anal• FAA 10002 April 2002 Subject: Permit Variance for 16412 Ardsley Circle To Whom It May Concern: I am the property owner and reside at 16401 Ardsley Circle, which is immediately adjacent to 16412 Ardstley-Circle. I have briefly reviewed the elevations and plans for both the proposed alternative requiring a variance and two alternatives that comply with the Huntington Beach Building Codes. t feel that the proposed improvements, • will be an enhancement to the architectural aesthetics of the neighborhood, • will not materially impact my view, • will improve the drainage in my driveway, and • are preferred by me to the other possible alternatives that comply with the Huntington Beach building code requirements. In conclusion, I have no objections to the variance requested for 16412 Ardsley Circle. Very Truly yours Ruth Moore C:IMyflles%persona111ex11Ard5ley RemodellArdsloy varience Moore raf letter.doc . I I i RECEIVED FROM AND MADE A PART OF T E ECORD AT TH ..e„,..,.,,.. COUNCIL MEETING OF — —03 ,MT.,,100...,.N OFFICE OF THE CITY CLERK CONNIE BROCKWAY,CITY CLERK a � =ADM t 9 X .. .—.r W >em u P SOLID LINE INDICATES — HATGHEp LINE lmol OUTLINE OF EXISTING . INDICATES OUTLINE OF . 2Np FLOOR 3RD FLOOR ADDITION .. (NARROW L—SHAPE) T 111=1 X • E13 EXISTING F S ROOF WIDTH / (4:12 ROOF PITCH) A-1 oasTm arts FLAN ANONITNOTUN■ ` INTNNION ONNINN TOP PLATE EXISTING TILE ROOF § 44� TO REMAIN nnn InLUSJ1I ��� THIRD "•y^�%'i<+ N^; v �rsfo FIN.FLR k Qr. SECOND FIN.FLR TOP OF CURB a .I'.h ^�'��'�;,;j y• , ,�, '�;J;:••>.�';. ALIGNS WITH FIRST •�R„�:_c? ,�,``1..?i4''''`,!''' .'?,:;.r •:•��'•;:'� O gOi4DOC FIRST FIN.FLR FIN FLR "• `.;ri+.ti^' EXISTING ROOF EXTENDED TO SHOW COMPLIANCE NORTI•EAST ELEVATION • 1 00 ' NEW TILE ROOF TO MATCH EXISTMG TOP PLATE EXISTING TILE ROOF TO REMAIN THIRD - NEW STAIR FIN FLR FOR 1ND EXIT 0 EXISTING DECK •r SECOND Ir_4,� Z6 F FIN FLR - r TOP OF CURB AUSKS WITH FIRST_ FIRST FIN,FLR FURL FLR EXISTING ROOF EXTENDED TO SHOW COMPLIANCE A-2 STREET ELEVATION •2 - NEW TILE ROOF TO Axxxl TUCTux■ TOP PLATE MATCH EXISTING Ixnxlax oulxx —-—-—- EXISTNG TILE ROOF TO REMAIN A O ' Ii Lw rs4 A NEW ROOF i0 MATCN n EXISTNG .".::;;i..'• :..[•. .. SECOND Doom FIN.FLR pp / FIRST SJ FIN em o mmia ELEVATION IS COMPLYING IF WINDOWS ARE DESIGNATED AS CLERESTORY IN THE 2ND FLOOR A- HARBOR ELEVATION . 1 OPEN RAIL TOWARD WATER NEW TILE ROOF TO TOP PLATE MATCN EXISTING o.a _ --- ExI-TMG TILE ROOF TO REMAM • e 6 NEW ROOF TO MATCN L.T.I p n 9 ExIS7iNG SECOND atl0 FIN.FLR / \ ® 0 FIRST Ql FIN.FLR EXACT SAME ELEVATION IS NON-COMPLYING IF WINDOWS ARE DESIGNATED TO BE IN 3RD FLOOR A-3 WJa3OR ELEvanON •2 - APPROVED DESIGN FROM 5 . 13-03 PLANNING COMMISSION _ ANONITEOTU:: in'. low OIII OPEN RAIL TOWARD WATER NEW TILE ROOF TO Ill I1fII1 TOP PLATE MATCH EXISTING N LJ NEW STAIR FOR EXISTING TILE ROOF 7ND EXIT(CODE TO REMAINNib Q1D REQUIRED) Y- dr. IYCN�t THIRD H FIN.FLR. - h __.� 9 O MATZO •\ „ j:� 7� ,�\ j %\ EXISTNG DECK 0 m J (�nW�nn�nj EXISTING \ f:. s Q 9 SECOND 3 FM.FLR............. JO ...... .�--.-s+• .............. EXISTING— *--a� WALLEXISTNG o eNeeem r] I _ / cm NEW ALUM. L 0 TOP OF CURB EXISTING - CLAD WOOD ZP O�eM>� ALIGNS WITH COVERED WINDOWS 7P. fIRSi PAT IO FIRST FIN.FLR - = \ /+ Dig' fIN.FLR m HARBOR ELEVATION . I w MATCH EXIT TO - OTOP PLATE .... . 3 9 EXISTING TILE t ROOF TO REMAIN THIRD NEW STAIR 0 N FM.FLR ,., EXIT _ - _ VET FOR iND w - - Q a I T - a 9 - x9 WG CK 0 E DE Y J ' N1 0 ,I •r SECOND Q �t "--a-�. --ia�.` rim-?+�> •'l;L'a a�1.t.L--, C t Fig FLR TOP OF CURBB NEW SOLID WOOD ENTRY ..: - � ALIGNS WITH T - FIRST FM. FIRST DOORy FL FIN.FLR A-4 STREET ELEVATION .2 - APPROVED DESIGN FROM 5-13-03 PLANNING COMMISSION •/OMIT/CT//N■ IN�T/NION O//1/ l.V N TOP PLATE ,.,.. EXISTING TILE ROOF TO REMAIN o rc �..� o THIRD 9 n FIN.FLR W x EXISTING COVEREDy J 9 9 0 PATIO in SECOND Y. -•.?e NEW STUCCOCH FIN.FLR 7.5, •� } '. �,'� J +, .«e-.t' �_--+-.. - TO HATCH Q 'a1a�y-�'�'"'.�^ "p'��.a°�'T,r '"�"''-�._c ' -'Y-o--� EXISTNG �IOO TOP OF CURB t y . O army■'n ALIGNS WITH /1 ti E �`• s „y.y y,:d FIRST FIN. FIRST FLR FIK FLR ..s s^:rY ``v?I ..:•i.— § .� EXISTING A SEAWALL NORTHEAST ELEVATION I wl suae.� NEW TILE ROOF TO MATCH CLOSED RAIL EXISTNG TOWARD NEIGHBOR W TOP PLATE EXISTING TILE ROOF TO REMAIN —NEW STAIRFOR TWI Hill '. - ...... EXISTrW.COVERED .._ 9 - ,1 PATIO 9e m m 00 Q k T�, EXISTING ' T �1 Sf SECOND 3 STUCCO .. .. } -.....- -•--�'�- -— — FIK FLR JO >0 I •`L,I. �:' O TOP OF CURB 1 'r FIRST ALIGNS WITH 1 ".•.'fit..: FtIL FLR FIRST FIN.FLR EXISTNG SEAWALL A-5 wunuEsT ELEvAnoN ■2 - MODIFIED DESIGN BASED ON PLANNING STAFF COMMENTS 4-6-03 MIrnxioxYxlf■oOTn urrx■ � xxxxx� xxxxr� �� xxxxx� xxxxx� xxxrx� xxxxx— � xxrxx� xx�x OPEN RAIL TOWARD WATER NEW TILE ROOF TO TOP PLATE MATCH EXISTING TILE ROOF i0 REMAIN tano xse O o ad.r THIRD j FIN.FUR. �� — 0 NEW ROOF '•, j EXIST NG DECK 0 0 W air TO MATCH / m d1 9 EXISTING SECOND Q FIN.FLR �: TOP CF CURB Qr ALIGNS WITH ' FIRST FIRST FIN.FLR FIN.FLR _ A WARSOR ELevnnONNEW TILE - 1 W MATCH EXISTING TO — TOP PLATE S 9 EXISTING TILE O , ROOF TO REMAIN THIRD NEW STAIR 9 n FIN.FL R _ EXIT Z FOR 1M> Q w - B 0 0 EXISTING DECK ' f 3 SECOND z "� Q FR•L FLRTOP .�.--�;,, +-c-.> �-.r+-.- -.-.+. ,1�' d•.�� {t ti a` v � � 0 NEW SOLID RIB ALIGNS WITH rtr WOOD ENTRY FIRST FRL FIRST FLR FIN.FLR rawrcx A-6 sTMMT ELEVATION -2 - MODIFIED DESIGN BASED ON PLANNING STAFF COMMENTS 4-6-03 •wowlTwoTYww uTo ton oM L"J w nn wmc�` OTOP PLATE —-— U sr s1O = EXISTING TILE ROOF p TO REMAIN lanpw� THIRD 0 n FIN.FLR A a 0 _ Ul 3 SECOND O Ftt•L FLR .� �H^1 NEW STUCCO L� � A TO HATCH p gQyppp EXISTING w 5 CURB TOP OF ALIGNS WITH FIRST FM. FIRST FLR FIN.FLR wwra NORTFEAST ELEVATION . + • 1 NEW TILE ROOF TO MATCH CLOSED RAIL EXISTING TOWARD NEIGHBOR W • TOP PLATE N EXISTING TILE ROOF 70 ,.... ^- .. . . . . . .----—---- REMAIN NEW STAIR FOR THIRD 9 O V F -..;r::,':' 4ND EXIT FIN.FLR r— W 1 � 't Q1 m EXISTING T -A SECOND STUCCO - I P 4 -! FIN.FLR ?'•. `::;..�.. I ' ip TOP OF CURB ..T. . FIRST ALIGNS WITH .....:..: .,. r:.:.::. .. ....:.. ......,..-..,.,... .'..r i�:.^:r FLR ... .;.•, ,.: `�c:�:.:'..:,.;: .. .w-v`'-j:p'..!:�.;.:}: FIN.FLR FIRST FIN. A-1 SOUn&EST ELEVATION .� •2 - ...NIT■.T//■ OPEN RAIL TOWARD WATER NEW TILE ROOF TO W TOP PLATE MATCH EXIBTMG �17l�nun� --- -- EXISTING TILE ROOF u TO REMAIN = (�� ®�••�► LJ �.em Q O THIRD N tala..m FRL FLR 0 ry s M 9 NEW ROOF ` r, r/r• EXISTING DECK 0 cq J TO MATCH Ip IS ' EXISTING ry 0 � � 9ECONDO FIN.FLR.IL Al � A@gOdO TOP OF CURB - a' ALIGNS WITH _ FIRST O m�mn m FIRST FIK FLR FIK FLR wye.... COMPLYING -� H.AI;BOR ELEVATION • 1 OPEN RAIL TOWARD WATER NEW TILE ROOF TO W TOP PLATE MATCH EXISTING N — EXISTING TILE ROOF TO REMAIN = O . '• THIRD INT�L �F FR e ry V � 0 m � U u 9 NEW ROOF �., `r•\ .,� ! �EXIS7I1•Y..DECK 0 m0 W ' TO MATCH / % / 9 EXISTIrY, al Q 7p \ \' 94 rK FSECFLLR O K. Ck TOP OF CURB ALIGNS WITH FIRST FIRST FIN.FLR FIK FLR PROPOSED A-S WARBOR ELEVATION - •2 — 4002 Ondine Circle (precedent ' A 1 _ R Street - • 4002 Ondine Circle (precedent Water Elevation Final Inspection 12-21-95 L Itrc.. E - nn� J�� 3 !' � yeti►; w�re�1 �'...'rw '� �ar,+csao►-` —''- _ _.ram--- _ __�'=�- -- "�`_"'�=! - Summary of Issues • Wall , Patio and House permits • Modified Project -to comply except Roof Volume • Neighbors support the project � • HHPOA approved plans for the project • H B Planning Commission approved the project • More extensive non compliant plans were approved on Odine in 1995 • "Character of Neighborhood" � — 2 - 3 story neighbors, and — Numerous 3 story homes, throughout the Harbor Summary of Issues —( cont . ) • Fairness of Policy change � — HH Property Owners change of mind — Full compliance versus Substantial Compliance by City • No one is disputing architectural aesthetics of _ the proposed project • Complex issued, confused by comments on 3 different plans • • Compromise to Planning Commission Approval Brockway, Connie To: McGrath, Jennifer Subject: cdp cup variance findings To: Jennifer McGrath, City Attorney Please inform me if you require a formal RLS to respond to my previous emails requesting confirmation of your concurrence with the Planning Department that return to Council is not required for the revised findings relative to the Todd Residence project. The findings had to be revised in order to approve the residence without the variance and those findings were not the ones included in the council motion. For the file I need a very short memo from the City Attorney's Office stating that return to council is not necessary. Today I forwarded copies of the notification letter to the Coastal Commission and the letter sent to the appellant/applicant relative to G.C. Section 1096. 1 would like to complete the filing of this action and enter it into the computer records. I can do so upon receipt of your response to my inquiries. Connie Brockway City Clerk 1 Brockway, Connie From: Brockway, Connie Sent: Friday, August 08, 2003 8:35 AM To: Hess, Scott; McGrath, Jennifer Cc: Ehring, Liz; Jones, Dale Subject: CDP CUP Variance (Denied)Todd House Ron Santos has kindly provided me with the findings for approval of the CUP and CDP for the Todd Residence from the 7/21 meeting as I had made a mistake in my letter to the Coastal Commission and he found it when he proofed it. He informed me that the Findings that Council adopted by motion on the agenda had to be altered because those Findings went with the project if the Variance had been approved. As the Variance was not approved it made the Findings different. Scott, would you come down at your convenience and assist the Clerk's Office with the letter as I do not know which parts of the findings that were before Council to leave in and which not to leave in. Also, Jennifer, would you please confirm that inclusion of these revised findings into the minutes of the meeting is OK as the motion council made that evening did not included these revised findings--the motion only referred to Findings in Attachment#2. In the past findings that were changed that much came back to Council as an E-Item. I am also in the process of writing the applicant's 90 day court letter and want to get that done. Connie 6rockway, Connie From: Santos, Ron Sent: Thursday, August 07, 2003 2:51 PM To: Brockway, Connie Subject: FW: cdp letter -----Original Message----- From: Santos, Ron Sent: Wednesday,August 06, 2003 8:06 AM To: Brockway,Connie Subject: RE: cdp letter Thanks Connie. • Under the heading of"Findings for Projects Exempt From CEQA" (attachment 1.1).: "City Council"should be substituted of"Planning Commission". • Under"Findings For Approval-CDP No. 02-21", #2, " . . . with the exception of third-story standards addressed by Variance No. 02-09."should be replaced with " . . ., as modified by conditions of approval." (since the variance was denied). • Under"Findings for Approval -CUP No. 02-40:#3, " . . . with the exception of third-story standards addressed by Variance No. 02-09." should be replaced with" . . ., as modified by conditions of approval." • The conditions of approval in the attachment to this e-mail should be an attachment to the Notice of Action letter. This one was somewhat unusual due to the Council having improvised the final action, rather than adopting one of the recommended actions. Please let me know if I can provide further assistance. 11� Conditions Of Approval CDP 02-... . -----Original Message----- From, Brockway,Connie Sent: Tuesday,August 05,2003 7:26 PM To: Santos, Ron Cc: ]ones, Dale; Ehring, Liz Subject: cdp letter Hi Ron, Thank you for the email. I got the letters out of the mail box. Will you please assist me tomorrow. I wrote the Coastal Comm. that the cup and cdp were approved by council and included the findings for approval. I told them the Variance was denied and included the findings for denial that the council adopted and attached. Please correct it and explain to me. If there is one of my jobs I wish I could give to Planning (and trade you for another)writing these letters is one of them! Thanks, Connie 1 CITY OF HUNTINGTON BEACH - 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK August 14, 2003 W. Gary Lamb 110 W. Ocean Boulevard, Suite 604 Long Beach, CA 90802 Re: NOTICE OF FINAL ACTION Dear Mr. Lamb: The City Council of the City of Huntington Beach at its regular meeting held Monday, July 7, 2003 took action on the following Public Hearing: To Consider Appeal filed by Councilmember Debbie Cook of the Planning Commission approval of CDP No. 02-21, CUP No. 02-40, and denial of.Variance.No. 02-09 (Todd Residence) The City Council approved CUP 02-40 and CDP 02-21 and denied Variance No. 02-09. The Action Agenda and Findings for Approval/Denial are enclosed. The July 7, 2003 minutes of the meeting will be mailed to you following Council approval of the minutes. NOTICE IS HEREBY GIVEN that this project is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-21, filed on July 16, 2002, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on this project may be appealed to the Coastal Commission within ten (10) working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivison Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA 90802-4302, phone number: (310) 570-5071 THIS IS A FINAL DECISION. YOU ARE HEREBY NOTIFIED THAT PURSUANT TO PROVISIONS OF SECTION 1094.6 (PER CITY COUNCIL RESOLUTION NO. 4723 ADOPTED MARCH 5, 1979, WHICH ADOPTS THE CODE OF CIVIL PROCEDURE OF THE STATE OF CALIFORNIA) YOU HAVE NINETY DAYS FROM THE DATE OF MAILING OF THIS NOTICE TO APPLY TO THE COURT FOR JUDICIAL REVIEW. �• G:Fo l lowu p\Ap peal\90-dayltr.doc (Telephone:714536-5227) i Page 2—W.Gary Lamb If you have any questions regarding.this.matter, please contact my office at(714.) 536-5227: Sincerely, Connie Brockway, CIVIC City Clerk Enclosures: Code of Civil Procedure§ 1094.6 cc: Ray Silver,City Administrator—Letter Only Findings of Approval/Denial Jennifer McGrath,City Attorney—Letter Only Conditions of Approval . Howard Zelefsky, Planning Director VOT03 Action Agenda Pgs.8 Ron Santos,Assistant Planner Legal Publication Notice Herb Fauland, Principal Planner Mr. & Mrs.Allen Todd 16412 Ardsley Circle Huntington Beach, CA 92649 G:Fol lowu p\Appeal\9ti-dayltr.doc Code of Civil Procedure § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (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, maybe 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(a)of Section 1013 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 hearina.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 10945 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 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. Code of Civil Procedure § 1094.6 § 1094.6. Judicial review; decisions of local agencies; petition; filing; time; record; decision and party defined; ordinance or resolution (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(a)of Section 1013 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 1094.5 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 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. • 0 PROOF OF SERVICE OF PAPERS STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) I am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action; my business address is 2000 Main Street, Huntington Beach, CA 92648. Pursuant to Code of Civil Procedure § 1094.6, on August 14, 2003, 1 served the foregoing documents(s) described as: NOTICE OF FINAL ACTION on the interested parties in this action by placing a true copy thereof in a sealed envelope addressed as follows: W. Gary Lamb, 100 W. Ocean Boulevard, Suite 604 Long Beach, CA 90802 a. [X] BY MAIL -- I caused such envelope to be deposited in the mail at Huntington Beach, California. I am "readily familiar"with the firm's practice of collection and processing correspondence for mailing. It is deposited with U.S. Postal Service on that same day in the ordinary course of business, with postage thereon fully prepaid. I am aware that,on motion of a party served, service is presumed invalid if postal cancellation date . or postage meter date is more than 1 day after date of deposit for mailing in the affidavit. b. [ ] BY MAIL -- By depositing a true copy thereof in a sealed envelope with postage thereon fully prepaid in the United States mail at Huntington Beach, California, addressed to the address shown above. c. [ ] BY DELIVERY BY HAND to the office of the addressee. d. [ ] BY PERSONAL DELIVERY to the person(s) named above. e. [ ] BY FAX TRANSMISSION to No. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 14, 2003, at Huntington Beach, California. City Clerk g1followup/appeal/!!proof of service letterll.doc three story homes of comparable height and value. 2. The conditional use permit will be compatible with surrounding uses, since the design, materials,height, size and massing of the proposed dwelling will be comparable with other dwellings existing in.the surrounding neighborhood 3. The proposed project, as modified by conditions of approval,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. 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-7 (Residential Low- Density—7 units per acre maximum)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; The proposed addition will not exceed the height limit allowed by right in the RL zoning district(30 feet) and will be constructed in a neighborhood developed with existing three-story dwellings. FINDINGS FOR DENIAL-VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct 682 sq. ft. of third-story habitable space not designed within the confines of the roof volume would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The City has reviewed and approved numerous applications for entitlements to construct third-story habitable space since 1992 which were required to comply with the Huntington Beach Zoning & Subdivision Ordinance standards for third-story design. 2. The subject property does not exhibit special circumstances including the size, shape, topography, location or surroundings which,when subject to the strict application of the zoning ordinance, deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is standard size for the RL district,has a level topography and is not uniquely located. The property's irregular shape does not serve to deprive it of the privilege to construct third-story habitable space in conformance with applicable code requirements, since the design of the roof is not affected by the shape of the lot. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The variance is requested to allow construction of third- story habitable space not within the confines of the second-story roof volume. Third- story habitable space is not identified in the ZSO as a substantial property right in the Attachment No.1.2 RL zone. Third-stories are permitted only at the discretion of the Zoning Administrator,Planning Commission or City Council. 4. The granting of the requested variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The design of individual dwellings collectively playa significant role in projecting the character and . quality-of the neighborhood as a whole,which in turn directly affects the value.of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low-Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third-story addition is not confined within the second- story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third-story windows which are not oriented toward the public right-of-way, as required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. Attachment No.1.3 PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss- -- -- COUNTY OF ORANGE ) NOTICE OffUBUCHEARQIG Coastal Commission BEFORE THE CITYCOUNCL pursuant to Seelion 245.32 of the Martington; OF THE Beach Zoning and Sub= CITY OFHUNM6TON division ordinanee=nod- I am a Citizen of the United States and a BEACH Section 1311D of �. California -Code::-of resident of the County aforesaid- I am NOTICE IS HEREBY Regu 14,lations, tiod-1less GIVEN that 3; Monday, of lethe Cat forma-Ad-' July 7, 2003; at 7:00 p.m. in the City Council ministrative Code As over the age of eighteen years, and not a Chambers, 20M Main applicable. The Coastal party to or interested in the below entitled Street, Huntington Commission address is Beach, the City Council South Coast Area Office,• will hold a public hearing 200 Oceangate, lOth matter. I am a principal clerk of the and n the following planning Floor,082-4302 phi ne HUNTINGTON BEACH INDEPENDENT, PLXN SING Cs Phone 1. APPEAL OF THE number.(310)570-507L' PLANNING COMMIS- ON FILE:A copy aftlae' ION'Sa newspaper of general circulation, COAST APPROVAL OF proposed request ts.m! COASTAL DEVELOPMENT file in the City ClerYi: PERMIT NO. 02-21, Office,20M Main Sireet.: CONDITIONAL USE PER-. Huntinb.on Beady,-Cali-; printed and published in the City of MIT .NO. 02-40, AND' fornia 92648. for :f: Huntington Beach, County of Orange, VARIANCE NO.RESI02-09:DENCE) A copy of the public; TODD. RESIDENCE) A copy of the staff- State of California and that attached Applicant: C Gary Lamb, report rs av be ailable Appellant: City Council to interested parties at Member Debbie Cook the-City Clerk's-office, Request: CDP- To'con- on Thursday, Notice is a true and. complete..copy as strict a first, second 2003 was printed and published in the and third floor addition ALL INTERESTED t@ an existing single- PERSO!tS-are invited in family dwelling totaling attend said hearW11 aed approximately 1.690 sq. express opinions or Huntington Beach issue of said ft., including a 171 sq. submit evidence-for'or newspaper to wit the Issue(s) of. T third-story deck.CUP: against the appliabove. tiaw To construct 682 sq.ft as outlined above.If.yoa of habitable floor area challenge the City and 171 sq. ft. of deck CouncTs action in court, area above the second- you may be Smiled to story top plate line.VAR: raising odly thomelssae To construct 682 sq.fL you or someone _else of third floor habitable raised at the-public space not designed hearing described in this within the confines of notice, or it mitten the roof volume. Loca- correspondence defia- June 26 2003 tion: 16412 Ardsley ered to the City-at. or Circle (south of Hum- prior to, the public boldt Drive, at the hearing.If there are any terminus of the cul-de- further questions please sac), Project Planner. call the Planning De Ron Santos, Assistant partment at (714),536. Planner 5271 and refer-to the NOTICE IS HEREBY above items.Direct yoer GIVEN that Item No. 1 written communications is categorically exempt to the City Cleric declare, under penalty of perjury, that from the provisions of City r, the California Environ- ty mental Quality Act. tington B�oM�y,Z000 the foregoing is true and correct.- NOTICE IS HEREBY Ma1nSoenet,Z,d Baca, , GIVEN that Item No. 1 Hunts Cal- is located in the ap- Hornia 9264E pealable jurisdiction of (714)53t-5227 the Coastal Zone and Published Huntington Executed on June 26 2003 includes Coastal Devel-�Beacchh3depen . ! opment Permit No. 02. at Costa Mesa, California. 0644372 20002,in oonjulncton with the above request The Coastal Develop- ment Permit hearing consists of a staff report, public hearing, City Council discussion Signature and action. City Council action on Item No. 1 may be appealed to the Coastal Commissior within ten (10) working days from the-date o receipt of the notice o final Citv action by th / (8) July 7, 2003 -Council/Agency Agenda - Page 8 On File: A copy of the proposed request is on file in the City Clerk's Office, 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 the City Clerk's Office on Thursday,July 3,2003. 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 (714) 536-5271 and refer to the above items. 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 "Communication dated June 27, 2003 and received in the City Clerk's Office on June 30, 2003 from Richard Batistelli, President of the Huntington Harbour Property Owners' Association in opposition to approval of Variance No. 02-09 is included in the agenda packet. Recommended Action: Motion to: X Planning Commission Recommendation: Approve Coastal Development Permit No.02-21 Conditional Use.Permit.No.02-40 and Variance No.-02-09.to construct a first, second and third-sto.ry addition to an existing single-family dwelling totaling 1,690 sq. ft., including 682 sq. ft. of habitable area and a 171 sq. ft. deck above the second-story with Findings and Conditions of Approval. e. 1). Approved as amended to deny Variance No. 02-09 based on Findings for Denial as set forth in staff report(Attachment 2) and approves the Coastal Development Permit No. 02-21 and Conditional Use Permit No. 02-40 based on Findings for Approval as set forth in staff report (Attachment 1). Approved 6-1 (Green-NO) Motion to revisit current ordinance for possible revision-Failed 2-5(Green, Coerper-YES) OR R. Staff ReGomn;endatkm-. Deny Gepstal Develep.m.ent Permit . . (e#•,Ghment Ne 2) Planning Commissioner Randy Kokal made presentation on Planning Commission's deliberations. He stated that letter from applicant has been submitted in agreement which Planning Commission had not seen. Planning Commissioner Steve Ray reviewed Planning Commission's deliberations. He identified error in staff report relative to motion on the conditions on the bathroom window. He stated motion will be corrected when PC minutes presented for approval. Applicant distributed a 12 page communication which included elevation. PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) Coastal Commission $pursuant 'to Section 4s s2 of'the,Huntington � z Beach Iani►tg and Sub CP01� divislan Ordinance and, I am a Citizen of the United States and a BW C . X3h1B of the altfarnia :dads of resident of the County aforesaid I am NOTICE rs HEREBY Regulatioe:; .or unless GIVEN that on Monday 14 )wecxiod 13573 July 7, 2003, at 7 00 of t5 Cslifornfa Ad- p.m. in the City Council�''n1ln trlttive Code is over the age of eighteen years, and not a Chambers, 2000 Main applicable. The Coastal party to or interested in the below entitled Street, Huntington outh Coan address is S Beach, the City Council .South Coast,Rrea Office, matter. I am a principal clerk of the will hold ll public hearing Fl)0 ,OLong ea CA th on the following planning Floor, Lang Beach, CR. and zoning items: 90802-4302, 0-5071 HUNTINGTON BEACH INDEPENDENT, PLANNING LCOMMIS-OF THE nObFILE:Aco y0ofthe SION'Sa newspaper of general circulation, COAST APPROVAL OF proposed request is an COASTAL DEVELOPMENT file in the City Clerk's PERMIT NO. 02,-21, Office,20M Main Street, printed and published in the City of CONDITIONAL t1SE f'ER- Huntington Beach, Cali- MIT •NO. 02-40, A1W fornia 92648, for id- VARIANCE NO. 02-09I spection by the public. Huntington Beach, County of Orange, (TODD. RESIDENCE) A copy of the staff Applicant:W.Gary Lamb report will be available State of California, and that attached Member City Council ook theto nCiteSClerted ks Office Member pebble -Cook Y Notice is a true and complete copy as Request: c 7s 2 con- 0 Thursday, July 3, struct a first, second �3• and third floor addition ALL INTERESTED was printed and published in the tR an existing single- PERSONS are invited to family dwA I.g totaling attend said hearing and approximately 1,690 sq. express opinions ur Huntington Beach issue of said ft., including a 171 sq. submit evidence for or newspaper to wit the Issue(s) of. T third-story deck.CUP again the application To construct 682 sq.ft. as outlined above.If you of habitable floor area challenge the City'. 'and 171 sq.ft. of deck Council's action in court, area above the ser and. you may be,limited to story top plate line.VAR: raising odly those issues To construct 682 sq. ft. you or someone else of third floor habitable raised at the public space not designed hearing described irtthis within the confines of notice, or in :written the roof volume_ Loca- correspondence deliv- 16412 Ardsley ered to the City at, or June 26 , 2003 Circle (south of Hum- prior to, the public boIdt Drive, at the hearing.If there are any terminus of the cul-de- further questions please sac), Project Planner: call the Planning De- Ron Santos, Assistant partment at (714) 536- Planner 5271 and refer to the NOTICE IS HEREBY above items.Direct your GIVEN that Item No. 1 written communications is categorically exempt to the City Clerk from the provisions of Cando Broc declare, under penalty of perjury, that the California E yiron- city� tr Clork,Cl k w,- mental Quality S Act. 1t-,2ndFloor, the foregoing is true and correct. NOTICE I HEREBY M.1"a GIVEN that Item No. 1 Huntlnyten Bwch,Col- is located in the ap- ifernla 926" pealable jurisdiction of (714)536-3227 the Coastal Zone and Published j#untipggtton includes Coastal Devel- Beach-Independent June Executed on JL1n0 26 2003 opment Permit No. 02- 26,2003 - 064-072 28, filed on July 16, at Costa Mesa, California. 2002, in conjunction with the above request. The Coastal Develop- ment Permit hearing ! consists of a staff / report, public hearing, 'L City Council discussion Signature and action. City Council action on Item No. 1 may be appealed to the Coastal Cominissior within ten (10) workini days from the,date o receipt of the notice p final City action.by th / 1 (8) July 7, 2003 -Council/Agency Agenda - Page 8 On File: A copy of the proposed request is on file in the City Clerk's Office, 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 the City Clerk's Office on Thursday, July 3, 2003. 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 (714)536-5271 and refer to the above items. 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 "Communication dated.June 27, 2003 and received in the City Clerk's Office on June 30, 2003 from Richard Batistelli, President of the Huntington Harbour Property Owners' Association in opposition to approval of Variance No. 02-09 is included in the agenda packet. Recommended Action: Motion to: A. Plannina Commission Recommendation: Approve Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 and Variance No. 02-09 to construct a first, second and third-story addition to an existing single-family dwelling totaling 1,690 sq. ft., including 682 sq. ft. of habitable area and a 171 sq. ft. deck above the second-story with Findings and Conditions of Approval. moment Ne. 1). Approved as amended to deny Variance No. 02-09 based on Findings for Denial as set forth in staff report(Attachment 2) and approves the Coastal Development Permit No. 02-21 and Conditional Use Permit No. 02-40 based on Findings for Approval as set forth in staff report (Attachment 1). Approved 6-1 (Green-NO) Motion to revisit current ordinance for possible revision—Failed 2-5(Green, Coerper-YES) OR �, (Attachment Ne 2) Planning Commissioner Randy Kokal made presentation on Planning Commission's deliberations. He stated that letter from applicant has been submitted in agreement which Planning Commission had not seen. Planning Commissioner Steve Ray reviewed Planning Commission's deliberations. He identified error in staff report relative to motion on the conditions on the bathroom window. He stated motion will be corrected when PC minutes presented for approval. Applicant distributed.a 12 page communication which included elevation. 4 0 , ruu, li��' U MEETING DATE: July 7, 2003 DEPARTMENT SUBJECT: REQUESTING: Public Works Revisions to Sewer Connection Charge Planning Appeal of Planning Commi `ssion s App ovaT_of CC PN0. 02- 21, CUP No. 02-40, and Vairance No. 02-09 (Todd _I ` Residence) TODAY'S DATE June 17, 2003 VERIFIED BY ADMININSTRATION: C, APPROVED BY: Ray Silver City Administrator 6/17/2003 11:42 AM COP Od., - a / T04d �i 0 � _ oq 178-062-12 (1) 178-062-13 (2) 178-062-14 (3) FORD CHARLES, PATRICIA DEMPSEY EDWARD TR LUND ROBERT JR 16492 BARNSTABLE CIR 16482 BARNSTABLE CIR 16472 BARNSTABLE CIR HUNTING.TOU BEACH CA 92649. HUUTINGTON.BEACH.CA 92649 HUNTINGTON BEACH CA 92649 I 178-062-15 (4) 178-062-16 .(5) . 178-062-17 (6) LOCKE GEORGE TR WILLIAMSON LARRY TR MAYBERRY EVELYN TR 16462 BARNSTABLE CIR 16452 BARNSTABLE CIR 15442 BARNSTABLE CIR HUNTINGTON-BEACH CA 92649 HUN-TINGTON.BEACH CA 9M49 HUNTING.TON BEACH CA 9�649 178-062-52 (7) t178-062k-51 ±(7) 178-062-25 (9) HONTINGTON H BOUR CORP R CORP KLEIN NEIL TR. 4241 WARN AVE 16365 ARDSLEY CIR HUNTIN ON.BEACH.CA 92649 CA 92649. HU.NTING.TON BEACH CA 9?649 178-062-26 (10) 178-062-27 (11) 178-062-28 (12) WEBSTER LAURENCE RICHARDSON GLEN, DEE TR ORR CHERYL TR. 18371 ARDSLEY CIR 16375 ARDSLEY CIR 16381 ARDSLEY CIR HUNTINGTON.BEACH.CA 92649 HUNTINC.TOU BEACK CA.926-49. HUN_TING-TON BEACH CA �2649 178-062-29 W) 178-062-30 (14) 178-062-31 (15) DALESSI WILLIAM-TR HIBORN BURTON TR MOORE HARRISON TR. 16385 ARDSLEY CIR . 16391 ARDSLEY CIR .' 16401.ARDSLEY CIR HUNTINGTON BEACH CA 92649 HUNTINGTON.BEACH.CA 92fi49 HUNTING.TOUBEACH..CA 97649 179-062-32 (16) 178-062 33 (17) 178-062-34 (18) TODD ALLEN JONES DANY LEE TR. RUZICS ERVIN, LINDA 16412 ARDSLEY CIR 5885 PARAMOUNT BL 16396 ARDSLEY CIR HUNTINGTON-BEACH CA 92649 LONG BEACH. CA,90805 HUALTING-TON.BEACH"CA.G�649 178-062-35 (19) 178-062-36 (20) 178-062-37 (21) MILLION CHESTER, JANNINE MARSHALL FRANCIS TR. THOMAS MICHAEL, SALLY 16392 ARDSLEY CIR 16386 ARDSLEY CIR 16382 ARDSLEY CIR HUNTINGTON BEACH CA 92649- HUNTING.T.ON.BEACH CA-926.49 HMTING-TON BEACH--CA 9�649 178-062-38 (22) 178-062-39 (23) 178-06240 (24) BLAU ROBERT TR. SAPERSTEIN MICHAEL " PHILLIP CARL TR. 16376 ARDSLEY CIR 16372 ARDSLEY CIR 16366 ARDSLEY CIR HUNTING.TON.BEACH CA 92649 HUUTIN.GTOUBEACH CA 92649. HUNTINGTON-BEACH. CA.92649 178-062-49 �� (25) -601-17 (26) 178-601-13 (27) BLAU ROBE PEYT JAMES,WILLIAM TR. SHELDON FRANK, BARBARA 16376 A EY CIR 16415 WIM DON LN 16437 WIMBLEDON LN HUN. TON.BEACI l CA.92649. HU.NTINGTON B CA.926.49. HU.NTINGTOU BEACH CA 93649 178-601-12 (28) 178-601-11 (29) 178-601-10 (30) CHANG G., COMBERG HARVEY ROSEN JOSEPH TR GORDON NORMAN TR 16439 WIMBLEDON LN 16441 WIMBLEDON LN 16443 WIMBLEDON LN HUNTING-TON.BEACH CA 92649 HUNTINGTON BEACH.CA.92E49. HU.NTING_TON BEACH.CA.99549. 178-601-09 (31) 178-601-65 (32) 178-600-01 (33) BRADESON BRIA4 TR- . M&R BUILDERS M&H BL4LDERS, 16445 WIMBLEDON LN 16345 SAYBROOK LN 16345 SAYBROOK LN HUNTINGTON.BEACH CA 92649 HUUTIN.GTOR BEACA-L CA 925.4E I-IUUT4NGTON.BEAC,H CA S2649 CIO 4►�t DRECKMAN . L ARCH. GARY L B CALIFORNIA COAST MISSION THE T STATES_(HQA). lNT 200 OCEA E#1000 16361 WIMBL LANE INE AVE#610 LO 4CH.CA.9.0802 HURTICzTON.REA 926�49. Lfl�LG BEACH.CA..99802 (17) PROPERTY OWNER (16) 0,CCUPANT- TODD ALLEN- 16402 ARDSLEY CIR 16412 ARDSLEY CIR HUNTINGTON BEACH .CA.92649 _ HUNTINGTO.N.BEACH.CA.92849. Var, dav�g C �� da a► I d GCJ�' �a yD 178-0 -51 ARCH. GARY LAMB 178-062-30 Huntingt0 hour orp INTERSTICES Burton Hilbom 4241 blamer A�C649 110 West Ocean Blvd#604 2808 N E 35"'Court Huntington Be Long Beach CA 90802 Fort Lauderdale,FL 33308 .. 178-062-35 178-601=17 Huntington Harbor POA Chester McMillion Charles Rowlette 16392 Ardsley Cir 16415 Wimbledon Ln P.O.Box 791 Huntington Beach, CA 92649 Huntington Beach, CA 92649 Sunset Beach, CA 90742 California Coastal Commission California Coastal Commission P&'slAEFM�' Theresa Henry �U���16 � ��� TD►rio South Coast Area Office South Coast Area Office � � xcw 200 Ocean ate 10�' floor 200 Oceangate 10 floor �'•D' SOX $�' g Long Beach, CA 92802-4302 F4Vj\M@ZTDN NLWH ,CA, �164S Long Beach, CA 92802-4302 var qo J �' 1 � NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, July 7, 2003, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21, CONDITIONAL USE PERMIT NO. 02-40, AND VARIANCE NO. 02-09 (TODD RESIDENCE) Applicant: W. Gary Lamb Appellant: City Council Member Debbie Cook Request: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft, third-story deck. CUP: To construct 682 sq. ft. of habitable floor area and 171 sq. ft. of deck area above the second-story top plate line. VAR: To construct 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume. Location: 16412 Ardsley Circle (south of Humboldt Drive, at the terminus.of the cul-de-sac) Project Planner: Ron Santos, Assistant Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. , NOTICE IS HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-28, filed on July 16, 2002, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on Item No. 1 may be appealed to the Coastal Commission within ten (10) working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California . Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA 90802-4302, phone number: (310) 570-5071. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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 the City Clerk's Office on Thursday, July 3, 2003. 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(714) 536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714) 536-5227 (g:leg a Is:Council\03cc0707) Jones, Dale From: Brockway, Connie Sent: Thursday, June 19, 2003 5:10 PM To: Jones, Dale Subject: FW: 7-07-03 legal notice Dale willyou email this to Mike in Legals at the HB Indep. his phone number is 949-574- 4251 and he can give you his fax. Tomorrow is good. I FAXED HIM IT EARLIER LIKE HE WANTS US TOO. BUT THERE WERE TYPOS FIXED ON THIS EMAIL SO TELL MIKE TO USE THIS EMAILED ONE. Connie -----Original Message----- From: Lugar,Robin Sent: Thursday,June 19,2003 4:40 PM S`Q To: Brockway,Connie , p Cc: Santos,Ron CA Subject: 7-07-03 legal notice 03cc0707.doc rz 1� 1 Jones, Dale From: Brockway, Connie Sent: Friday, June 20, 2003 9:02 AM To: Jones, Dale Subject: RE: 7-07-03 legal notice Thanks.cb -----Original Message----- From: Jones, Dale Sent: Friday,June 20,2003 9:01 AM To: Brockway,Connie Subject: RE: 7-07-03 legal notice I am emailing him now...Dale -----Original Message----- From: Brockway,Connie Sent: Thursday,June 19,2003 5:10 PM To: Jones, Dale Subject: FW: 7-07-03 legal notice Dale willyou email this to Mike in Legals at the HB Indep. his phone number is 949-574-4251 and he can give you his fax. Tomorrow is good. I FAXED HIM IT EARLIER LIKE HE WANTS US TOO. BUT THERE WERE TYPOS FIXED ON THIS EMAIL SO TELL MIKE TO USE THIS EMAILED ONE. Connie -----Original Message----- From: Lugar,Robin Sent: Thursday,June 19,2003 4:40 PM To: Brockway,Connie Cc: Santos, Ron Subject: 7-07-03 legal notice << File: 03cc0707.doc>> 1 • 0 �� �-�D qyAow NOTICE OF PUBLIC HEARING (i BEFORE THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTICE IS HEREBY GIVEN that on Monday, July 7, 2003, at 7:00 p.m. in the City Council Chambers, 2000 Main Street, Huntington Beach, the City Council will hold a public hearing on the following planning and zoning items: ❑ 1. APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21, CONDITIONAL USE PERMIT NO. 02-401 AND VARIANCE NO. 02-09 (TODD RESIDENCE) Applicant: W. Gary Lamb Appellant: City Council Member Debbie Cook Request: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft. third-story deck. CUP: To construct 682 sq. ft. of habitable floor area and 171 sq. ft. of deck area above the second-story top plate line. VAR: To construct 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume. Location: 16412 Ardsley Circle (south of Humboldt Drive, at the terminus of the cul-de-sac) Proiect Planner: Ron Santos, Assistant Planner NOTICE IS HEREBY GIVEN that Item No. 1 is categorically exempt from the provisions of the California Environmental Quality Act. NOTICE 1S HEREBY GIVEN that Item No. 1 is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 02-28, filed on July 16, 2002, in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on Item No. 1 may be appealed to the Coastal Commission within ten (10)working days from the date of receipt of the notice of final City action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10th Floor, Long Beach, CA 90802-4302, phone number: (310) 570-5071. ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 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 the City Clerk's Office on Thursday, July 3, 2003. 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(714)536-5271 and refer to the above items. Direct your written communications to the City Clerk Connie Brockway, City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 (714)536-5227 (g:legals:Council\03cc0707) CITY COUNCILIREDEVELOPMENT AGENCY PUBLIC HEARING REQUEST SUBIECT: MEh . OF Pe- s &4 EFLQVhL aF QDP kF0. 02-LI 2-40 i .{. . VAR. . K/O.- 02i-09 DEP MEETINCT DATE: CO ACT. IZt)k) S PHONE:- rT6 N/A YES NO Is the notice attached? ( ) (K ( ) Do the Heading and Closing of Notice reflect City Council(and/or Redevelopment Agency)hearing? Are the date,i day and time of the public hearing correct? t If an appeal,is the appellant's name included in the notice? i If Coastal Development Permit,does the notice include appeal language? ( ) (o!l ( ) Is there an Environmental Status to be approved by CouncM i Is a map attached for publication? Is a larger ad required? Size ( ) • ( ) (�` Is the verification statement attached indicating the source and accuracy of the mailing list? I V!WFI&V "or— ( ) ( ) 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 mailiag labels? O (jJr O If Coastal Development Permit,are the resident labels attached? Is the Report 33433 attached? (Economic Development Dept.items only) Pleas complete the following. . i n 1. Minimum days from publication to hearing date u ' 2. Number of times to be published l 3. Number of days between publications 21 . j �CEJW 17-1 ' MAY 2 3 2003 °, je CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION LJ TO: Connie Brockway, City Clerk FROM: Debbie Cook, Council Member�nn V "►" SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 02-09 (TODD RESIDENCE) DATE: MAY 23, 2003 Coastal Development Permit No. 02-21; Conditional Use Permit No. 02-40; and Variance No. 02-09 (Todd Residence)were approved by the Planning Commission on May 13, 2003. The subject property is located at 16412 Ardsley Circle. The request is to add 1,439 sq. ft. of floor area to an existing 2,800 sq. ft. two-story single-family residence. The additional area includes a 682 sq. ft third level with an outdoor deck. I am hereby appealing the Planning Commission's action based upon the following.reasons: 1. The project is inconsistent with the requirements of the RL (Low Density Residential) District for design of third story habitable space and does not meet criteria for approval of a variance. 2. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. 3. The granting of Variance No. 02-09 constitutes a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under the identical zoning. 4. The subject property does not exhibit special circumstances that justify approval of a variance. c: City Council Planning Commission Ray Silver, City Administrator o Howard Zelefsky, Director of Planning w =_ Ron Santos, Assistant Planner DC:RS:d v _ - 1 ATTACHMENT NO. --3:o (GASantos\CDP) ' NOTICE QF'L. PEAL TO PLANNING COMM: LION ACTION OF Date of Planning Commission Action TO: Planning Dept (2 copies) DATE:J -2i Q • City Attorney (1 copy) FILED BY ems- ® REGARDING: D-2-2! L' a K2-- ��/� 7� Tentative Date for Public Hearing: / G3 Copy of Appeal Letter attached. LEGAL NOTICE AND A.P. MAMING LIST MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 15 DAYS PRIOR TO THE PUBLIC HEARING DATE Connie Brockway City Clerk x5227 J� OG 4 Y TO: Members of the Huntington Beach City Council s o � b FROM: Huntington Harbour Property Owners' Association z w CD Cr BY: Richard Batistelli, President ;_ r �- DATE: June 27, 2003 J D SUBJECT: Appeal of Planning Corrunission Decision of May 13, 2003 (Approval of Variance No. 02-09-Todd Residence) LOCATION: 16412 Ardsley Circle (Huntington Harbour-Humboldt Island) STATEMENT OF ISSUES: The Huntington Harbour Property Owners' Association is in opposition of the approval of a variance (No. 02-09) for the construction of a third-story addition to a existing single- family, two story dwelling "not designed within the confines of its roof volume and with no setback of five feet from second-story walls". (Huntington Beach Zoning and Subdivision Ordinance, Sec. 210.06(M) If you have any questions or need additional background to our appeal, please call me at (818) 469-4707 Huntington Harbour Property Owner's Association,Inc. P.O. Box 791 Sunset Beach, CA 90742 (714)840-7877 ��GTON x o� HH RTy COASTAL DEVELOPMENT PERMIT No: 02-21 CONDITIONAL USE PERMIT 02-40 VARIANCE 02-09 AS APPLIED TO THE TODD RESIDENCE (16412 ARDSLEY CIRCLE) Before the City Council on Monday, July 7,2003 REQUESTED ACTION Denial of Variance 02-09 and the enforcement of the Zoning and Subdivision Ordinance, Sec. 210.06(M)and Design Criteria for third floor construction in low-density residential areas PETITIONERS PURPOSE: Oppose o Coastal Development Permit 02-21 o Conditional Use Permit 02-40 o Variance 02-09 Goal o Maintain the intended two-story appearance of the homes in low-density residential neighborhoods o Respect the due diligence of prior Planning Commission decisions and comprehensive committee review in 1992 for enacting a design criteria ordinance that has served this community well by withstanding the test of time as evidenced by the lack of significant requests for variances o Prevent haphazard detrimental effects resulting from case-by-case Planning o Respect the rights of ALL property owners SUPPORTED BY ` Huntington Harbour Property Owners Association Huntington Harbour Property Owner's Assoclation,lnc. P.O. Box 7.91 Sunset Beach, CA 90742 (714)840-7877 BACKGROUND COASTAL DEVELOPMENT.PERNUT 02-21 and STAFF REBUTTAL • Request to construct a first, second and third floor addition to an existing single-family dwelling including a third story deck. The requested addition is inconsistent with the Coastal Element of the General Plan. The project is not consistent with the requirements of the base zoning district, including design standards for third floor construction (not within the confines of the roof volume), setbacks for building walls exceeding 25 feet in height; orientation of third floor decks and setbacks for deck projections above the roof line. CONDITIONAL USE PERMIT 0240 and STAFF REBUTTAL • Request to construct 682 sq. ft. of habitable floor area and 171 sq.ft. of deck area above the second-story top plate line. The City has determined that dwellings in a residential low-density zoning district shall exhibit a design character consistent with two-story construction. Goals and policies of the General Plan include use building orientation and bulk that is compatible with the surrounding development, and maintenance of privacy on abutting residences. The project does not conform to design standards for third floor construction intended to ensure the compatibility of new development with existing and future development in the vicinity and under identical zone classification. Specifically, the proposed third floor loor addition does not comply with design standards intended to maintain a neighborhood character consistent with two-story construction. The proposed project is inconsistent with the character of the neighborhood and includes features (third floor deck oriented toward an adjacent dwelling) which infringe on the privacy of adjacent properties. VARIANCE 02-09 and STAFFREBUTTAL • To construct 682 sq. ft.of third floor habitable space not designed within the confines of the roof volume. Granting the variance would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. A variance would allow for construction of an addition designed inconsistently with the desired character of the neighborhood and would excessively infringe on the privacy of the adjoining residences. N x HH APPLICANT COMMENTS and PETITIONER REBUTTAL • Proposal provides the most cost effective means of increasing square footage (removing the existing roof is too costly) Required Findings for Approval of a Variance include "Mhe granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. " Since 1992, all homes in the area with three-story construction have complied with the specifications of the ordinance. There are no special circumstances with regard to the subiect to Not committing the funds necessary to comply with the ordinance does not constitute special circumstances. Regarding a variance, special circumstances are with respect to the site, not finances. • Compliance with setback requirements and Yd floor construction"within the confines of the 2nd story roof line"would greatly reduce habitable space Required Findings for Approval of a Variance include "[B]ecause of special circumstances applicable to the subiect property including size, shape, topography or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. " The site presents no unique constraints or circumstances; therefore, strict application of the ordinance does not lead to deprivation of property rights. • Application of the ordinance has been arbitrary. Proposal is not inconsistent with other homes on Ardsley; there are 3-story homes on the street. The issue of inconsistency applies to the entire neighborhood,properties in the vicinity and under an identical zone classification. In 1985, there was a 3-story remodel at 16386 Ardsley(Exhibit A). The design criteria outlined in the 1992 ordinance was a response with the intent of protecting the low-density residential neighborhood's two-story appearance from three-story construction. Since the 1992 ordinance, there have not been any variances for new third story construction. . If a property exceeds these limitations, construction occurred prior to the ordinance. Planning Department research indicates there have been no waivers or variances in the past S years. • ���G�N�Lp� HH PLANNING COMMISSION'S COMMENTS (paraphrased) and PETITIONER REBUTTAL • Approval gives the homeowner the right to bring his property up to the standard of other homes in the area. Since 1992, all homes in the area with three-story construction have complied with the specifications of the ordinance (Exhibit B and Q. Not committing the funds necessary to comply with the ordinance does not constitute special circumstances. Regarding a variance, special circumstances are with respect to the site, not finances. There are no special circumstances with regard to the subject tot. • The Planning Commission has the right to deviate from existing ordinances. Things are not set in stone,or they would not be coming to us. The authority of the Planning Commission and Zoning Administrator as outlined in Chapter 241.04 states conditional use permits or variances may be granted if"the proposed conditional use permit or variance is consistent with the General Plan and all applicable requirements of the Municipal Code, consistent with the requirements of Section 241.10. " Section 241.10C calls for mandatory denial if there is a `failure to make all the required findings under... or(B)"For Variances. As outlined in(B) For Variances, this project does not meet the criteria fora variance. The criteria includes a waiver will not present special privilege; the site presents unique constraints, unique circumstances so as to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, the proposed project is consistent with the General Plan, and the proposed project is necessary to preserve natural property rights., Since 1992, all homes in the area with three-story construction have complied with the ordinance; therefore,approval of the variance would present special privilege. The site's irregular shape does not deprive the owner the privilege of constructing third-story habitable space within the confines of the existing ordinance; in this case, the shape of the lot does not affect the design of the roof. The City has determined that dwellings in a residential low-density zoning district shall exhibit a design character consistent with two-story construction HH '° PLANNING COMMISSION'S COMMENTS(paraphrased) and PETITIONER REBUTTAL(continued) • Three-story designs appear elsewhere in the City, maybe it is time for an update Huntington Harbour is zoned low density residential, not medium density or medium-high density. The minimum building site and minimum lot area for low density residential is 6,000 square feet. These low density standards and other standards as stipulated in the General Plan are valued by most homeowners. Maintaining the unique character of low- density residential neighborhoods is dependent on the continuity provided by these standards and the design criteria of the existing ordinance. CONCLUSIONS The proposed project has not satisfactorily met the requirements for a variance. As such, the Planning Commission has exceeded the scope of their authority. The property site. does not present special circumstances or unique constraints;and the proposed project is not consistent with the General Plan. However, granting of this variance would present special privilege to the applicant not given to other property owners in the vicinity within the same zone classification. Haphazard case-by-case planning is detrimental to the character of any neighborhood (Exhibit D). Zoning restrictions provide.valued continuity and facilitate the protection of a neighborhood's unique features as well as the quality of life of the residents. The 1992 ordinance with design criteria for third floor construction provides continuity and protection for unique, low-density residential areas as Huntington Harbour. The Board of Directors of the Huntington Harbour Property Owners Association fully supports the Planning Department and Zoning Administrator in enforcing the existing ordinance and providing protection for all property owners. _ „�T. II:IT A — STREET-SIDE VIEW STORY NOT • 1' WITH • ORDINANCEI y . 86 Ardsley Circle, Humboldt , r - J r 4002On dine , EXHIBIT B -- STREET-SIDE VIEW 3RO STORY COMPLIANT WITH LOW-DENSITY ORDINANCE R• I G I - 3 17041 Bolero Lane, Davenport Island i f 16511 Carousel Lane, Humboldt Island EXHIBIT C -- WATERFRONT VIEW 3RD STORY COMPLIANT WITH LOW-DENSITY ORDINANCE 0 WIN 16812 Baruna Lane, Davenport Island i ► 4022 Diablo Circle, Mainland EXHIBIT D - SUNSET BEACH STREET-SIDE VIEW NEIGHBORHOOD CHARACTER WITHOUT A STRICT ORDINANCE • . Council/Agency Meeting Held: 0 Deferred/Continued to: cli ElApproved Conditiona ly Approved D City� y rk's nat re Si g Council Meeting Date: July 7, 2003 Department ID Number: PL03-15 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, CityAdministratorQ� L ry PREPARED BY: HOWARD ZELEFSKY, Director of Planning ,- SUBJECT: DENY COASTAL DEVELOPMENT PERMIT NO. 02-21/ c CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 0'2-09- (Todd Residence — 3rd Story Addition). 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 Coastal Development Permit No. 02-21/ Conditional Use Permit No. 02-40/ Variance No. 02-09. These applications represent a request to construct first, second and third-story additions to an existing two-story single-family dwelling totaling 1,690 sq. ft. The conditional use permit is for the third-story addition which consists of 682 s.f. of habitable floor area and a 171 sq. ft. open deck. The variance is requested to allow the proposed third-story not within the confines of the second-story roof volume, as required by the Zoning and Subdivision Ordinance. The Planning. Commission approved the project and is recommending approval (Recommended Action —A) based on findings that the proposed addition is compatible with the surrounding neighborhood and that the variance is necessary to preserve a substantial property right. Some Commissioners also expressed discordance with the City's third-story design standards and opined that the proposed design complies with the intent of the third- story ordinance. Staff recommended denial of the project to the Planning Commission and is recommending that the City Council deny the request (Recommended Action — B) because the proposed addition is incompatible with the two-story character predominant in the neighborhood, does not comply with provisions of the Zoning & Subdivision Ordinance for the .design of third- stories, and does not meet the criteria for approval of a variance. � t REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 Funding Source: Not applicable. Recommended Actions: A. PLANNING COMMISSION RECOMMENDATION: Motion to: "Approve Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 and Variance No. 02-09 to construct a first, second and third-story addition to an existing single- family dwelling totaling 1,690 sq. ft., including 682 sq. ft. of habitable area and a 171 sq. ft. deck above the second-story with findings and conditions of approval (Attachment No. 1)" Planning Commission Action on May 13, 2003: A MOTION WAS MADE BY BOHR, SECONDED BY SHOMAKER, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMIT NO. 02-40/ VARIANCE NO. 02-09, WITH FINDINGS AND CONDITIONS OF APPROVAL CARRIED BY THE FOLLOWING VOTE: AYES: BOHR, RAY, SHOMAKER, STANTON NOES: DAVIS, DINGWALL, KOKAL ABSENT: NONE ABSTAIN: NONE MOTION PASSED B. STAFF RECOMMENDATION: Motion to: "Deny Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 and Variance No. 02-09 to construct a first, second and third-story addition to an existing single- family dwelling totaling 1,690 sq. ft., including 682 sq. ft. of habitable area and a 171 sq. ft. deck above the second-story with findings for denial (Attachment No. 2). Alternative Action(s): The City Council may make the following alternative motion(s): "Continue Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 and Variance No. 02-09 and direct staff accordingly." PL03-15 -2- June 18,2003 2:05 PM • • REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 Analysis: A. PROJECT PROPOSAL: Applicant: W. Gary Lamb, 110 W. Ocean Boulevard, Suite 604, Long Beach, CA 90802 Property Owner: Allen Todd, 16412 Ardsley Circle, Huntington Beach Location: 16412 Ardsley Circle (Huntington Harbor, south of Humboldt Drive) Coastal_Development Permit No. 02-21/Conditional Use Permit No. 02-40 represents a request for the following: A. To construct a first, second and third floor addition to an existing two-story single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft. third-story deck pursuant to Chapter 245 — Coastal Development Permit and Chapter 210 --Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (ZSO); and B. To construct a third level consisting of 682 sq. ft. of habitable floor area and 171 sq. ft. of open deck area; pursuant to Section 210.06(M) — Height Requirements, of the ZSO. Variance No. 02-09 is requested for the following: A. To construct 682 sq. ft. of third-story habitable space not designed within the confines of the second-story roof volume, as required pursuant to Section 210.06(M)(d) — Height Requirements of the ZSO. A summary tabulation of the proposed addition is provided below: BUILDING AREA: EXISTING PROPOSED TOTAL DESCRIPTION FIRST FLOOR 1,306 376 1,682 additional one-car garage; expanded living room, dining room and kitchen SECOND FLOOR 1,507 461 1,968 expansion of two bedrooms and DECKS 468 151 317 two bathrooms; new deck THIRD FLOOR 682 682 new 682 s.f. family room and 171 DECKS 171 171 s.f. deck TOTAL w/ DECKS 3,281 1,539 4,820 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 (HCC). Between 1986 and adoption of the ordinance in 1992, the zoning code permitted third-stories in single-family residential districts PL03-15 -3- June 18,2003 2:05 PM REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 (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 HCC was created by the City Council in response to concerns over new third-story construction in Huntington Harbor. The primary focus of the HCC was whether or not third- story construction should be permitted in single-family residential districts, and if so, how large; taking into account issues of compatibility with the surrounding neighborhood. The HCC determined that, rather than prohibiting third-stories entirely, they should be permitted subject to new design restrictions which maximize compatibility with surrounding two-story dwellings and reduce potential privacy impacts to adjacent properties. The HCC indicated that the intent of the recommended code amendment was to permit third-story lofts, in lieu of true third-stories. 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 facade and do not exceed the building height limit. ■ 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 (including the subject application) were received. Of the seven, four have been approved, one was withdrawn and two are pending. Since 1992, three variances involving third-stories not within the second-story roof volume have been approved (1993, 1995, 2001). The requests consisted of conversion of an existing third-story deck to habitable space (1993) , a tower element enclosing a stairway to a third-floor otherwise within the roof volume (1995), and expansion of an existing third-story constructed prior to 1992 (2001). C. ZONING ADMINISTRATOR MEETING AND RECOMMENDATION: The subject entitlements were considered by the Zoning Administrator at a public hearing on January 22, 2003. In addition to the entitlements currently pending City Council review, the Zoning Administrator considered additional requests by the applicant for the following: ■ Conditional Use Permit to construct an addition exceeding 30 feet in height; PL03=15 -4- June 18,2003 2:05 PM REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 ■ Variance to construct a building wall exceeding 25 feet in height at a reduced rear yard setback; ■ Variance to construct a third-story deck not oriented toward the public right-of-way; ■ Variance to construct a third-floor deck projecting above the roofline — not set back a minimum of five feet from the building exterior. Testimony in support of the request was received from the applicant and the property owner. Testimony in opposition to the request, along with a letter (Attachment No. 5), was received from a Huntington Harbour property owner and resident. Prior to the hearing, letters in support of the requested entitlements were received from the owners of each adjacent property. Staff recommended denial of the request, on the basis that the project design did not comply with applicable provisions regarding third-story design, failed to meet the criteria for approval of a variance, and would have a detrimental impact to the privacy of adjoining property. The public hearing was continued to the February 12, 2003 meeting, at the request of the applicant. At the February 12, 2003 meeting, staff presented the applicant's revised plans and amended request. The applicant excluded the items listed in bullet form above, but retained the request to allow construction of a third-story addition not within the confines of the second story roof volume. Staff recommended approval of the coastal development permit and conditional use permit, with a condition requiring re-design of the third-story to comply with the ordinance, and denial of the variance. The applicant stated a willingness to re-design the third-story addition for conformance with code. No other public testimony was received. The Zoning Administrator approved Coastal Development Permit No. 02-21 and Conditional Use Permit No. 02-40, with a condition of approval requiring redesign of the proposed third-story addition. Variance No. 02-09 — to allow construction of a third-floor not within the confines of the second-story roof volume, was denied. D. PLANNING COMMISSION MEETING AND RECOMMENDATION: On May 13, 2003, the applicant's appeal of the Zoning Administrator's action was presented to the Planning Commission. The applicant and the property owner spoke in support of the request and presented elevations showing alternative designs for the proposed addition. The applicant discussed the difficulties involved in designing the proposed addition to comply with the City's third-story design standards due to the existing two-story design of the dwelling. The applicant also noted the existence of other three-story dwellings in the neighborhood and asserted that the proposed addition complies with the intent of the ordinance since it avoids a box-like bulky appearance. No other public testimony was received. Commissioners opposed to the request cited the project's non-compliance with the third-story ordinance, lack of compatibility with the surrounding neighborhood and lack of justification for approval of the variance request. One Commissioner also expressed concern regarding the PL03-15 -5- June 23,2003 2:37 PM • . REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 potential to set a precedent for approval of future third-story related variance requests based on limited justification. The Planning Commission approved the request with a condition of approval requiring the use of obscure glass on one of four third-story windows oriented toward adjoining properties. Commissioners cited the existence of other three-story dwellings in the neighborhood, the fact that the proposed addition complies with the applicable height limit, and the architectural aesthetics of the project as a basis for approval. Members of the Commission also asserted that the proposed project is consistent with the intent of the third-story ordinance. E. APPEAL: On May 23, 2003, City Council Member Cook filed an appeal of the Planning Commission's approval of the proposed project. The appeal letter (Attachment No. 3) cited the following reasons as a basis for the appeal: 1. The project is inconsistent with the requirements of the RL (Low Density Residential) District for design of third-story habitable space and does not meet criteria for approval of a variance. 2. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third-story, inconsistent with the two-story character established as the standard for the neighborhood. 3. The granting of Variance No. 02-09 constitutes a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under the identical zoning. 4. The subject property does not exhibit special circumstances that justify approval of a variance. The reasons cited above are consistent with the findings for denial recommended by staff, and are supported by the analyses provided below and in the Planning Commission staff report. F. STAFF ANALYSIS AND RECOMMENDATION: Third Story Desiqn: Staff is not opposed to a third level addition to the existing two-story residence. However, staff believes that the third-story as designed does not comply with applicable codes for the design of third-stories and is incompatible with the two-story character of the neighborhood. Specifically, the proposed third-story is not designed within the confines of the second-story roof volume, does not setback a minimum of five feet from the second-story faoade (at the rear of the dwelling), and features third-story windows oriented toward adjacent properties. Consequently, the proposed addition appears as a true third-story inconsistent with the intent of the code and the two-story character of the neighborhood. In addition, the third-story windows are not oriented toward the public right-of-way and are in direct conflict with the ordinance. The orientation of the windows has the potential to impact the privacy of the adjacent neighbors because of their position overlooking the adjoining properties. PL03-15 -6- June 18,2003 2:05 PM REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 Although numerous dwellings have been constructed in Huntington Harbor with third-story habitable space, the design of these dwellings comply with the intent of the applicable ordinance. Exceptions include those dwellings constructed prior to 1992 and the adoption of the current third story design requirements. With the exception of the third-story however, the proposed additions comply with applicable ZSO standards, including minimum setbacks, maximum height and maximum lot coverage. Variance Requirements: In order to approve the requested variance, the City Council must make certain required findings. The findings are that granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights, and because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Finally, the.ZSO requires a finding that the granting of the variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under identical zone classification. As noted above, third-story construction is not identified in the ZSO as a substantial property right. Instead, the ZSO requires approval of a conditional use permit for any third-story habitable space. In addition, although the lot is irregularly shaped, staff does not believe that the shape of the lot or other features of the subject property present special circumstances which relate to the design of the roof of the proposed addition. Also, as noted above, since 1992, the City has processed and approved numerous entitlements for third-story habitable space designed in accordance with ZSO standards. Approval of the requested variance would be inconsistent with the limitations placed on other properties in the vicinity and under identical zone classification. In addition, the proposed project does not meet the criteria for approval of a variance, and consequently would constitute a grant of special privilege inconsistent with the limitations placed on other properties in the vicinity and under identical zone classification. Accordingly, staff is recommending denial of the proposed project. Environmental Status: The proposed project is categorically exempt pursuant to Class 1, Existing Facilities, Section 15301, 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. PL03-15 -7- June 18,2003 2:05 PM REQUEST FOR ACTION MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: PL03-15 Attachment(s): City Clerk's Page Number No. Description 1. Suggested Findings and Conditions of Approval (Planning Commission Recommendation) 2. Suggested Findings for Denial (Staff Recommendation) 3. Appeal Letter to City Council dated May 23, 2003. 4. Planning Commission Draft Minutes dated May 13, 2003 5. Planning Commission Staff Report dated May 13, 2003 6. PowerPoint Presentation Slides RCA Author: RS/HF PL03-15 -8- June 25,2003 9:51 AM ATTACHMENT 'l . .. COASTAL DEVELOPMENT PERMIT NO. 02-211 CONDITIONAL USE PERMIT NO. 02-401 VARIANCE NO. 02-09 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission 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 to an existing single-family dwelling. FINDINGS FOR APPROVAL-COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft., as conditioned, conforms with the General Plan and Local Coastal Program Land Use designation of Residential Low-Density. The proposed project is consistent with Coastal Element Land Use-Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling Will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the Residential Low-Density base zoning district, as well as other applicable provisions of the Municipal Code, with the exception of third-story standards addressed by Variance No. 02-09. The project complies with HBZSO standards for maximum building height, minimum yard setbacks, maximum site coverage and minimum on- site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure and services in a manner that is consistent with the Local Coastal Program. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 02-40: 1. Conditional Use Permit No. 02-40 to construct an addition to an existing single-family dwelling with (a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second-story top plate line, 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 proposed dwelling will be constructed in single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. 2. The conditional use permit will be compatible with surrounding uses, since the design, materials, height, size and massing of the proposed dwelling will be (03CL0513) Attachment 1.1 comparable with other dwellings existing in the surrounding neighborhood 3. The proposed project 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, with the exception of third-story design standards addressed by Variance No. 02-09. 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-7 (Residential Low- Density—7 units per acre maximum) 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; The proposed addition will not exceed the.height limit allowed by right in the RL zoning district (30 feet) and will be constructed in a neighborhood developed with existing three-story dwellings. FINDINGS FOR APPROVAL -VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct 682 sq. ft. of third-story habitable space not designed within the confines of the roof volume will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone.classification. The project is proposed in a neighborhood which includes other existing dwellings with third-stories not designed within the confines of the second-story roof volume. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property's existing site and building conditions prohibit the design and construction of a third-floor addition that is compatible with the existing architecture and the surrounding neighborhood and in compliance with the zoning ordinance. Consequently, the subject property is deprived the privilege of constructing a third- story addition in a neighborhood developed with other existing three-story single- family dwellings. 3. The granting of the requested variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to allow an existing single-family dwelling to be expanded to a size and value comparable to other dwellings existing in the neighborhood. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The requested variance will allow for construction of an addition to an existing single-family dwelling resulting in a positive impact on the value of the (03CL0513) Attachment 1.2 subject property and the surrounding neighborhood. The proposed third-story will be setback an adequate distance from side property lines to ensure no significant reduction in privacy on adjoining properties. CONDITIONS OF APPROVAL—COASTAL DEVELOPMENT PERMIT NO. 02-211 CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 02-09: 1. The site plan, floor plans and elevations received and dated February 27, 2003, shall be the conceptually approved layout with the following modifications: a. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes, and similar items on the site plan and elevations. b. Obscure glass shall be used for the northwest third-floor window, adjacent to the bathroom. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of•approvat 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. b. All Fire Department requirements shall be noted on plans submitted for building permits. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City specification#426—Fire Safety Requirements for Construction Sites. (FD) b. Plans for an automatic fire sprinkler system shall be submitted to the Building & Safety Department for review and approval by the Fire Department as separate plans for permits. (FD) c. Shop drawings for a fire alarm system shall be submitted to the Building &Safety Department for review and approval by the Fire Department as separate plans for permits. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior.and exterior horns and strobes, voice communication, and 24-hour central station monitoring. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contaminationtpipelines, etc, shall be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) b. All applicable Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) (03CL0513) Attachment 1.3 5. The final building permit(s) cannot be approved until the following has been completed: a. An automatic fire sprinkler system shall be installed throughout in accordance with approved plans. (FD) b. A fire alarm system shall be installed in accordance with approved plans. (FD) c. Address numbers shall be installed on structures to comply with Fire Department City Specification.428. (FD) d. A new sewer lateral shall be installed. (PW) e. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The water service shall be a minimum of one inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards for domestic'water service. (PW) g. The existing domestic water service -and meter shall be abandoned per Water Division standards. (PW) h. A 36-inch box tree or palm equivalent shall be planted in the front yard. (PW) L All building spoils, such as unusable lumber,wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. j. Building permits shall be obtained for the accessory structures constructed without permits or structures shall be demolished. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the.Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. (03CL0513) Attachment 1.4 INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/ Variance No. 02-09 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the Califomia Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/ Variance No. 02-09 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/Variance No. 02-09, pursuant to a public hearing for revocation, if any,violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building & Safety, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the.Planning Department within two (2) days of the Planning Commission's action. 7. State-mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within public the right-of-way. (PW) 9. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. (03CL0513) Attachment 1.5 N-,., TTACH MENT 2` ATTACHMENT NO. 1 SUGGESTED FINDINGS COASTAL DEVELOPMENT PERMIT NO. 02-21 CONDITIONAL USE PERMIT NO.02-40 VARIANCE NO. 02-09 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission 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 to an existing single- family dwelling, resulting in an increase in floor area of less than 50 percent. SUGGESTED FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft. third story deck, does not conform with the General Plan, including the Local Coastal Program. The proposed third-story is not designed within the second-story roof volume, is not setback a minimum of five-feet from the second-story exterior walls (at the rear of the dwelling), and features third-story windows which are not oriented toward the public right-of-way, as required by the ZSO. The principal method for implementation of the Local Coastal Program is the ZSO, and the design and development standards contained therein. The proposed project does not comply with applicable ZSO standards, does not meet criteria for approval of a variance, and-is therefore inconsistent with the Coastal Element of the General Plan. 2. The project is inconsistent with the requirements of the base zoning district for design of third story habitable space. Specifically,the proposed third-story is not designed within the second-story roof volume,is not setback a minimum of five-feet from the second-story exterior walls (at the rear of the dwelling), and features third-story windows which are not oriented toward the public right-of-way as required by the ZSO for projects within the Residential Low-Density zoning district. SUGGESTED FINDINGS FOR DENIAL- CONDITIONAL USE PERMIT NO. 02-40: 1. Conditional Use Permit No. 02-40 to construct 682 sq. ft. of habitable floor area and 171 sq. ft. of deck area above the second-story top plate line will be detrimental to the general welfare of persons residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The design of individual dwellings collectively play a significant role in projecting the character and quality of the neighborhood as a whole,which in turn directly affects the value of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low-Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third-story windows which are not oriented toward the public right-of-way, as (03sr03) Attachmcnt Noa.1 required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. 2. The conditional use permit will be incompatible with surrounding uses because the project does not conform with design standards for third-story construction intended to ensure the compatibility of new development with existing and future development in the vicinity and under identical zone classification. Specifically, the proposed third-story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that(a) third-story habitable space be designed within the second-story roof volume; (b)third-story windows orient toward the public right- of-way only; and (c) third-floor habitable space setback a minimum of five feet from the second-story fagade. Consequently, the proposed addition appears as a true third-story and is incompatible with the two-story character established as the standard for the neighborhood. 3. The proposed Conditional Use Permit No. 02-40 does not comply with applicable provisions of the Huntington Beach Zoning and Subdivision for the base district with respect to design standards for third-story construction. Specifically, the proposed third-story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that(a) third-story habitable space be designed within the second-story roof volume; (b) third-story windows orient toward the public right-of-way only; and (c) third-floor habitable space setback a minimum of five feet from the second-story fagade. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan Land Use Element and Coastal Element: Land Use Element Objective 9.2: Provide for the preservation of existing residential neighborhoods. Policv 9.2.1: Require that all new residential development within the existing residential neighborhoods (i.e. infill) be compatible with existing structures, including the use of building heights, grade elevations, orientation and bulk that is compatible with the surrounding development Coastal Element Objective C 1.1: Ensure that adverse impacts associated with coastal zone developments are mitigated or minimized to the greatest extend feasible. The project is proposed in a neighborhood which the City has determined shall be preserved by means of design standards which limit third-story construction and which maintain the character of one and two-story construction. The proposed addition is designed with an apparent third-story and therefore does not serve to preserve the character of the existing neighborhood. The principal method for implementation of the Coastal Element is the Huntington Beach Zoning & Subdivision Ordinance, and the design and development standards contained therein. Accordingly, projects which do not comply with HBZSO standards, and which do not meet criteria for approval of a variance, are inconsistent with the Coastal Element of the General Plan. (03sr03) Attactuncnt NoV SUGGESTED FINDINGS FOR DENIAL - VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct 682 sq. ft. of third-story habitable space not designed within the confines of the roof volume would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The City has reviewed and approved numerous applications for entitlements to construct third-story habitable space since 1992 which were required to comply with the Huntington Beach Zoning& Subdivision Ordinance standards for third-story design. 2. The subject property does not exhibit special circumstances including the size, shape, topography, location or surroundings which, when subject to the strict application of the zoning ordinance, deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is standard size for the RL district, has a level topography and is not uniquely located. The property's irregular shape does not serve to deprive it of the privilege to construct third-story habitable space in conformance with applicable code requirements, since the design of the'roof is not affected by the shape of the lot. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The variance is requested to allow construction of third-story habitable space not within the confines of the second-story roof volume. Third-story habitable space is not identified in the ZSO as a substantial property right in the RL zone. Third-stories are permitted only at the discretion of the Zoning Administrator, Planning Commission or City Council. 4. The granting of the requested variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. The design of individual dwellings collectively play a significant role in projecting the character and quality of the neighborhood as a whole, which in turn directly affects the value of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low-Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third-story windows which are not oriented toward the public right-of-way, as required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. (03sr03) Attachment No.2.3 ATTACHMENT 3 °AA CITY OF HUNTINGTON BEACH CITY COUNCIL COMMUNICATION TO: Connie Brockway, City Clerk FROM: Debbie Cook, Council Member�//�� V V' SUBJECT: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 02-09 (TODD RESIDENCE) DATE: MAY 23, 2003 Coastal Development Permit No. 02-21; Conditional Use Permit No. 02-40; and Variance No. 02-09 (Todd Residence) were approved by the Planning Commission on May 13, 2003. The subject property is located at 16412 Ardsley Circle. The request is to add 1,439 sq. ft. of floor area to an existing 2,800 sq.ft. two-story single-family residence. The additional area includes a 682 sq. ft. third level with an outdoor deck. I am hereby appealing the Planning Commission's action based upon the following reasons: 1. The project is inconsistent with the requirements of the RL (Low Density Residential) District for design of third story habitable space and does not meet criteria for approval of a variance. 2. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. 3. The granting of Variance No. 02-09 constitutes a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under the identical zoning. 4. The subject property does not exhibit special circumstances that justify approval of a variance. c: City Council Planning Commission Ray Silver, City Administrator o c Howard Zelefsky, Director of Planning Ron Santos, Assistant Planner q DC:RS:rl (GASantos\CDP) ATTACHMENT 4 Minutes May DRP,,r May 13,2003 Page 4 7:00 P.M.-CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray AGENDA APPROVAL A. ORAL COMMUNICATIONS—None. Terri Elliot, Principal Civil Engineer, announced to the Commission and the community that a flyer was being distributed with incorrect information regarding the re-routing of traffic through a neighborhood located at the southwest corner of Warner Avenue and Graham Street. She stated that Orange County Sanitation District was constructing a new sewer line in the immediate area along Warner Ave., and if the public wanted more information about the project, they can call OCSD at 714-378-2965. B. PUBLIC HEARING ITEMS -PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21 AND CONDITIONAL USE PERMIT NO. 02-40: DENIAL OF VARIANCE NO. 02-09(TODD RESIDENCE): Applicant/Appellant: W. Gary Lamb Request: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq.ft. third story deck; CUP: To construct 682 sq. ft. of habitable floor area and 171..sq. ft. of deck area above the second-story top plate line; VAR: To construct 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume. Location: 16412 Ardsley Circle (south of Humboldt Drive, at the bulb of the cul-de-sac). Project Planner: Ron Santos Coastal Development Permit No. 02-21 request: = To construct a first, second and third story addition to an existing single- family dwelling. • Conditional Use Permit No. 02-40 request: . To construct an addition to an existing single-family dwelling which includes third-story habitable area and a third-story deck. • Variance No. 02-09 request: To construct a third-story addition to an existing single-family dwelling not designed within the confines of the roof volume. Staffs Recommendation: Deny Coastal Development Permit No. 02-21/ Conditional Use Permit No. 02-40 and Variance No. 02-09 based upon the following: - The proposed project does not conform with the requirements of the base zoning district. (03pom0513) PC Minutes May 13,2003 Page 5 - The proposed project is incompatible with surrounding uses. - The granting of the requested variance would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under identical zone classification. - The requested variance is not necessary to preserve a substantial property right. - The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. Staff made a presentation to the Commission. Questions/comments included: ■ Regarding height requirements and whether or not the second story height could be increased without adding a third story? ■r How much additional square footage is part of the project? • What findings are necessary to grant a variance? ■ Is this the first variance request for a third story? ■ Information was presented regarding a variance to an existing third story residence approved by the Zoning Administrator in1995 ■ Third story ordinance adopted by the City Council in 1992 to add design standards and the discretionary process as recommended by the Planning Commission and subcommittee • 16386 Ardsley was granted a coastal development permit in 1985 for a third story (no design requirements in place at that time) ■ All approvals of third story additions, post 1992, have generally complied with the current design standards ■ Window locations should be toward the public right-of-way not directed to adjacent residential (option to include"frosted"or"privacy" glass?) • Why was the Huntington Harbor Property Owners Association's letter not included in the report? • Why can't the applicant meet the City's design requirements? ■ What is the public notification requirement? (300' radius property owners, 100' radius occupants) • What public comments have been received? (one written in opposition and one oral comment made at the Zoning Administrator meeting) THE PUBLIC HEARING WAS OPENED: Gary Lamb, applicantlarchitect, spoke in support of the item and provided background on the proposed request. He presented diagrams depicting different development options: a)existing dwelling and third story addition; b)alternate with roof pitch design; c)alternate vertical wall design, and d) examples of other existing third story designs in the harbor area. Allen Todd, property owner, spoke in support of the applicant's request. He informed the Commission that he received the staff report earlier that afternoon, leaving him little time to prepare a response. He discussed his reasons for adding a third story to the existing dwelling, adding that the City's historical building permit records are missing. He urged the Commission to support the request. (03pan0513) AT 9 ACHI MEEKT NO. �Z PC Minutes May 13,2003 Page 6 Mr. Todd was asked to hold up diagram b) showing roof elevations and window treatments. He was also asked if he would consider alternate window treatments. Mr. Todd agreed. Discussion ensued regarding late transmittal of the staff report and Mr. Todd's thoughts as to possible continuance of the item. Mr. Todd asked the Commission'to act on the item without continuance and mentioned the significant costs associated with redesigning the request. WITH NO ONE ELSE PRESENT TO SPEAK,THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding development in the immediate neighborhood, lot sizes in the area and the non-conforming block wall height. Staff noted that the blockwall should not be considered a part of the request and suggested that the applicant's interior property wall be grandfathered. The Commission asked staff to provide examples of limitations placed on other properties within the vicinity, and also asked the applicant to provide cost estimates on redesigning the proposal. The Commission discussed approving the project based on findings that the proposed addition is compatible with the surrounding neighborhood and that the variance is necessary to preserve a substantial property right. Commissioners also expressed discordance with the City's third-story design standards and opined that the proposed design complies with the intent of the third-story ordinance. A MOTION WAS MADE BY BOHR, SECONDED BY SHOMAKER, TO APPROVE COASTAL DEVELOPMENT PERMIT NO. 02-21, CONDITIONAL USE PERMIT NO.01.40, AND VARIANCE NO. 02-09 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL(FROSTED WINDOW TREATMENTS), BY THE FOLLOWING VOTE: AYES: Bohr, Stanton, Shomaker, Ray NOES: Davis, Kokal, Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40/ VARIANCE NO. 02-09 FINDINGS FOR PROJECTS EXEMPT FROM CEO The Planning Commission 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 to an existing single-family dwelling. (03pcm0513) PC Minutes May 13,2003 Page 7 FINDINGS FOR APPROVAL -COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft., as conditioned, conforms with the General Plan and Local Coastal Program Land Use designation of Residential Low-Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the Residential Low-Density base zoning district, as well as other applicable provisions of the Municipal Code, with the exception of third-story standards addressed by Variance No. 02-09. The project complies with HBZSO standards for maximum building height, minimum yard setbacks, maximum site coverage and minimum on-site parking. 3. At the time of occupancy the proposed development can be provided with infrastructure and services in a manner that is consistent with the Local Coastal Program. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to coastal resources. FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO.02-40: 1. Conditional Use Permit No. 02-40 to construct an addition to an existing single-family dwelling with (a)682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second- story top plate line, 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 proposed dwelling will be constructed in single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. 2. The conditional use permit will be compatible with surrounding uses, since the design, materials, height, size and massing of the proposed dwelling will be comparable with other dwellings existing in the surrounding neighborhood 3. The proposed project 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,.with the exception of third-story design standards addressed by Variance No. 02-09. 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-7 (Residential Low-Density—7 units per acre maximum)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; (03p=0513) .p4 5 f1 gy g.p �qj\ A ;.`C� CME.it`T, KNA0o � ...� • PC Minutes May 13,2003 Page 8 The proposed addition will not exceed the height limit allowed by right in the RL zoning district(30 feet)and will be constructed in a neighborhood developed with existing three- story dwellings. FINDINGS FOR APPROVAL -VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct 682 sq. ft. of third-story habitable space not designed within the confines of the roof volume will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical.zone classification. The project is proposed in a neighborhood which includes other existing dwellings with third-stories not designed within the confines of the second-story roof volume. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property's existing site and building conditions prohibit the design and construction of a third-floor addition that is compatible with the existing architecture and the surrounding neighborhood and in compliance with the zoning ordinance. Consequently, the subject property is deprived the privilege of constructing a third-story addition in a neighborhood developed with other existing three- story single-family dwellings. 3. The granting of the requested variance is necessary to preserve the enjoyment of one or more substantial property rights. The requested variance is necessary to allow an existing single-family dwelling to be expanded to a size and value comparable to other dwellings existing in the neighborhood: 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The requested variance will allow for construction of an addition to an existing single-family dwelling resulting in a positive impact on the value of the subject property and the surrounding neighborhood. The proposed third-story will be setback an adequate distance from side property lines to ensure no significant reduction in privacy on adjoining properties. CONDITIONS OF APPROVAL—COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO. 02-09: 1. The site plan, floor plans and elevations received and dated February 27, 2003, shall be the conceptually approved layout with the following modifications: a. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes, and similar items on the site plan and elevations. b. Obscure glass shall be used for the northwest third-floor window, adjacent to the bathroom. 2. Prior to submittal for building permits, the following shall be completed: a. 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. (03pan0513) AT, 1��C fllENT . PC Minutes May 13,2003 Page 9 b. All Fire Department requirements shall be noted on plans submitted for building permits. (FD) 3. Prior to issuance of building permits,the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City specification#426—Fire Safety Requirements for Construction Sites. (FD) b. Plans for an automatic fire sprinkler system shall be submitted to the Building & Safety Department for review and approval by the Fire Department as separate plans for permits. (FD) c. Shop drawings for a fire alarm system shall be submitted to the Building &Safety Department for review and approval by the Fire Department as separate plans for permits. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior homs and strobes, voice communication, and 24-hour central station monitoring. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contamination/pipelines, etc. shall be reported to the Fire Department immediately and the approved work plan modified accordingly. (FD) b. All applicable Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) S. The final building permit(s)cannot be approved until the following has been completed: a. An automatic fire sprinkler system shall be installed throughout in accordance with approved plans. (FD) b. A fire alarm system shall be installed in accordance with approved plans. (FD) c. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) d. A new sewer lateral shall be installed. (PW) e. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC)and Uniform Fire Code (UFC). The water service shall be a minimum of one inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards for domestic water service. (PM g. The existing domestic water service and meter shall be abandoned per Water Division standards. (PW) h. A 36-inch box tree or palm equivalent shall be planted in the front yard. (PW) i. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. (03po nM13) p A f , PC Minutes May 13.2003 Page 10 j. Building permits shall be obtained for the accessory structures constructed without permits or structures shall be demolished. k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 6. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/Variance No. 02-09 shall not become effective until the ten working day appeal period has elapsed. For projects in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/Variance No. 02-09 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Coastal Development Permit No. 02-21/Conditional Use Permit No. 02-40/Variance No. 02-09, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. All applicable fees from the Building & Safety, Public Works, and Fire Departments shall be paid prior to the issuance of Building Permits. 6. The applicant shall submit a check in the amount of$43.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. (03pa n0513) PC Minutes May 13,2003 Page 11 7. State-mandated school impact fees shall be paid prior to issuance of building permits. 8. An encroachment permit shall be required for all work within public the right-of-way. (PW) 9. Any proposed cantilevered deck, dock, and/or ramp improvements located in the public waterway shall require separate permits. C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MARCH 11, 2003 A MOTION WAS MADE BY BOHR, SECONDED BY DAVIS, TO APPROVE PLANNING COMMISSION MINUTES DATED MARCH 11, 2003,AS AMENDED, BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: $homaker MOTION PASSED C 2. PLANNING COMMISSION MINUTES DATED APRIL 8. 2003 A MOTION WAS MADE BY STANTON, SECONDED BY SHOMAKER, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 8,2003,AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS—None. E. PLANNING COMMISSION ITEMS 1. PLANNING COMMISSION COMMITTEE REPORTS—None. 2. PLANNING COMMISSION COMMENTS Commissioner Davis—Suggested that the Commission consider a Zoning Text Amendment for the 3 Story Ordinance. (03p=0513) ; y� A . e — ATTACHMENT 5 City of Huntington Beach Planning Department STAFF_ REPORT HUNnNGTON BEACH TO: Planning Commission FROM: Howard Zelefsky,Director of Planning BY: Ron Santos; Assistant Planner DATE: May 13, 2003 F5_ SUBJECT: APPEAL OF THE ZONING ADMINISTRATOR'S APPROVAL OF COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMIT NO. 02-40 AND DENIAL OF VARIANCE NO. 02-09 (Todd Residence) APPLICANT/ APPELANT: W. Gary Lamb, 320 Pine Avenue, #610, Long Beach, CA 90802 PROPERTY OWNER: Allen Todd, 16412 Ardsley Circle, Huntington Beach, CA 92649 LOCATION: 16412 Ardsley Circle (Huntington Harbour, south of Humboldt Drive, at the bulb of the cul-de-sac) STATEMENT OF ISSUE: e Coastal Development Permit No. 02-21 request: - To construct a first, second and third story addition to an existing single-family dwelling. Conditional Use Permit No. 02-40 request: To construct an addition to an existing single-family dwelling which includes third-story habitable area and a third-story deck. Variance No. 02-09 request: To construct a third-story addition to an existing single-family dwelling not designed within the confines of the roof volume. Staff s Recommendation: Deny Coastal Development Permit No. 02-21/ Conditional Use Permit No. 02-40 and Variance No. 02-09 based upon the following: - The proposed project does not conform with the requirements of the base zoning district. - The proposed project is incompatible with surrounding uses. - The granting of the requested variance would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under identical zone classification. - The requested variance is not necessary to preserve a substantial property right. - The granting of the variance will be materially detrimental to the public welfare or injurious to property in the same zone classification. AT TACH ENT . S'-/ LIJ Jim WSW= psi 0 mg �r r rr-r—Fxl 11 ��� � N s� •� Z o KIM= ,1 = i �� ��Ys taf♦�4� �tt1��r�y��; .,�y y P�h��.�ik yc'�T1 aF? � i•r N fdS ��� �,"��rr s "1, ,�,f• �t�" nt E,����, O t ` ; rr,h q�L4 •♦ e`^ yry t}E$f 1;x<%'p�v ,H.(a f 16, / av d "�tlt4�ci k ,�511 xs rrt f a� E t r Q ' � / � ��r�Y�,MI:f't'uFs r•-La^rid �r�vJJ��dLL�tT t� r UJ ��4,*,n a5 a�4�r f`�+ 9'"�' k.�i �rYy,�:� by 5 ! ' 11 dm�rn '• ` _ L Ufa #ryr ��°1 ` $,!' ..\ ' ,;,,. .+y� ',btr..'�N �. Fu21f CD aooa�in / a3�le Y rt4a� � aj9;{ r Ck"ft4 ir' h (� �t6u QI r ca di J *t4itiw�9 t �f y + if Vytb� f mw wh r�f�M�tx �.•r � V r O •ir tit a � 1 ds � di r 7v {he djEA w��h / v � dt`�s d s •� ,r of sy �'�d v amrM � 7E. �t�'�L�f+�, /�� nay C % din ~M' � � .✓f G tc3 ��"' � 4 �yh xr r3'xy�y 2 rl ad �. '� pCk{4A ! i paj a 1 niirY u� lw�Ff a J• r ! ra�tir4 'x'i y�S R.guy mg At i��iF4 it l/ 1) ! \/ \ r, l•\�`r 3•{I6V�f x ,5(sq ,, i "c//� `I �N rq�gdIV to Yti aFd�q 3{f.�. /ss.i• a RECOMMENDATION: Motion to: A. "Deny Coastal Development Permit No. 02-21, Conditional Use Permit No. 01-40, and Variance No. 02-09 with findings (Attachment No. 1);" ALTERNATIVE ACTION(§): The Planning Commission may take alternative actions such as: A. "Approve Coastal Development Permit No. 02-21, Conditional Use Permit No. 01-40, and Variance No. 02-09 with findings and suggested conditions of approval" (Applicant's Request) B. "Approve Coastal Development Permit No. 02-21 and Conditional Use Permit No. 01-40 with findings and suggested conditions of approval and Deny Variance No. 01-9 with findings for denial." (Zoning Administrator Action) C. "Continue Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 and Variance No. 02-09 and direct staff accordingly." PROJECT PROPOSAL: Coastal Development Permit No. 02-2 1/Conditional Use Permit No. 02-40 represents a request for the following: A. To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft. third-story deck pursuant to Chapter 245 — Coastal Development Permit and Chapter 210—Residential Districts of the Huntington Beach Zoning and Subdivision Ordinance (ZSO); and B. To construct 682 sq. ft. of habitable floor area and 171 sq. ft. of deck area above the second-story top plate line;pursuant to Section 210.06(M)—Height Requirements, of the ZSO. Variance No. 02-09 is requested for the following: A. To construct 682 sq. ft. of third story habitable space not designed within the confines of the roof volume, as required pursuant to Section 210.06(M)(d)—Height Requirements of the ZSO. The project site is located in a single-family residential district on Humboldt Island (Huntington Harbour). The subject property is approximately 6,000 s.f. and is currently developed with a two-story single-family dwelling. T'�R } N T av u . PC Staff Report 4122/03 -3- (03sr03) The proposed project consists of an addition to an existing single-family dwelling, summarized as follows: BUILDING AREA: EXISTING PROPOSED TOTAL DESCRIPTION FIRST FLOOR 1,306 296 1,682 'additional one-car garage; expanded living room, dining room and kitchen SECOND FLOOR 1,507 461 1,968 expansion of two bedrooms and two DECKS 468 151 317 bathrooms; new deck THIRD FLOOR 682 682 new 682 s.f family room and 171 s.f. deck DECKS 171 171 TOTALw/DECKS 3,281 1,459 4,820 The applicant requests approval of the request, as described above, with the intent to achieve the following: (Attachment No. 3) ■ highest use of the property ■ increase in property value to levels comparable to neighboring residences • improve architectural character of the street V ■ increase on-site parking capacity The applicant asserts that the variance is necessary for the following reasons (Attachment No. 5): ■ The shape of the lot limits normal house expansion options. ■ The proposed design creates a more pleasing architectural character. ■ An alternate two-story expansion would moving living area closer to the neighbor to the west and would remove existing trees and green space. BACKGROUND: The City adopted the ordinance that governs third-story design in 1992, on the recommendation of the Planning Commission, to address concerns over new third-story construction in Huntington Harbor. 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 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 (including the pending application) were received. Of the seven, four have been approved, one was withdrawn and two are pending. PC Staff Report 4/22/03 -4- P T A M A TE 6 ` ,(0NF N Zoning Administrator Action: The subject entitlements were considered by the Zoning Administrator at a public hearing on January 22, 2003. In addition to the entitlements currently pending Planning Commission review, the Zoning Administrator considered requests for the following: ■ Conditional Use Permit to construct an addition exceeding 30 feet in height; ■ Variance to construct a building wall exceeding 25 feet in height at a reduced rear yard setback; ■ Variance to construct a third-story deck not oriented toward the public right-of-way; ■ Variance to construct a third-floor deck projecting above the roofline—not set back a minimum of five feet from the building exterior. Testimony in support of the request was received from the applicant and the property owner. Testimony in opposition to the request, along with a letter(Attachment No. 6), was received from a Huntington Harbour property owner and resident. Prior to the hearing, letters in support of the requested entitlements were received from the owners of each adjacent property. Staff recommended denial of the request, on the basis that the project design did not comply with applicable provisions regarding third-story design, failed to meet the criteria for approval of a variance, and would have a detrimental impact to the privacy of adjoining property. The item was continued to the February 12, 2003 meeting, at the request of the applicant,with the public hearing open. At the February 12, 2003 meeting, staff presented the applicant's revised plans and amended request. The applicant excluded the items listed in bullet form above,but retained the request to allow construction of a third-story addition not within the confines of the second story roof volume. Staff recommended approval of Coastal Development Permit No. 02-21 and Conditional Use Permit No. 02-40, with a condition of approval requiring redesign of the third story to comply with the ordinance, and denial of Variance No. 02- 09. The applicant spoke in support of the request and stated a willingness to work with staff to achieve conformance with the recommended condition of approval and re-design the third story addition. No other public testimony was received. The Zoning Administrator approved Coastal Development Permit No. 02- 21 and Conditional Use Permit No. 02-40, with a condition of approval requiring redesign of the proposed third story addition. Variance No. 02-09—to allow construction of a third floor not within the confines of the second story roof volume,was denied. AFL The Zoning Administrator's approval of Coastal Development Permit No. 02-21, Conditional Use Permit No. 02-40 (with the condition of approval to re-design), and denial of Variance No. 02-09 was appealed to the Planning Commission by the applicant, for reasons cited in an appeal letter dated February 27, 2003 (Attachment No. 5). The reasons for the appeal are listed below: ■ The existing site and existing building conditions prohibit the design and construction of a third-floor addition that is both compatible with the existing architecture and the surrounding neighborhood while being completely in compliance with applicable code requirements. I MI ��� �4l E am' PC Staff Report 4/22/03 -5- `j ;.O_ k r 'u �, (03s 03) ■ The submitted design satisfies the intent of the ordinance in that the design appears integrated and complementary to the existing architecture rather than over-scaled and incompatible. ■ The aesthetic qualities of the proposed design related to the unique site and unique existing architecture must be taken into consideration in the evaluation of the design's intent to address the underlying considerations behind the development of the ordinance. Since the approval of the entitlements and the appeal, staff and the applicant have met and reviewed design alternatives to comply with the condition of approval. To date,the design alternatives have not complied with the intent of the ordinance and the condition of approval. ISSUES: Subiect Property And Surrounding Land Use, Zoning And General Play: Designations: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: Residential Low Density Residential Low Density— Single-Family Coastal Zone Residential North,East and West Residential Low Density Residential Low Density— Single-Family of Subject Property Coastal Zone Residential South of Subject Open Space—Water Open Space—Water Navigable waterway Property: Recreation Sub-district (Huntington Harbor) General Plan Conformance: The General Plan Land Use Map designation on the subject property is Residential Low Density. The proposed project features a third-story design which is inconsistent with the goals and objectives of the City's General Plan for single-family residential districts, including the following: A. Land Use Element Objective 9.2: Provide for the preservation of existing residential neighborhoods. 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 use of building heights, grade elevations, orientation and bulk that is compatible with the surrounding development B. Coastal Element Objective C 1.1: Ensure that adverse impacts associated with coastal zone developments are mitigated or minimized to the greatest extend feasible. Implementation Program I-C 2: The principal method for implementation of the Coastal Element is the ZSO, and the design and development standards contained therein. Accordingly,projects which do not comply with ZSO standards, and which do not meet criteria for approval of a variance, are inconsistent with the Coastal Element of the General Plan. PC Staff Report 4/22/03 -6- (03sr03) Zoning Compliance: This project is located in the Residential Low-Density—Coastal Zone and complies with the requirements of that zone,with the exception of the design of the third-story addition (variancerequest). The following is a zoning conf6rmance matrix which compares the proposed project with the development standards of the Residential Low-Density zone: SECTION ISSUE CODE PROVISION PROPOSED 210.06 Lot Area Min. 6,000 sq. ft. 6,000 nets . ft. Lot Width Min. 60 ft. 71 ft. Density 1 unit/6,000 sq. ft. net lot area Max. 1 unit 1 unit D, R Setbacks E, F Front Ardsle Cir. Min. 15 ft. res./20 ft. garage 20 ft./20 ft. G; I, J Side west/east PL) Min. 5 ft. 5 ft.—2 in./ 5 ft.- 10 in. (I, J) Rear water) Min. 10 ft. 11 ft. - 9 in. (M) BuiIding Height Max. 35 ft. from top of 30 ft. from top of subfloor subfloor to roof peak to roof peak Habitable area above the Does not comply* second story top plate shall be within the confines of the roof volume. V) Lot Coverage Max 50% 3,000 sq. ft. 46% 2,774 sq. ft. 231.04.B Off-Street Parking - Min. 4 spaces 6 total spaces as follows: Number 2 enclosed 3 enclosed (garage) 2 open 3 open (driveway) 232.08.B. Landscaping Min. 40%of front yard 289 sq. ft. setback(698 sq. ft.) =279 1 36"box tree 230.88 Fences & Walls Max. 6 ft. tall within side and 8 to 10 ft. tall alongside rear setback PL Max. 42 in. tall within front 3 ft., tall within front setback setback(existing) *Variance request 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 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. PC Staff Report 4/22/03 -7- (03sr03) Coastal Status: The proposed project is located within an appealable area of the Coastal Zone. Coastal Development Permit No. 02-21 is being processed concurrently with Conditional Use Permit No. 02-40 and Variance No. 02-09, pursuant to Chapter 245 of the ZSO, which serves as the implementation program for the Local Coastal Program. As noted above, the proposed project does not comply ZSO standards for third story design, and as a consequence, is inconsistent with the Local Coastal Program. Redevelopment Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Public Works, Fire and Building and Safety have reviewed the proposed project and recommended conditions which may be incorporated into conditions of approval. Public Notification: Legal notice was published in the Huntington Beach/Fountain Valley Independent on May 1, 2003 and notices were sent to property owners of record within a 300 ft. radius of the subject property, individuals/organizations requesting notification(Planning Department's Notification Matrix), applicant and interested parties. As of May 5, 2003,no additional communication supporting or opposing the appeal has been received. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): December 19, 200�2 March 27, 2003 The project was heard by the Zoning Administrator on January 22, 2003, which complies with the State of . California Planning, Zoning, and Development Laws relative to mandatory processing times. ANALYSIS: Design: and Compatibility The issue of design and cot ipatibility centers on the proposed third-story addition and its consistency or inconsistency with the ordinance and the project's compatibility with the character of the existing single- family residential neighborhood. As proposed, the third-story habitable space is not designed within the second-story roof volume. The proposed third-story roof is detached and distinct from the second-story roof and therefore the habitable space does not reflect a two-story design. The proposal also does not setback the addition a minimum of five feet from the second-story exterior walls (at the rear of the dwelling) and therefore does not provide PC Staff Report 4/22/03 -8- (03sr03) the desired design. In addition, the third-story windows are not oriented toward the public right-of-way and are in direct conflict with the ordinance. The orientation of the windows has the potential to impact the privacy of the adjacent neighbors because of their position overlooking the adjoining properties. Staff has attached an example of a third-story design that complies with the requirements of the ordinance and an example of a dormer window (See Attachment Nos. 8 & 7). I Although numerous dwellings have been constructed in Huntington Harbor with third-story habitable space,the design of these dwellings comply with the intent of the applicable ordinance. Exceptions include those dwellings constructed prior to 1992 and the adoption of the current third story design requirements. With the exception of the third-story however, the proposed additions comply with applicable ZSO standards, including minimum setbacks, maximum height and maximum lot coverage. Staff does not support the proposed third-story addition because the design does not comply with the applicable ordinance and is incompatible with the surrounding neighborhood. Specifically, the proposed third-story addition is not designed within the confines of the roof volume, is not setback a minimum of five-feet from the second-story exterior walls (at the rear of the dwelling), and features third-story windows that are oriented towards adjacent properties and not oriented toward the public right-of-way. Variance Request In order to approve the requested variance, the Planning Commission must make certain required findings. The findings are that granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights, and because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Finally, the ZSO requires a finding that the granting of the variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and under identical zone classification. As noted above, third-story construction is not identified in the ZSO as a substantial property right. Instead, the ZSO requires approval of a conditional use permit for any third-story habitable space. In addition, although the lot is irregularly shaped, staff does not believe that the shape of the lot or other features of the subject property present special circumstances which relate to the design of the roof of the proposed addition. Also, as noted above, since 1992, the City has processed and approved numerous entitlements for third-story habitable space designed in accordance with ZSO standards. Approval of the requested variance would be inconsistent with the limitations placed on other properties in the vicinity and under identical zone classification. Basis For Appeal The applicant asserts in his appeal letter that existing site and building conditions prohibit design and construction of a third-story that is both compatible with the existing architecture and in conformance with applicable code requirements; and that the submitted design satisfies the intent of the third-story ordinance. Staff acknowledges that in some instances, the requirements may limit or even preclude construction of a third-story. However, the third-story standards were drafted with the expressed purpose of limiting the design to be compatible with the one and two story character of the neighborhood. A variance is an appropriate remedy only when the required findings can be made. As noted above, staff does not believe the criteria for approval of a variance is met in this case. PC Staff Report 4/22/03 -9- (03sr03) far' ' � . 5�R Additionally, staff does not concur with the assertion made by the applicant that the project's design complies with the intent of the ordinance. The ordinance provides specific criteria for approval of third- story projects; criteria intended to maintain the appearance of two-story construction in single-family residential zones. The criteria specifically states that third-stories be designed within the volume of the second-story roof volume. The proposed addition does not comply with this standard or the broader objective of maintaining a two-story character. In summary, staff is recommending denial of the request,based on the project's lack of compliance with applicable code requirements and lack of compatibility with the surrounding neighborhood. Additionally, the proposed project does not meet the required criteria for approval of the requested variance. ATTACHMENTS: 1. Suggested Findings for Denial 2. Site Plan, Floor Plans and Elevations_received and dated February 27, 2003 3. Project Narrative dated July 15, 2002. 4. Minutes of Zoning Administrator Meetings dated January 22, 2003 and February 12, 2003. 5. Appeal letter dated February 27, 2002. 6. Letters in Opposition and/or Support 7. HBZSO Section 210.06(M) 8. Building elevation example included with HBZSO Section 210.06(M) code amendment staff report SH:HF:RS:rl PC Staff Report 4/22/03 -10- (03sr03) ATTACHMENT NO. 1 SUGGESTED FINDINGS COASTAL DEVELOPMENT PERMIT NO. 02-21 CONDITIONAL USE PERMIT NO. 02-40 VARIANCE NO. 02-09 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Planning Commission 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 to an existing single- family dwelling, resulting in an increase in floor area of less than 50 percent. SUGGESTED FINDINGS FOR DENIAL - COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,690 sq. ft., including a 171 sq. ft. third story deck, does not conform with the General Plan, including the Local Coastal Program. The proposed third-story is not designed within the second-story roof volume, is not setback a minimum of five-feet from the second-story exterior walls (at the rear of the dwelling), and features third-story windows which are not oriented toward the public right-of-way, as required by the ZSO. The principal method for implementation of the Local Coastal Program is the ZSO, and the design-and development standards contained therein. The proposed project does not comply with applicable ZSO standards, does not meet criteria for approval of a variance, and-is therefore inconsistent with the Coastal Element of the General Plan. 2. The project is inconsistent with the requirements of the base zoning district for design of third story habitable space. Specifically, the proposed third-story is not designed within the second-story roof volume, is not setback a minimum of five-feet from the second-story exterior walls (at the rear of the dwelling), and features third-story windows which are not oriented toward the public right-of-way as required by the ZSO for projects within the Residential Low-Density zoning district. SUGGESTED FINDINGS FOR DENIAL- CONDITIONAL USE PERMIT NO. 02-40: 1. Conditional Use Permit No. 02-40 to construct 682 sq. ft. of habitable floor area and 171 sq. ft. of deck area above the second-story top plate line will be detrimental to the general welfare of persons residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood. The design of individual dwellings collectively play a significant role in projecting the character and quality of the neighborhood as a whole,which in turn directly affects the value of property within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low-Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition,the proposed addition features third-story windows which are not oriented toward the public right-of-way, as (03sr03) 1 • required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. 2. The conditional use permit will be incompatible with surrounding uses because the project does not conform with design standards for third-story construction intended to ensure the compatibility of new development with existing and future development in the vicinity and under identical zone classification, Specifically, the proposed third-story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that(a) third-story habitable space be designed within the second-story roof volume; (b)third-story windows orient toward the public right- of-way only; and (c) third-floor habitable space setback a minimum of five feet from the second-story facade. Consequently, the proposed addition appears as a true third-story and is incompatible with the two-story character established as the standard for the neighborhood. 3. The proposed Conditional Use Permit No. 02-40 does not comply with applicable provisions of the Huntington Beach Zoning and Subdivision for the base district with respect to design standards for third-story construction. Specifically, the proposed third-story addition does not comply with Huntington Beach Zoning and Subdivision Ordinance standards which require that(a) third-story habitable space be designed within the second-story roof volume; (b) third-story windows orient toward the public right-of-way only; and (c) third-floor habitable space setback a minimum of five feet from the second-story facade. 4. The granting of the conditional use permit will adversely affect the General Plan. It is inconsistent with the following goals and policies of the General Plan Land Use Element and Coastal Element: Land Use Element Obiective 9.2: Provide for-the preservation of existing residential neighborhoods. 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 use of building heights, grade elevations, orientation and bulk that is compatible with the surrounding development Coastal Element Obiective C 1.1: Ensure that adverse impacts associated with coastal zone developments are mitigated or minimized to the greatest extend feasible. The project is proposed in a neighborhood which the City has determined shall be preserved by means of design standards which limit third-story construction and which maintain the character of one and two-story construction. The proposed addition is designed with an apparent third-story and therefore does not serve to preserve the character of the existing neighborhood. The principal method for implementation of the Coastal Element is the Huntington Beach Zoning& Subdivision Ordinance, and the design and development standards contained therein. Accordingly, projects which do not comply with HBZSO standards, and which do not meet criteria for approval of a variance, are inconsistent with the Coastal Element of the General Plan. (03sr03) Atizck+ at�1�1.2 ENT . IS SUGGESTED FINDINGS FOR DENIAL - VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct 682 sq. ft. of third-story habitable space not designed within the confines of the roof volume would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The City has reviewed and approved numerous applications for entitlements to construct third-story habitable space since 1992 which were required to comply with the Huntington Beach Zoning& Subdivision Ordinance standards for third-story design. 2. The subject property does not exhibit special circumstances including the size, shape, topography, location or surroundings which, when subject to the strict application of the zoning ordinance, deprives the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is standard size for the RL district, has a level topography and is not uniquely located. The property's irregular shape does not serve to deprive it of the privilege to construct third-story habitable space in conformance with applicable code requirements, since the design of the'roof is not affected by the shape of the lot. 3. The granting of a variance is not necessary to preserve the enjoyment of one or more substantial property rights. The variance is requested to allow construction of third-story habitable space not within the confines of the second-story roof volume. Third-story habitable space is not identified in the ZSO as a substantial property right in the RL zone. Third-stories are permitted only at the discretion of the Zoning Administrator, Planning Commission or City Council. 4. The granting of the requested variance-will be materially detrimental to the public welfare or injurious to property in the same zone classification.. The design of individual dwellings collectively play a significant role in projecting the character.and quality of the.neighborhood as a whole, which in turn directly affects the.value of property-within the neighborhood and the general welfare of those residing in the vicinity. The City has determined that dwellings in the Residential Low-Density zoning district shall exhibit a design and character consistent with two-story construction. The proposed third-story addition is not confined within the second-story roof volume, and therefore appears as a true third story, inconsistent with the two-story character established as the standard for the neighborhood. In addition, the proposed addition features third-story windows which are not oriented toward the public right-of-way, as required by the Huntington Beach Zoning & Subdivision Ordinance, and which negatively impact the privacy on adjacent properties. (03 sr03) . .3 ATTE 'LC' MENTtl . _ 13 FEB 2 7 7.011 i E.•a,w 1 ... . _.._.._....._-)=��-_-_-----._.....__. __._._r-�-- ....- - ,_ .._ . ,,.,_._ .__-<•--------. TO D D RESIDENCE _. ...__...... ....._......... _ INT c�IOR REMODEL d ROOMADDITION ems=" jj _ 4 - 16421 ARDSLEY CIRCLE '! ; NU�'TINGTON BEACH, CALIFORNIA 92649 My LU —TVrrmxecr Laurwi en.c[a ].F'CR• ).eraa'•.grtE !4 w. PPDEGT ceecwrtio5 _.11 % i� `c.Io •.-E[',sa¢w-t\o rD•c•. • gyp. d ' \ ��j/� ...a•.ue -C�.at":E�:i C eca�-�^-•='•. S i=rrwaw..-• 1 �f✓li%fir \\\\\• fy- - _-c Eo-a c•era.�a ca-c.T. SITE 4324342 f _ c --r `•�.. - T _-•G•.C.%�_C0.•. FCR_�YF_ S.i^.e_Et C'[,LE .• .. •.\\ �_�•�' 6_ Cv___fG4:'i •. VICINITY MAP .�:,. � � � ..•tea_—h=Lae meet e- / y mLOW care? . ypS J ]txn Gavif .v�esmnPara'xi rarx,Elx _ T� 7 .' / i / ocorA)c.a...eawruTiw. ARc]e1CGT ..--- T J \�� s� �, % r. yaw m•c--c PROJECT CCWTACTS a YZ. _D t- e7C:9 is- -"w AACKW.G w� J O. MAw^LOT covew,cf"eae) _ _'.... .c.•. _. _ � � c..'-� Z / ARDSLEY CIRCA w W + �`�C\,�� -..a.r., •>c:rtes ar_r_ej_...b�sa. _.r..n).c i-.. ._ �WQ�IL .�._' ....... .. . ... . .._.... ..r..x_r..r..w..r....-. �TEr.�cTrra)o= ' y m 1/sSE�t� r AM..ARDSL'J !Y ` i%: .'•':�...—w.ww..we ;MMDNG ATE& . • ! ARDSLET CIRCLE ! (�-.y.%:.' ...'. O�TILL rvy�1, I SOC)RcFT`]ATELT EkIDTOO..... NM TOrAL W mAFrFROX <• { 1 aIYVYYY CT FLOCK 'i4i 5` 'e]5•. XRD KGOR — sm. A-1 SITE PLAN PROJECT DATA SHEET INDEX eE. t r hT raw _ ff i / w ! AN-1 !: u. P. Rri raw =T. — --<E<WI�aK _` �,n � �y<fi.eLE'1<�.� tr^R•.• �. �'� EXISTING 15T FLOOR PLAN ■ 3 PROPOSED IST FLOOR PLAN . I :.r..• row• .-a p aml 1 - 7 _ . Q•� ;sews i aan °' T a '..'.--:r--------- - .... l L9tl •. tSQi :1 _ , u .... ear. 1 �.. EXISTING 2ND FLOOR PLAN < ■4i PROPOSED 2ND FLOOR PLAN ■ Z — i •y r .•ar jl p i -_- -- -L FL, .: 1 ------.__.--- ® SOUTHEAST-NORTHWEST SEGTfON f Dr I —r i _ I .IGG:.. .... ..,III PROP05ED 3RD FLOOR PLAN • 2 !� ��...�:.- - k'"�. 'f..._ ! u <_ y j r I iY- i a !�• ST S EGTI �I B NORTHEAST WE r tl4 — I b -, �i { e�_ { ;.� .emu •i j o. 1�I Ii. _._. .• ,y tea. �•-:<� -!< *• V W�u� .._ ego°W r� NORTHEAST-SOUTHWEST SECTION - a A-3 PROPOSED R A-AN _ ■ 3 Fil. b SEGTfON5 - • F• Q ...............E•..r.c,.4.Ors ..� r... ,ao E _ � ____ w- F.�•_G .-r°rr- a-- :;: �•~'��- tir_� r� - �-�//.d. la w •Rt .. .. •.aF ` .. I Ll EXISTING NORTH-WEST ELEVATION • 5 PROPOSED NORTH-UIEST ELEVATION I - err•w [ r1G i E.+•r., ....._... _,.... i .,gyp ' '.I j EXISTING NORTH-EAST ELEVATION •-_ •Co PROP05ED NORTH-EAST ELEVATION - _ • 2 " .ems •— ._ ��+' , -. ......_ ---1—'----• � ...... ._... _.. .. ... -._...... ,x-a . 1 1r. Timm, Mo 5TING SOUTH-EAST ELEVATION . • ■ 1 PROPOSED SOUTH-EAST ELEVATION ■ 3 a IV Ulf a y V J0� _.._.....E.,:b A-4 EXISTING SOUTH-WEST ELEVATION, . •8 PROPOSED SOUTH-WEST ELEVATION ■ 4 - �0 ARCHITECTURE INTERIOR DESIGN i July 15, 2002 i Project Address 16412 Ardsley Circle, Huntington Beach Applicant's Name Allen Todd Project Description: i 1. General: Expand existing dwelling at rear of property under existing eaves and deck. Remodel and reconfigure front entry and garages. Add third level family room. I Existing Floor Area: 3,264 SF I Proposed New Added Floor Area: 1,164 SF Proposed Total Floor Area: 4,428 SF I _ 2. Reasons for Application: I Highest use of property, increase of property value, and precedents for approvals in surrounding neighborhood. 3. Surrounding Uses: i All adjacent areas are residential lots fronting on Huntington Harbor. I 4. Hazards: I The project is OT located within a hazardous waste and sustance site. AA I W. OdrrLamb, Architect Proposed Findings: 1. Exceptional Circumstances: I The pie-shaped lot limits normal house expansion options. i Expansion on the lot towards the west would restrict or cut off acrp: . *c ti;:; i•. due to the corners created from the pie-s`iaped lot. 2. Proposed Project Does Not Grant Special Privilege: f The same variance has been granted to most of the three-story houses in the area,including for two of the residences on the portion of the street in question. The proposed design satisfies the intent of the ordinance requirements and creates a much more pleasing architectural character that strict adherence to the ordinance. The proposed design very-closely satisfies the requirements of the ordinance from the street W is 5E2 =2.==4= I Th .; _ i , '�� ' ..L562.432.4342 { � :t ..:i7 i-i ti"'fl..�r s-.a'kd �' �'i -.ru _4.'^=;��5"�}J':,; '�hF �,Ey��•a{..:1g*.:'_dtit.•<:__ a a '4- Y r_ - `•tr 16412 Ardsley Circle, Huntington Beach, CA July 15, 2002 Page 2 I (public) side. The proposed height is several feet lower than allowed by zoning ordinance. The tallest vertical wall is proposed to be 25'-6", only 6" more than allowed. 3. Preservation and enjoyment of rights: Several residences in the neighborhood have been expanded to three stories. The proposed design brings the subject residence to a level similar to the several neighboring houses. The upgrading of the house is necessary to keep the value and amenities of the house similar to the neighboring residences and comparable to the lot value. An alternate two-story expansion of the house would move living area much closer to the neighbor to the west and would remove existing trees and green space between the residences. The alternate two-story expansion would reduce open-land area and reduce the interception and percolation of storm runoff, thereby putting more direct rain water runoff into the bay. 4. Not materially detrimental to Public Welfare: The project does not materially impact the view of the water for any adjacent neighbors. The project does not impact the view of the water from the street. The project does enhance and improve the seismic, plumbing and electrical integrity of the residence. The project does improve driveway drainage for the adjacent neighbor. The project does improve the architectural character of the street. The project does improve property values of other houses on the street. The project increases the available on-site pe-king areas. The project has no known negative impacts. Submitted by: W. Gary Lamb, AIA Interstices, Inc. •� `.�,:Eff' MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beachi California 55 WEDNESDAY. JANUARY 22. 2003 - 1:30 P.M. ZONING ADMIIVISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann (recording secretary) MINUTES: December 18, 2002 APPROVED AS SUBMITTED ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40NARIANCE NO. 02-09 (TODD RESIDENCE): APPLICANT: W. Gary Lamb, 320 Pine Avenue, #610, Long Beach, CA 90802 PROPERTY OWNER: Allen Todd, 16412 Ardsley Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,600 sq. t. CUP: To construct an addition to an existing single-family dwelling with (a) 696 sq. ft. of habitable floor area and a 253 sq. ft. deck above the second-story top plate line; and (b) to construct an addition to an existing single-family dwelling exceeding 30 ft. in height (31 ft.); VAR: To construct (a) 696 sq. ft. of third floor habitable space not designed within the confines of the roof volume; (b) a building wall exceeding 25 ft. in height (25 ft.-8 in.) at an 11- ft. a ir.. rear yard setback, in lieu of 3-ft.; (c) a 253 sq. ft. deck above the 2°d story top plate not oriented toward the public right- of-way; (d) a 253 sq. ft. deck projection above the roof line not set back a minimum of five ft. from the building exterior. LOCATION: 16412 Ardsley Circle (south of Humboldt Drive, at the bulb of the cul-de-sac) PROJECT PLANNER: Ron Santos Tr P "" T Ron Santos, Staff Planner, displayed project plans, elevations, and photographs stating the purpose, location, zoning, and existing uses of the requested project. Staff presented a review of the proposed project and reasons for the suggested findings for denial. Staff presented a history of the development of the code governing the proposed project. Staff stated that the project as proposed does not meet the intent of the City'.s code. Staff recommended denial of the proposed project based upon the suggested findings for denial as outlined in the staff report. Two letters of support were received from neighboring property owners based upon previously submitted plans. One telephone call was received opposing the proposed project. No other written or verbal comments were received in response to the public notification. Staff presented revised plans submitted by the applicant. Staff expressed concerns because of inaccuracies in the revised plans. THE PUBLIC HEARING WAS OPENED. W. Gary Lamb, 320 Pine Avenue, 9610, Long Beach, applicant, addressed staffs concerns and suggested changes to the plans. Carol Garrett, 17163 Roundhill Drive, stated that she is a Huntington Harbor property owner but not in close proximity to the proposed project. Ms. Garrett presented a letter and spoke in opposition to the proposed project stating that the project is bounded by CC&Rs. Allen Todd, 16412 Ardsley Circle, property owner, addressed staffs concerns related to the setbacks and third-story deck. Mr. Todd stated that the Huntington Harbour Property Owners' Association(HHPOA) has approved the proposed plans. He urged the Zoning Administrator's approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mary Beth Broeren, Zoning Administrator, confirmed with staff that a letter of approval has been received from the HHPOA and that the proposed project is not subject to the Infill Lot Ordinance. Discussion ensued concerning the variance. Ms. Broeren stated that project plans are evaluated by the code. She concurred with staffs analysis that there are no grounds in which to support the request because of the many deviations from the code. Ms. Broeren stated that the plans as proposed create a constraint on the adjacent property owner's right to enjoyment of property. She stated that approval of the proposed project would also affect the privacy of future add-ons to the adjacent property. t ZA Minutes 01/22/03 2 (03am0122) Ms. Broeren stated that she was going to deny the request and explained the appeal process. She stated a willingness to continue the request thereby allowing the applicant adequate time to work with staff and revise the plans. Ms. Broeren advised that substantial revisions to the plans would have to be done in order to conform to the intent of the City's code. A general discussion ensued and the applicant agreed to a three-week continuance. Ms. Broeren stated that because the plans will be revised, the item is continued with the public .hearing open. -.. ASTAi_ "'V'_... "' .A,.NT)PERMIT NO. 02-21/CONDITIONAI,U; ; PER1V 71 N0. 02-40;`°.':iRIA1S1_­:E lei"O. U2 �9 WERE CONTINUED TO THE FEBRUARY "i2. -,,jS MEETING WITH THE PUBLIC HEARING OPEN. THE MEETING WAS ADJOURNED AT 2:00 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 29, 2003 AT 1:30 PM. t�- Mary Beth Broeren Zoning Administrator :rmk 1-t MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-8 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 12, 2003 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Ron Santos, Paul Da Veiga, Ramona Kohlmann(recording secretary) MINUTES: NONE ORAL COMMUNICATION: NONE ITEM 1: COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40/VARIANCE NO.02-09 (TODD RESIDENCE—CONTINUED FROM THE JANUARY 22, 2003 MEETING WITH THE PUBLIC HEARING OPEN): APPLICANT: W. Gary Lamb, 320 Pine Avenue, #610, Long Beach, CA 90802 PROPERTY OWNER: Allen Todd, 16412 Ardsley Circle, Huntington Beach, CA 92649 REQUEST: CDP: To construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft. CUP: To construct an addition to an existing single-family dwelling with (a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second-story top plate line and; VAR: To construct(a) 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume. LOCATION: 16412 Ardsley Circle (south of Humboldt Drive, at the bulb of the cul-de-sac) PROJECT PLANNER: Ron Santos Ron Santos, Staff Planner, displayed project plans and photographs stating the purpose, location, zoning, and existing uses of the proposed project. Staff stated that the item was continued from the January 22, 2003 meeting in order to allow the applicant sufficient time to present revised plans. .��23 Staff presented a review of the revised plans and recommended the following: • Approval of the coastal development permit and the conditional use permit based upon revised findings for approval. • Denial of the variance based upon the findings as outlined in the staff report. Staff stated that a copy of the revised findings and conditions of approval has been given to the applicant. I THE PUBLIC HEARING WAS OPENED. W. Gary Lamb, 320 Pine Avenue, 4610, Long Beach, applicant, stated a willingness to work with staff in order to achieve the Planning Department's requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she agrees with staff s assessment and the findings for denial of the variance. She stated that she was going to approve the coastal development permit and the conditional use permit with the condition that the proposed third floor shall be designed within the confines of the roof volume. COASTAL DEVELOPMENT PERMIT NO. 02-21/CONDITIONAL USE PERMIT NO. 02-40 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING MODIFIED FINDINGS AND CONDITIONS OF APPROVAL. VARIANCE NO. 02-09 WAS DENIED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS FOR DENIAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: 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 to an existing single-family dwelling. FINDINGS FOR APPROVAL- COASTAL DEVELOPMENT PERMIT NO. 02-21: 1. Coastal Development Permit No. 02-21 to construct a first, second and third floor addition to an existing single-family dwelling totaling approximately 1,519 sq. ft., as conditioned, conforms with the General Plan and Local Coastal Program Land Use designation of 512J4 ZA Minutes 2/12/03 2 (03=0212) • • Residential Low-Density. The proposed project is consistent with Coastal Element Land Use Policy C 1.1.1 to encourage new development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed dwelling will be located on a previously developed site, contiguous to existing residential development. 2. The project is consistent with the requirements of the CZ Overlay District, the Residential Low-Density base zoning district, as well as other applicable provisions of the Municipal Code. The project, as conditioned, complies with all applicable development regulations, including maximum building height, minimum yard setbacks, maximum site coverage and minimum on-site parking, and is consistent with the City's Urban Design Guidelines. 3. At the time of occupancy the proposed development can be provided with infrastructure and services in a manner that is consistent with the Local Coastal Program. The proposed dwelling will be constructed on a previously developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer and roads. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The project will not impede public access or impact public views to.coastal resources. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 02-40: 1. Conditional Use Permit No. 02-40 to construct an addition to an existing single-family dwelling with(a) 682 sq. ft. of habitable floor area and a 171 sq. ft. deck above the second- story top plate line, 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 proposed dwelling will be constructed in single-family residential neighborhood predominantly developed with two and three story homes of comparable height and value. Conditions of approval requiring the proposed third floor to be redesigned within the volume of the roof will ensure compatibility with the surrounding neighborhood. 2. The conditional use permit will be compatible with surrounding uses, since the design, materials, height, size and massing of the proposed dwelling, as conditioned to require the proposed third floor to be redesigned within the volume of the roof, will be comparable with other dwellings existing in the surrounding neighborhood 3. The proposed project, as conditioned, 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, and minimum yard setbacks. 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-7 (Residential Low-Density—7 units ZA Minutes 2/12/03 3 (03=0212) per acre maximum) 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.lb: 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. Conditional Use Permit No. 02-40 requires that the proposed third floor addition be re- designed within the confines of the roof volume to ensure compatibility with the surrounding neighborhood. Moreover, the proposed addition will not exceed the height limit allowed by right in the RL district (30 feet), and will provide the additional setback required for third floor decks. FINDINGS FOR DENIAL- VARIANCE NO. 02-09: 1. The granting of Variance No. 02-09 to construct (a) 682 sq. ft. of third floor habitable space not designed within the confines of the roof volume would constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. The granting of the variances will be materially detrimental to the public welfare or injurious to property in the same zone classification. The requested variance would allow for construction of an addition designed inconsistently with the desired character of the neighborhood. CONDITIONS OF APPROVAL—COASTAL DEVELOPMENT PERMIT NO. 02-21/ CONDITIONAL USE PERMUT NO. 02-40: 1. The site plan, floor plans.and elevations received and dated February 5, 2003, shall be the conceptually approved layout with the following modifications: a. The proposed third floor shall be designed within the confines of the roof volume. b. Depict the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes, and similar items on the site plan and elevations. 2. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 to the Planning Department for review and approval and inclusion in the entitlement file. b. 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 5,26 ZA Minutes 2/12/03 4 (03=0212) (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. c. All Fire Department requirements shall be noted on the building plans. (FD) 3. Prior to issuance of building permits, the following shall be completed: a. To maintain required emergency access and site safety during project construction phases, submit a Fire Protection Plan in compliance with City specification#426—Fire Safety Requirements for Construction Sites. (FD) b. For Fire Department approval, plans for an automatic fire sprinkler system shall be submitted to the Building& Safety Department as separate plans for permits. (FD) c. For Fire Department approval, shop drawings for a fire alarm system shall be submitted to the Building& Safety Department as separate plans for permits. The system shall provide water flow, tamper and trouble alarms, manual pull stations, interior and exterior homs and strobes, voice communication, and 24-hour central station monitoring. (FD) 4. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Discovery of any contamination/pipelines, etc. must be reported to the Fire Department immediately and the approved workplan modified accordingly. (FD) b. All applicable Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (Code Requirement) 5. The final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. An automatic fire sprinkler system shall be installed throughout in accordance with approved plans. (FD) b. An fire alarm system shall be installed in accordance with approved plans. (FD) c. Address numbers shall be installed on structures to comply with Fire Department City Specification 428. (FD) d. A new sewer lateral shall be installed. (PW) e. A new domestic water service and meter shall be installed per Water Division standards, and sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC). The water service shall be a minimum of one inch in size. (PW) f. A separate backflow protection device shall be installed, per Water Division standards for domestic water service. (PW) 5�21 ZAMinutes 2/12/03 5 (03zm0212)