PLANNING COMMISSION STAFF REPORT
TO: Planning Commission
FROM: Jennifer Villasenor, Director of Community Development
BY: Joanna Cortez, Principal Planner
SUBJECT:
title
APPEAL OF THE ZONING ADMINISTRATOR’S APPROVAL OF CONDITIONAL USE PERMIT NO. 23-019 AND COASTAL DEVELOPMENT PERMIT NO. 23-007 (PHAN RESIDENCE)
REQUEST:
To demolish an existing two-story single-family residence and construct a 7,930 sq. ft. three-story single-family residence with a 725 sq. ft. three-car garage, 439 sq. ft. of second story balconies, and 652 sq. ft. of third story balconies at an overall height of 30 feet.
LOCATION:
3798 Mistral Drive, 92649 (southeast corner of Mistral Dr. and Wanderer Ln.)
body
APPELLANT:
Mayor Pro Tem Pat Burns
APPLICANT:
Baray Karim, 15375 Barranca Pkwy., Suite B-106, Irvine, CA 92618
PROPERTY
OWNER:
Nancy Ngo, 3798 Mistral Dr., Huntington Beach, CA 92649
In considering this request, the Planning Commission may either uphold the Zoning Administrator decision (with or without modifications) or take an alternative action.
ZONING ADMINISTRATOR ACTION:
recommendation
A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303, Class 3; and
B) Approve Conditional Use Permit No. 23-019 and Coastal Development Permit No. 23-007 with suggested findings and conditions of approval (Attachment No. 1)
end
ALTERNATIVE ACTION(S):
A) Do not make the suggested findings, which will result in a mandatory denial per Section 241.10(C) and Section 245.30 of the Huntington Beach Zoning and Subdivision Ordinance; or
B) Continue Conditional Use Permit No. 23-019 and Coastal Development Permit No. 23-007 and direct staff accordingly.
PROJECT PROPOSAL:
The project includes the following requests: Conditional Use Permit (CUP) No. 23-019/Coastal Development Permit (CDP) No. 23-007 - To demolish an existing two-story single-family residence and construct a 7,930 sq. ft. three-story single-family residence within the Huntington Harbour. The residence will include a 725 sq. ft. three-car garage along with 439 sq. ft. of balconies on the second floor and 652 sq. ft. of balconies on the third floor. The new home will have a mansard style roof and is proposed at an overall height of 30 feet (Attachment No. 2)
Zoning Administrator Action:
A public hearing before the Zoning Administrator (ZA) was held on June 5, 2024. Prior to the hearing, staff received 20 written comment letters on this item expressing opposition to the overall size/massing of the proposed residence and its incompatibility with the neighborhood. Some residents cited that the CC&Rs established during the construction of the tract did not permit three-story homes. Other comments cited concerns that upon completion, the property would operate as a sober living facility (Attachment No. 6). 21 residents were present to speak at the ZA meeting and commented on the aforementioned items. They also stated that the proposed non-waterfront home was designed to match the larger waterfront homes and was not compatible to the smaller non-waterfront homes. Others were concerned that the load of the house would create soil and flooding issues. The applicant, Baray Karim, and the property owner’s husband, Bradley Pham, were present and answered questions. Staff explained that the project was in compliance with all minimum development standards for the RL (Residential Low Density) zoning designation, including maximum height, lot coverage, and building setbacks and that the code did not make any distinctions between waterfront properties and inland properties. Additionally, the proposed conceptual plans had been routed to the Public Works Department for comments and would be reviewed for compliance during the building plan check process. Staff further explained that the third floor was designed within the confines of the second-floor roof volume with all third-floor balconies and windows facing the street. Prior to the meeting, staff researched and was not able to find an active HOA or Architectural Review Committee enforcing any CC&Rs. Finally, staff explained that the proposed project was only for a new single-family residence and did not include a request to operate a sober living facility nor was there an application filed with the city or state. While the ZA agreed with staff’s findings, additional conditions were added to:
• Clarify the measurement of height for the project; and
• Limit the use of the property as a single-family residence and that no commercial, quasi-residential, or institutional land uses, including a group home or sober living, would be permitted.
With these modifications, the ZA acted and approved the project with staff’s suggested findings and modified conditions of approval (Attachment No. 3).
Appeal:
On June 6, 2024, following the ZA’s action, the project was appealed by Mayor Pro Tem Burns citing the following reasons:
• The project is too large for the site and neighborhood; and
• Due to the size of the project, the approved findings and conditions of approval should be reconsidered (Attachment No. 5).
ISSUES AND ANALYSIS:
Subject Property and Surrounding General Plan Designations, Zoning and Land Uses:
|
LOCATION |
GENERAL PLAN |
ZONING |
LAND USE |
|
Subject Property: |
RL (Residential Low Density) |
RL-CZ (Residential Low Density - Coastal Zone Overlay) |
Residential |
|
North (across Humboldt Drive), South, East, and West (across Wanderer Lane) of Subject Property: |
RL |
RL-CZ |
Residential |
General Plan Conformance:
The project is consistent with the Land Use Element designation of RL (Residential Low Density) on the subject property and with the following goals and policies of the General Plan:
A. Land Use Element
Goal LU-1: New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community.
Policy LU-1(A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation.
Policy LU-1(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses.
Policy LU-4(D): Ensure that single-family residences are of compatible proportion, scale, and character to surrounding neighborhoods.
The proposed project is consistent with the requirements of the base zoning district such as parking, building setbacks, building height, lot coverage, and privacy design standards. The overall height will match the surrounding properties because the neighborhood is developed with single-family residences with similar building heights. The proposed third-floor space will be integrated within the confines of the second-story roof volume to ensure that the proposed residence will be compatible in proportion and scale with the surrounding neighborhood. Furthermore, the proposed third-floor balconies will be oriented towards the street and will be setback five ft. from the building exterior, as required by the zoning code, ensuring privacy is maintained for abutting residences.
Zoning Compliance:
The proposed project complies with the provisions in Titles 20-25 of the HBZSO including setbacks, building height, minimum landscape, privacy standards, and parking requirements as demonstrated in the table below:
Single-family residences with habitable living space above the second floor, including roof top decks, are subject to approval of a CUP by the ZA. Within the RL zoning designation, residential projects that do not include improvements above the second floor are not subject to a CUP, do not need a public hearing, and may proceed directly to the building permit process. As detailed in the table above, the proposed single-family dwelling complies with minimum RL development standards but is only subject to a CUP and CDP approval due to the third floor. The subject site is larger than the average lot size at approximately 8,900 sq. ft., while the average lot size of single-family properties in the vicinity ranges from approximately 5,000 sq. ft. to 6,000 sq. ft. Homes in the neighborhood consist of a mix of single-, two-, and three-stories in height up to a maximum of 35 feet. The proposed three-story residence is consistent with similarly approved residential developments that have been built throughout the Huntington Harbour within the same zoning district. Although the proposed residence will change from two-story to three-story, the allowable height for residential properties in the RL zone has been three stories at a maximum height of 35 ft. with approval of a Conditional Use Permit for the last several decades. As many older properties are remodeled, the sites are typically developed to the fullest extent allowed by the HBZSO. The new residence will be developed in a manner that is consistent with the zoning district and compatible with the immediate area. The third-floor space is designed to be confined within the second-floor volume, which facilitates the structure’s resemblance to a two-story home with a mass and scale that is similar to the proportion and scale of homes in the surrounding neighborhood. In addition, the third-floor balconies are setback five ft. from the building exterior and is oriented towards the public right-of-way, which will minimize the visual mass and bulk of the structure and maintain privacy for abutting residences. Furthermore, the deck does not exceed the height limit and will only be accessible via the interior of the residence.
Urban Design Guidelines Conformance:
The proposed single-family residence is designed to convey a high level of quality and a character that incorporates quality materials and design such as mansard-style standing seam metal roof, wood siding, stucco, and stone that are consistent with the City of Huntington Beach Urban Design Guidelines. Although the applicant is proposing three-stories, the third story is designed within the confines of the second-story roof volume. All third-floor windows and balconies are setback from the second story building facade, providing privacy and articulation of the upper portions of the residence to alleviate visual mass.
Environmental Status:
The project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 of the CEQA Guidelines because the project would develop a single-family residence within an existing urbanized residential zone.
Coastal Status:
The project involves the removal and replacement of a single-family residence that is located within the appealable area of the Coastal Zone. The proposed residence with third floor habitable area is subject to the requirements of HBZSO Chapter 245, and a Coastal Development Permit is required.
Other Departments Concerns and Requirements:
The Departments of Community Development, Fire, and Public Works have reviewed the project and identified a list of code requirements (Attachment No. 7) applicable to the project.
Public Notification:
Legal notice was published in the Huntington Beach Wave on July 11, 2024, and notices were sent to property owners of record and tenants within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Planning Division’s Notification Matrix), applicant, and interested parties. As of July 16, 2024, all communications received supporting or opposing the request are included in Attachment No. 6.
Application Processing Dates:
|
DATE OF COMPLETE APPLICATION: |
MANDATORY PROCESSING DATE(S): |
|
April 25, 2024 |
Not applicable to appeals |
This item was originally presented to the Zoning Administrator on June 5, 2024.
SUMMARY:
The Planning Commission may approve the proposed project based on the following summary of findings (Attachment No. 1):
• Complies with the General Plan;
• Consistent with the requirements of the base zoning district, as well as other applicable provisions of the Municipal Code;
• Compatible with the existing surrounding uses in proportion, scale, and character; and
• Incorporates quality materials and design such as wood siding, stucco, stone, and building articulation.
ATTACHMENTS:
1. Suggested Findings and Conditions of Approval Conditional Use Permit No. 23-019/Coastal Development Permit No. 23-007
2. Plans received and dated April 9, 2024
3. ZA Notice of Action
4. ZA Meeting Minutes
5. Appeal Letter received and dated June 6, 2024
6. Public Comments
7. Code Requirements
8. Vicinity Map
9. Project Narrative