HomeMy WebLinkAboutGeneral Plan Amendment GPA2008006 - Notice of action Letter w Findings & Conditions of ApprovalCity of Huntington Beach
2000 Main Street • Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
NOTICE OF ACTION
CVS PHARMACY _•l a 7^nn.
December 23, 2008
Curt Pringle & Associates
Attn: Austin Rogers
2400 E. Katella Avenue, Ste. 350
Anaheim, CA 92806
APPLICANT: Austin Rogers, Curt Pringle & Associates, 2400 E. Katella Avenue, Suite
350, Anaheim, CA 92806
REQUEST: General Plan Amendment: A request to amend the City's General Plan Land
Use Map by changing the existing land use category on the 1.5 acre subject
property from the current P (RL) (Public-Residential Low Density) to the
proposed CG-F1 (Commercial General-0.35 Floor Area Ratio) designation.
Zoning Map Amendment: A request to amend the City's Zoning Map by
changing the zoning designation on the subject property from PS (Public-
Semipublic) to CG (Commercial General) pursuant to Chapter 247 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO).
LOCATION: 15520 Goldenwest Street, Huntington Beach 92647 (southeast corner of
Goldenwest Street and McFadden Avenue).
PROJECT
PLANNER: Tess Nguyen
A Public Hearing was held on December 15, 2008 to consider your request and the following action
was taken by the Huntington Beach City Council: 1) Approved General Plan Amendment No. 08-006
and adopted Resolution No. 2008-83, "A Resolution of the City Council of the City of Huntington
Beach Approving General Plan Amendment No. 08-006," amending the land use designation of an
approximate 1.5 acre piece of real property located on the southeast corner of Goldenwest Street
and McFadden Avenue from P (RL) (Public-Residential Low Density) to CG-F1 (Commercial General
- 0.35 Floor Area Ratio); and, 2) Approved Zoning Map Amendment No. 08-006 with Findings for
Approval and approved for introduction Ordinance No. 3822, "An Ordinance of the City of Huntington
Beach Amending District Map 15 (Sectional District Map 14-5-11) to Rezone the Real Property
Generally Located at the Southeast Corner of Goldenwest Street and McFadden Avenue from PS
(Public-Semipublic) to CG (Commercial General) (Zoning Map Amendment No. 08-006)." The
Sister Cities: Anjo, Japan • Waitakere, New Zealand
(Telephone: 714-536-5227)
Ordinance will return to the City Council for adoption on January 5, 2009, and becomes effective
thirty (30) days following that date.
Enclosed are the Findings for Approval, Action Agenda and copies of the executed resolution
and the unexecuted ordinance. If there are any further questions, please contact Tess Nguyen,
Associate Planner at (714) 374-1744.
0 - J4; W)
an L. Flynn, CMC
City Clerk
J F: pe
c: Scott Hess, Director of Planning
Tess Nguyen, Associate Planner
Bill Kerwin, Coast Community College District, 1370 Adams Avenue, Costa Mesa 92626
Attachments:
Findings for Approval - ZMA 08-006
Action Agenda for 12-15-08
Ordinance No. 3822
Resolution No. 2008-83
NOA - GPA 08-006; ZMA 08-006 (CVS Pharmacy)
F
FINDINGS FOR APPROVAL-ZONING MAP AMENDMENT NO. 08-006:
1. Zoning Map Amendment No. 08-006 to change the zoning on a 1.5 acre parcel from PS
(Public-Semipublic) to CG (Commercial General) is consistent with the objectives, policies,
general land uses and programs specified in the General Plan as well as the proposed
General Plan Amendment No. 08-006. The zoning map amendment will enable the
property owner and applicant to carry out policies and objectives stated in the Economic
Development Element of the General Plan by improving fiscal stability and providing
economic opportunities for the City. The proposed commercial general zoning is consistent
with the goals and policies of the Land Use Element of the General Plan by allowing the
development of uses that would support the needs and reflect market demand of City
residents and visitors.
2. In the case of a general land use provision, the Zoning Map Amendment is compatible with
the uses authorized in, and the standards prescribed for, the zoning district for which it is
proposed. The proposed land uses identified in the Commercial General land use
designation is consistent with the General Plan as well as the proposed General Plan
Amendment No. 08-006.
3. A community need is demonstrated for the change proposed. The proposed commercial
general zoning provides the standards necessary to develop a high quality commercial land
use complementing and enhancing surrounding land uses. The commercial designation will
generate jobs for the community without substantially increasing the need for housing.
4. The adoption of the Commercial General zoning will be in conformity with public
convenience, general welfare and good zoning practice. The Commercial General zoning
designation is the appropriate zoning for the site because of its size, location, and
separation from residential uses. It was prepared utilizing a comprehensive approach,
involving public meetings and reviewing the proposed development in terms of existing
development standards, design and architectural guidelines, and landscape requirements.
NOA - GPA 08-006; ZMA 08-006 (CVS Pharmacy)
the City of Huntington Beach Amending Chapter 2.97 of the Huntington Beach
Municipal Code Relating to the Citizens' Participation Advisory Board (CPAB)."
RECESS CITY COUNCIUREDEVELOPMENT AGENCY MEETING - 7:11 PM
CONVENE MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCE
AUTHORITY
CALL TO ORDER - 7:12 PM
ROLL CALL: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, Hansen
Al! Present
An annual meeting is held in December each year to elect new officers of the
Huntington Beach Public Finance Authority.
19. ELECTION OF OFFICERS
Recommended Action:
Elect Keith Bohr, Chair of the Huntington Beach Financing Authority; Cathy
Green, Vice-Chair of the Huntington Beach Financing Authority; and, Joan L.
Flynn, Secretary of the Huntington Beach Financing Authority.
Approved 7-0
20. ADOPT MINUTES
Recommended Action:
Approve and adopt the minutes of the joint meeting of the Huntington Beach
Public Financing Authority of February 19, 2008 as written and on file in the
Secretary's Office.
Approved 6-0-1 (Dwyer abstain)
ADJOURN HUNTINGTON BEACH PUBLIC FINANCE AUTHORITY MEETING -
7:14 PM
RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING - 7:14 PM
PUBLIC HEARING
21. (City Council) Public Hearing to consider approval of General Plan
Amendment (GPA) No. 08-006 (CVS Pharmacy) by adopting Resolution No.
2008-83, and Zoning Map Amendment (ZMA) No. 08-006 by approving for
introduction Ordinance No. 3822, amending District Map 15 (Sectional
District Map 14-5-11) to rezone the real property generally located on a 1.5
acre site at the southeast corner of Goldenwest Street and McFadden
Avenue on the Golden West College campus from PS (Public-Semipublic)
to CG (Commercial General).
Planning Commission and Staff Recommended Action:
a) Approve General Plan Amendment No. 08-006 by approving Resolution
Council/Agency Action Agenda - Monday, December 15, 2008 Page 5 of 7
No. 2008-83, "A Resolution of the City Council of the City of Huntington
Beach Approving General Plan Amendment No. 08-006;" and,
b) Approve Zoning Map Amendment No. 08-006 with Findings for Approval,
and Approve for Introduction Ordinance No. 3822, "An Ordinance of the
City of Huntington Beach Amending District Map 15 (Sectional District
Map 14-5-11) to Rezone the Real Prope rty Generally Located at the
Southeast Corner of Goldenwest Street and McFadden Avenue from PS
(Public-Semipublic) to CG (Commercial General) (Zoning Map
Amendment No. 08-006).
3 Speakers
Approved 6-0-1 (Hardy abstain)
CONSENT CALENDAR
22. (City Council/Redevelopment Agency) Approve and adopt minutes.
Recommended Action:
Approve and adopt the minutes of the City Council/Redevelopment Agency
Special meeting of November 10, 2008, and the City Council/Redevelopment
Agency Regular meeting of December 1, 2008 as written and on file in the
Office of the City Clerk.
Approved 7-0
23. (City Council) Approve and authorize City staff to accept Federal
Emergency Management Agency (FEMA) grant amount of $19,584 for the
purchase of wildland fire shelters and accompanying web gear as part of
its Federal Assistance to Firefighters Grants Program; and, expend
matching funds in the amount of $4,896.
Recommended Action:
Approve and authorize City staff to accept the FEMA Assistance to Firefighters
Grant award and expend matching funds in the amount of $4,896.
Approved 7-0
24. (City Council) Approve the appointments of Leslie "Jon" Ross, Chris
Young, Edward Heins, Mary Peeples, Linda Vircks, Jeff Carnival and Jim
Thompson to the Fourth of July Board, as recommended by Council
Liaisons, Mayor Keith Bohr and former Mayor Debbie Cook.
Recommended Action:
a) Approve the appointment of Leslie "Jon" Ross to the Fourth of July Board
as approved by Council liaisons, Mayor Keith Bohr and former Mayor
Debbie Cook; and,
b) Approve the appointment of Chris Young to the Fourth of July Board as
approved by Council liaisons, Mayor Keith Bohr and former Mayor
Debbie Cook; and,
c) Approve the appointment of Edward Heins to the Fourth of July Board as
Council/Agency Action Agenda - Monday, December 15, 2008 Page 6 of 7
ORDINANCE NO. 3822
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING DISTRICT MAP 15 (SECTIONAL DISTRICT MAP 14-5-11)
TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE
SOUTHEAST CORNER OF GOLDENWEST STREET AND MCFADDEN AVENUE
FROM PS (PUBLIC-SEMIPUBLIC) TO CG (COMMERCIAL GENERAL)
(ZONING MAP AMENDMENT NO. 08-006)
WHEREAS. pursuant to the California State Planning and Zoning Law, the Huntington
Beach Planning Commission and Huntington Beach City Council have held separate, duly
noticed public hearings to consider Zoning Map Amendment No. 08-006, which rezones the
property generally located at the southeast corner of Goldenwest Street and McFadden Avenue
from PS (Public-Semipublic) to CG (Commercial General); and
After due consideration of the findings and recommendations of the Planning
Commission and all other evidence presented, the City Council finds that the aforesaid
amendment is proper and consistent with the General Plan,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
ordain as follows:
SECTION 1. That the real property that is the subject of this Ordinance (hereinafter
referred as the "Subject Property") is generally located at the southeast corner of Goldenwest
Street and McFadden Avenue, and is more particularly described in the legal description and
sketch attached hereto as Exhibits A and B, respectively, and incorporated by reference as though
fully set forth herein.
SECTION 2. That the zoning designation of the Subject Property is hereby changed
from PS (Public-Semipublic) to CG (Commercial General).
08-1855/27376 1
Ordinance No. 3822
SECTION 3. That Huntington Beach Zoning and Subdivision Ordinance Section
201.04B District Map 15 (Sectional District Map 14-5-11) is hereby amended to reflect Zoning
Map Amendment No. 08-006 as described herein. The Director of Planning is hereby directed to
prepare and file an amended map. A copy of said District Map, as amended, shall be available
for inspection in the Office of the City Clerk.
SECTION 4. This ordinance shall take effect thirty days after passage.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of , 2008.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Attorney V ico .O\1 g
l o ate 16
REVIEW D AND APPROVED: INITI TED AND APPROVED:
Ci inistrator Director f Planning
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
08-1855/27376 2
PROJECT
HUNTINGTON
BEACH
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TOWNSHIP 5 SOUTH, RANGE 11 WEST, M.D.B. & M, IN THE RANCHO LA BOLSA CHICA, IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS.
BEGINNING AT A FOUND PK NAIL WITH TAG STAMPED 'LS 5411"IN THE NORTH LINE OF SAID
NORTHWEST QUARTER, ACCEPTED AS POINT 'CPS* 5126R1"PER THE 'COUNTY OF ORANGE,
P.F.R.D. / GEOMATICS - LAND INFORMA TION SYSTEMS HORIZONTAL CONTROL DA TA SHEET,' SAID
POINT BEARS NORTH 89'31 '11"WEST A DISTANCE OF 4986.78 FEET TO A FOUND SPIKE AT THE
CENTERLINE INTERSECTION OF MCFADDEN AVENUE AND EDWARDS STREET, ACCEPTED AS POINT
'GPS# 5124"PER SAID HORIZONTAL CONTROL DATA SHEET; THENCE WESTERLY ALONG SAID NORTH
LINE, NORTH 89'32'39"WEST 2291.33 FEET TO THE EAST LINE OF 'PARCEL 1"AS DESCRIBED
IN THE STREET AND PUBLIC UTILITY EASEMENT DOCUMENT RECORDED OCTOBER 8, 1964 AS
INSTRUMENT NO. 7771 IN BOOK 7252, PAGE 378, OFFICIAL RECORDS, SAID DOCUMENT
HEREINAFTER REFERRED TO AS 'STREET EASEMENT DOCUMENT' THENCE SOUTHERLY ALONG SAID
EAST LINE, SOUTH 00' 15'57''WEST 313.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
RETRACING A PORTION OF SAID EAST LINE, NORTH 00' 15'57"EAST 243.42 FEET TO A POINT IN
THE EASTERLY LINE OF 'PARCEL 3"AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT ; SAID
POINT BEING THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID 'PARCEL 3"AND ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 90' 11'24"A DISTANCE OF 47.22 FEET TO A POINT IN THE SOUTH LINE OF
'PARCEL 2"AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT! THENCE EASTERLY ALONG
SAID SOUTH LINE, SOUTH 89'32'39"EAST 211.00 FEET; THENCE LEAVING SAID SOUTH LINE,
SOUTH 00'07'05"EAST 143.67 FEET; THENCE SOUTH 89'52'55"WEST 9.00 FEET; THENCE
SOUTH 00'07'05"EAST 45.50 FEET; THENCE SOUTH 16'51'39"EAST 22.08 FEET; THENCE SOUTH
00' 15'59"WEST 62.39 FEET; THENCE NORTH 89'44'03"WEST 239.87 FEET TO THE TRUE POINT
OF BEGINNING.
DEVELOPER:
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5620 FRIARS ROAD
SAN DIEGO, CA 92110
619.291.0707
(FAX)619.291.4165
LEGAL DESCRIPTION
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PROPOSED CVS PHARMACY
SEC Golden West
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Huntington Beach, CA
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RESOLUTION NO. 2008-83
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH
APPROVING GENERAL PLAN AMENDMENT NO. 08-006
WHEREAS, General Plan Amendment No. 08-006 proposes to amend the Land Use
Element of the City's General Plan to redesignate an approximate 1.5 acre piece of real property
located on the southeast corner of Goldenwest Street and McFadden Avenue, as more
particularly described as Exhibits "A" and "B" attached hereto, from P(RL) (Public-Residential
Low Density) to CG-F1 (Commercial General - 0.35 Floor Area Ratio).
Pursuant to California Government Code, the Planning Commission of the City of
Huntington Beach, after notice duly given, held a public hearing to consider General Plan
Amendment No. 08-006 and recommended approval of said entitlement to the City Council; and
Pursuant to California Government Code, the City Council of the City of Huntington
Beach, after notice duly given, held a public hearing to consider General Plan Amendment No.
08-006; and
The City Council finds that said General Plan Amendment No. 08-006 is necessary for
the changing needs and orderly development of the community, is necessary to accomplish
refinement of the General Plan, and is consistent with other elements of the General Plan.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Huntington Beach as follows:
SECTION 1: That the real property that is the subject of this Resolution (hereinafter
referred to as the "Subject Property") is generally located on the southeast corner of Goldenwest
Street and McFadden Avenue in the City of Huntington Beach, and is more particularly described
in the legal description and sketch attached hereto as Exhibits "A" and "B", respectively, and
incorporated by this reference as though fully set forth herein.
SECTION 2: That General Plan Amendment No. 08-006, which amends the General
Plan Land Use Designation for the subject area from P(RL) (Public-Residential Low Density) to
CG-F1 (Commercial General - 0.35 Floor Area Ratio) is approved. The Director of Planning is
hereby directed to prepare and file an amended Land Use Map. A copy of said map, as amended,
shall be available for inspection in the Planning Department.
08-1854/27365 1
Resolution No. 2008-83
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 15th day of December 12008.
Mayor
ATTEST: A OVED AS TO FORM:
City erk Attorn y D)w O 1c
REVIEW D APPROVED:
City in' trator
ATTACHMENTS
Exhibit A: Legal Description
Exhibit B: Sketch
INITIA ED AND APPROVED:
Planning Dire tor
tol 1(o(a?f
08-1854127365 2
Resolution No. 2008-83
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TOWNSHIP 5 SOUTH, RANGE 11 WEST, M.D.B. & M, IN THE RANCHO LA BOLSA CHICA, IN THE
CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SAID SECTION IS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A FOUND PK NAIL WITH TAG STAMPED YS 5411"IN THE NORTH LINE OF SAID
NORTHWEST QUARTER, ACCEPTED AS POINT 'UPS* 5126R1"PER THE 'COUNTY OF ORANGE,
P.F.R.D. / GEOMA TICS - LAND INFORMA TION SYSTEMS HORIZONTAL CONTROL DA TA SHEET-, SAID
POINT BEARS NORTH 89'31'11"WEST A DISTANCE OF 4986.78 FEET TO A FOUND SPIKE AT THE
CENTERLINE INTERSECTION OF MCFADDEN AVENUE AND EDWARDS STREET, ACCEPTED AS POINT
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LINE, NORTH 89'32'39"WEST 2291.33 FEET TO THE EAST LINE OF 'PARCEL 1"AS DESCRIBED
IN THE STREET AND PUBLIC UTILITY EASEMENT DOCUMENT RECORDED OCTOBER 8, 1964 AS
INSTRUMENT NO. 7771 IN BOOK 7252, PAGE 378, OFFICIAL RECORDS, SAID DOCUMENT
HEREINAFTER REFERRED TO AS S TREET EASEMENT DOCUMENT ,t THENCE SOUTHERLY ALONG SAID
EAST LINE, SOUTH 00' 15'571VEST 313.52 FEET TO THE TRUE POINT OF BEGINNING; THENCE
RETRACING A PORTION OF SAID EAST LINE, NORTH 00' 15'571VEAST 243.42 FEET TO A POINT IN
THE EASTERL Y LINE OF 'PARCEL 3AS DESCRIBED IN SAID 'STREET EASEMENT DOCUMENT-, SAID
POINT BEING THE BEGINNING OF A TANGENT 30.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE NORTHEASTERLY ALONG SAID 'PARCEL 3"AND ALONG THE ARC OF SAID CURVE THROUGH A
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SOUTH 00'07'05"EAST 143.67 FEET; THENCE SOUTH 89'52'55"WEST 9.00 FEET; THENCE
SOUTH 00'07'05"EAST 45.50 FEET; THENCE SOUTH 16'51'39"EAST 22.08 FEET; THENCE SOUTH
00' 15'59"WEST 62.39 FEET; THENCE NORTH 89'44'03"WEST 239.87 FEET TO THE TRUE POINT
OF BEGINNING.
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SEC Golden West
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PROPOSED CVS PHARMACY
SEC Golden West
& McFadden
Huntington Beach, CA
TITLE:
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DATE: 08/07/08
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REVISIONS:
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Res. No. 2008-83
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the
City of Huntington Beach is seven; that the foregoing resolution was passed
and adopted by the affirmative vote of at least a majority of all the members of
said City Council at an regular meeting thereof held on December 15, 2008
by the following vote:
AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hansen
NOES: None
ABSENT: None
ABSTAIN: Hardy
Ci Clerk and ex-officio lerk of the
City Council of the City of
Huntington Beach, California
r
Huntington Beach Planning Commission
• 2000 MAIN STREET
NOTICE OF ACTION
November 13, 2008
Austin Rogers
2400 E. Katella Avenue, Suite 350
Anaheim CA 92806
CALIFORNIA 92648
SUBJECT: MITIGATED NEGATIVE DECLARATION NO. 07-007/CONDITIONAL USE PERMIT
NO. 08-0321VARIANCE NO. 08-0081TENTATIVE PARCEL MAP NO. 08-121 (CVS
PHARMACY)
APPLICANT: Austin Rogers
REQUEST: MND: To analyze the potential environmental impacts associated with the
implementation of the proposed project. CUP: To develop and construct a 14,670 sq.
ft. 24-hour drive-thru pharmacy and associated site improvements. VAR: To permit a
10-space parking reduction from 74 to 64 parking spaces. TPM: To subdivide a 1.5
acre parcel from a portion of the Golden West College site.
PROPERTY
OWNER: Coast Community College District, 1370 Adams Avenue, Costa Mesa CA 92
LOCATION: 15520 Goldenwest Street, 92647 (southeast comer of Goldenwest
McFadden Avenue) 1-
DATE OF
ACTION: November 12, 2008
O T A N b 12 2008 th H B h PI C k `t t t t
application, and your application was conditional) a roved. Attached to this letter are the I j ..
and conditions of approval.
n ues ay, ovem er , , e un con ea a"""u ommissioningoo ac ion c
Please note that Mitigated Negative Declaration No. 07-007, Conditional Use Permit No. 08-032,
Variance No. 08-008, and Tentative Parcel Map No. 08-121 shall not become effective until Zoning Map
Amendment No.08-006 and General Plan Amendment No. 08-006 has been approved by the city
council and is in effect
Please be advised that the Planning Commission reviews the conceptual plan as a basic request for
entitlement of the use applied for and there may be additional requirements prior to commencement of
the project. It is recommended that you immediately pursue completion of the conditions of approval
and address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to
expedite the processing/completion of your total application. The conceptual plan should not be
construed as a precise plan, reflecting conformance to all Zoning and Subdivision Ordinance
requirements.
Phone 714-536-5271 Fax 714-374-1540 www.surfcity-hb.org
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by
the Planning Commission becomes final at the expiration of the appeal period. A person desiring to
appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of
the date of the Planning Commission's action. The notice of appeal shall include the name and
address of the appellant, the decision being appealed , and the grounds for the appeal. Said appeal
must be accompanied by a filing fee of One Thousand, Five Hundred Forty-One Dollars ($1,541.00) if
the appeal is filed by a single family dwelling property owner appealing the decision on his own property
and Two Thousand Three Hundred Seventy-Nine Dollars ($2,379 .00) if the appeal is filed by any other
party. In your case, the last day for filing an appeal and paying the filing fee is November 24 2008 at
5:00 PM.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application
becomes null and void one (1) year after final approval, unless actual construction has started.
"Excepting those actions commenced pursuant the California Environmental Quality Act, you are
hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of
Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be
legally barred from later challenging such action pursuant to Government Code §66020."
If you have any questions, please contact Tess Nguyen, the project planner, at to u en surfci
hb.org or (714) 374-1744 or the Planning Department Zoning Counter at (714) 536-5271.
Sincerely,
Scott Hess, Secretary
Planning Commission
By:
6r=
Herb'Fauland, Planning Manager
SH:HF:TN:kdc
Attachments: MND No. 07-007\ CUP No. 08-032\ VAR No. 08-008\ TPM No. 08-121 Findings,
Mitigation Measures, and Modified Conditions of Approval
c: Honorable Mayor and City Council
Chair and Planning Commission
Fred Wilson, City Administrator
Scott Hess, Director of Planning
Bill Reardon, Division Chief/Fire Marshal
Terri Elliott, Principal Civil Engineer
Gerald Caraig, Permit Plan Check Manager
Coast Community College District, Property Owner
Project File
r
ATTACHMENT NO. I
FINDINGS MITIGATION MEASURES AND CONDITIONS OF APPROVAL
MITIGATED NEGATIVE DECLARATION NO. 07-007/CONDITIONAL USE PERMIT NO. 08-
0321VARIANCE NO. 08-008/TENTATIVE PARCEL MAP NO. 08-121
FINDINGS FOR APPROVAL - MITIGATED NEGATIVE DECLARATION NO. 07-007
1. Mitigated Negative Declaration No. 07-007 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a
public comment period of 30 days. Comments received during the comment period were
considered by the Planning Commission prior to action on the Mitigated Negative Declaration No.
07-007.
2. Mitigation measures avoid or reduce the project's effects to a point where clearly no significant
effect on the environment will occur. Mitigation measures address potential impacts to aesthetics,
biological resources, and traffic and transportation. Mitigation measures were generally designed to
minimize impacts related to the removal and relocation of mature trees and inadequate parking
capacity at the project site.
3. There is no substantial evidence in light of the whole record before the Planning Commission that
the project, as mitigated through the attached mitigation measures, will have a significant effect on
the environment. The proposed project will be a high quality development that takes into
consideration the many existing mature trees onsite. The mature trees will be preserved or
relocated based on the proper translocation procedures and specifications documented in the
Arborist's Report to ensure their survival. In addition, the migratory species that may use portions of
the site for nesting during breeding season will be protected through the limitation of the time of
construction or vegetation removal. As for the reduction in the number of required parking spaces,
a Parking Demand Study concludes that the provided parking would be sufficient for the parking
demand of the proposed development and would not result in a parking deficiency.
FINDINGS FOR APPROVAL - CONDITIONA USE PERMIT NO. 08-032:
1. Conditional Use Permit No. 08-032 for the establishment, maintenance and operation of the 14,670
square-foot 24-hour drive-thru CVS Pharmacy with 64 parking spaces 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 project meets all Zoning and
Subdivision Ordinance standards with the exception of the variance for parking requirements. The
proposed project is consistent with the land use/zoning designation applied to the property. The
project will not generate noise, traffic, or other impacts which are inconsistent with the property's
Commercial General's zoning designation or existing land uses in the surrounding neighborhood.
In addition, the project will be designed to provide adequate setbacks, does not exceed building
height, provide code required landscaping, and meets the goals and policies of the General Plan.
G:PCWOA108\MND 07-007-CUP 08-032 VARO8-008 TPM 08-121 Attachment 1.1
2. The conditional use permit will be compatible with surrounding uses because the project consists of
the development of a commercial building on a commercially zoned property, south of existing
commercial development of similar nature and intensity. The proposed project will be designed in a
manner that is sensitive to surrounding uses, including orienting the loading and delivery service
areas away from residential uses. In addition, the project will provide convenient and safe
pedestrian linkages on-site and with the surrounding street system along with a building of high
quality architectural design.
3. The proposed 14,670 square foot 24 -hour drive -thru CVS Pharmacy with 64 parking spaces 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 and any specific condition required for the
proposed use in the district in which it would be located, except for the variance requesting a
reduction in the parking requirements. The proposed development plan complies with the zoning
development standards and land use provisions in the Commercial General zoning district by
providing code required minimum setbacks, minimum landscaping, maximum building height, and
maximum floor area ratio.
4. The granting of the conditional use permit will not adversely affect the General Plan. The project is
consistent with the Land Use Element designation of CG-F1 (General Commercial-0.35 Floor Area
Ratio) on the subject property. In addition, it is consistent with the goals and policies of the General
Plan:
A. Economic Develo ment Element
Goal ED 1: Provide economic opportunities for present and future Huntington Beach residents
and businesses through employment and local fiscal stability.
O active ED 1.1: Enhance the City's market potential in terms of retail, office, industrial, and
visitor serving activity. This would allow Huntington Beach to provide for retail, office, and
industrial opportunities that serve the current and projected population and enhance sales and
occupancy tax revenue.
Poli ED 2.4.3: Encourage the expansion of the range of goods and services provided in
Huntington Beach to accommodate the needs of all residents in Huntington Beach and the
market area.
The proposed project promotes development in accordance with Huntington Beach's Economic
Development Element, as commercial development of the site will improve fiscal stability and
provide economic opportunities for the City. New.employment opportunities will be created both
in the construction of the proposed development and in the long-term operations of the retail
establishment. High-quality architecture and site design will enhance the long-term economic
success of the proposed development and will further enhance Huntington Beach's economic
prospects.
B. Land Use Element
Goal LU 7: Achieve a diversity of land uses that sustain the City's economic viability, while
maintaining the City's environmental resources and scale and character.
Goal LU 10: Achieve the development of a range of commercial uses.
G:PC\NOA'08\ MND 07-007 CUP 08-032 VAR08-008 TPM 08-121 Attachment 1.2
Ob ective LU 10.1: Provide for the continuation of existing and the development of a diversity of
retail and service commercial uses that are oriented to the needs of local residents, serve the
surrounding region, serve visitors to the City, and capitalize on Huntington Beach recreational
resources.
Polic LU 10.1.4: Require that commercial buildings and sites be designed to achieve a high
level of architectural and site layout quality.
Poll LU 10.1.12: Require that Commercial General uses be designed and developed to
achieve a high level of quality, distinctive character, and compatibility with existing uses and
development including the consideration of:
a. incorporation of site landscape, particularly along street frontages and in parking lots;
b. linkage of buildings by common architectural design, landscape and pedestrian
systems, to avoid the appearance of independent free-standing structures surrounded
by parking;
c. siting and design of structures to facilitate and encourage pedestrian activity;
d. siting of one or more buildings in proximity to the street frontage to convey a visual
relationship to the street and sidewalks;
e. architectural treatment of buildings to minimize visual bulk and mass, using techniques
such as the modulation of building volumes and articulation of all elevations; and
f. inclusion of consistent signage designed and integrated into the building's architectural
character. (I-LU 1, I-LU 4, I-LU 5, I-LU 7, I-LU 10, and I-LU 11)
Goal LU 11: Achieve the development of projects that enable residents to live in proximity to
their jobs, commercial services, and entertainment, and reduce the need for automobile use.
The retail use at the project site represents development which would support the needs and
reflect market demand of City residents and visitors. The proposed development provides
additional uses that would attract and complement existing uses along Goldenwest Street.
Development of the commercial retail use will generate jobs for the community without
substantially increasing the need for housing as most employees will come from the local area.
In addition, the proposed project would help the City to achieve its goal of enhancing the
community image of Huntington Beach through the design and construction of a high-quality
development while still allowing for the market driven commercial development. The design of
the project promotes development of a commercial building that conveys a unified visual image
and character. The City's Design Review Board has reviewed the proposed architecture, colors,
and materials, and recommends approval of the design concept
C. Circulation Element
Goal CE 1: Provide a balanced transportation system that supports the policies of the General
Plan and facilitates the safe and efficient movement of people and goods throughout the City
while providing a balance between economic development and the preservation of residential
neighborhoods, and minimizing environmental impacts.
G:PCWOA1081MND 07-007-CUP 08-032 VAR08-008 TPM 08-121 Attachment 1.3
Goal CE 2: Provide a circulation system which supports existing, approved, and planned land
uses throughout the City while maintaining a desired level of service on all streets and at all
intersections.
Poli CE 2.1.1: Maintain a city-wide level of service (LOS) not to exceed LOS "D" for
intersections during the peak hours.
Polic CE 2.1.2: Maintain a city-wide level of service (LOS) not to exceed LOS "C" for daily
traffic, with the exception of Pacific Coast Highway south of Brookhurst Street.
Goal CE 5: Provide sufficient, well-designed, and convenient on- and off-street parking facilities
throughout the City.
A traffic impact analysis has been completed by a traffic enginee ring firm to ensure a balanced
transportation system that adequately mitigates the project's potential traffic impacts while still
allowing for commercial development to be achieved. The developer will be required to
contribute a fair-share payment toward traffic system improvements to mitigate the project's
proportionate impacts to certain intersections and roadways.
FINDINGS FOR APPROVAL-VARIANCE NO. 08-008:
1. The granting of Variance No. 08-008 to permit a 10-space reduction in parking requirements will not
constitute a grant of special privilege inconsistent with limitations upon other properties in the
vicinity and under an identical zone classification. Deviations to the parking requirements have
been previously granted for pharmacies with storage uses separate from the commercial/retail
space when the deviation does not result in insufficient parking capacity. The gross floor area of
the proposed project is 14,670 square feet, which would require 74 parking spaces in accordance to
the HBZSO parking requirements, instead of the proposed 64 spaces for the development. Of the
total floor area for the proposed project, 11,967 square feet will be utilized as commercial/retail
space and 2,703 square feet will be utilized for storage purposes only. The required number of
parking spaces for 11,967 square feet of commercial/retail area is 60 and the required number of
parking spaces for the receiving and mezzanine storage areas, based on the storagetwarehouse
parking ratio of 1:1000, would be three. Because the receiving and storage areas would not be
accessible to customers and therefore would not generate parking demand, the actual parking
demand would be 63 spaces. To confirm this parking demand, a Parking Demand Study was
prepared and found that the 64 parking spaces provided for the proposed pharmacy would be
sufficient for the parking demand. Therefore, the variance for a parking reduction would not result
in a parking deficiency or constitute a special privilege.
2. Because of special circumstances applicable to the subject property, such as location and
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 site is a vacant lot with many mature trees along the street frontage and surrounded by
existing facilities on the Golden West College campus. The site layout of the proposed development
is designed to maximize the use of the site and to preserve and relocate these mature trees.
3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial
property rights. The variance to reduce the parking requirements will enable the project to preserve
and relocate the mature trees onsite and develop a high quality design that is sensi tive and
complimentary to surrounding uses.
G:PCWOA\08\ MND 07-007-CUP 08.032 VAR08-008 TPM 08-121 Attachment 1.4
4. The granting of the variance will not be materially detrimental to the public welfare or injurious to
property in the same zone classification. The variance can be supported because the number of
provided parking spaces would be sufficient to satisfy the parking demand of the proposed
development This conclusion is supported by a Parking Demand Study, prepared by Rick
Engineering Company, of three comparable CVS Pharmacy sites near the proposed site. The
Study concluded that the 64 parking spaces provided for the proposed CVS Pharmacy would be
sufficient for the peak and daily parking demand.
5. The granting of the variance will not adversely affect the General Plan. It is consistent with the
Land Use Element designation of CG-F1 (Commercial General-0.35 Floor Area Ratio) on the
subject property because parking for the development will be provided to accommodate the actual
demand and will not result in insufficient parking capacity.
FINDINGS FOR APPROVAL-TENTATIVE PARCEL MAP NO. 08-121:
1. Tentative Parcel Map No. 08-121 to subdivide a 1.5 acre site from a portion of the Golden West
College site is consistent with the General Plan Land Use Element designation of CG-F1
(Commercial General-0 .35 Floor Area Ratio) on the subject property. The proposed subdivision
meets all development standards established in the HBZSO except for the variance for a 10-space
parking reduction in the parking requirements.
2. The site is physically suitable for the type and density of development. The 1.5 acre project site is
generally flat, rectangular, and provides the necessa ry area for development consistent with the
intensity and density of the General Plan Land Use designation and the proposed Commercial
General zoning district. Furthermore, the proposed development complies with the development
standards regarding setbacks, building height, and landscaping of the Huntington Beach Zoning
and Subdivision Ordinance.
3. The design of the subdivision or the proposed improvements will not cause serious health problems
or substantial environmental damage or substantially and avoidably injure fish or wildlife or their
habitat. The site does not serve as habitat for fish or wildlife.
4. The design of the subdivision or the type of improvements will not conflict with easements, acquired
by the public at large, for access through or use of, property within the proposed subdivision unless
alternative easements, for access or for use, will be provided. The tentative map provides all the
necessary easements and access requirements of the City for the public and provides the
necessary improvements. The improvements include dedications, curbs, gutters, sidewalks, and
easements with . reciprocal access between properties to adequately se rve the site and adjacent
properties.
MITIGATION MEASURES FOR ENVIRONMENTAL C NCERNS:
1. Nesting habitat for protected or sensitive species:
a. Vegetation removal and construction shall occur between September 1 and January 31
whenever feasible.
b. Prior to any construction or vegetation removal between February 15 and August 31, a nesting
survey shall be conducted by a qualified biologist of all habitats within 500 feet of the
construction area. Surveys shall be conducted no less than 14 days and no more than 30 days
prior to commencement of construction activities and surveys will be conducted in accordance
with California Department of Fish and Game (CDFG) protocol as applicable. If no active nests
G:PCWOA108\MND 07-007-CUP 08-032 VAR08-008 TPM 08-121 Attachment 1.5
are identified on or within 500 feet of the construction site, no further mitigation is necessary. A
copy of the pre-construction survey shall be submitted to the City of Huntington Beach. If an
active nest of a MBTA protected species is identified onsite (per established thresholds), a 250-
foot no-work buffer shall be maintained between the nest and construction activity. This buffer
can be reduced in consultation with CDFG and/or U.S. Fish and Wildlife Service.
c. Completion of the nesting cycle shall be determined by a qualified ornithologist or biologist.
2. The structure cannot be occupied and the final building permit(s) cannot be approved until the
removed existing mature trees are replaced in accordance with the requirements of Chapter 232-
Landscape Improvements.
3. For the trees to be relocated, the Arborists Report shall be revised to include the following:
a. The trees shall be transplanted by a qualified tree service to be approved by the City of
Huntington Beach Public Works Department
b. The detailed specifications and procedures for the translocation of the identified trees as
outlined by Darrell W. Simpson from Great Scott Tree Service Inc. in the letters dated June 4,
2008 and June 5, 2008.
c. The relocated trees shall be maintained and guaranteed to be alive and thriving after four years
by a qualified tree service or arborist to be approved by the City of Huntington Beach Public
Works Department. The trees shall be surveyed every six months for a period of four years as
to their viability. The survey shall be submitted to the City Landscape Architect for review. In the
even that any tree is not surviving, it shall be replaced with the same type and size of tree.
d. A letter from the developer stating that the recommendations of the Consulting Arborist will be
followed.
4. The applicant shall submit a Parking Demand Study, prepared by a licensed Traffic Engineer, to
confirm that the parking demand for the proposed project would not be greater than the number of
spaces currently proposed. At a minimum, the study shall include a survey of the parking demand
at three CVS Pharmacy locations in Orange County during peak hour weekday and weekend times.
If the Parking Demand Study does not confirm a parking demand of no greater than 64 spaces,
then the applicant should evaluate providing more parking spaces on site and/or reduce the building
size accordingly.
CONDIT ONS OF APPROVAL-CONDITIONAL USE PERMIT NO. 08-0321VARIANCE NO. 08-
008/TENTATIVE PARCEL MAP NO. 08-121:
1. The site plan, floor plans, and elevations received and dated October 2, 2008 shall be the
conceptually approved design with the following modifications:
a. Bollards shall be installed at the entrance of the building to prevent vehicles from crashing
through the front doors of the building. (PD)
2. Incorporating sustainable or "green" building practices into the design of the proposed structures
and associated site improvements is highly encouraged. Sustainable building practices may include
(but are not limited to) those recommended by the U.S. Green Building Council's Leadership in
G:PCWOA108\ MND 074)G7-CUP 08-032 VARO8-008 TPM 08-121 Attachment 1.6
Energy and Environmental Design (LEED) Program certification
htt ://www.us bc.or /Dis la Pa e.as x?Cate o ID=19 or Build It Green's Green Building
Guidelines and Rating Systems htt ://www.buildit reen.or Iindex.cfm?fuseaction= uidelines .
3. Prior to issuance of grading permits, the following shall be completed:
a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in
writing to property owners of record and tenants of properties within a 500-foot radius of the
project site as noticed for the public hearing. The notice shall include a general description of
planned grading activities and an estimated timeline for commencement and completion of work
and a contact person name with phone number. Prior to issuance of the grading permit, a copy
of the notice and list of recipients shall be submitted to the Planning Department. (PW)
b. A Precise Grading Plan shall include the following improvements on the plan:
1. Damaged curb, gutter and sidewalk along the project's Goldenwest Street and Mc
Fadden Avenue frontages shall be removed and replaced per Public Works Standard
Plan Nos. 202 and 207. (ZSO 230.84) (PW)
2. The existing driveway approach on Goldenwest Street shall be removed and replaced
with an ADA compliant driveway approach per Public Works Standard Plan No. 211 for a
commercial driveway approach. This driveway shall also provide for ingress of a
standard WB-40 vehicle. (ZSO 230.84) (PW)
3. A new sewer lateral shall be installed connecting to the Midway City Sanitation District
sewer main in McFadden Avenue. This sewer connection has previously been approved
by the Midway City Sanitation District in a Will-Serve letter to Mr. Tom Wilhelm (the CVS
Pharmacy owner representative) of KZ Holdings LLC, dated May 29, 2008. (PW)
c. Any necessary easements (for temporary construction, reciprocal access, etc.) for construction
of the aforementioned driveway approach shall be coordinated with the Coast Community
College District (Golden West College) and copies shall be provided to Planning and Public
Works Departments. (PW)
d. The developer shall provide a Maintenance License Agreement for maintenance of all enhanced
paving in public streets, pedestrian easements, sidewalk, parkway landscaping, and street
furniture located behind public street curbs within the project site. Maintenance shall include
but not be limited to all facets of landscape irrigation, planting, weed and pest control, any water
quality features, trash clean up, repair, replacement and other items that may be shown and
developed within the public right of way. The property owner shall be responsible for all costs
related to the maintenance, and any fees required for water and electrical use. This agreement
shall be in effect until the street improvements within the right of way dedication are completely
installed. At that time the Maintenance License Agreement will become mute. (PW)
4. Prior to final inspection, the following shall be completed:
a. Surveillance cameras shall be installed at the entrance of the building and drive-thru area and
recorded 24 hours a day, every day. Video tapes shall be retained form at least 30 days. (PD)
G:PCWOA'O81MND 07-007 CUP 08-032 VAROB-008 TPM 08-121 Attachment 1.7
b. Three stop signs shall be installed in the drive aisles adjacent to the driveway on Goldenwest
Street south of the project site.
5. The drive-thru pharmacy shall be open only between the hours of 6:00 AM and 10:00 PM, seven
days a week.
6. The development services departments (Building & Safety, Fire, Planning and Public Works) shall
be responsible for ensuring compliance with all applicable code requirements and conditions of
approval. The Director of Planning may approve minor amendments to plans and/or conditions of
approval as appropriate based on changed circumstances, new information or other relevant
factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for
building permits. Permits shall not be issued until the Development Services Departments have
reviewed and approved the proposed changes for* conformance with the intent of the Planning
Commission's action. 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
provisions of HBZSO Section 241.18.
INDEMNIFICATION AND HOLD HARMLESS CONDITION:
The owner of the property which is the subject of this project and the project applicant if different from
the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold
harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action
or proceedings, liability cost, including attorney's fees and costs against the City or its agents, officers
or employees, to attack, set aside, void or annul any approval of the City, including but not limited to
any approval granted by the City Council, Planning Commission, or Design Review Board concerning
this project. The City shall promptly notify the applicant of any claim, action or proceeding and should
cooperate fully in the defense thereof.
G:PC\NOA\081 MND 07-007-CUP 08-032 VAR08-008 TPM 08-121 Attachment 1.8