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HomeMy WebLinkAbout1994-06-28APPROVED 8/9/94 MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JUNE 28, 1994 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 5:30 PM DESIGN CRITERIA FOR INFILL LOTS REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Kerins, Gorman, Inglee, Dettloff, Richardson, Newman, Biddle A. ORAL COMMUNICATIONS (4 MINUTES PER PERSON, NO DONATING OF TIME TO OTHERS) Anyone wishing to speak must fill out and submit a form to speak prior to Oral Communication or Public Hearing items. No action can be taken by the Planning Commission on this date, unless agendized. None B. PUBLIC HEARING ITEMS B-1 URGENCY ORDINANCE AND CODE AMENDMENT NO. 94-4: APPLICANT: City of Huntington Beach LOCATION: City-wide On July 6, 1994, the City Council adopted a 45-day moratorium on single family infill lots. The Council directed staff to prepare an ordinance which would address compatibility issues between properties to minimize impacts on existing homes. Code Amendment No. 94-4 is an urgency ordinance which establishes a review process and development standards for single family residential infill projects, including requirements for height, setbacks, window locations, architectural design, public hearing process and staff review. STAFF RECOMMENDATION: Staff recommends that the Planning Commission approve Urgency Ordinance and Code Amendment No. 94-4 with findings and forward to the City Council for adoption.. THE PUBLIC HEARING WAS OPENED. Jeff Metzel, 19391 Shady Harbor Circle, President Seacliff Homeowners Association, stated the following concerns: Exemptions inappropriate. -(Staff explained the exemptions were appropriate during the duration of the moratorium) Visual intrusion of new home constructed adjacent existing homes. Notification of adjacent property owners when an infill project is being proposed. John Roe, 19382 Surfdale Lane, stated his concern that room additions and Iots adjacent to vacant lots being exempt from the ordinance. Richard Norton, 1620 26 Street, Santa Monica, Legal Counsel to the applicant, stated that the City is trying to enforce an illegally adopted Moratorium. He also stated that the City is considering adopting an Infill Ordinance that purports to cover properties protected by the Holly-Seacliff Development Agreement, which they cannot legally do. Mr. Norton also stated that the Moratorium could not legally apply to the applications were building permits were already on file. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. The Planning Commission reviewed the ordinance prepared by staff and a draft ordinance created by the Residential Infill Committee. The Planning Commission acted on each section of the proposed ordinance and created an ordinance which is a mix of both ordinances. The following is a summary of the Planning Commission actions: Section 9730.87.1 General Provisions The Planning Commission modified this section by replacing the word "development" with "design" and deleted "architectural" in the first sentence, added a sentence which extends areas covered by an adopted development agreement and moved a section from Privacy Design Standards to this section. PC Minutes - 6/28/94 2 (pcm011) Section 9730.87.2 Definition The Planning Commission voted to replace the City Council adopted definition contained in the ordinance with the subcommittee's definition. The subcommittee definition includes location criteria for vacant lots which will be subject to the infill ordinance. Section 930.87.3 Infill Lot Design Considerations Privacy Design Standards The Planning Commission moved a fifth design standard which addresses compatibility considerations such as lot size, lot frontage, building layout, building configuration, grade differentials and building height to General Provisions. Setbacks The Planning Commission also modified the section regarding the location of swimming pool equipment and air conditioning units. The Planning Commission added language to require these units to be enclosed to minimize or eliminate noise. Exceptions The last revision to this section deleted the four (4) exemptions proposed by staff. The Planning Commission agreed with the subcommittee recommendation to delete the exemptions until a comprehensive infill ordinance is prepared at a later date. Public Notification Requirement The Planning Commission deleted the requirement to post a sign on the site which would inform the neighborhood a general description of the project, the name of the applicant and the phone number of the Community Development Department. Instead of the sign, the Planning Commission approved the following notification process: Thirty days prior to the submitting construction plans for building permits, the applicant shall notify abutting property owners, by first class mail, of the proposed development. At the time of plan check submittal, the applicant shall provide a signed affidavit which lists abutting property owners and when the notice was mailed. Abutting property owners shall have ten (10) working days from plan check submittal to review and provide comments to the Director of Community Development. Building permits shall not be issued until the ten (10) day review period has elapsed. PC Minutes - 6/28/94 3 (pcm011) Based on the opinion of the City Attorney, the Planning Commission voted to retain the language contained in the sign section which states: "All comments received regarding the issuance of a building permit on an infill lot shall be forwarded to the Community Development Director for consideration. Decisions of the Community Development Director shall be final." The Urgency Ordinance will sunset at such time that a more comprehensive infill ordinance is approved and adopted by the City Council.. It is anticipated that the Residential Infill Committee will make recommendations on the infill ordinance within 60 to 90 days. A MOTION WAS MADE BY KERINS, SECOND BY NEWMAN, TO APPROVE URGENCY ORDINANCE AND CODE AMENDMENT NO. 94-4, AS MODIFIED BY THE PLANNING -COMMISSION AND FORWARD TO CITY COUNCIL FOR ADOPTION, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Inglee, Dettloff, Newman, Biddle NOES: Richardson ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CODE AMENDMENT NO. 94-4: 1. Code Amendment No. 94-4 creates requirements for the orderly development of residential infill lots, including public notification, setback and architectural design. 2. Code Amendment No. 94-4 is consistent with the goals and policies contained with the City's General Plan by complying with the following policies of the Housing Element:: a. Encourage compatible design to minimize the impact of intensified reuse of residential land on existing residential development. b. Encourage preservation of the existing Low Density Residential character in established single family neighborhoods. FINDINGS FOR APPROVAL - URGENCY ORDINANCE: 1. The Commission finds that an emergency measure for the immediate preservation of the public place, health or safety is necessary as building permits are being held on infill lots resulting in extreme hardship to owners of these lots throughout the City. PC Minutes - 6/28/94 4 (pcm011) B-2 CODE AMENDMENT NO.94-3 (TABLED AT THE MAY 17 1994 PLANNING COMMISSION MEETING): APPLICANT: City of Huntington Beach LOCATION: City-wide Code Amendment No. 94-3 represents a request by the City to amend Article 911, Low Density Residential, of the Huntington Beach Ordiance Code by deleting Section 9110.1.c.2, which requires a conditional use permit for new construction and additions to two-story, single family residences that are between 25 feet and 30 feet in height. Presently, there are six (6) categories for reviewing single family residential developments based upon building height and number of stories in the RI zone. This code amendment results in two (2) categories for review. Two-story residential structures up to 25 feet in height, and from 30 feet - 35 feet in height are permitted administratively. This code amendment would eliminate the conditional use permit requirement gap for two-story structures between 25 feet and 30 feet resulting in allowing for adminsitratve approval of all two-story structure up to 35 feet in height. STAFF RECOMMENDATION: On May 17, 1994, the Planning Commission tabled this item until such time as the infill development guidelines were developed. Since an ordinance has been prepared relative to such, staff is recommending the Planning Commission remove Code Amendment No. 94-3 from the table, approve it, and forward to the City Council for adoption. THE PUBLIC HEARING WAS OPENED. Jay Fowler, 19762 Sea Canyon Circle, spoke in opposition to the request as written, stating his support for an amendment that would require a conditional use permit for two- story structures 25-35 feet in height and all third stories. Jeff Metzel, 19391 Shady Harbor Circle, President Seacliff Homeowners Association, stated his opposition to the removal of conditional use permit requirements, as this would eliminate the residents ability to appeal to a higher body. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. PC Minuics - 6/28/9.1 5 (pcm011) A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO REMOVE CODE AMENDMENT NO. 94-3 FROM THE TABLE, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO = APPROVE CODE AMENDMENT NO. 94-3, WITH THE MODIFICATION THAT A CONDITIONAL USE PERMIT BE REQUIRED FOR HEIGHTS OF 30-35 FEET, BY THE FOLLOWING VOTE: AYES: Richardson, Biddle NOES: Kerins, Gorman, Dettloff ABSENT: Inglee, Newman ABSTAIN: None MOTION FAILED A MOTION WAS MADE BY GORMAN, SECOND BY KERINS, TO CONTINUE CODE AMENDMENT NO. 94-3 UNTIL THE INFILL ORDINANCE HAS BEEN ADOPTED, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED B-3 CONDITIONAL USE PERMIT NO. 94-14: APPLICANT: Glen Gellatly LOCATION: 16400 Springdale Street Conditional Use Permit No. 94-14 is a request to permit a 1673 square foot, one story classroom addition and 185 square foot covered walkway at the St. Bonaventure School located at 16400 Springdale Street. The proposal includes a two (2) room addition for a computer lab and multi -purpose room toward the northeast corner of the property, near PC Minutes - 6/28/94 6 (pcm011) the intersection of Bradbury Lane and Orlando Drive to serve approximately 600 students. The church use generates the parking demand for the site, and currently provides 366 spaces. As a result, the classroom addition will not require additional parking spaces. STAFF RECOMMENDATION: Staff supports the applicants request as the proposed addition will not impact the surrounding properties or property values, as the addition will comply with all applicable City codes. With the suggested conditions imposed, including the continuation of a parking/traffic plan that was instituted in 1989 following the approval of a previous conditional use permit, the classroom addition will not adversely impact vehicular traffic on adjacent streets. THE PUBLIC HEARING WAS OPENED. Glen Gellatly, Bissell Architects, 446 Old Newport Blvd., Newport Beach, stated his support for staffs report and recommendations, and was available to answer any questions. Linda Garofalo, Parish Manage St. Bonaventure Church, 16291 Hollywood Lane, stated that she was available to answer any questions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GORMAN, SECOND BY BIDDLE, TO APPROVE CONDITIONAL USE PERMIT NO.94-14 WITH FINDINGS AND MODIFIED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE; AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 94-14: 1. The establishment, maintenance and operation of the 1673 square foot classroom and 185 square foot covered walkway will not be detrimental to the general welfare of persons working or residing in the vicinity, nor be detrimental to property values and improvements in the area. The proposed classroom addition and covered walkway will not adversely impact the surrounding residential and commercial properties. PC Minutes - 6/28/94 7 (pcm011) 2. The location, site layout, and design of the proposed classroom addition and covered walkway properly adapt to streets, driveways, and other adjacent structures and uses in a harmonious manner. The classroom addition and covered walkway will maintain similar setbacks as the existing structures, and will comply with all applicable City codes. 3. The granting of Conditional Use Permit No. 94-14 will not adversely affect the General Plan of the City of Huntington Beach. The proposed classroom addition and covered walkway for school use is consistent with the Low Density Residential Land Use designation of the General Plan. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.94-14: 1. The site plan, floor plans, and elevations received and dated April 5, 1994 shall be the conceptually approved. layout. - - - 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Division and indicated on the floor plans. b. Elevations shall depict colors and building materials proposed. c. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. d. If outdoor lighting is 'included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage onto adjacent properties and shall be noted on the site plan and elevations. e._-- The.site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 6/28/94 8 (pcm011) 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect, which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9607 of the Huntington Beach Ordinance code. The set must be approved by both departments prior to issuance of building permits. The two (2) existing mature palm trees shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, or an approved palm - equivalent. b. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. 4. Fire Department requirements are as follows: a. Fire extinguishers shall be required per Huntington Beach Fire Code requirements. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. c. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required the applicant will be liable for expenses incurred. 5. All building spoils, such a unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site. b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. PC Minutes - 6/28/94 9 (pcm011) 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited on Sundays and Federal holidays. 8. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. 9. The previously approved -parking management plan -and on -site circulation plan (CUP 89-33) shall continue to be implemented. Any modification to the approved plan shall be submitted to the Planning Commission for their review and approval. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 14 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 11. Conditional Use Permit No. 94-14 shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CODE REQUIREMENTS: 1. Exits shall conform to the Uniform Building Code (UBC). 2. All Public Works fees shall be paid. 3. The developer will be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 4.- The applicant -shall meet all applicable local, State -and -Federal Fire Codes, Ordinances, and standards. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. PC Minutes - 6/28/94 10 (pcm011) B-4 APPEAL OF ZONING ADMINISTRATOR'S CONDITIONAL APPROVAL OF USE PERMIT NO. 94-2 AND PARTIAL DENIAL OF CONDITIONAL EXCEPTION (VARIANCE) NO 94-1• APPELLANT: Paul J. Wesselink APPLICANT: Andrew Goetz LOCATION: 17827 Beach Boulevard Transmitted for Planning Commission consideration is an appeal by Paul Wesselink, Huntington Beach Jewelry and Loan, of the Zoning Administrator's decisions on Use Permit No. 94-2 and Conditional Exception No. 94-1. Use Permit No. 94-2 will permit the establishment of a pawn shop, including the remodel of an existing non -conforming commercial building, 1,448 square foot second story addition, demolition of an accessory structure and new parking layout. The appeal requests that the Planning Commission overturn a condition of approval for the use permit requiring an irrevocable reciprocal access agreement. Conditional Exception No. 94-1 was initiated because the proposed project does not comply with all requirements of the Huntington Beach Ordinance Code. Three (3) of the six requested variances were denied by the Zoning Administrator. The appeal asks the Planning Commission to overturn two of the denied requests; 1) permit a reduction in 10 parking stalls from 43 spaces to 33 spaces, and 2) permit parking stalls without forward travel, to and from the space to a dedicated street. STAFF RECOMMENDATION: Staff recommends that the Planning Commission uphold the Zoning Administrator decision and deny the appeal of the findings for Use Permit No. 94-2; and overturn the Zoning Administrator's denial and approve the variance request for a reduction in parking with findings and suggested conditions of approval; and overturn the Zoning Administrator's denial and approve the variance request to permit parking stalls without forward travel to and from the space to a dedicated street pursuant to Section 9601.2 with findings and suggested of approval. THE PUBLIC HEARING WAS OPENED. Steve Mangione, 7912 Ronald Road #A, co-owner adjacent property, stated his concerns regarding the location of the proposed trash facility, the roof top mechanical equipment should be screened and the rear parking adjacent to alley. Darryl Carter, 7912 Ronald Road #A, co-owner adjacent property, restated the concerns of the previous speaker, also concerned about increased traffic in the alley. PC Minutes - 6/28/94 11 (pcm011) Arturo Hidalgo, 17871 Bell Circle, representative for the Huntington Sands, stated concerns regarding parking in rear adjacent to alley, increased traffic and criminal activity and the negative impact a pawn shop would have on adjacent businesses and property values. Andrew Goetz, 17855 Beach Boulevard, architect, stated that the Police Department had no concerns of increased criminal activity. Mr. Goetz also stated that they were trying to get a reasonable balance in the parking proposed, and was not opposed to eliminating those at the alley. Paul J. Wesselink, 17855 Beach Boulevard, applicant, gave a brief history of the site to the Commission and stated they would work with neighbors to eliminate any of their concerns. - RE.WERE NO OTHER PERSONS -PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY RICHARDSON, SECOND BY KERINS, TO APPROVE STAFF RECOMMENDED ACTION FOR USE PERMIT NO.94-2 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-1, WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL -USE PERMIT NO. 94-2: 1. Use Permit No. 94-2 for the establishment of a pawn shop, including remodel of an existing non -conforming commercial building, second story building addition of 1,488 square feet, demolition of a detached 2,228 square foot accessory structure, and new parking lot layout, with -the conditions of approval imposed, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. With the conditions of approval imposed, an adequate number of parking spaces will be provided, proper visibility for the parking stalls adjacent to the alley will be provided, and reciprocal driveway and access agreements with the adjacent property owner will be provided. PC Minutes - 6/28/94 12 (pcm011) b. Property and improvements in the vicinity of such use or building. The building and property will be upgraded with the new exterior facade treatment and additional parking, landscaping and reciprocal access with the adjacent property will be provided. The remodel and upgrade will aesthetically improve the property and the surrounding area while additional parking and reciprocal access will relieve parking and traffic congestion on Beach Boulevard. 2. The granting of Use Permit No. 94-2 will not adversely affect the General Plan of the City of Huntington Beach. The establishment of a pawn shop and remodel of an existing non -conforming commercial building is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION NO 94 1, (1) AND (2): 1. The granting of Conditional Exception No. 94-1 (1) to permit a reduction in eleven (11) parking stalls and (2) to permit parking stalls without forward travel to and from the space to a dedicated street will not constitute a grant of special privilege inconsistent upon other properties in the vicinity and under an identical zone classification. Other existing commercial properties in the vicinity have received approval for a reduction in parking spaces. 2. Because there are special circumstances applicable to the subject property, including size, shape, location or surroundings, the strict application of the Zoning Ordinance for Conditional Exception No. 94-1, (1) and (2) is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The existing physical layout of the building warrants special consideration for the above two variance requests. 3. The granting of Conditional Exception No. 94-1, (1) and (2), is necessary in order to preserve the enjoyment of one or more substantial property rights. With the conditions of approval imposed, the property may be used for the establishment or a retail pawn shop use. 4. The granting of Conditional Exception No. 94-1, (1) and (2), will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. The designation of employee parking for the spaces directly abutting the alley will minimize traffic in the alley and improve public safety. PC Minutes - 6/28/94 13 (pcm011) The granting of Conditional Exception No. 94-1, (1) and (2), will not adversely affect the General Plan of the City of Huntington Beach. a. The location, site layout, and design of the proposed use properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. With the conditions of approval imposed, the applicant will provide adequate parking and provide safe ingress and egress to the site. b. The access to and parking for the proposed use does not create an undue traffic problem -with the -conditions imposed. Parking spaces directly abutting the alley will be designated for employee parking, a reciprocal access agreement will be required and a parking study has shown that there will be an adequate number of parking spaces for the use. c. The combination and relationship.of one -proposed use to another on site are properly integrated. The project is compatible and cohesive with the other surrounding commercial uses in the area. d. The applicant is willing and able to carry out the purposes for which Conditional Exception No. 94-1 (1) and (2) is sought and he will proceed to do so without unnecessary delay. CONDITIONS OF APPROVAL -USE PERMIT NO.94-2/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-1: 1. The site plan, floor plans, and elevations received and dated February 28, 1994 shall be the conceptually approved layout with the following modifications: a. The site plan shall be amended to provide 32 parking stalls. b. The site plan shall be amended such that parking stalls immediately adjacent to the alley are designated for employee parking. c. The site plan shall be revised so that all parking stalls adjacent to building walls have adequate back-up visibility (minimum seven and one-half feet visual clearance required). d. The floor plan shall be amended to provide an adequate customer entrance at the rear of the property (west building wall) to the inside of the store. e. The site plan shall be amended to show the relocation of the trash enclosure to the area now numbered parking stall 31 and to comply with Sections 9730.60 and 9773(b) of the Huntington Beach Ordinance Code. PC Minutes - 6/28/94 14 (pcm011) 2. A revised site plan and floor plan shall be submitted depicting the modifications described above. 3. The applicant shall submit the revised site plan, materials board, elevations and other necessary information to the Design Review Board for final review prior to application for building permits. 4. Prior to application for building permits, the subject property shall provide an irrevocable offer to dedicate a reciprocal driveway and parking easement between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development prior to occupancy. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or parking are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 7. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Submit a covenant to limit present and future retail uses to be identical to that analyzed in the parking study dated June 3, 1994. The covenant shall stipulate that any proposed use other than that previously analyzed shall be subject to review and approval of a subsequent parking study. The covenant shall be reviewed and approved as to form by the City Attorney's Office and recorded at the Orange County Recorder's Office. A copy of the recorded document shall be submitted to the Community Development Department for inclusion in the file. b. One (1) set of landscape and irrigation plans to the Public Works Department for review and approval. The landscape construction set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall be in conformance with Section 9607 of the Huntington Beach Ordinance Code. The set must be complete and approved by both Community Development and Public Works departments prior to issuance of building permits. The landscape plans shall comply with the following: PC Minutes - 6/28/94 15 (pcm011) 1) Provide tree wells in parkway along Ronald Street with metal tree grates and Queen palms. Refer to Park Tree and Landscape re: spacing. 2) Improve/repair sidewalks along both streets. No tree wells on Beach Blvd. 3) On site trees read @ 1-36" box per each 45 linear feet or fraction thereof of street frontage. 4) Parking area trees read @ 1-24" box per each 10 stalls or fraction thereof to be used within parking area. 5) Irrigation coverage to be 100% of planting area with time clock controller. No water to overthrow planting areas onto building, concrete, or asphalt paving areas. c. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. d. A grading plan shall be submitted to the Department of Public Works for review and approval. 8. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 9. Maximum separation between building wall and property line shall not exceed two inches (2"). 10. Special architectural treatment shall be provided on all building walls. Such treatment is subject to approval by the Department of Community Development/Design Review Board. 11. Fire Department Requirements: a. Address numbers will be installed to comply with city specification #428. The size of the -numbers shall -be the following:- Minimum -six inches with a brush stroke of 11/2 inches. b. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. 12. Public Works Department Requirements: a. A grading permit shall be obtained from the Department of Public Works. PC Minutes - 6/28/94 16 (pcm011) b. The applicant shall remove the driveway approach on Ronald Road and replace it with a minimum twenty-seven foot wide driveway with radius type construction. c. The existing deteriorated paving adjacent to the gutter at the alley driveway and the driveway to the east along Ronald Road is to be removed and replaced to 10 feet from curb face. d. The asphalt between the curb and sidewalk adjacent to Ronald Road is to be removed and replaced with concrete or other approved treatment. e. The badly deteriorated paving adjacent to the gutter on Beach Boulevard, is a safety hazard and must be removed and replaced to T from the gutter. CalTrans - approval is required. f. The applicant shall remove and replace one-half of existing alley adjacent to project per Public Works standards. g. All Public Works fees shall be paid prior to issuance of building permits. h. Traffic Impact Fees shall be paid at the time of final inspection or certificate of occupancy. 13. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 14. 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. 15. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 16. All signs shall be brought into compliance with the Huntington Beach Ordinance Code prior to issuance of a Certificate of Occupancy. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. PC Minutes - 6/28/94 17 (pcm011) 4. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 5. The Planning Commission reserves the right to revoke Use Permit No. 94-2 and Conditional Exception 94-1 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. C. CONSENT CALENDAR C-1 PLANNING COMMISSION MINUTES DATED APRIL 19, 1994: A MOTION WAS MADE BY BIDDLE, SECOND BY RICHARDSON, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 19,1994, BY THE FOLLOWING VOTE:_ _. AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED C-2 PLANNING COMMISSION MINUTES DATED APRIL 26, 1994: A MOTION WAS MADE BY RICHARDSON, SECOND BY BIDDLE, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 26, 1994, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, Biddle NOES: None ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES NONE PC Minutes - 6/28/94 18 (pcm011) F. COMMUNITY DEVELOPMENT ITEMS Melanie Fallon, Director of Community Development, stated the City Council had received the Planning Commission's letter, regarding concerns and suggestions about the relationship of the two bodies. Council agreed to one suggestion of having the Chairperson or a designee attend Council meetings on significant appeal hearings. G. ADJOURNMENT A MOTION WAS MADE BY KERINS, SECOND BY GORMAN, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, JULY 12, 1994, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Kerins, Gorman, Dettloff, Richardson, NOES: Biddle ABSENT: Inglee, Newman ABSTAIN: None MOTION PASSED /kjl Planning mmission Chairperso PC Minutes - 6/28/94 19 (pcm011)