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HomeMy WebLinkAbout1994-09-21MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, SEPTEMBER 21, 1994 - 6:00 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBER: Jane Madera MINUTES: The August 24, September 7 and 14, 1994 minutes were continued. ITEM 1: RECONSIDERATION OF ZONING ADMINISTRATOR'S ACTION ON USE PERMIT NO.94-64 (TEMPORARY OUTDOOR EVENT) Applicant: Gaston Villalba 200 Main Street, Suite 201 Huntington Beach, CA 92648 Request: To permit a one day temporary outdoor event for a Chili Cook -Off with live musical entertainment and alcohol sales on October 15, 1994 from 9:00 AM to 6:00 PM pursuant to Section 9730.64 of the Huntington Beach Ordinance Code. Location: 321 Main Street (Area generally bounded by Main and 5th Streets and Olive and Orange Avenues). Jane Madera, staff planner, reported that this was a request for a one day temporary outdoor event permit located at the same site as the Farmer's Market on Friday afternoons in the Downtown area. This request is for one day event on October 15, 1994 for a chili cook off with live musical entertainment and alcohol sales. Staff stated that this project was approved two weeks ago without alcohol sales because the property owner did not authorize the alcohol request. Last week, the item was heard again so that the applicant could speak to the property owner and obtain approval for the alcohol sales. Again, the property owner did not authorize the request. Staff reported that now the property owner would permit the applicant to come forward and ask the Zoning Administrator to review the alcohol use. Staff reported that the communication from the Police Department was in opposition to the sale of alcohol at the site. Staff recommended approval with findings and conditions. Gaston Villalba, applicant, was present and stated that he had support from the downtown merchants and would comply with any restrictions that the Police Department would have. Natalie Kotch was present and stated that they would have personnel from Huntington Beach present at this event. She also stated that this was a benefit for the Surf Museum, that alcohol sales would be in a controlled gated area, and reiterated their position on alcohol sales for the event. She also stated that there would be a ten dollar fee charged at the door to keep undesirables out. Mike Strange, Zoning Administrator, requested to see the letter from the Police Department. He also asked Officer Feuerstein to go into detail on some of the reasons they recommended denial of alcohol sales at this event. Officer Feuerstein stated that the outdoor event was proposed with alcohol sales, live entertainment, and men's and women's bathing suit contests. He stated that these ingredients started the 1986 OP riot. He also stated that the Police Department has not authorized any officers to be present at this event and that 1,000 people in a confined area has potential for a difficult situation. He also stated that the Police Department has met with the City Council and the Planning Commission regarding the concerns that they have had in regulating alcohol sales in the downtown area. He also stated that the sponsor for this event has pending cases against them with the State Alcoholic Beverage Control Board and reiterated the potential for a dangerous situation and recommended denial of the alcohol sales for this event. Natalie Kotch stated that Budweiser would be donating O'Doules and soft drinks for this event and reiterated that there would not be a problem with crowd control. Mike Strange, Zoning Administrator, denied the alcohol sales at this event but approved the event itself. USE PERMIT NO. 94-64 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-64: 1. Use Permit No. 94-64 for the one (1) day temporary outdoor event for a chili cook -off with live entertainment on October 15, 1994 will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. There are no residences within the immediate vicinity of the project site and the event will last for one (1) day only. The even will not obstruct access to any other business in the area. b. Property and improvements in the vicinity of such use or building. The project is a temporary one (1) day even that will not effect or alter existing improvements in the area. ZA Minutes 9/21/94 2 2. The granting of Use Permit No. 94-64 will not adversely affect the General Plan of the City of Huntington Beach. The General Plan allows for temporary commercial uses of this nature. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 8, 1994 shall be the conceptually approved layout. 2. Fire access lanes shall be maintained. This condition requires the alley to be open at all times. If fire lane violations occur and the services of the Fire Department are required, the applicant shall be liable for expenses incurred. 3. Fire access lanes shall be a minimum width of twenty-four (24) feet. 4. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. This approval shall include necessary permits for temporary signs. 6. The applicant shall obtain clearance from the Public Liability Claims Coordinator, Administrative Services Department, and/or shall provide a Certificate of Insurance and Hold Harmless Agreement to be executed at least five (5) days prior to the event. 7. The use shall conform to the following: a. No alcohol shall be permitted at the site. b. A minimum of ten (10) porta-potties shall be provided on -site. C. A minimum of five (5) trash receptacles shall be provided on -site. d. A minimum of four (4) identifiable security guards shall be present from one hour before opening to one hour after closing. e. The hours of operation shall be from 9:00 a.m. to 7:00 p.m. only. The operation hours restriction includes set-up and clean-up time. INFORMATION ON SPECIFIC CODE REQUIREMENTS The event 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 Zoning Administrator reserves the right to revoke Use Permit 94-64 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 9/21/94 4. The applicant shall submit all future temporary outdoor even applications a minimum of ninety (90) days prior to the event. Failure to provide adequate notice may result in denial of the request. ITEM 2: USE PERMIT NO.94-68 (TEMPORARY OUTDOOR EVENT) Applicant: Paul Gardikas 91 Nightingale Drive Aliso Viejo, CA 92656 Request: To permit the operation of a 31 day pumpkin sale lot with petting zoo and amusement rides from October 1-31, 1994. Location: 7752 Warner Avenue Jane Madera, staff planner, reported that this application was a request for a temporary outdoor event for a 31 day pumpkin sale lot with amusement rides and petting zoo located on the corner of Warner and Oak Lane. Staff presented a site plan to the Zoning Administrator. Staff requested discussion with the applicant regarding access to the site as there is currently no curb cut to the site from Oak Lane. Staff recommended approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. The applicant, Paul Gardikas, was present and stated that the alley in the rear of the site was not improved and that there was no curb cut in this area for access to the site. He stated that in years past he has constructed a temporary access over existing curb using a four (4) inch pipe for drainage in the gutter covered by asphalt. Mike Strange, Zoning Administrator, stated that the applicant would need approval from Public Works for access to the site with the 4 pipe and asphalt. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO. 94-68 (TEMPORARY OUTDOOR EVENT)WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes 9/21/94 4 FINDINGS FOR APPROVAL - USE PERMIT NO, 94-68: 1. Use Permit No. 94-68 for a thirty-one (31) day temporary outdoor event for carnival rides and pumpkin sales will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The 31 day event is temporary in nature and will close no later than 9:00 p.m. each evening. The event will be separated from adjacent residential units by an alley and will provide sufficient parking on site. b. Property and improvements in the vicinity of such use of building. With the conditions of approval imposed, the applicant will be required to obtain approval from the Public Works Department to guarantee safe and adequate ingress and egress to the site from Oak Lane. 2. The granting of Use Permit No. 94-68 will not adversely affect the General Commercial General Plan Land Use Designation of the City of Huntington Beach which permits temporary commercial ventures of this nature. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT NO. 94-68: 1. The site plan received and dated September 1, 1994 shall be the conceptually approved layout. 2. Prior to the event, the following shall be completed: a. All necessary electrical permits shall be obtained. b. An on -site inspection by the Fire Department shall be required prior to the event. The applicant shall apply to the Fire Department for a Fire Department permit at least seven (7) days prior to the event to allow for this inspection and to allow sufficient time for final documents to be issued. The applicant shall also submit, along with the application, a detailed site plan indicating fire lanes, fire extinguishers, booths, rides, and large equipment locations. The applicant shall meet with a Fire Department representative at the time of issuance of the permit to receive approval of the submitted site plan. The site shall be inspected for compliance prior to 10:00 a.m. on the opening day. C. Prior to operation of any equipment used in conjunction with the amusement rides, the City shall be in receipt of State Certification and permits, showing inspection within one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. d. The Code Enforcement Section of the Community Development Department shall inspect the site for compliance with all conditions of approval prior to 10:00 a.m. opening day. ZA Minutes 9/21/94 e. The applicant shall submit written communication stating he is aware that the event will begin prior to appeal period expiration. He shall also state that in the event the application is appealed, all activity will immediately cease until the appeal process is exhausted. f. The proposed driveway access on Oak Lane shall be subject to review and approval of the Public Works Division. The applicant shall submit detailed plans identifying the temporary access construction. A copy of the approved access plan shall be submitted to the Community Development Department at least 24 hours prior to the start of the event. g. Fire extinguishers shall be required per Huntington Beach Fire Code. h. All driveway and parking areas shall be covered with decomposed granite or similar material for dust control. Temporary "No parking" signs shall be placed along Warner Avenue if the area is not already red curbed. j. The proposed tent/canopy shall be of fire retardant material. Proof of Certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. k. The applicant shall obtain all necessary permits and approvals from the Orange County Health Care Agency, Environmental Health Division. 1. Alcoholic beverage sales are subject to review and approval of the City of Huntington Beach and the Alcoholic Beverage Control Board and issuance of a license. m. At least five (5) days prior to the event, the applicant shall submit a $500.00 cash bond guaranteeing clean-up of the site, removal of the temporary driveway access from Oak Lane, and restoration of the public right-of-way to its original condition. 3. There shall be no storage trailers, equipment or vehicles associated with the event in the alley. 4. Any proposed fencing shall be constructed of chain link and shall be a maximum of six (6) feet high. All signs and their locations are subject to review and approval by the Department of Community Development. 5. There shall be a minimum ten (10) foot setback buffer around the perimeter of the site. 6. The designated parking area shall be for customers only. Employees shall park elsewhere on the site. ZA Minutes 9/21/94 6 7. Any outdoor lighting shall be designed and situated so that no light spills across any property line. 8. The hours of operation of the pumpkin sales lot shall be 9:00 a.m. to 9:00 p.m. The amusement ride hours at the pumpkin lot shall be Monday - Friday, 11:30 a.m. to 9:00 p.m. and Saturday - Sunday, 9:30 a.m. to 9:00 p.m. 9. All operations of the festival, including machinery other than necessary refrigeration units, shall desist between the hours of 9:30 p.m. and 8:00 a.m. Monday through Sunday. 10. Use of amplifiers, speakers, musical instruments, and playing of recorded music are to be discontinued as of 9:00 p.m. Monday through Sunday. 11. All activity on the site or clean-up activity off -site shall be shutdown by 10:00 p.m. Monday through Sunday. All activities shall conform to the provisions of the Huntington Beach Ordinance Code regarding noise. 12. No structures, booths, etc., shall be erected on the site sooner than one (1) week prior to the event, and all evidence of the activity (booths, rides, and other material) shall be completely removed from the site within five (5) days of closing of the event. 13. The applicant shall provide clean-up crews to clear the site and surrounding area of trash and debris twice daily; once in the morning and once in the evening. 14. All trash, debris, and garbage, as well as special dumpsters, shall be removed from the site within two (2) days of the closing of the festival. 15. In the event there are any violations of the foregoing conditions or any violations of life safety codes or the festival conditions, the festival activity will be terminated and not permitted to reopen. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The event shall comply with all applicable provisions of the Ordinance Codes, Building Division and Fire Department. 2. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances and standards. 3. The Zoning Administrator reserves the right to revoke Use Permit No. 94-68 if any violations of these conditions or the Huntington Beach Ordinance Code occurs. 4. The applicant shall submit all future temporary outdoor event applications a minimum of ninety (90) days prior to the event. Failure to provide adequate notice may result in denial of the request. ZA Minutes 9/21/94 7 ITEM 3: USE PERMIT NO.94-54 Applicant: Loren K. Bascoy 6361 Athena Drive Huntington Beach, CA 92647 Request: To establish a single family residence as a care facility for six (6) non -ambulatory elderly patients pursuant to Section 9730.48 of the Huntington Beach Ordinance Code. Location: 6361 Athena Drive Jane Madera, staff planner, reported that this was a request for a use permit to operate a care facility for six (6) or less non related persons on a 24 hour basis. Staff reported that the zoning code requires a use permit, although after scheduling of the public hearing, staff was asked by the applicant whether State law regarding these facilities supersedes the city zone ordinance. In response to this question, staff sent a request to the City Attorney for a reading on the State law on whether or not we have the authority to require approval of a use permit prior to the operation of the care facility. Staff stated that they have not received a response at this time, however, it may be possible that State law preempts the City zoning code and does not require applicants of this sort to get approval from the City to operate such a use. Staff reported that a legal opinion from the City Attorney's Office was expected shortly and staff recommended a two week continuance. THE PUBLIC HEARING WAS OPENED The following persons were present and spoke in opposition to this request in regards to the age of clients, ancillary deliveries, if there is any difference between a profit facility and a non-profit facility, parking situations, decreasing of property values, concern of children possibly getting into surgical trash, and inspection of facility: Owen Miller - 17292 Lido Lane Cindy Vaughn - 6331 Athena William Groves - 17261 Lido Lane Bob Kelly - Glen Barr - 6331 Athena Dennis Sweeney - 6328 Athena Gail Millsheimer - 6391 Athena Charles Vranek - 6441 Athena Louis Rodriguez - 6341 Athena Kenneth Williams - 6402 Athena Linda Yamamoto - 6372 Athena Toni Stoddard - 17291 Lido Lane Noel Crow - 6332 Athena Ben Contreras - 17271 Lido Lane Sharon Brower - 17312 Lido Lane ZA Minutes 9/21/94 8 Cliff Davis - 6302 Athena Joseph Capaceima - 6371 Athena Cynthia Walker - 17321 Gurney Lane Yvonne Connors - 17362 Destry Circle Dr. F. M. Altig - 17362 Madera Lane The applicant's attorney, John Gustafson, was present and spoke in favor of this request. THE PUBLIC HEARING WAS CLOSED USE PERMIT NO. 94-54 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE OCTOBER 6,1994 ZONING ADMINISTRATOR MEETING. ITEM 4: USE PERMIT NO.94-33 Applicant: Patrick Chiu Patrick Chiu and Associates 13523 Francisquito Avenue, Suite B Baldwin Park, CA 91706 Request: To permit an exterior facade remodel and site improvements to an existing commercial retail shopping center. Location: 15672-15976 Springdale Street Jane Madera, staff planner, reported this was a request to permit an exterior facade remodel at an existing shopping center located at the northeast corner of Springdale and Edinger. Staff presented a site plan with photographs of the site. Staff reported that the parking and landscaping requirements would be met and that the Design Review Board had reviewed the proposal. The Design Review Board continued the item until after the Zoning Administrator hearing and requested that the applicant incorporate some design elements from the existing Mediterranean style care wash at the corner of the site. Staff recommended approval with findings and conditions including installing tree wells every ten (10) parking spaces and closure of an existing driveway on Edinger to improve circulation and reduce traffic conflicts. THE PUBLIC HEARING WAS OPENED. The applicant, Patrick Chiu, was present and stated that the owner of the property has recently lost two of the tenants at this center, but still wants to continue with this project even through it presents a financial hardship. He also stated that replacing the wall signs would present a hardship, and requested to gradually change these signs to conform to the sign ordinance. He also stated that the parking lot was recently paved and spoke in opposition to putting in the required tree wells and closure of the driveway in front of the Jungle Video store. ZA Minutes 9/21/94 9 There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO. 94-33 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-33: Use Permit No. 94-33 to permit an exterior facade remodel and site improvements to an existing retail commercial shopping center will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The facade improvements will aesthetically improve the center and with the conditions of approval imposed, will improve landscaping, require trash enclosures, and improve circulation on the site by closing a driveway and re -striping the parking lot. b. Property and improvements in the vicinity of such use or building. 2. The granting of Use Permit No. 94-33 will not adversely affect the General Plan of the City of Huntington Beach. The exterior facade remodel is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: The site plan, floor plans, and elevations received and dated August 12, 1994 shall be the conceptually approved layout with the following modifications: a. The site plan shall include a minimum twenty-six (26) foot back-up for each and every row of parking. b. The drive aisle between the stores and the first row of parking in front of the stores shall be a minimum of twenty-seven (27) feet. C. The driveway on Edinger Avenue just west of the Jungle Video store shall be closed and replaced with landscaping, new sidewalk, curb and gutter. d. All trash bins shall be depicted as trash enclosures with six (6) foot tall walls on three (3) sides and a gate on the fourth side. Trash enclosures shall meet setbacks and shall not block any required driveways or back-up areas. ZA Minutes 9/21/94 10 e. The site plan shall include a striping detail to conform with the provisions of Diagram A of Article 960 of the Huntington Beach Ordinance Code. f. The site plan shall include one (1) tree well every ten (10) parking spaces throughout the site. 2. A revised site plan shall be submitted depicting the modifications described above. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. Revised elevations incorporating design elements from the adjacent car wash building. Elevations, colors, and materials shall be subject to review and approval of the Design Review Board. b. A Planned Sign Program identifying a uniform signage program for both freestanding and wall signage. The Planned Sign Program may propose phasing of wall sign replacement but final approval shall be subject to the Director of the Community Development Department. 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 Landscape Construction Set submitted to the Department of Public Works. 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. e. All applicable Public Works fees shall be paid prior to issuance of building permits. 4. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 5. Fire Department Requirements: a. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. b. 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. ZA Minutes 9/21/94 11 6. Driveway approaches shall be a minimum of twenty-seven feet (27) in width and shall be of radius type construction. 7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 8. 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. 9. 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. 10. During construction, the site shall be posted with signage prohibiting construction operation on Sundays, Federal holidays and between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday. 11. Any future remodel of Mario's Restaurant shall conform to this remodel plan and be consistent with the approved building elevations. 12. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space 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. 13. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS 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 major identification sign shall be removed or altered to comply with Article 961 prior to final inspection. 4. Landscaping shall comply with Section 9607 of the Huntington Beach Ordinance Code. 5. Prior to final inspection the applicant shall restripe the entire parking lot so that it conforms to provisions of Article 960 of the Huntington Beach Ordinance Code. 6. The Zoning Administrator reserves the right to revoke Use Permit 94-33 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 9/21/94 12 ITEM 5: USE PERMIT NO.94-47 Applicant: Iraj Yazdani 17501 Beach Boulevard Huntington Beach, CA 92647 Request: To permit an automotive vehicle sales business, in addition to an existing Insta- Tune vehicle repair business, to operate at a former gas/service station pursuant to Section 9220.1 (c) of the Huntington Beach Ordinance Code. Location: 17501 Beach Boulevard Jane Madera, staff planner, reported that this was a request to establish a vehicle sales lot at a former gas station on the southwest corner of Beach Boulevard and Slater Avenue. Staff reported that the applicant has been in operation with the sales lot without benefit of city permits for approximately five months. Staff reported that the use of this property as a vehicle sales lot requires approval of a use permit and presented a site plan of the project. Staff stated that substantial improvements to the site are required before the former gas station will comply with the code requirements for a vehicle sales lot. There is an existing Insta-Tune vehicle repair business at the site and parking, landscaping, and access considerations for both businesses must be taken into account when designing the project. Staff recommended that the Zoning Administrator impose specific timing requirements for construction of the necessary improvements such as new landscaping, removal of pump islands and canopies, restripping the parking lot, closure of existing driveways and reconstruction of sidewalk, curb, and gutter surrounding the project. Staff stated that the applicant must obtain a business license and recommended strong language in the conditions of approval to schedule the use permit for immediate revocation in the event that any of the required improvements are not completed within the allotted time frame. Staff recommended approval with findings and conditions. THE PUBLIC HEARING WAS OPENED. The applicant, Iraj Yazdani, was present and concurred with staff s recommendation. The applicant's representative, Steve (last name unknown), was present and requested leniency on construction of the required improvements so the applicant could run the business with a minimum of expense. Jane Madera reiterated the recommendation for specific timing for construction of the site improvements and stated again the applicant has been operating without City permits or entitlements for five (5) months. There were no other persons present to speak for or against this request. THE PUBLIC HEARING WAS CLOSED. ZA Minutes 9/21/94 13 USE PERMIT NO. 94-47 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL -USE PERMIT NO. 94-47: 1. Use Permit No. 94-47 for the establishment, maintenance and operation of the automotive vehicle sales business will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. Two (2) existing driveways will be closed and replaced with sidewalks, curbs and gutters to reduce points of ingress and egress to the street and to reduce potential conflicts between vehicles and pedestrians. The site will also be improved with additional landscaping and will provide the code required parking for both the existing Insta- Tune business and the vehicle sales business. b. Property and improvements in the vicinity of such use or building. The project will alter existing improvements in the area by closing two (2) driveways and widening two (2) others for better on -site and off -site circulation. 2. The granting of Use Permit No. 94-47 will not adversely affect the General Plan of the City of Huntington Beach. The automotive vehicle sales business is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan. SPECIAL CONDITIONS OF APPROVAL: 1. The site plan, floor plans, and elevations received and dated August 15, 1994 shall be the conceptually approved layout with the following modifications: a. All existing canopies, concrete pump islands and the money collecting tray on the exterior of the east building elevation shall be designated "to be removed". The area beneath the pump islands shall be re -asphalted and the building wall underneath the collection tray shall be re -stuccoed or painted to match existing building colors and materials. b. The site plan shall be revised to mirror the parking layout dated September 14, 1994 as presented to the Zoning Administrator by staff. The parking layout shall include six (6) standard size parking stalls and one (1) handicapped stall perpendicular to the west property line. There shall be three (3) stalls perpendicular to and three (3) stalls parallel to the south property line. There shall be one (1) stall parallel to the east building wall and one (1) stall parallel to the west building wall for a total of fifteen (15) parking spaces. ZA Minutes 9/21/94 14 C. A parking stall striping detail (double hair pin) in conformance with Diagram A of Article 960 - Off Street Parking And Landscaping shall be provided on the site plan. 2. A revised site plan shall be submitted depicting the modifications described above. 3. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space 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. 4. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. 5. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A Landscape Construction Set submitted to the Department Public Works. 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. b. The subject property shall grant an irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties to the south and west. 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. C. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. Installation of required landscaping, irrigation systems, new driveways, sidewalks, and on - site improvements, such as removal of pump islands, canopies, and restripping the parking lot shall be completed within ninety (90) days of this approval action. The applicant shall request a final inspection of the site by December 20, 1994. 7. The applicant/owner shall be responsible for payment of Traffic Impact fees prior to final building permit approval. ZA Minutes 9/21/94 15 8. Fire Department Requirements: a. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. b. 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. 9. Applicant shall pursue CalTrans approval of radius type driveways on Beach Boulevard. 10. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. 11. Driveway on Beach Boulevard shall have a minimum width of thirty feet (30'). 12. There shall be no outside storage of vehicle parts, equipment or trailers. 13. All repair work shall be conducted wholly within the building. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS 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. 4. The Zoning Administrator shall schedule a revocation of Use Permit 94-47 if all the improvements identified on the revised site plan and required by these conditions of approval are not in place prior to the dates specified or if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 9/21/94 16 LJ THE MEETING WAS ADJOURNED AT 8:20 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMITTRATOR ON WEDNESDAY, SEPTEMBER 28, 1994 AT 6:00 PM. Mike Strange Zoning Administrator 1p ZA Minutes 9/21/94 17