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HomeMy WebLinkAbout1995-02-14MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, FEBRUARY 14, 1995 Council Chambers - Civic Center 2000 Main Street Huntington Beach, California STUDY SESSION - 6:00 PM INFILL LOT DEVELOPMENT STANDARDS -Mike Strange, Senior Planner CODE AMENDMENT NO. 93-1 (ELLIS-GOLDENWEST PARK SITE) - Herb Fauland, Associate Planner AGENDA REVIEW REGULAR MEETING - 7:00 PM PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker 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 CONDITIONAL USE PERMIT NO. 94-24/CONDITIONAL EXCEPTION (VARIANCE) NO. 94-35 (CONTINUED FROM THE JANUARY 24, 1995 PLANNING COMMISSION MEETING) APPLICANT: Union Oil Company of California, 17700 Castleton Street, Suite 500, City of Industry, California 91748 LOCATION: 16971 Goldenwest Street (Northwest corner of Goldenwest Street and Warner Avenue) Conditional Use Permit No. 94-24 and Conditional Exception (Variance) No. 94-35 represent a request by Union Oil Company of California to remove existing service station structures and construct a new foodmart with alcoholic beverage sales, a one -bay car wash, a kiosk, pump islands and canopy and replace the underground storage tanks. These applications were continued from the January 24, 1995 Planning Commission meeting to allow staff to revise a condition pertaining to the dedication of land for a right turn only lane and to allow the applicant to have further discussions with the adjacent property owner about reciprocal access between the two (2) properties. Staff and the applicant have developed a condition for the dedication requirement that incorporates a 10 year sunset clause. Agreement about reciprocal access has not been achieved. As an alternative, a smaller size project is proposed for Planning Commission consideration. STAFF RECOMMENDATION: Staff recommends approval of Conditional Use Permit No. 94-24 and Conditional Exception (Variance) No. 94-35 with findings and conditions of approval. The Commission questioned staff as to the determination of daylight hours and justification for the right hand turn lane. Staff stated that the daylight hour determination could be determined by the Commission and stated in the conditions of approval. Jim Otterson, Traffic Engineer, addressed the justification for the right hand turn lane. He stated that a study had been done, and the numbers showed that the amount of turns made at that intersection more than justified the need for the lane. THE PUBLIC HEARING WAS OPENED. Gene Du, 6937 Warner Avenue, adjacent business owner, spoke in opposition to the foodmart receiving a liquor license. PC Minutes - 2/14/95 2 (PCM023) Scott Peotter, 17510 Von Karman Avenue, Irvine, representing applicant, stated that they had come to a resolution on the conditions of approval in question at the last meeting. He also stated that he would accept the hours of operation not to exceed 8:00 PM and the request to have an attendant at the exit of the car wash. 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 LIVENGOOD, TO APPROVE CONDITIONAL USE PERMIT NO.94-24 AND CONDITIONAL EXCEPTION (VARIANCE) NO.94-35 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO 94-35: 1. The granting of Conditional Exception (Variance) No. 94-35 for no minimum three (3) foot wide interior landscape planter along a 67 foot portion of the north property line adjacent to the car wash structure will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. The applicant will provide vine planting material on the north face of the blockwall on the property line which will serve as a buffer between properties. 2. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. Site layout for the subject property is constrained by the location and number of driveway openings on the site which are required for adequate circulation between properties and from the subject property to the public street. 3. The granting of this conditional exception (variance) from Section 232D.5.a of the Huntington Beach Zoning and Subdivision Code will not defeat the general purposes or intent of the code which is to provide aesthetically pleasing development via adequate landscaping. In lieu of the interior landscape planter on a portion of the north property line, the applicant will provide landscape treatment on the blockwall. Moreover, the applicant is providing more total landscaping on the site than is currently required by the Code. PC Minutes - 2/14/95 3 (PCM023) 4. The granting of Conditional Exception (Variance) No. 94-35 will not adversely affect the General Plan of the City of Huntington Beach. The project will provide more landscaping than is currently required by the City, especially in areas that are visible from the public right-of-way. The applicant is willing and able to carry out the purposes for which the conditional exception (variance)/conditional use permit is sought and he will proceed to do so without unnecessary delay. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.94-24: 1. The granting of Conditional Use Permit No. 94-24 is consistent with Commercial General designation of the General Plan which provides for commercial uses such as a gas station with foodmart and car wash. 2. The location, site layout and design of the proposed gas station, foodmart and car wash properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project has adequate on -site circulation between uses on the site and will provide landscaping treatment along property lines to serve as a buffer between properties. 3. The circulation and access to and parking for the proposed gas station with foodmart and car wash does not create an undue traffic problem. The applicant will close the southernmost driveway opening on Goldenwest Street which will improve circulation on and off the site, and an adequate number of parking spaces is being provided. CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 94-24/ CONDITIONAL EXCEPTION (VARIANCE) NO. 94-35: The site plan, floor plans, and elevations received and dated November 17, 1994 shall be the conceptually approved layout, should a reciprocal access agreement pursuant to Condition No. 3.b. be entered into. If such agreement is not achieved prior to issuance of building permits, the applicant will submit a revised site plan, floor plans and elevations showing a reduced foodmart building with a total size not exceeding 1,150 square feet or deletion of the car wash structure. 2. Prior to issuance of grading permits the following shall be completed: a. A Landscape Construction Set shall be submitted to the Department of Public Works for review and approval. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and 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. Landscape and irrigation plans shall be approved by the Parks, Trees & Landscape Division of the Public Works Department. The developer shall use "drought tolerant" plants and turf for all landscaping. PC Minutes - 2/14/95 4 (PCM023) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. c. A National Discharge Pollution elimination System (NPDES) permit will be obtained, if required. 3. Prior to issuance of building permits, the following shall be completed: a. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. b. The subject property shall enter into irrevocable reciprocal access easement between the subject site and adjacent property if the plan dated November 17, 1994, is developed. If the alternative down sized project is developed then an irrevocable offer for a reciprocal access easement will be required. A copy of the legal instrument shall be approved by the Community Development Department and 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. c. A landscape easement with the adjacent property owner shall be prepared and approved to allow for vine planting material on the north wall face, or the wall on the north property line shall be set back six (6) inches to 12 inches from the property line to allow for vine planting material on the north wall face with bubbler irrigation and a six inch curb (if 12 inch setback). d. Indicate on plans that 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. e. A grading plan shall be submitted to the Department of Public works for review and approval. f. For purposes of a future `right turn only lane', the developer shall execute an irrevocable offer to dedicate to the City, in the form of an easement, a strip of land ten (10) feet wide along Goldenwest Street and curving along a 32 foot radius southwesterly joining the existing Warner Avenue right-of-way (the `offer'). The `offer' shall be in effect for a period of ten (10) years from the date of execution of the `offer.' If the `offer' is accepted by the City on -site modifications, including parking and landscaping, will not be required by this proposed development. In addition, the reduced landscaped planter of this proposed development along Goldenwest Street as a result of the `offer' PC Minutes - 2/14/95 5 (PCM023) improvements will be acceptable in size and the area of the `offer' will be considered landscape area for compliance with the Code for any future development on the site. Any future structures (buildings, canopies, pump islands, etc.) must comply with the setback requirements as measured from the ultimate right-of-way property line after the `offer' is accepted. This condition shall be made part of the instrument for the `offer' and will run with the land for the duration of the `offer'. g. A plan showing water system improvements in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria shall be submitted and must be approved by the Public Works Division. 1. The water improvements shall be designed per the City of Huntington Beach Water Division's design criteria and installed per the City of Huntington Beach Water Division's Standard Plan and Specifications. 2. The proposed car wash and foodmart shall share a separate 2" domestic water service per Water Division Standard Plan 603-B. Backflow protection is required per Water Division Standard Plan 609. 3. The existing one (1) inch water service shall be utilized as an irrigation service. Backflow protection is required per Water Division Standard Plan 608. h. All backflow devices shall be identified on the site plan and painted to match the surrounding aesthetics. The marking, indicating the size, model number and serial number, shall be permanently affixed to the body of the backflow device and must remain visible after painting. i. Note on plans: Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. j. Note on plans: Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. k. Note on plans: Address numbers will be installed to comply with City Specification 9428. The size of the numbers will be the following: 1. The number for the building will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. 4. A planned sign program shall be submitted and approved for all signing. Said program shall be approved prior to the first sign request. PC Minutes - 2/14/95 6 (PCM023) 5. 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. 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. 7. Prior to final inspection 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. Remove existing southerly driveway on Goldenwest Street and replace with curb, gutter and sidewalk. d. All existing driveways shall be modified to conform to Standard Plan 21 IA & B (radius type). e. Grates and under walk drains will be required if it is determined that the additional water generated by the car wash causes damage to the asphalt at driveway locations. f. 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. 8. The use shall comply with the following: a. Fuel dispensing shall comply with Huntington Beach Fire Code Article 79. PC Minutes - 2/14/95 7 (PCM023) b. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. c. Working on vehicles shall be prohibited. d. Hours of operation for the car wash shall be limited to between 7:00 AM - 8:00 PM daily. e. No signage advertising the sale of alcoholic beverages shall be permitted. 9. Police Department requirements are as follows: a. Pay phones, if provided on -site, shall only be located at the south end of the foodmart building. 10. The Planning Commission reserves the right to revoke Conditional Use Permit No. 94- 24/ Conditional Exception No. 94-35 if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance occurs. 11. This Conditional Use Permit No. 94-24/ Conditional Exception No. 94-35 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 Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. CODE REOUIREMENTS: 1. The development shall comply with all applicable provisions of the Ordinance Code, Building and Safety Division, and Fire Department. 2. All applicable Public Works fees shall be paid. 3. Traffic impact fees shall be paid at the time of final inspection or certificate of occupancy. 4. An encroachment permit shall be required for all work within public right-of-way. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. construction shall be prohibited Sundays and Federal holidays. 6. All signage shall conform to the Huntington Beach Zoning and Subdivision Ordinance. 7. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinance, and standards. PC Minutes - 2/14/95 8 (PCM023) B-2 REVISION TO CONDITIONAL USE PERMIT NO. 93-8: APPLICANT: Mr. Robert Kojima, 300 Pacific coast Highway, Suite 112, Huntington Beach, CA. 92648 LOCATION: 300 Pacific Coast Highway On June 1, 1994, the Planning Commission approved Conditional Use Permit No. 93-8 which established Mr. K's Karaoke. The owner of Mr. K's Karaoke is requesting the Planning Commission to modify two conditions of approval; one which restricts serving alcohol beverages to the lounge area. The owner is requesting to permit serving alcohol beverages in the VIP Room. The VIP Room is clearly visible from the lounge/food serving area and will be restricted to persons 21 years and over. The applicant has also requested to delete the condition which prohibits dancing. The karaoke establishment does not have a designated dance floor and the lounge area is not big enough to provide one. STAFF RECOMMENDATION: Staff supports the applicant's request because: The serving of alcohol beverages in the VIP Room will be easily monitored from the lounge and food serving area. The karaoke establishment does not have nor does the applicant intend to construct a designated dance floor. THE PUBLIC HEARING WAS OPENED. Robert Kojima, applicant, spoke in support of staffs recommendation. He stated he 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 TILLOTSON, SECOND BY KERINS, TO APPROVE THE MODIFICATION OF CONDITION NOS. 3.c. AND 3.e. OF CONDITIONAL USE PERMIT NO.93-8 WITH FINDINGS AND REVISED CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/14/95 (PCM023) 0 REVISED FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 93- 8 R: 1. All zoning requirements will be complied with including parking.. 2. Permitting the serving of alcohol beverages in the VIP Room and deleting the restriction on dancing will not adversely affect the General Plan designation of Mixed Use. 3. No complaints have been received regarding the existing karaoke establishment. REVISED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 93-8 R : 1. All previous approved conditions of approval shall remain in effect, except the following two (2) which shall be modified as follows: 3.c. Consumption of alcohol beverages shall be restricted to the lounge area and the VIP Room. 3.e. Live music shall be prohibited. 2. Prior to the sale of alcoholic beverages in the VIP Room, a copy of the Alcohol Beverage Control Board license shall be submitted to the Department of Community Development. B-3 VARIANCE NO. 94-37: APPLICANT/ PROPERTY OWNER: James D. Glenn, 507 19th Street, Huntington Beach, CA 92648 LOCATION: 706 Joliet Avenue (southeast corner of Joliet Avenue and Florida Street The applicant proposes to construct a new four (4) unit apartment project on a 6,885 square foot parcel. Variance No. 94-37 is a request to allow a portion of the building to encroach into the required exterior corner visibility area and to permit vehicular access from a common driveway located on Joliet Avenue and from the alley at the rear of the property. PC Minutes - 2/14/95 10 (PCM023) STAFF RECOMMENDATION: Staff supports the variance requests for the following reasons: ♦ The property width does not accommodate development in compliance with the access requirements of Article 960, Off-street Parking, Loading and Landscaping. ♦ Properties in the vicinity are developed in a similar manner with both local street and alley access. ♦ The proposed development plan creates a safe circulation pattern for the site and vicinity. ♦ The proposed site plan with the center parking area access allows residents to see each others garage doors thereby, reducing burglary and auto theft. ♦ The proposed site plan allows the apartment development to be two stories which is compatible with the one and two story building height in the vicinity rather than two stories over garages. ♦ The sidewalk will be constructed adjacent to the curb, and the visibility area will be enhanced by the landscaped parkway adjacent to the subject site. ♦ The encroachment as modified by staff will allow pedestrian and motorist visibility. ♦ There is a stop sign on this corner that ensures safe and efficient vehicular and pedestrian movements. THE PUBLIC HEARING WAS OPENED. Kaz Begovich, 3821 Long Beach Boulevard, Long Beach, designer for the project, stated that he supported star s recommendation, and 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 BIDDLE, SECOND BY TILLOTSON, TO APPROVE VARIANCE NO.94-37 WITH FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Gorman, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: None ABSTAIN: None MOTION PASSED PC Minutes - 2/14/95 11 (PCM023) 1 FINDINGS FOR APPROVAL - VARIANCE NO. 94-37: 1. There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. The site is a corner lot that is 54 feet in width; the minimum width for new parcels is 60 feet wide. 2. The granting of a variance for local street in addition to alley access is necessary in order to preserve the enjoyment of one or more substantial property rights. The variance will allow a site plan layout compatible with the layout and access afforded to surrounding properties. 3. The granting of Variance No. 94-37 for local street in addition to alley access and for building encroachment will not be materially detrimental to the public health, safety and welfare, or injurious to property in the same zone classification. The landscaped parkway adjacent to the subject property enhances the visibility area. The proposed site plan with local street and alley access allows for adequate public visibility which will reduce potential auto theft and burglary on the site. 4. The variances for local street in addition to alley access and building encroachment into the corner visibility area are consistent with the following goals and objectives of the of City's General Plan. a. Encourage and maintain a well balanced variety of residential densities and uncrowded living environments by: 1. Encouraging rational use of land and other resources. 2. Encouraging development of neighborhoods that are available and attractive to diverse economic groups. 3. Insuring adequate open space in all residential areas. (Land Use Element 3.4.2.7) b. Provide and maintain a quality living environment so that members of all economic, social, and ethnic groups may reside in Huntington Beach by: 1. Providing a variety of housing types in all areas of the City. 2. Providing an adequate level of community services, facilities, improvements, and maintenance in all areas of the City. (Land Use Element 3.4.2.5) 5. The granting of this variance from Section 9603.5 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide a safe, efficient circulation pattern. PC Minutes - 2/14/95 12 (PCM023) CONDITIONS OF APPROVAL - VARIANCE NO. 94-37: 1. The site plan received and dated January 12, 1995 shall be the conceptually approved layout with the following modification: a. Building A shall be designed so that no portion other than architectural features, encroaches with ten (10) feet of the property line. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three (3) copies of the site plan to the Planning Division for addressing purposes b. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. f. Elevations shall depict colors and building materials proposed. g. 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. h. 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. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. PC Minutes - 2/14/95 13 (PCM023) 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 and which includes all proposed/existing plan 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 Chapter 232 of the Zoning and Subdivision Ordinance. The set must be approved by both departments prior to issuance of building permits. 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. c. Proof of legal building site status shall be submitted to the Department of Community Development. This may be accomplished by submitting a Certificate of Compliance or a copy of a recorded Parcel Map. (A Tentative Parcel Map approved by the Zoning Administrator is a prerequisite to recordation of a Parcel Map.) d. Dedication of 15 foot radius at the corner of Florida Street and Joliet Avenue and two and one-half (2-1/2) foot alley dedication. e. A lighting plan shall be submitted to Community Development depicting exterior lighting adjacent to the alley. Said lighting shall be high-pressure, sodium vapor or similar energy saving lamps and shall be directed to prevent "spillage" onto adjacent properties. 4. The Public Works Department Requirements are as follows: a. Construct sidewalk on Florida Street and Joliet Avenue (5 feet wide, adjacent to the curb). b. Construct wheelchair ramp. c. Construct new driveway on Joliet Avenue. d. Construct full width concrete alley apron. e. Construct 1/2 cross gutter similar to 1001 Florida Street. PC Minutes - 2/14/95 14 (PCM023) f. Remove and replace curb return with 25 foot radius. g. Remove existing driveway on Florida Street. h. Remove and replace existing curb and gutter using 2.00 foot gutter. i. Remove and replace 1/2 alley. j. Damaged and deteriorated paving on Joliet Ave. and Florida Street, adjacent to the project boundary, shall be reconstructed per Public Works requirements. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department. 6. 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. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within 12 months. 8. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be accomplished. 9. Landscaping adjacent to the entrance of Unit #4 shall allow visibility between 36 inches and seven (7) feet in height. 10. The Planning Commission reserves the right to revoke this variance if any violation of these conditions or the Huntington Beach Ordinance or Municipal Code occurs. CODE REQUIREMENTS 1. All applicable Public Works fees shall be paid. 2. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays 3. Traffic Impact Fees shall be paid at the time of final inspection or certificate of occupancy. 4. An encroachment permit shall be required for all work within the public right-of-way. PC Minutes - 2/14/95 15 (PCM023) C. CONSENT CALENDAR NONE D. NON-PUBLIC HEARING ITEMS NONE E. PLANNING COMMISSION ITEMS/INOUIRIES Commissioner Gorman - questioned staff regarding the special studies item no. 15 on the Advance Planning pending item list. Staff stated that this item referred to the Naval Weapon Station proposal a couple of years ago to expand a dock to load vessels. There is no further development at this time but staff is monitoring for future developments. Commissioner Tillotson - questioned staff regarding Item B-3 on tonight's agenda. She asked if staff had informed the applicant that if the street access had not been requested, they would not have had to apply for a variance. Staff stated that the applicant had been made aware of that fact, and all the regulations involved. F. COMMUNITY DEVELOPMENT ITEMS F-1 PLANNING COMMISSION ITEMS FOR THE NEXT MEETING Scott Hess, Senior Planner, listed the items scheduled before the Planning Commission on February 28, 1995. F-2 CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Howard Zelefsky, Planning Director, restated actions taken at the February 6, 1995 City Council meeting. PC Minutes - 2/14/95 16 (PCM023) 1 G. ADJOURNMENT A MOTION WAS MADE BY INGLEE, SECOND BY SPEAKER, TO ADJOURN TO A 5:30 PM STUDY SESSION TUESDAY, FEBRUARY 28, 1995, AND THEN TO THE REGULARLY SCHEDULED MEETING AT 7:00 PM, BY THE FOLLOWING VOTE: AYES: Biddle, Livengood, Inglee, Kerins, Tillotson, Speaker NOES: None ABSENT: Gorman ABSTAIN: None MOTION PASSED /kjl PC Minutes - 2/14/95 17 (PCM023)