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HomeMy WebLinkAbout1995-08-09MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 9,1995 - 1:30 P.M. ZONING ADMINISTRATOR: Michael Strange STAFF MEMBERS: Susan Pierce, Robert Franklin, Jane Madera, Mary Beth Ormsby, Lisa Koch MINUTES: None ITEM 1: CONDITIONAL USE PERMIT NO. 95-55 Applicant: William Pettett Property Owner: Viola B. Murray, 8081 Bolsa Avenue, Midway City, CA 92655 Request: To permit a temporary parking lot for Beach Motors' employees. Location: 7930 Slater Avenue (vacant lot on the south side of Slater Avenue approximately 130 feet east of Beach Boulevard) Susan Pierce, staff planner, stated that this was a request to permit the use of a vacant lot, located at 7930 Slater Avenue, as a temporary parking lot for Beach Motors' employees for a five (5) year period. Staff presented site plan of the project and noted that the lot is 56-1/2 feet wide and 125 feet deep with a 30 foot wide driveway. Ms. Pierce stated that a development screening wall currently exists and that it should not be considered a retaining wall. Staff recommended approval of this request with suggested conditions of approval. It was recommended that an eight (8) foot high wall be constructed along the west property line to screen and buffer the proposed use from the adjacent manufactured home park. The most southern parking space should be marked with stripes to be used as a turn -around area. Staff also recommended that irrigated landscaping be installed. Additionally, it was recommended that a vinyl clad chain -linked fence be erected on the east and south property lines to secure and provide visibility to the parking lot, and parking be limited to employees between the hours of 7:00 a.m. and 8:00 p.m. only. r THE PUBLIC HEARING WAS OPENED. William Pettett, applicant, stated that he believed the block wall was a retaining wall. He was concerned about the overall cost to construct a new retaining wall. Mike Gilligan, General Manager of Beach Motors, was present to speak. He clarified that Beach Motors was undergoing a large expansion and that the use of the vacant lot for employee parking was an economical solution. It was stated that on -site parking is not always available due to the fluctuation of in -coming new cars and that his goal was to provide a safe area for his employees to park. Mr. Gilligan spoke of two (2) items of concern. The first item was that of irrigation, due to the fact that a property water meter does not exist on the vacant lot. The second item was the recommended need of a replacement block wall and the costs that would result. Melodic Harrington, adjacent neighbor, was present to speak on three (3) items of concern. The first item was the additional traffic that would be generated on Slater. Secondly, she asked for clarification to make certain the vacant lot would only be used for employee parking and not for the unloading of trucks. The last item of concern was to make sure there would be security available for employees walking to and from the lot. Ronald Harrington, adjacent neighbor, was also present to speak. He was pleased that the vacant lot was going to be cleared of weeds and debris. His only concern focused on security and the possibility of vagrants settling on the property. Randy McLeod, owner of the property on the west side of the vacant lot, was present and questioned if a new retaining wall would be constructed or if the existing wall would be built up. He stated that he preferred either an eight (8) foot retaining wall be constructed or a six (6) foot wall with grading. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Zoning Administrator, asked the applicant to respond to items of security and lot use. Mr. Pettett stated that an eight (8) foot high slatted fence would be erected and that the lot would be used for employee parking only, during the day shift which begins at 7:30 a.m. Mr. Strange stated that hardscaping in the form of decorative paving materials could be used in place of landscaping to avoid the additional costs of a meter. CONDITIONAL USE PERMIT NO.95-55 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 8/9/95 2 (min0809) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-55: 1. The establishment, maintenance and operation of a temporary parking lot for employee parking will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because: a. The temporary parking lot will replace a vacant parcel and will include a paved surface, an 8 ft high slated fence along the west property line to screen existing mobile homes from the temporary parking lot. b. The temporary parking lot will be used only during specified hours of operation. c. A new sidewalk will be installed to allow safe access along Slater Avenue. d. No vehicles will be parked on the site overnight. 2. The granting of the conditional use permit will not adversely affect the General Plan. The Commercial General Land Use designation allows the type of commercial activity proposed. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-55: 1. The site plan received and dated July 19, 1995, shall be the conceptually approved layout with the following modifications: a. replace the southernmost 90 degree parking space with a turnaround area. b. parallel parking spaces shall be revised to comply with the striping requirements of Chapter 231 of the Zoning and Subdivision Ordinance. 2. Prior to issuance of a grading permit, a landscape plan shall be submitted to the Department of Community Development and Public Works for review and approved. The plan shall depict decorative paving materials or landscaping (plant materials) with an irrigation system. 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 Chapter 232 of the Zoning and Subdivision Ordinance. 3. A grading plan shall be submitted to the Department of Public Works for review and approval. 4. The applicant shall construct a new sidewalk along Slater Avenue frontage. ZA Minutes 8/9/95 3 (min08O9) 5. The applicant shall construct a new driveway at the existing curb depression. 6. An 8 feet high slatted, vinyl clad chain link fence shall be constructed along the west property line. 7. The existing chain link fence along the east and south property lines shall be replaced with a six feet high, vinyl clad chain link fence. The entrance to the temporary parking lot shall be secured by chain or cable when not in use. 9. Use of the temporary parking lot shall be restricted to employee parking. No vehicle storage shall be permitted. 10. The hours of operation shall be limited to 7 a.m. - 8 p.m. daily. 11. No vehicles shall remain on the site over night. 12. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and applicable Chapters of the Zoning and Subdivision Ordinance. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 95-55 may become null and void. 13. Conditional Use Permit No. 95-55 shall be valid for 5 years from date of final approval. INFORMATION ON SPECIFIC CODE REQUIREMENTS The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 2. All applicable Public Works fees shall be paid. An encroachment permit shall be required for all work within the street right-of-way. 4. Parking lot striping shall be in conformance with Chapter 231 of the Zoning and Subdivision Ordinance. 5. Conditional Use Permit No. 95-55 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 Director pursuant to a written request submitted to the Planning Division a minimum of 30 days prior to the expiration date. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-55 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ZA Minutes 8/9/95 4 (min08O9) ITEM 2: CONDITIONAL USE PERMIT NO.95-64 Applicant/ Property Owner: Seacliff Partners, 100 Broadway, Suite 100, Santa Monica, CA 90401 Request: Mass grading permit for the 45 acre area which involves grading 235,000 cubic yards of cut and fill,with materials balanced on -site. Location: West of Golden West Street between Garfield and Clay Avenues Robert Franklin, staff planner, stated that this was a request to undergo mass grading of the 45 acre area, located west of Golden West Street between Garfield and Clay Avenues, from its original condition. Mr. Franklin stated that legal notification had been sent within 300 feet of the site. Staff presented site plans and explained that the grading would be balanced on -site and that there would be no exporting or importing of soil. It was noted that the overall drainage scheme does fit the overall area's specifications and that the grades are going to be close to that of the street and will not be elevated. Staff recommended approval of this request with conditions. It was recommended that a tree survey be required and that trees be replaced on a one-to-one ratio. Additionally, staff requested that the landscaped gateway area be retained not only for aesthetic purposes but also to serve as a buffer. THE PUBLIC HEARING WAS OPENED. Bill Holman, representative of Seacliff Partners, was present and stated that they would comply with all conditions. He requested, however, that recommended Condition No. 2.c wording be changed from "Oil Production and Well Abandonment Report" to "Environmental Site Assessment Report." Carol Hunneyman, adjacent resident, was present to address two items of concern. The first item was regarding any environmental impact that would result. She suggested the buffer of trees that presently exist not be disturbed. Secondly, Ms. Hunneyman questioned when the grading would begin. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mike Strange, Zoning Administrator, questioned staff whether conditions existed for dust control. Staff stated that recommended Condition 2.b covered dust control issues. Mr. Strange received clarification from Bill Holman that grading would begin in approximately 30 to 40 days. CONDITIONAL USE PERMIT NO. 95-64 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. ZA Minutes 8/9/95 5 (min08O9) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 95-64: 1. The mass grading operation will not be detrimental to: a. The general welfare of persons residing or working in the vicinity because the mass grading operation will provide and result in proper drainage for the site and will direct drainage away from existing properties and an existing landscape buffer will be retained which will screen the operation from the existing neighborhood located to the south. b. Property and improvements in the vicinity because the mass grading operation complies with all required mitigation measures contained in Final Environmental Impact Report No. 89-1 and the Holly Seacliff Specific Plan. 2. The mass grading operation will not adversely affect the General Plan of the City of Huntington Beach. The mass grading operation is consistent with the goals and objectives of the Residential Land Use designation of the General Plan. The mass grading operation will implement the City's grading standards and requirements and the grading requirements of the Holly Seacliff Specific Plan. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-64: 1. The grading plan received August 7, 1995 shall be the conceptually approved layout. 2. Prior to issuance of grading permits, the following plans and items shall be submitted and/or completed by the applicant: a. Tree survey to the City's Landscape Division for review and approval. b. Dust control plan to the Department of Community Development. Environmental Site Assessment Report to the Fire Department. d. Oil well "A-l" preservation report to the Department of Community Development. C. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties. 3. All applicable Public Works fees shall be paid prior to issuance of grading permits. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. ?A Minutes 8/9/95 6 (min0809) 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 and Water Quality Control Board. ITEM 3: CONDITIONAL USE PERMIT NO.95-56 Applicant: Jon E. Lundstrom Property Owner: Norbert J. Olberz, 920 Foothill Blvd., La Canada, CA 91011 Request: To permit the establishment of a 1,395 square foot Diedrich's Coffee with outdoor dining within the newly constructed Sport Chalet buildings. The request includes the displacement of four (4) parking stalls in the overall parking phasing plan. Location: 16242 Beach Boulevard (southeast corner of Beach and Stark) Jane Madera, staff planner, stated that this was a request to permit the establishment of a 1,395 square foot Diedrich's Coffee within an existing Sport Chalet building. Outdoor dining is also part of the request. Staff presented a site plan and noted that this project will eliminate four (4) parking stalls and that a variance has already been granted for a reduction in parking. It was determined that additional parking would not be required at this time, however, because sufficient parking for the Sport Chalet and Diedrich's Coffee uses can currently be provided. Additional parking will be required at the next phase of construction for the property. Specifically, Diedrich's Coffee Restaurant requires 13.95 additional spaces. Sport Chalet has provided 6.9 spaces. Thus, the conversion of retail to Diedrich's Coffee Restaurant requires an additional 7.05 spaces. Because four (4) existing spaces will be eliminated by the outdoor dining, a total of 11.05 spaces will be required at Phase II of development of the site. Staff noted that existing handicapped spaces have been adjusted to fit code requirements. Ms. Madera stated that this request had been forwarded to the Design Review Board and that it was recommended that balanced landscaping on the west elevation wall be completed prior to occupancy. It was also suggested that, if necessary, any traffic impact fees be paid at the time of Certificate of Occupancy, that the handicapped access be maintained, that all outdoor walkways remain clear, and that a fire extinguishing system be installed for overall safety. Staff recommended approval of this request with suggested conditions. THE PUBLIC HEARING WAS OPENED. Jon Lundstrom, applicant, stated that the outdoor tables and chairs would be removable and that the pavement would be striped to clearly mark the dining and entryway areas. ZA Minutes 8/9/95 .7 (min08O9) n THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.95-56 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 - CONDITIONAL USE PERMIT NO. 95-56: Conditional Use Permit for the establishment, maintenance and operation of the 1,395 square foot Diedrich's Coffee with outdoor dining will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. Diedrich's Coffee will be located within the Sport Chalet building at the farthest possible distance from residential units to the east. The additional restaurant use will be compatible with existing restaurant and retail uses in the area. b. Property and improvements in the vicinity of such use or building. The outdoor dining area will be protected from adjacent drive aisles and parking stalls by low planters and curbing around the area. 2. The granting of Conditional Use Permit No. 95-56 will not adversely affect the General Plan of the City of Huntington Beach. The 1,395 square foot Diedrich's Coffee with outdoor dining is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan which promotes and encourages a variety of commercial enterprises. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-56: The site plan, floor plans, and elevations received and dated June 20, 1995 and the outdoor dining layout (site plan) dated August 9, 1995 shall be the conceptually approved layout. 2. Outdoor dining use shall conform to the following: a. A minimum four (4) foot wide handicapped access path shall be provided from the handicapped parking stall to the main entrance of Diedrich's. b. A minimum five (5) foot wide sidewalk access shall be provided from the main drive aisle (immediately west of the outdoor dining area) to the main entrance of Diedrich's. c. The outdoor dining tables and chairs shall be situated to provide maximum clearance adjacent to parking stalls. ZA Minutes 8/9/95 (min08O9) d. The outdoor dining tables and chairs shall not block access to any business. e. The outdoor dining tables and chairs shall occupy an area less than 400 square feet in size or else additional parking shall be provided. The revised elevations shall comply with the colors, materials, and design as approved by the Design Review Board on July 13, 1995. The Design Review Board's action included a condition that additional landscaping be provided on the west wall of the Sport Chalet building directly south of the main entrance. The additional landscaping shall serve to balance the visual appearance of the altered building elevation. The required landscaping shall be installed and approved prior to Certificate of Occupancy for Diedrich's Coffee. 4. An additional 11.05 parking spaces shall be provided at the time of Phase II construction. The building square footage of any Phase II construction may be reduced by an amount equivalent to the 11.05 spaces; the applicant may submit a revised traffic study to demonstrate that the 11.05 spaces are not needed. 5. All applicable Public Works fees shall be paid prior to issuance of building permits. 6. A Traffic Impact Fee shall be paid prior to final inspection or Certificate of Occupancy. 7. Fire Department Requirements: a. Provide fire extinguishers per Huntington Beach Fire Code. b. Provide automatic fire extinguishing systems for all commercial cooking appliances. c. Address numbers shall be installed per City Specification #428. 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. Low -volume heads shall be used on all spigots and water faucets. 10. 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. 11. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. ZA Minutes 8/9/95 9 (min0809) 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. The applicant shall obtain permits from the South Coast Air Quality Management District, if necessary. 4. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-56 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 4: CONDITIONAL USE PERMIT NO. 95-53NARIANCE NO. 95-14 Applicant: RPP Architects/Bozena Jaworski Property Owner: Mario G. Valenzuela, 17211 Beach Blvd., Huntington Beach, CA 92647 Request: To permit the establishment of a 387 square foot outdoor dining area at Fiesta Maya Restaurant. The request also includes a variance to permit a seven (7) foot high plexiglass wall at a 12 foot, six (6) inch setback from Beach Boulevard (minimum 25 foot setback required). Location: 17221 Beach Boulevard (west side of Beach between Warner and Slater) Jane Madera, staff planner, stated that this was a request to permit a 387 square foot outdoor dining area at Fiesta Maya Restaurant located at 17221 Beach Boulevard adjacent to Howard Johnson Hotel. Ms. Madera presented site plan and photographs and noted that the applicant proposed to change existing landscaping. Ms. Madera stated the variance for this request could be withdrawn by the applicant, as the height issue of the requested ,wall could be included in the Conditional Use Permit request. Staff noted that this request has been reviewed by the Design Review Board and they are recommending approval. Staff recommended approval. THE PUBLIC HEARING WAS OPENED. Bozena Jaworski, applicant, was present and stated that they would comply with all conditions. Ms. Jaworski officially requested that Variance No. 95-14 be withdrawn from this request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 8/9/95 10 (min08O9) Mike Strange, Zoning Administrator, acknowledged that Variance No. 95-14 had been withdrawn. CONDITIONAL USE PERMIT NO. 95-53 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 - CONDITIONAL USE PERMIT NO. 95-53: Conditional Use Permit No. 95-53 for the establishment, maintenance and operation of the outdoor dining and plexiglass wall, which exceeds maximum height limitations, will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The Fiesta Maya restaurant is well integrated into the surrounding commercial enterprises and outdoor dining will be a compatible addition. The seven (7) foot high plexiglass wall at a reduced setback will not block visibility to any other business nor cause a traffic hazard for vehicles or pedestrians as the wall does not create a visual barrier. b. Property and improvements in the vicinity of such use or building. The outdoor dining and related plexiglass wall are both compatible with other retail and restaurant uses in the area and will have no impact on existing improvements. 2. The granting of Conditional Use Permit No. 95-53 for a 387 square foot outdoor dining area and seven (7) foot tall plexiglass wall at a reduced setback will not adversely affect the General Plan of the City of Huntington Beach. The outdoor dining and plexiglass wall is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan which promote and encourage a variety of commercial uses in this area. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 95-53: The site plan, floor plans, and elevations received and dated June 9, 1995 shall be the conceptually approved layout with the following modifications: a. The site plan may be changed to depict complete enclosure of the outdoor dining area per Alcoholic Beverage Control Board requirements. 2. If the above change is necessary, a revised site plan shall be submitted depicting the modifications described above. 3. As approved by the Design Review Board, the support posts for the plexiglass wall shall match the existing low stone wall. ZA Minutes 8/9/95 11 (min0809) 4. The project shall meet exiting requirements per the Uniform Building Code and shall comply with state handicapped access regulations. 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. 6. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS 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 Zoning Administrator reserves the right to revoke if any violation of these conditions of the Huntington Beach Ordinance Code occurs. ITEM 5: USE PERMIT NO. 95-9 Applicant: Lorenzo Reyes Property Owner: Carl Karcher Enterprise Inc., P.O. Box 4349, Anaheim, CA 92803 Request: To permit the establishment of an 821 square foot outdoor playground and dining area at Carl's Jr. Restaurant. Location: 21532 Brookhurst (southeast of Brookhurst and Hamilton) Jane Madera, staff planner, stated that this was a request to permit an 821 square foot outdoor playground and dining area at Carl's Jr. Restaurant located at 21532 Brookhurst, southeast of Brookhurst and Hamilton. Staff presented site plan of the project. Ms. Madera stated a use permit was necessary, as the request is located within a coastal zone. It was noted that substantial changes to the parking lot would occur, that the adjacent property owner supports the request, and that no additional parking spaces would be required due to the size of the proposed area. Staff recommended approval of this request with suggested conditions. It was recommended that the five (5) foot planter be enlarged to six (6) feet, that the handicapped spaces be perpendicular ZA Minutes 8/9/95 12 (min0809) to street, that landscaping be shown on landscaping plans and that it be completed prior to final inspection. THE PUBLIC HEARING WAS OPENED. Lorenzo Reyes, applicant, was present and stated that all recommendations were within reason and acceptable. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. USE PERMIT NO.95-9 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. 95-9: 1. Use Permit No. 95-9 for the establishment, maintenance and operation of the 821 square foot outdoor playground and dining area will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. There are no residential properties adjacent to the proposed outdoor playground that would be impacted by potential increases in outdoor noise. In addition, the outdoor playground will not block visibility of, or affect any other commercial business in the area. b. Property and improvements in the vicinity of such use or building. The playground colors will be coordinated with the Carl's Jr. building colors. The playground will be compatible with other commercial uses in the area. 2. The granting of Use Permit No. 95-9 will not adversely affect the General Plan of the City of Huntington Beach. The outdoor playground and dining area is consistent with the goals and objectives of the General Commercial Land Use designation of the General Plan which promotes and encourages a variety of commercial uses. SPECIAL CONDITIONS OF APPROVAL - USE PERMIT 95-9: 1. The site plan, floor plans, and elevations received and dated June 14, 1995 shall be the conceptually approved layout with the following modifications: a. The wrought iron fence surrounding the playground shall be painted beige to match the building color. ZA Minutes 8/9/95 13 (min0809) b. The parking stalls between the building and Brookhurst Street may be restriped for handicapped but no stalls shall parallel Brookhurst Street (existing stalls south of the south driveway are exempt). 2. A revised site plan shall be submitted depicting the modifications described above. 3. Handicapped access to the playground shall be provided. 4. All restriping of parking shall conform to code requirements. 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 for all existing bare landscape planters and all new proposed planters 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 9608 and 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. 6. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 7. 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. 8. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. INFORMATION ON SPECIFIC CODE REQUIREMENTS 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. 7A Minutes 8/9/95 14 (min08O9) 3. The Zoning Administrator reserves the right to revoke if any violation of these conditions of the Huntington Beach Ordinance Code occurs. THE MEETING WAS ADJOURNED AT 2:45 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 16,1995. 54 w =�� Mike Strange Zoning Administrator MS:lek :min0809 ZA Minutes 8/9/95 15 (min0809)