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HomeMy WebLinkAbout1996-09-18SPECIAL SIGN PERMIT NO.96-8 WAS CONTINUED UNTIL OCTOBER 2,1996 TO ALLOW STAFF TO MEET WITH THE APPLICANTS, THE NEIGHBORS AND DARYL SMITH OF PARKS, TREES AND LANDSCAPE FOR FINAL DETERMINATION OF WHAT ADEQUATE SCREENING OF THE SIGN FOR MALTA CIRCLE RESIDENTS WOULD ENTAIL. ITEM 2: CONDITIONAL USE PERMIT NO.96-45 PETITION DOCUMENT: CONDITIONAL USE PERMIT NO.96-45 (NURSERY) (CONTINUED FR OM SEP TEMBER 4, 1996 ZONING ADMINISTRATOR 'S MEETING) APPLICANT: Hiro Kawachi, Kip Co. REQUEST: To establish an approximate ten (10) acre wholesale nursery. LOCATION: 10181 Atlanta Avenue (Southern California Edison right-of-way, North of Atlanta Avenue). PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, project planner, stated that this item was continued from a prior meeting, and she reviewed all elements involved in this conditional use permit. She handed out a synopsis of the issues raised at the previous meeting and a list of proposed conditions for the project. The request is for a wholesale operation, with all access off of Atlanta Avenue. There would be six to ten (6-10) employees at any given time of year depending on the season. There will be an office trailer and a storage trailer. Parking will be on a gravel area to minimize dust. There will be four (4) different types of Japanese vegetables grown with approximately three (3) seasons each year. Another area of the nursery will house container plants and some container fruit trees (approximately 2 percent of the site). Ms. Broeren presented a site plan depicting the progressive steps of development of the nursery and stated time periods estimated to complete these steps. The applicant proposes to install drainage pipes and grade the site over a four to five (4-5) year period. The applicant originally requested operating hours of 7:00 AM - 5:00 PM, Monday through Saturday. As a result of the last meeting where residents were concerned about noise levels early in the morning, the hours were revised to be Monday through Friday, 7:00 - 5:00 PM, and Saturday, 8:00 AM - 5:00 PM, with all deliveries between the hours of 8:00 AM and 4:00 PM. Regarding pest control measures, Ms. Broeren indicated that the applicant specified four (4) different types: Round -up, Malathian, Diazinon, and Decanil. Ms. Broeren spoke to the Park, Tree and Landscape Division regarding these materials. The City currently uses these pesticides and did not have concerns with the applicant's proposal. Ms. Broeren stated that the ZA Minutes - September 18, 1996 3 (min0918) applicant is required to have a permit from the County of Orange, Department of Food and Agriculture. The applicant is also required to report to them the amounts of pesticides used and which plants they are applied to on a monthly basis. The applicant is expecting an average of one (1) truck every other day while the land is being prepared and graded. Ms. Broeren presented a petition that was circulated throughout the neighborhood by a concerned resident which had signatures from 10 to 12 homes. The petition stated that the nursery would add pollution, noise, contamination from pesticides and would be a detriment to the neighborhood. Mr. Fauland asked about the setback discussed during the last meeting and if the applicant was agreeable to it. Ms. Broeren replied that there was ample separation between the residences and the plant material. She also noted that a couple of the residents indicated that they were opposed to the container trees along the wall that the applicant had proposed as a buffer. Mr. Fauland asked about retention of a palm that a resident had requested remain. Ms. Broeren replied that Staff recommended the palm remain. THE PUBLIC HEARING WAS OPENED. James Schenold, 20851 Aquatic Lane, asked about a container that is already in the right-of-way. Ms. Broeren responded that the land that that container is on is not part of this project and that the land in question belongs to Southern California Edison. Mr. Schenold inquired about the plants along the block wall. He also asked about improvements east of the chain link fence. Ms. Broeren mentioned that this is covered in the conditions. She stated that a nursery was approved in 1991 with the same type of improvement plans near Atlanta Avenue. Flo Uchin, 20902 Spindrift Lane, stated that she is in favor of the project and is looking forward to having the land graded to eliminate the flooding that has happened in the past. Dick Cohrone, 20582 Lavonne Lane, asked how far from the property wall the drainage line would be installed. Ms. Broeren responded approximately 15 feet to 20 feet. Mr. Cohrone stated that he had previously received permission from the Edison company to encroach on the land to add a grass area onto his back yard. He would like the leasee to work around that area but if not possible, he would remove the grass. He stated that he was in favor of the project. Bonnie Bonino, 20942 Spindrift, asked for clarification on the road leading into the project. Mr. Fauland responded that the asphalt road would remain, and there would additionally be ground gravel shoulders six (6) feet wide on both sides. She asked if there would be any security on the property. • Carol Schenold, 20851 Aquatic Lane, asked if the trees would be for sale, or just the fruit from the trees. Ms. Broeren replied that the entire tree would be sold and that the fruit trees are less than five (5) percent of the applicant's plants. Ms. Schenold also asked about security and the bike trail access. Ms. Broeren indicated that there would be continued access to the bike trail. Ms.- Schenold asked about the number of trucks during the day, which Ms. Broeren re -addressed. Mr. Schenold asked about what happens if the number of trucks were to increase. Ms. Broeren explained the revocation hearing process. ZA Minutes - September 18, 1996 4 (min0918) Marte Amato, 20711 Spindrift Lane, asked about the container already on site. Ms. Broeren responded that the applicant already has the lease from Southern California Edison, and he has been allowed to keep the container there pending action on his conditional use permit. If the permit is not approved, he would have to remove the container. Ms. Amato expressed concern regarding the safety of children with the trucks and the bike trail, as well as the project in general. Ms. Bonino stated that she was in favor of the project for the benefits of fire control and flood control. Wayne Westerman, 20802 Spindrift Lane, expressed concern about operating hours beginning at 7:00 AM. He also asked about the drainage pipe to be installed. Ms. Broeren replied that the applicant is required to submit a grading plan to the City which must be prepared by a licensed Civil Engineer and that it is reviewed by the City to ensure conformance to plans. Mr. Westerman asked if the property owners are going to be guaranteed that there will be no drift of chemicals. Ms. Broeren indicated that the applicant currently has a license to operate from the County, that he currently has a nursery in Westminster and has had no violations. Mr. Westerman asked if there would be legal recourse if any chemicals do spread. Ms. Broeren indicated that the County would be the appropriate body to notify; however, the City is always concerned that businesses are in compliance with regulations., Carole Schenold asked if the proposed tree screen would be installed. Ms. Broeren replied that she had received a couple of comments from residents who did not want them; no one has spoken in favor of the trees. Ms. Amato asked how the applicant can work until 8:00 PM. Ms. Broeren responded that in the summer, it is possible to work that late without light, and that this is in conformance with the City Municipal Code. - Mr. Kawachi, applicant, stated that the tree screen does not have to be provided. He originally thought that it would be pleasing to the neighbors. Mr. Schenold asked about the bike path. Ms. Broeren explained the plans around the bike path. There was a general discussion about where it would be safest for children to pass on the bike path. Mr. Westerman stated that there should be a stop sign for the trucks upon exiting the site. Ms. Broeren mentioned that the requirement of traffic control devices was at the discretion of the City Traffic Engineer. She noted that the Department of Public Works, in review of the applicant's plans, had not required or recommended any traffic control. There was a general discussion about the possibility of a stop sign and cross walk. Mr. Schenold expressed concern regarding safety issues and traffic. Ms. Broeren asked Mr. Kawachi if he has any measures of security for the property. Mr. Kawachi replied that he has the chain link fence which locks in the front. ZA Minutes - September 18, 1996 5 (min0918) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland thanked the public in attendance and said that the City will continue to work with the applicant to ensure that this would be a proper project suiting both the applicant, the City and surrounding property owners. Mr. Fauland spoke in favor of a compromise entrance layout to separate the bike trails and close off one of the gated access points. He noted that if there are violations, they can be presented to the City at which time a revocation hearing may be conducted. Mr. Fauland asked Ms. Broeren to structure a condition to note that the applicant can provide trees along the property lines for those property owners who would like them. Regarding the safety and bus stop issue, Mr. Fauland asked that a condition be included that the applicant work with Staff and the City Traffic Engineer, at the Engineer's discretion, to install a stop sign and/or cross walk at Atlanta Avenue. Mr. Fauland also requested a condition requiring the project be reviewed on an annual basis, with a public hearing, for the first six (6) years of the project. The first five meetings are to ensure that the steps are being implemented properly, and the last year is to ensure that the operations are running properly. This will allow the public to monitor the activities and will give them the opportunity to voice any concerns. Mr. Schenold asked about the appeal time and the issues that Traffic would address. Mr. Fauland provided information on the appeal process and reiterated that the Traffic Engineer did not recommend any measures be taken, and Staff would re -review the project with the Traffic Engineer. Mr. Carvalho added that the Traffic Engineer's determination could be appealed. CONDITIONAL USE PERMIT NO.96-45 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND REVISED CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. 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 96-45• 1. Conditional Use Permit No. 96-45 for the establishment, maintenance and operation of a wholesale nursery will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The p. oposed pesticides are used by the City of Huntington Beach, are monitored by the County of Orange and will be applied with an airless sprayer to avoid off - site spreading. With the conditions of approval imposed, including reduced delivery hours, no outdoor lighting or loud speakers and parking of all employee vehicles on -site, the use will be compatible with the surrounding residential uses and the bike trail. These conditions will minimize impacts such as noise to the residents. Uninterrupted bike access will also be provided so that truck routes will not interfere with access to the bike trail. The proposed use will improve ponding and flooding conditions which now occur on the site and impact the ZA Minutes - September 18, 1996 6 (min0918) adjacent residential properties by grading the site and installing a drainage pipe to accommodate runoff. 2. The granting of Conditional Use Permit No. 96-45 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the goals and objectives of the land use element of the General Plan. 3. 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. The structures will meet minimum setbacks, be provided with sufficient on -site parking and meet all other aspects of the Code. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96 45• 1. The site plan received and dated July 31, 1996 and the entry area plan dated June 24, 1996 shall be the conceptually approved layout with the following modifications: a. Portable restroom facility shall be provided on -site and indicated on the site plan. b. Minimum drive aisle width between parking stalls shall be 26 feet. c. The bike trail access shall be designed such that the bike access located south of the truck access road shall not cross the truck access road but shall extend uninterrupted from the Atlanta Avenue entry east to the bike trail parallel to the Santa Ana River. d. No plant material which requires pesticide application shall be permitted between the block wall along the westerly edge of the property and the ten foot wide access road parallel to the block wall. 2. The use shall comply with the following: a. Retail sales are expressly prohibited. b. The applicant shall comply with all applicable federal, state and county laws pertaining to pesticides. c. All pest control shall be done with an airless sprayer. Feeding shall be via an irrigated drip system. d. There shall be no on -site storage of bulk quantities of mulches, fertilizers or soil treatments without prior review and approval by the Department of Community Development. e. There shall be no outdoor lighting, outdoor music or loud speaker systems used on the site. ZA Minutes - September 18, 1996 7 (min0918) C f. There shall be no outside storage of equipment, vehicles or vehicle parts on the site. ZA Minutes - September 18, 1996 8 (min0918) g. Hours of operation shall be limited to Monday through Friday, 7:00 AM to 5:00 PM, and Saturday, 8:00 AM to 5:00 PM. Deliveries shall occur from 8:00 AM to 4:00 PM, Monday through Friday. h. All trucks coming from and going to the site shall turn around on -site. i. All employee vehicles shall be parked on site. 3. Existing palms along westerly edge of site shall remain. 4. A traffic control device (e.g. stop sign, crosswalk) may be located at the Atlanta Avenue entry. Such device may be installed at the discretion of the City Traffic Engineer. 5. The applicant may, with the approval of affected adjacent property owners, plant trees along the block wall to buffer views of the proposed use. If an agreement with an adjacent property owner is reached, the applicant shall provide the Planning Division with a copy of a written statement from the property owner prior to installation of the tree. 6. Prior to issuance of grading permit, the applicant shall submit a "Water Quality Management Plan" prepared by a Civil or Environmental Engineer in accordance with NPDES requirements. (PW) 7. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. b. A revised site plan shall be submitted to the Department of Community Development depicting the changes in item number 1. 8. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed by the applicant: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. An erosion control plan shall be submitted to the Department of Public Works if grading takes place between October 15th and April 15th. b. A Landscape and Irrigation Plan shall be submitted to the Department of Public Works for review and shall be approved by the Park, Tree and Landscape Division and the Department of Community Development. Applicant shall be required to weed and improve the Atlanta Street right-of-way from the terminus of the improved street section to the Edison easement and from wall to wall (north to south). Said improvements can be ground covering with a permanent time clock controlled irrigation system (below grade) or a production area with containerized plant material or a combination of both. Installation shall occur within twelve (12) months with approval. (PW) ZA Minutes - September 18, 1996 9 (min0918) C LJ C 9. Prior to final inspection or certificate of occupancy, the following shall be completed: a. A hydrology study (existing and proposed) shall be submitted to the Department of Public Works for review and approval. (PW) b. A hydraulic study (include street flows in Atlanta Avenue) shall be submitted to the Department of Public Works for review and approval. (PW) c. This project shall use "Portable Restrooms". (PW) d. 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. e. Compliance with all conditions of approval specified herein shall be accomplished. 10. A review of the use shall be conducted by the Zoning Administrator with a public hearing on an annual basis from the effective date of approval (September 17, 1996) for a period of six years to verify compliance with all conditions of approval and all applicable regulations. During an annual review, the Zoning Administrator may consider modifications to the conditions of approval. 11. The Zoning Administrator shall be notified in writing if any changes in building height, setbacks, building elevations or use 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, 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. All applicable Public Works fees shall be paid. 5. Traffic Impact fees shall be paid prior to final release. ZA Minutes - September 18, 1996 10 (min0918) 6. An encroachment permit shall be required for all work within City right-of-way. 7. A Certificate of Occupancy shall be issued by the Department of Community Development. 8. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 9. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-45 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 3: TENTATIVE PARCEL MAP NO.96-148 PETITION DOCUMENT: TENTATIVE PARCEL MAP NO.96-148 (BMWK AUTO LOT CONSOLIDATION) APPLICANT: Bill Kahale REQUEST: To consolidate four (4) lots into one (1) parcel. LOCATION: 7412 Talbert Avenue (south side, approximately 210 feet east of Gothard Street). PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, project planner, presented the staff report. This action was required per a Conditional Use Permit and a Variance for a building addition at the rear of the property which was previously approved by the Planning Commission. The Public Works Department recommended that the northern portion of Harriman be dedicated and that all access rights on Talbert be released and relinquished to the City. Mr. Carvalho stated that Staff recommended approval of the consolidation of four (4) lots into one (1). Mr. Carvalho added that a waiver cannot be granted if there are dedications and improvements required. Mr. Fauland confirmed that the map is a requirement as part of a previously approved application. THE PUBLIC HEARING WAS OPENED. Dick Harlow, representing Bill Kahale, stated that the applicant did not want to dedicate because it takes one to two parking spaces and because of financial costs involved. Bruce Crosby, Public Works Department, stated that the dedication must be provided. ZA Minutes - September 18, 1996 11 (min0918) Mr. Harlow asked if the applicant could put in the improvements and come back at a later time to ask for reconsideration on the map, or perhaps the applicant could file a new tentative map. Mr. Carvalho stated that it is required that the map be recorded prior to issuance of any building permits. Mr. Harlow asked what the conditions for approval were. Mr. Carvalho reiterated the standard conditions along with the two specific conditions for this item: 1) dedication out to Harriman; and 2) all access rights to Talbert be relinquished except at locations approved by the Zoning Administrator. Mr. Harlow asked if there would be a possibility that the City would close off the access to Talbert. Mr. Fauland responded that there would be no possibility of this. Mr. Crosby added that the vehicle access rights requirement allows the applicant to have the driveway that is existing on Talbert and that it will not be closed off. He noted that the applicant cannot install any new driveways on Talbert. Mr. Carvalho mentioned that there is a condition on the conditional use permit that an adjoining property owner dedicate. Mr. Harlow stated that the neighbor probably will not dedicate and that the City would have to go with a modified improvement plan to connect the existing improvements on the east and west side of the parcel. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP. NO.96-148 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. 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 - TENTATIVE MAP NO. 96-148: 1. Tentative Tract Map No. 96-148 for the consolidation of four lots into one parcel is consistent with the General Plan Land Use Element designation of Industrial on the subject property. The property will remain as an industrial use with an automotive repair facility. 2. The site is physically suitable for the type and density of development. The merging of four previously approved lots into one parcel will allow for the continued use of the site as an automotive repair business. 3. The consolidation of four previously approved lots and proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. ZA Minutes - September 18, 1996 12 (min0918) 4. The consolidation of four previously approved lots and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. CONDITIONS OF APPROVAL - TENTATIVE MAP NO 96-148: 1. The tentative map received and dated August 7, 1996 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PV) a. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. b. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. c. All vehicular access rights to Talbert Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. d. The northerly portion of the Harriman Avenue cul-de-sac shall be dedicated to the City of Huntington Beach for street purposes. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Tentative Parcel Map No. 96-148 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. ZA Minutes - September 18, 1996 13 (min0918) 0 ITEM 04: COASTAL DEVELOPMENT PERMIT NO 96-16 PETITION DOCUMENT: COASTAL DEVELOPMENT PERMIT NO.96-16 (ACCESS RAMP) APPLICANT: City of Huntington Beach, Public Works Department REQUEST: To construct a pedestrian/handicap access ramp from Pacific Coast Highway to the pedestrian/bicycle trail at beach level. LOCATION: 19351 Pacific Coast Highway (ocean side of Pacific Coast Highway at Seapoint). PROJECT PLANNER: Susan Pierce Ms. Pierce presented the staff report. The access ramp will be located on the ocean side of Pacific Coast Highway directly across from Seapoint. The applicant will remove the existing railing and create a zigzag ramp that will connect with the bicycle trail. A small amount of plant material will be removed and replanted. The request was reviewed by the Design Review Board. They recommended that the railing and hand rail design match the color and design of the railings that will be used at the Pier Plaza area, however, that design has not yet been finalized. The Design Review Board also recommended that the planting and irrigation should be carefully placed because of the access ramp and that the plans be reviewed and approved by the Department of Public Works, Plant Tree and Landscape Division prior to issuance of building permits. Ms. Pierce stated that the coastal overlay requirements require that the applicant install coastal access signs. There will be a requirement to put two (2) coastal access signs on Pacific Coast Highway. Staff recommended approval with the conditions to comply with the requirements and recommendations from the Design Review Board that a landscape construction plan be submitted and approved, and that the two (2) coastal access signs be installed. Staff believes this action promotes safety for pedestrians and bicyclists, children, disabled and elderly, and is consistent with the General Plan. It is also consistent with the open space shoreline land use designation and is in conformance with the Coastal Act. Ms. Pierce added that this item is exempt from the requirements of CEQA because it is consistent with construction of a minor structure accessory to existing recreational facilities. Mr. Fauland asked if the coastal access signs had been reviewed by the Design Review Board, and if the signs meet the sign code requirements. Ms. Pierce replied that the signs are required by the State of California .and are in the public right of way. The signs were designed and approved by Cal Trans, who has its own specifications, and are exempt from the City's sign codes. ZA Minutes - September 18, 1996 14 (min0918) THE PUBLIC HEARING WAS OPENED. Tony Folaron, Public Works Department, Engineering Section, requested that the condition requiring the landscape plan be removed. He believed it would be adequate to place a note on the construction drawings that all irrigation and vegetation shall be installed with the proper type and spacing of vegetation in accordance with Park, Tree and Landscape's requirements. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked -Ms. Pierce if the project was reviewed by the Public Works, Park, Tree and Landscape Division. Ms. Pierce responded that it was. She stated that they recommended landscape plans be required for all planting areas and be approved by the Park Tree and Landscape Division. She noted that it was also a code requirement. Mr. Fauland stated that he cannot waive this condition for the applicant, noting that it is Public Work's own requirement for the plans. COASTAL DEVELOPMENT PERMIT NO.96-16 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR COASTAL DEVELOPMENT PERMIT NO. 96-16 : 1. Coastal Development Permit No. 96-16 for the pedestrian/handicap access ramp, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The pedestrian/handicapped ramp promotes safety of pedestrians and bicyclists by providing a link with an existing trail system from Pacific Coast Highway to serve the general population as well as the specialized needs of the disabled, children, and elderly (CE 6, CE 6.1, RCS 1.1.1) 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The use is consistent with the goals and objectives of the Open Space - Shoreline land use designation of the General Plan. • 3. At the time of use the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed pedestrian/handicapped access ramp provides access to the shoreline. ZA Minutes - September 18, 1996 15 (min0918) 5. The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15311 of the CEQA Guidelines, because the project consists of construction of a minor structure accessory to existing recreational facilities. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO 96-16: 1. The site plan and elevations received and dated August 9, 1996, shall be the conceptually approved layout with the following modifications: a. The railing and handrail of the access ramp shall be designed to match the color and design of the railings in the Pier Plaza Area b. Planting and irrigation shall be located in the areas impacted by the access ramp. 2. Prior to of submittal for building permits, the zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. (PW) (Code Requirement) 4. Two Coastal Access signs shall be installed on Pacific Coast Highway at locations approved by the California Department of Transportation. 5. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes - September 18, 1996 16 (min0918) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Coastal Development Permit No. 96-16 shall not become effective until the ten working day appeal period to the Coastal Commission has elapsed. 2. Coastal Development Permit No. 96-16 shall become null and void unless exercised within one 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 Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 96-16, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach.Zoning and Subdivision Ordinance or Municipal Code occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ITEM #5: TEMPORARY USE PERMIT NO.96-11 PETITION DOCUMENT: TEMPORARY USE PERMIT NO.96-11 (SAINT SIMON APPLICANT: AND JUDE CHURCH): Greg Kempton REQUEST: To permit a three (3) day annual Church festival to be held October 4, 5, and 6. Hours of operation for October 4 will be 5:00 PM - 11:00 PM, October 5 will be 10:00 AM - 11:00 PM, and October 6 will be 11:00 AM - 10:00 PM. LOCATION: PROJECT PLANNER: ZA Minutes - September 18, 1996 20444 Magnolia Street (northeast corner of Magnolia and Indianapolis). Lisa Mercurio 17 (min0918) Ms. Mercurio presented the staff report stating that the event will include entertainment, food, crafts, game booths, and kiddy rides. She reviewed the hours of operation. Ms. Mercurio noted that there are 275 spaces on the site and there will be parking personnel to direct traffic. Regarding noise levels, Ms. Mercurio stated that the rides will be in the far west corner with a sound curtain; amplified speakers will be discontinued at 10:00 PM. There will be security personnel on site, and all alcohol and beverage control requirements will be met. No written or verbal comments from the public were received. Staff recommends approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. Mr. Kempton, applicant, stated that the disc jockey will play until 10:30 on Friday and Saturday evenings; not 10:00. He mentioned that the festival will still close at 11:00 PM. He has arranged for the Huntington Beach Police to be in attendance. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.96-11 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS AMENDED BY STAFF. 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 - TEMPORARY USE PERMIT NO.96-11: 1. Temporary Use Permit No. 96-11 for the establishment, maintenance and operation of the three (3) day Church Festival will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. The event in the grass lot will not block entrances or accessibility and there is ample parking. The event is temporary in nature and security personnel will be present. The specific conditions of approval addressing hours of operation, noise levels and clean-up of the site have been applied to this request to insure the general welfare of adjacent residents. 2. The granting of Temporary Use Permit No. 96-11 will not adversely affect the General Plan of the City of Huntington Beach. The use is consistent with the General Plan goal to enrich the quality of life for all citizens of Huntington Beach by providing constructive and creative leisure opportunities. 3. 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. ZA Minutes - September 18, 1996 18 (min0918) IL 11 SPECIAL CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO 96-1 1. The site plan, floor plans, and elevations received and dated August 14, 1996 shall be the conceptually approved layout. a. Rides shall be located in the most westerly location of the grass area site, subject to review and approval of the Fire and Community Development Departments. b. Barricades shall be placed along the north side of the property to create a minimum seventy-five (75) foot buffer adjacent to the residential properties. c. The sound curtain shall be installed per the site plan. 2. Hours of operation and entertainment shall comply with the following: CLOSE FOOD/GAMES OPEN RIDES CLOSE BEVERAGES Friday 5:00 PM 10:00 PM 11:00 PM Saturday 10:00 AM 10:00 PM 11:00 PM Sunday 11:00 AM 9:00 PM 10:00 PM 3. The use shall comply with the following: a. 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 a one (1) year period, stating that the rides meet all requirements of the State Industrial Safety Division. b. 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. c. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. Application for Fire Department permits shall include a layout and circulation plan shall be approved by the Pire Department. d. All canopies or tents in excess of 400 square feet shall comply with the Huntington Beach Fire Code Article 32. Tent materials must be flame retardant, and an approved certification document is required. ZA Minutes - September 18, 1996 19 (min0918) e. Fire extinguishers shall be provided in number and locations specified by the Fire Department. f. 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. g. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. h. All Alcoholic Beverage Control requirements shall be met. i. Beer and wine consumption shall be limited to a specified area which shall be roped off and controlledby church personnel. j. The Huntington Beach Police Department shall be notified 24 hours prior to the event. k. This action will include necessary permits for temporary signs. 1. Appropriate signs (temporary) for the direction of traffic and on -site parking shall be provided by the applicant. Said signs, locations and content to be as recommended by the Traffic Division of the Police Department. in. Identifiable staff or personnel member(s) shall be on -site throughout the entire event to direct traffic into and out of site. Traffic staff shall prevail upon those utilizing street parking to cross at intersections. n. An on -site parking plan will be submitted showing access to and number of spaces. Plan to be approved by Traffic Engineer and Traffic Division of Police Department. o. An announcement shall be made to parishioners requesting that they refrain from parking on neighborhood streets. p. In a number to be determined by the Police Chief, uniformed officers shall be provided on -site during the hours operation. Cost of this shall be borne by the applicant. q. Breakdown of stands, equipment, apparatus and rides shall be prohibited after 10:00 PM on Sunday. Breakdown of the wooden booths shall be allowed until 12:00 AM. r. Use of amplifiers, speakers, musical instruments and playing of recorded music are to be discontinued as of 10:00 PM each evening. Speakers shall not be directed towards any housing area. s. If a refrigeration truck is provided, it shall be placed as far away from residential property as possible to minimize noise. ZA Minutes - September 18, 1996 20 (min0918) r L. t. The applicant shall provide for clean-up of the areas after the closing of the event. Clean- up of the site after 10:00 PM shall not include the use of any machinery or equipment that may disturb the residents in the area. All trash, debris, and garbage, well as special dumpsters, shall be removed from the site within two (2) days of closing of the event. u. The applicant shall provide professional clean-up crews to clear the adjacent streets of trash and debris. The clean-up shall not commence prior to 7:00 AM each morning. v. In the event that there are any violations of the foregoing conditions or any violations of life safety codes, the festival activity will be terminated by any Police Officer, Fire Inspector or authorized personnel of the Department of Community Development. 4. Future applications for the event shall be submitted at least 90 days prior to the event. INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 3. The event shall comply with Chapter 8.40, Noise Control, of the Huntington Beach Municipal Code. 4. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 96-11 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM #6: SPECIAL SIGN PERMIT NO.96-15 PETITION DOCUMENT: SPECIAL SIGN PERMIT NO.96-15 (DELILLO CHEVROLET) APPLICANT: Will Hawes, Superior Electrical Advertising REQUEST: To install one (1) 15 foot high, 31.93 square foot internally illuminated freestanding sign in lieu of the code maximum height of 10 feet. LOCATION: PROJECT PLANNER: ZA Minutes - September 18, 1996 19232 Beach Boulevard (East side of Beach, south of Garfield) Brian James 21 (min0918) Brian James, project planner, first prefaced the recommended action for the sign variance by reviewing the history and background of the existing and proposed (draft) sign ordinance in the city. When the update to the City's General Plan was adopted in May, one of the primary concerns was the aesthetics of Beach Boulevard, including signage. There were goals and policies adopted in the Land Use and Urban Design elements calling for coordinated and cohesive signage in order to provide an improved aesthetic appearance to Beach Boulevard. An Urban Design task force was recently formed to look at ways to address the aesthetics of Beach Boulevard. The City is also in the process of revising and updating the sign ordinance. The purpose of the revised sign ordinance is to allow increased visibility for businesses on Beach Boulevard and to address and create a coordinated and improved aesthetic look on Beach Boulevard. The draft sign ordinance as proposed will allow the following freestanding sign for the subject site: sites with 200-400 feet of frontage, a maximum 20 feet high freestanding sign, maximum 100 square -feet of sign area, and provisions and criteria for bonus sign area. Regarding this specific application, Mr. James reiterated the applicant's request to install a maximum 15 feet high freestanding sign with a maximum 31.93 square feet of sign area. He presented photos -of the site to the Zoning Administrator. He mentioned that there are also wall signs proposed which meet code and therefore are not part of the sign variance. He indicated the Design Review Board reviewed the freestanding sign and the wall signs and concurred with Staff s recommendation of approval. The DRB felt the request is in conformance with the proposed revisions to the sign ordinance. Mr. James noted that the city did receive one letter in opposition to this item from an adjoining property owner who expressed concern regarding aesthetics, increased sign height and concern about a possible traffic hazard due to the increase in sign height and area. Mr. Fauland asked for clarification about the sign height and sign area as it relates to the proposed sign ordinance. Mr. Fauland also asked about the size of signs in the vicinity of the proposed sign and if precedent had been established for signs exceeding height and area. Mr. James discussed signs in the surrounding area and precedent. THE PUBLIC HEARING WAS OPENED. Will Hawes, applicant, 1700 W. Anaheim, Long Beach, stated that the property owner believes the proposed freestanding sign will conform with other signs in the immediate area. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that the proposed freestanding sign at a maximum 15 feet high and a maximum 31.93 square feet in area is attractive and an improvement over the existing signage. He also indicated that staff presented information regarding precedence being set in the immediate vicinity for higher signage. Mr. Fauland added that the applicants proposed freestanding sign will be lower in height than would be allowed by the proposed sign ordinance, is an improved aesthetic design, will not be a traffic hazard, and is consistent with the intent of the goals and policies of the General Plan. ZA Minutes - September 18, 1996 22 (min0918) SPECIAL SIGN PERMIT NO.96-15 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. 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 - SPECIAL SIGN PERMIT NO 96-15/DRB NO 96-39/PSP NO.96-7: 1. Strict compliance with Chapter 233, Signs, will result in a substantial economic hardship to DeLillo Chevrolet automobile dealership at 19232 Beach Boulevard. Due to the high speeds of vehicles on Beach Boulevard and the need to ensure visibility of the business, coordinated, clear, signage is necessary. As proposed by the applicant, the 15 foot high, 31.93 square foot internally illuminated freestanding sign, in lieu of a 10 foot high freestanding sign allowed by the existing sign code, complies with the proposed modifications to the sign code. The proposed sign code would allow a 20 foot high, 100 square foot, internally illuminated freestanding sign. The proposed sign also complies with policies of the General Plan calling for coordinated signage. The proposed signage will allow visibility to the site while maintaining a cohesive look to the signs on site and along Beach Boulevard. 2. The proposed 15 foot high, 31.93 square foot internally illuminated freestanding sign will not adversely affect other signs in the area. The signage will allow visibility, help to create a cohesive look to the signs on the site and along Beach Boulevard, comply with policies of the General Plan calling for coordinated signage, and comply with the requirements of the proposed sign code. 3. The proposed 15 foot high, 31.93 square foot internally illuminated freestanding sign will not be detrimental to property located in the vicinity and will be compatible with the surrounding area. There are signs that exceed the standards of the existing sign code in the immediate vicinity (U-Haul, Al Unser's Auto Care) so the proposed freestanding sign would be in keeping with the character of signs in the area. 4. The proposed 15 foot high, 31.93 square foot internally illuminated freestanding sign will not obstruct pedestrian or vehicular traffic vision. The proposed freestanding sign complies with the site angle and visibility requirements of Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. The wall signage is coordinated and setback approximately 90 feet from Beach Boulevard and will not distract motorists or create a hazard. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 96-15/DRB NO 96-39/ PSP NO.96-7: 1. The site plan and site elevations received and dated August 22, 1996, shall be the approved layout. ZA Minutes - September 18, 1996 23 (min0918) 2. Prior to of submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and -approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Special Sign Permit No. 96-15 shall not become effective until the ten day appeal period has elapsed. 2. Special Sign Permit No. 96-15 shall become null and void unless exercised within one 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 Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Special Sign Permit No. 96-15, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. ZA Minutes - September 18, 1996 24 (min0918) ITEM #7• SPECIAL SIGN PERMIT NO 96-13 PETITION DOCUMENT: SPECIAL SIGN PERMIT NO.96-13 (DELILLO CHEVROLET AND GEO DEALERSHIP) APPLICANT: Will Hawes, Superior Electrical Advertising REQUEST: To install one (1) 42 foot high, 265.25 square foot freestanding sign in lieu of the code permitted height of 10 feet and sign area of 60 square feet. In addition, the application includes a request to deviate from the code requirements for number of freestanding signs per frontage; four (4) in lieu of one (1) freestanding signs; distance between signs (100 ft., two (2) ft., and 60 ft. in lieu of 200 ft); and location within a landscaped planter. The request includes three (3) wall signs totaling 299.02 square feet in lieu of the code maximum 200 square feet. LOCATION: 18211 Beach Boulevard (West side of Beach, north of Taylor). PROJECT PLANNER: Brian James Brian James, project planner, first prefaced the recommended action for the sign variance by reviewing the history and background of the existing and proposed (draft) sign ordinance in the city. When the update to the City's General Plan was adopted in May, one of the primary concerns was the aesthetics of Beach Boulevard, including signage. There were goals and policies adopted in the Land Use and Urban Design elements calling for coordinated and cohesive signage in order to provide an improved aesthetic appearance to Beach Boulevard. An Urban Design task force was recently formed to look at ways to address the aesthetics of Beach Boulevard. The City is also in the process of revising and updating the sign ordinance. The purpose of the revised sign ordinance is to allow increased visibility for businesses on Beach Boulevard and to address and create a coordinated and improved aesthetic look on Beach Boulevard. The draft sign ordinance as proposed will allow the following freestanding sign for the subject site: sites with 200-400 feet of frontage, a maximum 20 feet high freestanding sign, maximum 100 square feet of sign area, and provisions and criteria for bonus sign area. Brian James, project planner, presented the staff report. He stated that the applicant had requested revisions to the request since the legal notice was posted and advertised in the local newspaper. The applicant's revised request is to remove two (2) of the four (4) existing freestanding signs but keep the existing reader board sign for a revised total of three (3) freestanding signs, not four (4). In addition, the applicant has reduced the wall signs from 299.2 sq. ft. to a maximum 204 sq. ft. The sign code allows a maximum of 200 square feet for the wall signs. Mr. James mentioned that in the immediate area, the Terry York Ford dealership has two freestanding signs (one at 35 feet high and one at 25 feet high). Another site (Enterprise Rent -a - Car) has a 15 feet high freestanding sign. Staff recommended approval to allow one freestanding pylon sign in accordance with the proposed sign code (20 feet high, 120 square feet (bonus ZA Minutes - September 18, 1996 25 (min0918) criteria). Staff also recommended the freestanding reader board sign be modified to a monument style sign a maximum of ten (10) feet high and 70 square feet of sign area. The recommendation would remove one freestanding sign, reduce clutter on the site and make the reader board sign more uniform with the main freestanding pylon sign. Staff also recommends that there be a landscape planter around the base of both freestanding signs as is required by code. Mr. James added that he received one letter in opposition to this application. This person is opposed to the size of the signs and is concerned about the aesthetics of Beach Boulevard. Mr. Fauland requested clarification of the applicant's original request and the Staff recommendation. Mr. Fauland asked about the mechanics (changeable copy) of the reader board. Mr. James responded that staff recommends that the reader board sign come back to the Design Review Board for final approval in order to ensure its compatibility with other freestanding signs on -site. Regarding conditions of approval, Staff recommends that there be a landscape plan submitted for the landscape planters around the freestanding signs. The Design Review Board agreed with Staff s recommendation for the freestanding pylon sign and for the wall signs but recommended that the other three freestanding signs as requested by the applicant be removed. Mr. Fauland asked if staff recommended limiting the amount of information (copy) to be placed on the reader board sign. Mr. James replied that no limit of information was proposed. THE PUBLIC HEARING WAS OPENED. Will Hawes, Superior Electrical Advertising, stated that Mr. DeLillo's intent is to modernize the fascia and lot appearance. He believes a precedence has been set by the Terry York signs. Mr. DeLillo would rather not build a planter around the base of the signs because he believes it would cause a reduction in parking spaces. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked Mr. James for clarification of the proposed landscape planter dimensions and their location. Mr. Fauland asked if the planters would reduce the drive aisle width or eliminate parking stalls. Mr. James replied that they would not. Mr. Fauland asked if the Terry York dealership has a special sign permit for their freestanding signs. Mr. James replied that they do not have one, nor do the records indicate that they have a building, permit. Regarding the wall signs, Mr. Fauland stated that the signs as recommended by Staff and the Design Review Board are an improvement and can be justified by the location of the building. Regarding the applicant's request for the main freestanding sign at 42 feet in height, Mr. Fauland stated that it was excessive in height and area and felt the sign at a maximum of 20 feet high, and 100 square feet in sign area would be in keeping with the goals and policies of the newly updated General Plan and the proposed sign ordinance. He noted that the landscape planters required by code and recommended by staff would be his recommendation because the planters would be an aesthetic improvement along the frontage of Beach Blvd. Regarding the reader board sign request, Mr. Fauland denied the request as submitted by the applicant because he could not find the sign compatible with the other proposed on -site signs with regards to colors and design and because he could not find the sign to be consistent with the goals and policies in the City's General Plan. However, he approved a modified version of the readerboard sign with a maximum height of 10 ZA Minutes - September 18, 1996 26 (min0918) feet and a maximum of 70 square feet of sign area. The modified readerboard sign shall be compatible in design, colors, and materials to the main (20 ft. high) freestanding pylon sign. Mr. Fauland agreed with Staff s recommendation to remove the other signs on -site because it reduces sign clutter and improves the appearence of Beach Blvd. SPECIAL SIGN PERMIT NO.96-13 WAS APPROVED BY THE ZONING ADMINISTRATOR AS MODIFIED WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. 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 - SPECIAL SIGN PERMIT NO 96-13/DRB NO 96-38/PSP NO.96-66: 1. Strict compliance with Chapter 233, Signs, will result in a substantial economic hardship to DeLillo Chevrolet and Geo at 18211 Beach Boulevard. Due to the high speeds of vehicles on Beach Boulevard and the need to ensure visibility of the business, coordinated, clear, signage is necessary to ensure visibility of the business. As modified by staff, with 1) a 20 foot high, 100 square foot internally illuminated freestanding sign, 2) the combination of the three existing freestanding signs (Body shop, Service, and reader board) into one (1) ten (10) foot high, 70 square foot sign, 3) the freestanding signs located within a landscaped planter at least two (2) feet wider than the sign itself, and 4) 204 square feet of wall signage, the signage will allow visibility, maintain a cohesive look to the signs on site and along Beach Boulevard, comply with policies of the General Plan calling for coordinated signage, and comply with the requirements of the proposed sign code. Given the speeds along Beach Boulevard, the clearer and more coordinated signs on site, the more easily comprehended and understood they will become. This may actually increase business and safety for motorists on Beach Boulevard. 2. The proposed wall signs (204 sq. ft.) and freestanding signs (2 signs, 20' high and 7' high), as modified by staff, sign will not adversely affect other signs in the area. The signage will allow visibility, help to create a cohesive look to the signs on the site and along Beach Boulevard, comply with policies of the General Plan calling for coordinated signage, and comply with the requirements of the proposed sign code. 3. The proposed 204 feet of wall signage and two (2) freestanding signs, as modified by staff, will not be detrimental to property located in the vicinity and will be compatible with the surrounding area. Given the requirements of the proposed sign code and the General Plan policies calling for coordinated signage, non conforming signs will slowly be brought into a cohesive look along Beach Boulevard. ZA Minutes - September 18, 1996 27 (min0918) 4. The proposed 204 feet of wall signage and two (2) freestanding signs, as modified by staff, will not obstruct pedestrian or vehicular traffic vision. The proposed signs will be required to comply with the site angle and visibility requirements of Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. Given the speeds (50 MPH) on Beach Boulevard, the clearer the signage on site, the more easily it will be read and understood. This may improve visibility and may increase safety for motorist on Beach Boulevard. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 96-13/DRB NO 96-38/ PSP NO.96-6: 1. The site plan and site elevations received and dated September 10, 1996 shall be the approved layout with the following modifications: a. The proposed pylon sign shall be modified to comply with the recommended revisions to Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. This would allow a 20 foot tall, 100 square foot, internally illuminated freestanding sign. b. The three signs proposed to remain on site (Body Shop, Service, Reader Board) shall be combined into one (1) freestanding sign, a maximum ten (10) foot high and 70 square feet. The sign shall be designed to incorporate similar colors, materials, and design as the proposed 20 foot high freestanding sign. c. The site plan shall be modified to include a landscaped planter around both freestanding signs. The planter shall be a minimum of two (2) feet wider than the sign itself. 2. Prior to of submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and -plumbing). b. The Design Review Board shall review and approve the following: 1) The revised maximum 10 foot high, 70 square foot monument sign and elevations as modified pursuant to Condition No. Lb. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. ZA Minutes - September 18, 1996 28 (min0918) 1 b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; 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 and applicable Design Guidelines. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Special Sign Permit No. 96-13 shall not become effective until the ten day appeal period has elapsed. 2. Special Sign Permit No. 96-13 shall become null and void unless exercised within one 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 Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Special Sign Permit No. 96-13, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. ZA Minutes - September 18, 1996 29 (min0918) ITEM #8: SPECIAL SIGN PERMIT NO 96-12 PETITION DOCUMENT: SPECIAL SIGN PERMIT NO.96-12 (MITSUBISHI DEALERSHIP) APPLICANT: Kevin McConnell REQUEST: To install one (1) 20 foot high, 70 square foot freestanding sign in lieu of the code permitted height of 10 feet and area of 60 square feet, and to install four (4) wall signs totaling 306 square feet in lieu of the code maximum of 200 square feet. LOCATION: 16751 Beach Boulevard (West side of Beach, north of Terry). PROJECT PLANNER: Brian James Brian James, project planner, stated that the applicant has requested to continue the item because the property owner is not available today and wishes to be present. THE ITEM WAS CONTINUED TO THE OCTOBER 2,1996, ZONING ADMINISTRATOR'S MEETING. ITEM 99: SPECIAL SIGN PERMIT NO.96-14 PETITION DOCUMENT: SPECIAL SIGN PERMIT NO.96-14 (CHRYSLER, PLYMOUTH, HUMMER, HYUNDAI, JEEP/EAGLE DEALERSHIP) APPLICANT: Kevin McConnell REQUEST: To install three freestanding signs: 1) 15 foot high, 55.18 sq. ft., 2) 25 foot high, 97.67 sq. ft., and 3) 10 foot high, 25.5 sq. ft. in lieu of the code permitted number of signs per frontage (one), height (10 ft.), area (60 sq. ft.), and distance between freestanding signs (150 ft. in lieu of 200 ft.). The request includes two (2) wall signs, • totaling 310 square feet in lieu of the code maximum of 200 square feet. LOCATION: PROJECT PLANNER: ZA Minutes - September 18, 1996 16661 Beach Boulevard (West side of Beach, north of Terry). Brian James 30 (min0918) Brian James, project planner, first prefaced the recommended action for the sign variance by reviewing the history and background of the existing and proposed (draft) sign ordinance in the city. When the update to the City's General Plan was adopted in May, one of the primary concerns was the aesthetics of Beach Boulevard, including signage. There were goals and policies adopted in the Land Use and Urban Design elements calling for coordinated and cohesive signage in order to provide an improved aesthetic appearance to Beach Boulevard. An Urban Design task force was recently formed to look at ways to address the aesthetics of Beach Boulevard. The City is also in the process of revising and updating the sign ordinance. The purpose of the revised sign ordinance is to allow increased visibility for businesses on Beach Boulevard and to address and create a coordinated and improved aesthetic look on Beach Boulevard. The draft sign ordinance as proposed will allow the following freestanding sign for the subject site: sites with 200-400 feet of frontage, a maximum 20 feet high freestanding sign, maximum 100 square feet of sign area, and provisions and criteria for bonus sign area. Brian James, project planner, presented the staff report and reviewed the applicants request for all the signs requested: a 15 foot high freestanding sign with 55.18 square feet of sign area (Hyundai sign); a-25 foot high freestanding sign with 97.67 square feet of sign area (Chrysler Plymouth sign); and a 10 foot high freestanding sign with 25.5 square feet of sign area (Hummer sign). There are also two (2) proposed wall signs that total 310 square feet which face Beach Boulevard. An existing freestanding sign at 50 feet tall and 400 square feet (area) sign will be removed. Mr. James discussed the colors and design of the proposed signs. Staff recommended the wall signs be brought into conformance with the code (total of 200 square feet), and the three (3) freestanding signs be modified to be all ten (10) feet tall, with a total (sign area) square footage for all three (3) freestanding signs not to exceed the maximum of 100 square feet. The Design Review Board recommended approval of the wall signs as submitted. They also recommended that the freestanding signs be re -designed to reduce the number of signs and be re- submitted for their final review. Regarding precedence set in the area, Mr. James stated that across the street there are freestanding signs for Good Guys and Marshall which exceed the maximum sign code standards for height. Immediately to the north is a Dodge dealership freestanding sign which also exceeds the maximum sign code standards for height. Mr. Fauland reviewed the wall signs and agreed with the Design Review Board's recommendation. Regarding the freestanding signs, Mr. Fauland asked for clarification of the applicants request. Mr. James stated that the applicant requested these signs because of their lease agreements which require that car names (franchise) not be on the same sign. Mr. Fauland raised the question as to why the franchise names can be placed together on the wall signs but not combined on the freestanding signs. Mr. James also stated that code requires that there be 200 :feet between signs, and that the application requests 150 feet between signs. Mr. James mentioned that there are a number of smaller freestanding signs along Chrysler Drive. Staff recommends that these signs be removed as well. Mr. Fauland asked if this site currently has a planned sign program; Mr. James responded that it did. Mr. Fauland asked if it allows for signs along Chrysler Drive. Mr. James responded that this was not addressed and that he could not find building permits for these signs. Mr. Fauland reiterated the possibility of combining the freestanding signs into one sign along Beach Blvd. Mr. James responded that the lease agreements between the franchises would not allow the signs to be combined. JA Minutes - September 18, 1996 31 (min0918) THE PUBLIC HEARING WAS OPENED. Kevin McConnell, Signs and Services, 10980 Boatman Avenue, Stanton, stated that the current Hyundai sign is too low for street visibility and that it needs to be taller. He mentioned that brands of manufacturers must be on individual signs. He stated that if two brands are together, it is co -branding, which is not accepted under lease agreements. Mr. McConnell mentioned that his application is for a 60 percent reduction in sign area. Mr. Fauland asked for clarification from the applicant as to why it is acceptable to have wall signs with car name brands combined, but not freestanding signs. Mr. Fauland asked about the proposed colors of the sign faces (freestanding signs) and if the colors of the lettering could be consistent (blue) on all the sign faces. Mr. Rick Evans, owner of these car dealerships, stated that the Hummer sign colors are their national Hummer logo. He stated that when a manufacturer grants a franchise, the dealer is required to support the sign program they offer on a national basis to maintain name recognition. Mr. Evans stated that he is requesting only three (3) signs because Chrysler Plymouth Jeep/Eagle are all owned by Chrysler, and it is sanctioned by Chrysler to combine all four (4) names. The others must be on separate signs. He mentioned that he has a one-year term with Hyundai. Hyundai stipulated to Mr. Evans that he must honor their sign (colors) program or else the lease would be terminated. Tom Andrusky, Economic Development, voiced support for the applicant's request. He believes it is a major improvement over what is there now. Mr. Fauland asked Mr. McConnell about the varying pole signs and why colors, size and design are not consistent. There was a general discussion as to the signs colors, design, height, number of signs and the proposed sign ordinance. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland asked Mr. James if the red treatment in the Hummer sign could be continued somewhere else on the property (building) for consistency of design and colors. Mr. Evans mentioned that he would be willing to change the sign face letters ("Hummer") to blue and would work with the manufacturer to get this approved. Mr. Fauland asked Mr. James if the Design Review Board wanted to review all the signs again after the action today and Mr. James said they did. Mr. Fauland stated that the City Council has recently approved the update to the General Plan which included goals and policies to develop a long range plan to improve the aesthetics of the City. These goals and policies are to address the aesthetics of the major corridors (Beach Blvd.) and coordinate signage to improve the appearance of the city's most traveled streets. He stated that after his action on the application, the signs shall be returned to the Design Review Board for final review of colors and materials. ZA Minutes - September 18, 1996 32 (min0918) Regarding the wall signs, Mr. Fauland indicated that findings could be made to approve them as submitted. He recommended a condition of the planned sign program to look at all the signs along Chrysler Drive to make sure that they are compatible in color, design and materials with the other freestanding signs on -site. Regarding the freestanding signs, Mr. Fauland approved the request for deviation in separation and location of all three (3) signs. Mr. Fauland approved the main freestanding pylon sign, the Chrysler, Plymouth, Jeep/Eagle sign, at a maximum 20 feet high and a maximum of 100 square feet of sign area. Mr. Fauland approved the other two freestanding signs at a maximum 10 feet high and a maximum 70 square feet of sign area. Mr. Fauland required that all three signs be revised to be the same style, design, colors, and flag style cabinets. Mr. Fauland indicated that his recommendation for consistent signs is consistent with the goals and policies of the updated General Plan and the proposed sign ordinance. He also indicated that findings could be made for the three (3) freestanding signs which exceed current height and size requirements because their are signs in the immediate area that exceed the maximum height and area allowed by code. Mr. Fauland also recommended the Hummer sign could be red or blue letters, whichever Mr. Evans is able to work out with the manufacturer. Mr. Fauland recommended that the signs go back to the Design Review Board for their final review. SPECIAL SIGN PERMIT NO.96-14 WAS APPROVED BY THE ZONING ADMINISTRATOR AS MODIFIED WITH THE FINDINGS AND CONDITIONS OF APPROVAL AS RECOMMENDED BY STAFF. 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 - SPECIAL SIGN PERMIT NO, 96-14/DRB NO, 96-47/PSP NO.96-11: 1. Strict compliance with Chapter 233, Signs, will result in a substantial economic hardship to Chrysler, Plymouth, Hummer, Hyundai, Jeep/Eagle dealer located at 16661 Beach Boulevard. Due to the high speeds of vehicles on Beach Boulevard, the requirement of the franchise agreement to install separate freestanding signs, and the need to ensure visibility of the business, coordinated, clear, signage is necessary to ensure economic viability of the business. The wall signs, as submitted by the applicant (3 10 square feet), are justified due to the 125 foot setback from the front property line. As proposed with two (2) foot tall letters, the text will be visible at this distance. As proposed, the number of freestanding signs (three in -lieu of one) and reduced separation distance between freestanding signs along Beach Boulevard (150 feet in -lieu of 200 feet) will allow the dealership to advertise the separate brands and comply with the franchise agreement that prohibits the mixing of brand names on the same freestanding sign. As modified by the Zoning Administrator, the two secondary signs (Hyundai and Hummer) at a maximum of 10 feet tall and 70 square feet in sign area each, and the 20 foot tall, 100 square foot main sign (Chrysler, Plymouth, Jeep/Eagle) will allow visibility, maintain a cohesive look (consistent design, colors and materials) to the signs on site and along Beach Boulevard, comply with policies of the General Plan calling for coordinated signage, and comply with the requirements of the proposed sign code in terms of sign area and height for the primary and secondary signs. Given the speeds along ZA Minutes - September 18, 1996 33 (min0918) Beach Boulevard (50 MPH), the clearer and more coordinated signs on site, the more easily comprehended and understood they will become. This may actually increase business and safety for motorists on Beach Boulevard. 2. The proposed wall signs (310 sq. ft.) and freestanding signs (three signs), as modified by the Zoning Administrator, will not adversely affect other signs in the area. Signs of a similar height and area exist to the north and south of the subject property. The signage will allow visibility, help to create a cohesive look to the signs on the size and along Beach Boulevard, comply with policies of the General Plan calling for coordinated signage, and comply with the sign area requirements of the proposed sign code. 3. The proposed wall signs (310 sq. ft.) and freestanding signs (three signs), as modified by the Zoning Administrator, will not be detrimental to property located in the vicinity and will be compatible with the surrounding area. Given the requirements of the proposed sign code and the General Plan policies calling for coordinated signage, non conforming signs will slowly be brought into a cohesive look along Beach Boulevard. 4. The proposed wall signs (310 sq. ft.) and freestanding signs (three signs), as modified by the Zoning Administrator, will not obstruct pedestrian or vehicular traffic vision. The proposed signs will be required to comply with the site angle and visibility requirements of Chapter 233, Signs, of the Huntington Beach Zoning and Subdivision Ordinance. Given the speeds (50 MPH) on Beach Boulevard, the clearer the signage on site, the more easily it will be read and understood. This may improve visibility and may increase safety for motorist on Beach Boulevard. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO 96-14/DRB NO 96-47/ PSP NO.96-11: 1. The site plan and site elevations received and dated August 16, 1996 shall be the approved layout with the following modifications: a. The three (3) proposed pylon signs shall be modified into two secondary signs (Hyundai and Hummer) each a maximum of 10 feet tall and 70 square feet in sign area, and one (1) 20 foot tall, 100 square foot main sign (Chrysler, Plymouth, Jeep/Eagle). The poles and cabinets of the freestanding signs shall incorporate the same design, materials, and colors. The sign faces of the freestanding signs shall be as submitted by the applicant; however, the Hummer sign may utilize either the proposed red color or a blue, similar in color to the proposed freestanding signs, for the "Hummer" copy. b. The two (2) freestanding signs along Chrysler Drive nearest the intersection of Beach Boulevard shall be removed. ZA Minutes - September 18, 1996 34 (min0918) 0 2. Prior to of submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The Design Review Board (and/or Department of Community Development) shall review and approve the following: 1) Revised signs and elevations as modified pursuant to Condition No. 1. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; 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 and applicable Design Guidelines. The landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. (PW) (Code Requirement) 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Special Sign Permit No. 96-14 shall not become effective until the ten day appeal period has elapsed. ZA Minutes - September 18, 1996 35 (min0918) 2. Special Sign Permit No. 96-14 shall become null and void unless exercised within one 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 Department of Community Development a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Special Sign Permit No. 96-14, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall -be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. THE MEETING WAS ADJOURNED AT 4:30 P.M. BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 2,1996. J i a Niles - Acting Zoning Herb Fauland Zoning Administrator HF:MBB:efb ZA Minutes - September 18, 1996 36 (min0918)