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HomeMy WebLinkAbout1996-10-30MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 30,1996 -1.30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Jane Madera, Hannah L. Brondial Bowen, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: ENTITLEMENT PLAN AMENDMENT NO.96-01 (CONTINUED FROM THE OCTOBER 16,1996, ZONING ADMINISTRATOR MEETING) APPLICANT: John P. Erskine, Esq., Nossaman, Guthner, Knox, and Elliott, LLP PROPERTY OWNER: Sharp Electronics Corporation, Sharp Plaza, 20600 S. Alameda Street, Carson, CA 90810-1105 REQUEST: To amend certain conditions of approval for Conditional Use Permit No. 95-63 which was previously approved for the construction of a distribution and regional headquarters for Sharp Electronics Corporation. The conditions of approval proposed for amendment include water service, sewer connections, and bus turnouts. LOCATION: 5901 Bolsa Avenue (Northwest corner of Bolsa Avenue and Springdale Street). PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, stated this item had been continued from the October 16, 1996, Zoning Administrator meeting to allow further discussion between the applicant, interested parties and City staff regarding the outstanding issues from the last public hearing. The discussion included Conditions No. 4.r.1. and No. 4.r.6. Ms. Madera stated that staff has revised the conditions and is recommending approval as stated in the letter dated October 25, 1996. The revisions include: Condition No. 4.r.1 - the last sentence has been deleted, "The surface of the easement shall be paved with an all weather road." Condition No. 4.r.6 - will be revised to read, "The City shall pay $62,500 or a different price as mutually agreed upon by the City and McDonnell Douglas Realty Company (MDRC) for the easement." The remaining issues as presented in the last public hearing remained the same. A letter was received from Dennis O'Neil, representing MDRC, stating that MDRC was not in favor of revising Condition No. 4.j. pertaining to sewer. Also, MDRC recommended that Condition No. 4.r. dealing with water issues be eliminated from the Sharp conditions. Staff recommended Condition No. 4.r. remain as is. Staff also recommended that the required bus turnout be deleted from the conditions of approval. MDRC's agreed as long as it does not impact further McDonnell Douglas property developments. Staff explained that the properties will be analyzed individually as they are developed and appropriate conditions of approval will be placed on those properties at that time. Staff is recommending the revised conditions to read as stated in the October 25, 1996 letter. Herb Fauland, Zoning Administrator, stated for the record the letter from Dennis O'Neil, Hewitt & McGuire, referred to by Ms. Madera was dated October 25, 1996. THE PUBLIC HEARING WAS OPENED. John Erskine, applicant, stated in reference to the October 25, 1996, letter from Dennis O'Neil that Sharp did not provide testimony that there was minimal capacity in the sewer line at Bolsa. Mr. Erskine also objects to having specific language referencing the Sharp parcel in Condition No. 4.v. regarding the bus turnout. Mr. Erskine made the following points regarding Condition No. 4.r.: The sewer generates only 5,300 gallons of sewage per day, thus creating a minimal impact on the existing sewer line in Bolsa and Able Lane. The existing sewer line in Bolsa and Able Lane is sufficient to handle this sewage flow. The Kennedy -Jenks sewer study commissioned by the City of Huntington Beach in April 1995, resulted in the project being tabled to -flow into Bolsa. Flow tests completed by the City of Huntington Beach on March -April 1996 showed that only about four (4) inches of the 12 inch Able/Bolsa/Graham line capacity was being utilized. The City of Huntington Beach Public Works Department had informed the master developer on May 3, 1996, that there was sufficient sewer capacity in the Bolsa/Graham line for the Sharp project. Kennedy -Jenks confirmed in July 1996, based on a Adams Streeter study done for the master developer, that the Graham line also has sufficient capacity for the Sharp project and did not need to be upsized. The Sharp project and the sewage flow will not require any upsizing of the City sewer lines, and any upsizing of such lines in the future would be necessitated by other development in the area. Any transfer of the property or change in use is already required by covenant to be subject to review and approval by the City of Huntington Beach as to additional public facilities such as potential sewer impacts connected with a change or a potential change in use of the subject project. ZA Minutes - 10/30/96 2 (MIN1030) Mr. Erskine made the following points regarding Condition No. 4.v.: Orange County Transit Authority (OCTA) has informed the City of Huntington Beach that the westbound Bolsa bus line running between Springdale and Bolsa Chica Road has been discontinued because of insufficient demand. The prior ridership of said bus line was minimal or at zero passengers per quarter. Other existing bus turnouts currently exist on westbound Bolsa at locations more central to the proposed McDonnell Douglas Business Center. Dennis O'Neil, Hewitt and Mcguire, 19900 MacArthur, Ste. 1050, Irvine, submitted a copy of his letter to the Zoning Administrator dated July 25, 1996, for the record. Mr. O'Neil stated that he believes there is adequate capacity in the Bolsa line to accept the minimal flows of the Sharp property as presently designed. Mr. Erskine represented it to be 5,300 gallons per day which seems to be sufficient capacity to handle the discharge from the Sharp Property. However, MDRC believes that because of the way the City allocates capacity McDonnell Douglas will be required to upsize the existing sewer system that ties into Bolsa on their property. They thereby request that wording be added to Condition No. 4.j. to require the applicant to reimburse MDRC or the City for any costs of increased capacity or the cost of constructing increased capacity in the sewer system if in fact the Sharp project does change use and is operated in a way that will require more capacity than the 5,300 gallons a day. In reference to Condition No. 4.r. MDRC has prepared a Water Facilities Agreement incorporating the seven (7) conditions stated in Condition No. 4.r. and suggests the City might consider eliminating that condition and allow MDRC to continue the negotiation for an agreement through the separate Water Facilities Agreement. There is a reference in the fourth line down of Condition No. 4.r.1 that states in addition MDRC shall provide a 20 foot wide easement to Rancho Road to provide vehicular access. MDRC suggests that the words "provide vehicular access" be eliminated and that the vehicular access to the well site be provided off of Astronautics Road. In the Water Facilities Agreement that has been submitted to the staff, it does provide for vehicular access off of Astronautics Road to the water well. Mr. O'Neil also stated that in reference to Condition No. 4.r.6 MDRC agrees that it is appropriate to have the added language as mutually agreed to upon by the City and MDRC, however, they suggest that the dollar amount be eliminated altogether. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Dave Webb, Public Works, spoke in reference Condition No. 4.j stating that Public Works stands by their recommended condition. ZA Minutes - 10/30/96 3 (MIN1030) Scott Field, City Attorney's Office, stated that he has been working on the Agreement with the Public Works Department. He believes that with some modifications the Agreement is acceptable. Herb Fauland, Zoning Administrator, asked staff to provide findings that would support their recommendation for approval. Jane Madera stated the suggested findings for the revised conditions of approval are as follows: The project itself for the construction of a 538,000 square foot industrial building will remain in compliance and consistent with the General Plan and zoning designation of General Industrial on this property. The revisions to the conditions of approval will not harm the health, safety or welfare of surrounding uses or interested parties. The revisions will not change the proposed layout of the project currently under construction and is still in conformance with the approved plan. Mr. Fauland, stated that he would approve the request with the conditions as outlined in the October 25, 1996, letter from Jane Madera to John Erskine with the following modifications: Condition No. 4.j. will remain as recommended in the letter. Condition No. 4.r.1 will be amended to include the addition of "(s)" after the word easement with the remainder of the condition to remain the same. Condition No. 4.r.6. will remain as proposed in the letter. ENTITLEMENT PLAN AMENDMENT NO.96-1 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 - ENTITLEMENT PLAN AMENDMENT NO.96-1: 1. Entitlement Plan Amendment No. 96-1 to amend Conditions of Approval Nos. 4.j., 4.m., 4.r., and 4.v. of Conditional Use Permit No. 95-63 regarding water service, sewer connections, and bus turnouts 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. The amended conditions relate to infrastructure improvements that are necessary to serve the previously approved development. 2. The entitlement plan amendment regarding water service, sewer connections, and deletion of a bus turnout will be compatible with current surrounding uses because adequate water service and sewer connections will be provided for the site and other bus turnouts are existing along Bolsa Avenue to serve the current uses in the area. ZA Minutes - 10/30/96 4 (MIN1030) 3. The proposed amendments to conditions of approval will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition previously required for the proposed use. 4. The development and use of the 538,859 square foot office headquarters and warehouse/distribution facility for Sharp Electronics Corporation will continue to comply with the IL, Limited Industrial Zoning designation and with the previously approved findings and conditions of approval for Conditional Use Permit No. 95-63. 5. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of IG, General Industrial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU-1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. b. Goal LU-2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. SPECIAL CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.95-63/ IN CONJUNCTION WITH ENTITLEMENT PLAN AMENDMENT NO.96-1: NOTE: Conditions of Approval identified in bold print represent amended conditions as a result of the Zoning Administrator's action on Entitlement Plan Amendment No. 96-1. All other conditions as previously approved in Conditional Use Permit No. 95-63 shall remain in effect. The site plan, floor plans, and elevations received and dated August 8, 1995 shall be the conceptually approved layout with the following modifications: a. The Phase III site plan shall be revised to depict one (1) tree well every ten (10) parking spaces. (CDD) b. The Phase I, Phase II, and Phase III site plans and floor plan shall be revised to reflect compliance with the Transportation Demand Management Ordinance, including provision of parking for carpool vehicles, shower and locker facilities, bicycle parking, commuter information areas, passenger loading areas, parking for vanpool vehicles, and bus stops. (CDD) ZA Minutes - 10/30/96 5 (MIN1030) c. The Phase I, Phase II, and Phase III site plans shall be revised to depict decorative wrought iron fencing interspersed with pilasters along the east and west sides of the property. The wrought iron and pilasters shall be identical in design, style, and height as the materials proposed along the south side of the property. The rear property line security fence may be green coated chain link at nine (9) feet high. (CDD) d. The Phase I, Phase II, and Phase III site plans shall be revised so that all parking stalls adjacent to landscape planters are reduced by two (2) feet in length. Conversely, landscape planters at the head of all parking stalls shall be increased by two ( 2) feet. There shall be no concrete wheel stops for any parking stalls adjacent to landscaping. (CDD) e. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius type construction. (PW) 2. Prior to issuance of grading permits, the following shall be completed: a. Provide evidence acceptable to the City of Huntington Beach Public Works Department that grading and construction staging areas will be located as far as practical from residential areas. (CDD) b. A drainage fee will be paid. This drainage fee will be reimbursed to payer upon City acceptance of all required on -site and off -site drainage improvements. (PW) c. A National Pollution Discharge Elimination System (NPDES) permit for construction activities shall be obtained from the Regional Water Quality Control Board. Evidence that the NPDES permit has been obtained shall be submitted to the City Engineer. (PW) 3. Prior to issuance of building permits, the following plans and items shall be submitted and/or completed: a. Plans depicting compliance with Condition of Approval #1, above, shall be submitted for review and approval. (CDD) ZA Minutes - 10/30/96 6 (MIN1030) b. A covenant which requires that any future user be subject to review and approval by the City shall be submitted. The covenant shall be subject to review and approval by the City Attorney's Office. The covenant shall identify that the 300 provided parking spaces have been deemed sufficient for the Sharp Electronics Corporation requirements only and any other future user will be subject to provision of the remaining 503 code required parking spaces pursuant to the approved design and layout of Phase III. The covenant may specify that a further parking study may be provided to determine if the additional 503 parking spaces are necessary at the time a new tenant is proposed. However, any further parking study shall be subject to review and approval by the City. After approval of the covenant by both City Attorney's Office and the Community Development Department, but before Certificate of Occupancy, the covenant shall be recorded on the property. (CDD) c. A Landscape Construction Set for all on -site landscaping and landscape medians in Springdale Street shall be 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 plant materials (location, type, size, quantity), irrigation plan, grading plan and approved site plan, and copy of conditions of approval. The landscape plan shall incorporate the goals and policies of the Urban Design Element and Circulation Element contained in the proposed update of the General Plan and shall also be in conformance with Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. The set must be complete and approved by both Community Development Department and Public Works Department prior to issuance of building permits. (PW/CDD) d. Rooftop Mechanical Equipment Plan. Said plan shall indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. (CDD) e. All applicable Public Works fees shall be paid. (PW) f. All utility apparatuses such as but not limited to backflow devices and Edison transformers, shall be prohibited in the front yard and exterior sideyards unless properly screened by approved landscaping or any other method approved by the Director of Planning. All such apparatuses shall be depicted on the site plan prior to issuance of building permits. (PW) g. Plans for an automatic fire sprinkler system will be required throughout the building. This system shall be designed pursuant to National Fire Protection Association Standards to cover any high piled stock commodity, in -racks, or other storage areas. (FD) h. Plans for standpipes with fire hose connections shall be provided per Article 81 of the Huntington Beach Fire Code. (FD) ZA Minutes - 10/30/96 7 (MIN1030) r i. Plans for curtain boards as required per Article 81 of the Huntington Beach Fire Code. (FD) j. Plans for a smoke removal system per Article 81 of the Huntington Beach Fire Code. (FD) k. Plans for Fire Department access doors designed for every 100 feet in exterior walls that lead to high piled merchandise storage areas per Article 81 of the Huntington Beach Fire Code. (FD) 1. Plans for approximately 13 new required fire hydrants, locations to be approved by the Fire Department. (FD) in. Plans for fire extinguishers as required per the Huntington Beach Fire Code. (FD) n. Plans for a 24 foot required fire access lane around the entire building. Turning radius shall comply with City Specification #401. Turning radius shall be a minimum of 17 ft. by 45 ft. Fire lanes shall be posted by approved signs per City Specification #415. (FD) o. Plans for building address numbers will comply with City Specification #428. (FD) p. Plans for all electronic gates depicting "Knox" switches installed for Emergency Personnel access. All gates shall comply with City Specification #403. (FD) q. Plans for two, ten (10) inch fire water main services shall be required for fire protection. The 10 inch on -site fire water main shall loop the entire building. Fire Department connections shall be located at each entrance. (FD) r. A grading plan shall be submitted to the Department of Public Works for review and approval. (PW) s. A Parcel Map shall be recorded with the County Recorder's Office. (PW) t. A complete and detailed hydrology and hydraulic study will be performed by an engineer to design the required systems and verify that the existing facilities are adequate. On -site and off -site systems will be designed per the approved hydrology and hydraulic studies. City approval will be required. (PW) u. Williamson & Schmid Consulting Engineers shall be hired to revise the City's "Master Plan of Drainage" to reflect the proposed diversion of flow between drainage districts. Revisions must be approved by the City. (PW) ZA Minutes - 10/30/96 8 (MIN1030) _J v. Submit a separate utility plan, showing water system improvements including service connections to each building, public and private fire hydrants, valves, and other appurtenances in accordance with applicable U.P.C., City Ordinances, Public Works Standards and Water Division Design Criteria prior to any construction. These plans shall be approved, by the Public Works Water Division and the City of Huntington Beach Fire Dept. (PW) w. Street improvement plans shall be prepared to show proposed improvements. Additionally, landscape and irrigation plans shall be required for Springdale medians. (PW) 4. Prior to final building permit inspection or Certificate of Occupancy, the following items shall be completed: a. Installation of required on -site and off -site landscaping and irrigation systems shall be completed prior to final inspection. (PW) b. Traffic Impact fees shall be paid. (PW/CDD) c. A copy of the recorded map shall be filed with the Department of Community Development. (PW/CDD) d. All Fire Department requirements and improvements as listed under Condition of Approval No. 3 shall be installed. (FD) e. All Public Works Department requirements and improvements listed under Condition of Approval No. 3 and in this Condition shall be installed. (PW) f. The City will allow a proposed diversion of storm water flows from the existing drainage area containing the easterly ±60 acres of the McDonnell Douglas property, into the adjacent drainage area to the west. Written approval from OCFCD to divert storm water into adjacent drainage area shall be obtained. (PW) g. Design and construct at no cost to the City, a new public storm drain line along the south side of the McDonnell Douglas, Huntington Beach property to accept the additional flow and relieve the existing storm drain line in Bolsa Avenue. The new storm drain shall be designed to current City standards. The new storm drain shall also be designed to bring tributary drainage areas of both the new storm drain and the existing storm drain in Bolsa Avenue into conformance with current flood protection standards. Only the main line of the new storm drain will be public. All existing and proposed lateral pipes shall remain private. (PW) ZA Minutes - 10/30/96 9 (MIN1030) h. Nine acres of the proposed ±23 acre subject site will drain per the existing master plan into the existing 54" storm drain in Springdale Street provided that the existing storm drain in Springdale Street can accommodate the storm flow. The remaining area will be diverted to the west. (PW) i. All roof drains will be directly tied into the on -site storm drain system. (PW) j. Connect to the existing 12" City sewer main in Bolsa Avenue at Able Lane. (PW) k. The entire water and private fire systems shall be designed and installed per the City of Huntington Beach Water Division's design criteria, standards plans and specifications. (PW) 1. The proposed on -site water system shall consist of one domestic water service sized per the Uniform Plumbing Code, one separate irrigation service sized per the developer's landscape architect, and a separate private fire protection system sized per the City of Huntington Beach Fire Department requirements. Additionally, the site shall be serviced by public and private fire hydrants located per the City of Huntington Beach Fire Department. Submit hydraulic calculations supporting proposed water system design with the first plan check submittal package. (PW) m. The private fire protection system shall consist of on -site piping looped around the proposed structure, with connection to the water mains in Able Lane and Bolsa Avenue. The service connections shall consist of water meters approved by the City's Water Division and double check detector backflow devices. Water meter installation shall be approved by the Water Division. The double check detector check backflow devices shall be installed per the Water Division Standard Plan No. 618. Developer shall enter into an agreement with the City that will, in perpetuity with the land, allow the City to operate and maintain the water meter on the backflow device. The private fire hydrants shall be located per the City of Huntington Beach Fire Department and are not to be painted the same color as public fire hydrants. Design and construction of the underground portion of the private fire system shall be per the City of Huntington Beach Water Division's Design Criteria, Standard Plans and Specifications. (PW) n. All existing water services along the frontages of the subject parcel shall be abandoned at the main per the City of Huntington Beach Water Division Standard Plans and Specifications. (PW) o. The developer shall use "drought tolerant" plants and turf for all common area landscaping. The developer shall submit irrigation demands to ensure proper irrigation service sizing. (PW) ZA Minutes - 10/30/96 10 (MIN1030) L p. All underground construction shall be per the City of Huntington Beach Water Division, (PW) q. Backflow protection shall be installed per the City of Huntington Beach Water Division Standard Plan No. 609 for both domestic and irrigation water services. All backflow devices shall be painted to match the surrounding aesthetics, and shall be screened from view to the satisfaction of the City of Huntington Beach Fire Department, Landscape and Water Division. The markings, indicating the size, model number and serial number shall be permanently affixed to the body of the backflow device and must remain visible after painting. (PW) 4r. The City and McDonnell Douglas Aerospace ("MDA") and McDonnell Douglas Realty Company ("MDRC") shall enter into an agreement providing as follows: 1. MDA and/or MDRC shall dedicate a well site to the City in the northern corner of MDA/MDRC property, south of Rancho Road and north of Astronautics Drive. In addition, MDA/MDRC shall provide a 20 foot wide easement(s) to Rancho Road to provide vehicular access and connect gas, electric, telecommunications, sewer and related utilities to serve the well site. 2. McDonnell Douglas Aerospace ("MDA") and McDonnell Douglas Realty Company ("MDRC") will make an irrevocable offer of dedication and the City will accept a 15 foot wide easement to be used to transport well water running from the well site to Peck Reservoir. Additionally, it is agreed that MDRC shall have the option to widen said easement to 20 feet to accommodate a potable water line to serve MDRC's future development. The easement shall extend northerly to Rancho Road, abut the well site described at subparagraph (1) above, and extend southerly and easterly to the proposed 20-foot wide easement on the western side of Parcel 2 of Parcel Map 93-202. 3. The pipeline easement shall be dedicated to the City when construction costs are identified and funded, engineering plans are certified as complete, and the City has authorized construction of the water well line. The pipeline easement shall be located within a vehicular travelway (no parking) in a reasonably direct route from the water well to the proposed easement in Parcel Map 93-202. The surface of the easement shall be paved with an all-weather road. 4. The City shall be responsible for building the well water line at a time of its choosing and shall make suitable arrangements to route traffic during construction. MDA and/or MDRC shall be responsible for construction of the potable water line and construction and maintenance of the all-weather road. zA Minutes - 10/30/96 11 (MIN1030) 5. City shall use its best good faith efforts to negotiate an easement to construct the well -water line within the Navy railroad right-of-way. The City at its sole discretion may decide to build the pipeline within the Navy right-of-way in which case MDA's and MDRC's obligation under Items 2 and 3 of this condition 4r. shall cease except for the easement north to Rancho Road. Further, in such event where the City constructs the pipeline in the Navy railroad right -of -way, MDRC agrees to dedicate an easement for a Peck Reservoir gravity flow drain line to connect to the storm water drain located in Skylab Road. Notwithstanding the above, the City's obligation to obtain an alignment within the Navy right-of-way and MDRC's offer to dedicate the gravity flow drain line easement shall expire on June 30, 1997. 6. In the event the City does not acquire an easement from the Navy as is provided in Item 5 of this condition 4r., MDRC shall offer to sell to the City for sixty-two thousand five hundred dollars ($62,500.00) or a different price as mutually agreed upon by the City and MDRC, a 20-foot right-of-way for construction by the City of a 24-inch drain line and a 16-inch well water line from Skylab Road to Peck Reservoir. The easement shall be 20 feet wide and located within Parcel 2 of Parcel Map 93-202. The easement shall be used primarily by the owner of Parcel 2 as a driveway or vehicular travelway and no parking or structures shall be placed upon it. The City shall have the right to use the surface for temporary construction purposes and thereafter, for maintenance, including equipment and vehicles. The roadway will not be used to provide access to Peck Reservoir. MDRC's offer to sell the easement shall expire on June 30,1997. 7. Upon completion of the work (returning the existing 12-inch water line in Springdale to service) by the City, MDRC shall reimburse the City two thousand seven hundred dollars ($2,700.00) for the cost to return the existing 12-inch waterline in Springdale Street from Bolsa Avenue to Peck Reservoir to service. s. All new utilities shall be constructed underground. (PW) t. Underground all existing dry utilities less than 66 kv that front (or cross) the property on Springdale Street and Bolsa Avenue. Existing dry utilities on Able Lane will not require undergrounding. (PW) u. Able Road and Bolsa Avenue will be widened to their ultimate widths including curb, gutter, sidewalk and street pavement. New pavement thickness will be based on a 20 year design life. The existing structural section in Bolsa Avenue and Springdale Street may be inadequate to handle the increased truck traffic generated by the site. Sections of Bolsa Avenue and Springdale Street, may require overlay or reconstruction, pending a review of the proposed traffic study and pavement/soils testing report, to upgrade one half of the frontage streets to a 10 year design life. (PW) ZA Minutes - 10/30/96 12 (MIN1030) turnout, shall be r-equired on westbound4W. > Avenue.PM+ (Condition No. 4.v. has been deleted in its entirety). w. Construction of landscaped medians shall be required on Springdale Street to the east of the subject parcel. (PW) x. The existing raised median on Bolsa Avenue may require modification to accommodate left turns at Able Lane and into the south entrance of the site. (PW) y. The entry gate on Springdale Street shall be located within 10' of the back of sidewalk. (PW) z. The entry gate on Bolsa Avenue shall be designed to allow a SU-30 standard design vehicle (e.g. UPS truck) a complete turn to exit. (PW) aa. Provide a "hammerhead" turn around with a "No Parking" area at the security gate in the northerly drive aisle, east of the truck loading/unloading bays. (PW) bb. Installation of a traffic signal at the intersection of Bolsa Avenue and Able Road shall be completed at no cost to the City. (PW/CDD) cc. The developer shall revise the striping on Springdale Street to provide for left turn pockets to the public streets on the east side. (PW) dd. Provide a travel aisle next to and parallel with the fence located at the west side parking area security gate, south of the truck entrance. (PW) 5. Hours of truck loading, unloading, and delivery operation shall be Monday through Friday from 8:30 a.m. to 5:00 p.m. Occasional nighttime operations necessitated by unanticipated operational requirements, such as heavy traffic conditions on the freeway, may be permitted but should be avoided whenever possible. (CDD) 6. All truck traffic, which is oriented primarily to and from the Port of Long Beach, shall be directed by the management to use the Bolsa ChicaBolsa Avenue/Able Lane route to get to and from the site. (CDD) 7. 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. (CDD) 8. Low -volume heads shall be used on all spigots and water faucets. (CDD) 9. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. (CDD) ZA Minutes - 10/30/96 13 (MIN1030) 10. The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or parking are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. (CDD) 11. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. (CDD) 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. (CDD) 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. (CDD) 3. The applicant shall obtain permits from the South Coast Air Quality Management District, if necessary. (CDD) 4. 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, foundations, retaining walls, streets, and utilities. (PW) 5. An encroachment permit shall be required for all work within City right-of-way. (PW) 6. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 95-63 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. (CDD) ITEM 2: VARIANCE NO.96-26 (BALCONY ADDITION) APPLICANT/ PROPERTY OWNER: Joe Young, PO Box 1067, Huntington Beach, CA 92647-1067 REQUEST: To encroach four (4) feet into a 25 foot required rear yard setback in order to construct a balcony. LOCATION: 6801 Derby Circle (north of Garfield, west of Goldenwest and south of Ellis) PROJECT PLANNER: Hannah L. Brondial Bowen ZA Minutes - 10/30/96 14 (MIN1030) Hannah L. Brondial Bowen, Planner, displayed site plan and photographs. Ms. Bowen stated the request is to encroach four (4) feet into a 25 foot required rear yard setback in order to construct a balcony at 6801 Derby Circle in the Ellis-Goldenwest Specific Plan area. The applicant has indicated that a balcony is an architectural feature that is desired for his custom home which is currently under construction. The applicant has also stated that a balcony would be in character with the neighborhood since many of the homes have balconies or decks. The applicant has received approval for the balcony from the Homeowners' Association as well as the adjacent property owners. During staff s site visit to the property on October 18, 1996, it was noted that the parcel abuts an equestrian trail easement along the rear property line. The trail easement is separated from the residential lots by a wooden fence which ranges in height from six (6) to eight (8) feet. Because of the unusually tall fence of the trail easement the scenic views of the subject property are obstructed. Allowing the balcony to encroach into the rear setback would provide the property with picturesque views which are currently lacking. Staff has received one (1) condition of approval from the Fire Department and no other special conditions from the other Departments. The Fire Department's condition is that the applicant provide a note on the plans stating that automatic sprinklers will be installed underneath the balcony per the Huntington Beach Fire Code and the Uniform Building Code. Staff stated that no comments were received from the public and is recommending approval of the variance with findings as outlined by staff. THE PUBLIC HEARING WAS OPENED. Joe Young, PO Box 1067, property owner, stated that he was not aware of the condition from the Fire Department requiring fire sprinklers. He stated that the balcony is made out of steel and, therefore, fireproof. John Hansen, 305 N. Harbour Boulevard, #330A, Fullerton, contractor, gave a description of the project and stated that the steel balcony would be fireproof. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated that the request from the Fire Department for fire sprinklers under the balcony seemed unusual. Mr. Fauland stated that since the balcony would be of steel construction, staff should create language in the conditions of approval to allow the property owner to show compliance with fire regulations to the Fire Department in lieu of fire sprinklers. VARIANCE NO.96-26 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 - 10/30/96 15 (MIN1030) FINDINGS FOR APPROVAL - VARIANCE NO 96-26• 1. The granting of Variance No. 96-26, for the four (4) foot encroachment of a balcony into the twenty-five (25) foot rear yard setback, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Many of the homes in the neighborhood have received building permits for balconies or decks which appear to encroach within the setback areas. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. The parcel abuts an equestrian trail easement along the rear property line. The sixteen (16) foot wide trail easement is separated from the residential lots by a wooden fence which ranges in height from 6-8 feet. Because of the unusually tall fence of the trail easement, the scenic views of the subject property are obstructed. Allowing the balcony to encroach into the rear yard setback would provide the property with picturesque views which it is currently lacking. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The encroachment of the balcony into the rear yard setback would provide the subject property with scenic views enjoyed by other properties in the surrounding neighborhood. Furthermore, the Ellis Goldenwest Specific Plan development standards allow a patio cover to be built up to ten (10) feet from the rear property line. Because a patio cover and a balcony share some similar features, allowing a balcony to encroach four (4) feet into a twenty-five (25) foot rear yard setback would be compatible with this development standard. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. The balcony encroachment would occur in the rear yard where it is not visible from the public right-of-way. Furthermore, the properties to the north and east of the parcel (the adjacent parcel to the west is currently vacant) are 2-story structures, so the loss of privacy of the nearby properties should not be an issue. Lastly, the applicant has received approval for the balcony from the tract's Home Owner's Association as well as from the adjacent property owners without any objections. 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 - VARIANCE NO.96-26: 1. The site plan, floor plans, and elevations received and dated September 10, 1996 shall be the conceptually approved layout. .ZA Minutes - 10/30/96 16 (MIN1030) 2. 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. INFORMATION ON SPECIFIC CODE REQUIREMENTS• 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 Zoning Administrator reserves the right to revoke Variance No. 96-26 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance occurs. ITEM 3: CONDITIONAL USE PERMIT NO.96-70 (LARGE FAMILY DAY CARE) APPLICANT/ PROPERTY OWNER: JoAnn & Danny Moore, 6542 Cory Drive, Huntington Beach, CA 92647 REQUEST: To establish a large family day care for seven (7) to twelve (12) children. LOCATION: 6542 Cory Drive (north of Slater, west of Golden West and south of Warner) PROJECT PLANNER: Hannah L. Brondial Bowen Hannah L. Brondial Bowen, Planner, displayed a site plan. Ms. Bowen stated this was a request to establish a large family day care for seven (7) to twelve (12) children at 6542 Cory Drive. The applicant currently runs a small family day care from the subject location. The property is surrounded by a six (6) foot tall masonry wall along the rear property line and a six (6) foot tall wind fence along each side property line. The fences minimize noise impacts to the surrounding area. The driveway of the existing 1,855 square foot single family residence could accommodate up to three (3) cars which alleviates some of the need for parking on the street. Furthermore, because drop-off and pick-up times are staggered (drop-off occurs between 7:00-9:00 AM and pick-up occurs between 3:00-5:30 PM) it also minimizes the traffic impact on Cory Drive. ZA Minutes - 10/30/96 17 (MIN 1030) Special conditions of approval for the project include moving the 82 square foot covered sand box located in the rear to be setback a minimum of five (5) feet from the side property line and a minimum of ten (10) feet from the rear property line. Fire Department requires the applicant to provide one (1) fire extinguisher, smoke detectors, one (1) manual fire alarm and exit doors including manually operated sliding doors that are operable from the inside without use of a key or any special knowledge or effort. No bars or grills shall be placed on any window. The maximum number of children enrolled in large day care shall be 12 including the applicant's children under ten (10) years of age. Hours of operation shall be between 7:00 AM to 5:30 PM Monday through Friday. The applicant shall provide evidence of a City Business License and State Department of Social Services License permitting the applicant to operate the large family day care. Staff stated they have received no comments from the public or complaints from Code Enforcement regarding the current day care and is recommending approval of the request with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED. JoAnn Moore, 6542 Cory Drive, applicant, stated her concern regarding the sand box structure which has to be moved one (1) foot on two (2) sides. She stated it would be better to remove the structure and asked staff the time limit for removal. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, asked staff if they recommended removal of the sandbox structure and if so do they have a time frame. Staff is recommending removal but has not established a time frame. Mr. Fauland suggested a 90 day period to remove the structure or show compliance with the City Code. CONDITIONAL USE PERMIT NO.96-70 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 - 10/30/96 18 (MIN1030) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-70 1. The establishment, maintenance and operation of a large -family day care within an existing single family residence will not be detrimental to the general welfare of persons residing or working in the vicinity, nor detrimental to the property values and improvements in the neighborhood. Noise levels rising as a result of children playing on the subject property would be minimized by the presence of the existing wooden fence along each side property line and by the existing six (6) foot tall masonry wall along the rear property line. Furthermore, outdoor play would occur in the rear yard where the potential for noise impacts would be reduced because it is adjacent to Slater Ave, an arterial highway. 2. The location, site layout, and design of the large family day care properly adapts to the structures of streets, driveways and other adjacent structures and uses in a harmonious manner. The driveway of the existing 1,855 square foot single family residence could accommodate up to three cars which would alleviate some of the need for parking on Cory Drive. Furthermore, because drop-off and pick-up times are staggered (drop-off occurs between 7 -9 a.m. and pick-up occurs between 3-5:30 p.m.), this would also minimize the traffic impact on Cory Drive. 3. The granting of Conditional Use Permit No. 96-70 will not adversely affect the General Plan of the City of Huntington Beach. The proposed large family day care is consistent with the Residential Low land use designation of the City's General Plan. The General Plan promotes and encourages day care facilities for the community. 4. 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 is located. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-70• The site plan and floor plans received and dated September 13, 1996 shall be the conceptually approved layout with the following modifications: a. The 82 sq. foot covered sandbox located in the rear yard shall be setback a minimum of 5 feet from the side property line and a minimum of 10 feet from the rear property line. The applicant shall have 90 days from the date of this letter to comply with this condition. 2. Fire Department requirements to be completed and inspected prior to operation: a. Provide one 2A-IOBC fire extinguisher. b. Smoke detectors shall be installed per the Uniform Building Code. ZA Minutes - 10/30/96 19 (MIN1030) c. Provide a manual fire alarm per the Huntington Beach Fire Code. d. Exit doors, including manually operated sliding doors, shall be operable from the inside without the use of a key or any special knowledge or effort. No bars or grills shall be placed on any window. 3. The use shall conform to the following: a. The maximum number of children enrolled in the large -family day care shall be 12, including the applicant's children under 10 years of age who reside in the home. b. Hours of operation shall be between 7:00 a.m. - 5:30 p.m., Monday through Friday. 4.- The applicant shall obtain and provide evidence of a City business license and State Department of Social Services License permitting the applicant to operate a large family day care, prior to operation of the large family day care. 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 will be responsible for the payment of Traffic Impact fees prior to the operation of the large family day care. 4. 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 Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 96-70 may become null and void. 5. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-70 if any violation of these conditions or of the Huntington Beach Zoning and Subdivision Ordinance occurs. 6. Conditional Use Permit No. 96-70 will 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 Zoning Administrator pursuant to a written request submitted to the Planning Division a minimum of 30 days prior to the expiration date. ZA Minutes - 10/30/96 20 (MIN1030) r� THE MEETING WAS ADJOURNED AT 2:30 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, NOVEMBER 6,1996 AT 1:30 PM. j, - 0j Herb Fauland Zoning Administrator :kjl ZA Minutes - 10/30/96 21 (MIN1030)