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HomeMy WebLinkAbout1996-12-18MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 18, 1996,1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Hannah L. Brondial Bowen, Wayne Carvalho, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: SPECIAL SIGN PERMIT NO.96-16NARIANCE NO 96-28 (CAMPBELL DISPLAY CANOPY) APPLICANT: Odle & Associates, 17891 Sky Park Circle, Suite B, Irvine, CA 92714 PROPERTY OWNER: Campbell Automotive Group, Inc., 1350 Auto Mall Drive, Santa Ana, CA 92705 REQUEST: To permit a 12 foot high space frame for the display of vehicles with a width of 12 feet (at its widest point) and a length of 14.5 feet with a front setback of 13 feet in lieu of a 50 foot front setback; and, to permit a five (5) foot high freestanding sign with a sign area of approximately 10.5 square feet. LOCATION: 18801 Beach Boulevard (between Ellis Avenue and Garfield) PROJECT PLANNER: Hannah L. Brondial Bowen Hannah L. Brondial Bowen, Staff Planner, displayed site plan stating this was a request to permit a 12 foot high space frame for the display of vehicles. The space frame has a width of 12 feet (at its widest point) and a length of 14.5 feet with a front setback of 13 feet in lieu of a 50 foot front setback. The request also includes a five (5) foot high freestanding sign with a sign area of approximately 10.5 square feet. The proposed project is located at 18801 Beach Boulevard between Ellis and Garfield Avenues. Staff stated that the display area is brick lined, 22 feet by 16 feet, and currently occupies an existing display area. The use of the property is a car dealership. Staff is recommending approval of the request based on findings and conditions as outlined in the agenda staff report. Ms. Bowen presented photographs of the display canopy. 0 Herb Fauland, Zoning Administrator, asked staff what the Design Review Board's recommendation was. Staff stated the Design Review Board recommended approval of the display frame and the freestanding sign with the addition that four (4) trees be installed as part of Conditional Use Permit No. 90-15. THE PUBLIC HEARING WAS OPENED. Steve Coleman, 18801 Beach Boulevard, representing applicant, stated that the EV 1 is a vehicle made by General Motors but distributed by Saturn. Mr. Coleman stated the display canopy will state "BV 1 electric vehicle" on one side and the other side will describe the components of the car. The display canopy is consistent with the existing canopy on the Saturn building. 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 the location of the canopy/space frame will occupy an area designated for parking. Staff stated that proposed location is currently a display area, not a customer parking area. Mr. Fauland stated that he would be approving the request with modifications to the conditions, changing the description of the referenced canopy to space frame. SPECIAL SIGN PERMIT NO.96-16 AND VARIANCE NO.96-8 WERE 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 - VARIANCE NO.96-28: 1. The granting of Variance No. 96-28 for a 13 foot front setback in lieu of a 50 foot front setback will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The proposed space frame for the display of a new prototype vehicle (electric car) is consistent with other display areas of car dealerships. The area used by the space frame will occupy a portion of an area that is currently being used for the display of new vehicles. ZA Minutes - 12/18/96 2 (MIN1218) 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 an identical zone classification. The subject property has a frontage of 150 feet and a depth of approximately 286 feet. Because of the lot's relatively short width in relation to its depth, visibility from Beach Blvd. is limited to the front portion of the lot. By allowing a 13 foot front setback instead of the required 50 foot front setback along Beach Blvd., it would give the property greater visibility for the display of new prototype vehicles (electric) which is important for the business' economic strength as a car dealership. Furthermore, because the space frame is not a roofed or walled structure, its visual impact from Beach Blvd. would be minimized. In addition, the design of the proposed space frame is similar to the design of two (2) existing canopies which are attached to the main building. Thus, because of this similarity in design, the proposed space frame will blend in with the design of the existing canopies, further minimizing the visual impact a reduced front setback might cause from Beach Blvd. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The subject site is currently being used as a car dealership for the sale of new vehicles. Because of the nature of retail car sales, the granting of this variance to allow a space frame (no wall or roof) within the front setback will allow greater visibility for the display of new prototype vehicle (electric cars). 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 subject site is surrounded by commercial developments and other car dealerships. Visibility for the display of new prototype vehicles (electric) is important for the business' economic vitality. Furthermore, the Economic Development Element encourages the City to assist in renovating and modernizing commercial properties. FINDINGS FOR APPROVAL - SPECIAL SIGN PERMIT NO.96-16: Special Sign Permit No. 96-16 for the addition of one five (5) foot high, (approximately) 10.5 sq. ft. freestanding product sign is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The additional freestanding sign is compatible with existing colors and materials and the special circumstance for the additional sign is the display of a new prototype (electric) vehicle. 2. The proposed additional freestanding sign will not adversely affect other signs in the area because of its relatively low height and small sign face area. Furthermore, the proposed sign will be located at least 13 feet away from the front property line and not adjacent to the sidewalk like other business identification signs. ZA Minutes - 12/18/96 3 (MIN1218) 3. The proposed signage will not be detrimental to properties located in the vicinity. The proposed sign would have a height of 5 feet and a sign face area of 10.5 sq. ft. (approximately), dimensions which is not considered large or obtrusive to adjacent properties. Furthermore, the proposed sign will be set back at least 13 feet from the front property line, making it less visible from the public right-of-way and thereby reducing its impact to other properties and the street scene along Beach Blvd. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The proposed sign will be located within the brick -lined, 22' x 16' display area. It will be located near the display space frame so that it can identify the new prototype (electric) vehicle being showcased. Because of its location and size the additional freestanding sign will not obstruct vehicular or pedestrian traffic. CONDITIONS OF APPROVAL - VARIANCE NO.96-28: 1. The site plan and elevations received and dated November 22, 1996 shall be the conceptually approved layout with the following modifications: a. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 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 final building permit inspection and approval, the following shall be completed: a. The applicant shall reestablish four (4) Carrotwood (Cupaniopsis Anacardiodes) or Queen Palm (or equivalent) trees in 36 inch boxes within the front landscape areas along Beach Blvd. as shown on the approved landscape plan dated January 7, 1991 in conjunction with Conditional Use Permit No. 90-15. b. The applicant must make arrangements to meet with the City Landscape Architect from the Park, Tree and Landscape Division in order to determine compliance with Condition 3(a) and Conditional Use Permit No. 90-15. c. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. ZA Minutes - 12/18/96 4 (MIN1218) e. 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. 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. 96-16 and Variance No. 96-28 shall not become effective until the ten day appeal period has elapsed. 2. Special Sign Permit No. 96-16 and Variance No. 96-28 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. 96-16 and Variance No. 96-28, 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. 6. All signs shall conform to the HBZSO. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Department of Community Development. 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. ZA Minutes - 12/18/96 5 (MIN1218) CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO.96-16• 1. The site plan and sign elevations received and dated November 22, 1996 shall be the approved layout. a. The Zoning Administrator reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. ITEM 2: SPECIAL SIGN PERMIT NO.96-17 (SATURN USED CARS SIGN). APPLICANT: Lauri's Permits, 3320 E. Chapman Avenue, #281, Orange, CA 92669 PROPERTY OWNER: S. Coleman, 33033 Camino Capistrano, San Juan Capistrano, CA 92675 REQUEST: To permit a 15 foot high sign identifying "Used Cars" in lieu of a maximum seven (7) foot high sign and to permit 120 feet between signs in lieu of minimum 200 feet. LOCATION: 18835 Beach Boulevard (west side, north of Garfield Avenue) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and stated this was a request to permit a 15 foot high sign identifying "Used Cars" in lieu of a maximum seven (7) foot high sign and to permit 120 feet between signs in lieu of minimum 200 feet at 18835 Beach Boulevard (west side, north of Garfield Avenue). Mr. Carvalho stated the site will identify Saturn Used Cars at a site that was previously a Nissan dealership. Two (2) signs identifying Nissan have been removed by the applicant who wishes to utilize the existing footings for the new sign. Based on the frontage of the property, a ten (10) foot high sign would be allowed. Distance between signs involves signs on the same property and staff is evaluating this request as two properties, although they will both operate under Saturn. It is a 120 foot distance from the existing Saturn identification sign. It does meet the minimum setback requirement from the property line. The request was heard by the Design Review Board who recommended approval as submitted. Staff is recommending approval based on the fact that the design of the sign is compatible with the existing Saturn sign, the sign will comply with the proposed sign code, and that the sign is centrally located within the dealership. Staff has received one (1) inquiry call, no others opposed or in support. Herb Fauland, Zoning Administrator, asked staff if the sign will be compatible in colors, materials and design with the existing signs and if the sign will meet corner cut-off requirements. Staff stated that it will be compatible with existing signs and will meet corner cut-off requirements. ZA Minutes - 12/18/96 6 (MIN1218) THE PUBLIC HEARING WAS OPENED. Squeak Coster, Lauries Permits, 3320 E. Chapman Avenue, Orange, representing applicant, stated he was available to answer any questions. Steve Coleman, 18801 Beach Boulevard, gave a brief history of the site and stated the proposed identification sign is critical for the success of the used car dealership. THE PUBLIC HEARING WAS CLOSED Herb Fauland, Zoning Administrator, stated that the proposal is in line with other dealerships in the area and he would be approving the request. SPECIAL SIGN PERMIT NO.96-17 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 - SPECIAL SIGN PERMIT NO.96-17: 1. Special Sign Permit No. 96-17 for a fifteen foot high, 30 square foot free standing sign identifying "Saturn Used Cars" is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The proposed sign is designed with compatible colors and materials and an opaque background which is compatible with the existing Saturn identification sign. 2. The proposed signage will not adversely affect other signs in the area. The sign is designed with compatible materials, colors, sign height and centrally located on the rontage and therefore will not impact other signs in the area. 3. The proposed signage will not be detrimental to properties located in the vicinity. The location and design of the sign is compatible with other business identification signs in the vicinity including the freestanding signs identifying Huntington Beach Toyota and Toyota Used Cars. The proposed sign would comply with the height restrictions in the proposed sign code. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The proposed sign will be designed and located above the site line of traffic and will meet the intent of the site angle visibility area. CONDITIONS OF APPROVAL - SPECIAL SIGN PERMIT NO.96-17: 1. The site plan and sign elevations received and dated October 22, 1996 as recommended by the Design Review Board, shall be the approved layout. 7A Minutes - 12/18/96 7 (MIN1218) 2. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all working drawing sets used for issuance of building permits. 3. Prior to final inspection, the applicant shall replace all required street trees that were previously removed. The applicant shall make arrangements to meet with the City Landscape Architect from the Public Works Park, Tree and Landscape Division in order to determine compliance. 4. The Zoning Administrator reserves the right to rescind this special sign permit approval in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. ITEM 3: CONDITIONAL USE PERMIT NO.96-98 (TK BURGERS ALCOHOLIC BEVERAGE SALES) APPLICANT: Jim Kalatschan, 110 Pacific Coast Highway, Huntington Beach, CA 92648 PROPERTY OWNER: Beach Resorts, Inc., PO Box 30, Huntington Beach, CA 92648 REQUEST: To permit alcoholic beverage sales in conjunction with an existing restaurant. LOCATION: 110 Pacific Coast Highway (north side, west of First Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plan and stated this request is to permit alcoholic beverage sales in conjunction with an existing restaurant at 110 Pacific Coast Highway. Staff stated that no concerns had been reported by City Departments and no calls or letters have been received from the public. Staff is recommending approval with findings and conditions of approval. THE PUBLIC HEARING WAS OPENED Jim Kalatschan, 110 Pacific Coast Highway, applicant, stated he concurred with staff s report. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED CONDITIONAL USE PERMIT NO.96-98 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 - 12/18/96 8 (MIN1218) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-98• 1. Conditional Use Permit No. 96-98 for the establishment of alcoholic beverages sales 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. Alcohol sales and consumption will occur in conjunction with an existing restaurant. 2. The conditional use permit will be compatible with surrounding visitor serving uses which include restaurant and retail uses. 3. The sale of alcoholic beverages 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 required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit will not adversely affect the General Plan. The sale and consumption of alcohol in conjunction with the existing restaurant use is consistent with the Land Use Element designation of visitor serving commercial on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-98: 1. The site plan, floor plans, and elevations received and dated November 13, 1996 shall be the conceptually approved layout. 2. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Community Development for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 3. The use shall comply with all requirements of the ABC license. 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. Conditional Use Permit 96-98 shall not become effective until the ten day appeal period has elapsed. ZA Minutes - 12/18/96 9 (MIN1218) 2. Conditional Use Permit 96-98 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 Conditional Use Permit 96-98, 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 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 4: CONDITIONAL USE PERMIT NO.96-96 (PENINSULA II WALLS) APPLICANT: PLC, 23 Corporate Plaza, Ste. 250, Newport Beach,'CA 92660 PROPERTY OWNER: PLC, 23 Corporate Plaza, Ste. 250, Newport Beach, CA 92660; Shea Homes, 655 Brea Canyon, Walnut, CA 91788; Lennar Homes, 27432 Calle Arroyo, San Juan Capistrano, CA 92675 REQUEST: To permit a retaining wall and masonry fence combination in the exterior side yard of 15 lots. The height of the retaining walls ranges from 2.1 feet to 4.6 feet. The masonry fence will be six (6) feet high. Combined, the total height will range from approximately 8.1 to 10.6 feet in lieu of a maximum eight (8) feet. The retaining wall will be separated from the masonry fence by a landscaped planter. The request also includes a six (6) foot high masonry fence in the rear yard setback area of four (4) through lots in lieu of a maximum 42 inch high fence. LOCATION: 19151 Summerwood Circle, 6324 Royal Grove Drive, 6331 Forester Drive, 6379 Royal Grove Drive, 6462 Braddock Circle, 19412 Foxdale Circle, 19402 Foxdale Circle, 6542 Havenwood Circle, 6561 Radcliff Circle, 6562 Radcliff Circle, 19515 Elderwood Circle, 19621 Village Oaks Circle, 19621 Larchmont Circle, 19601 Dearborne Circle, 6611 Pageant Drive, 19592 Summer Grove Lane, 6682 Pageant Drive, 6498 Park Royal Circle and 6497 Park Royal Circle (new homes south of Summit Drive between Seapoint and Goldenwest Streets) PROJECT PLANNER: Mary Beth Broeren ZA Minutes - 12/18/96 10 (MIN1218) Mary Beth Broeren, Staff Planner, displayed site plan and elevations stating that the request effects 19 lots in Tract No. 14700, which was approved by the Planning Commission and the Final Maps have been accepted by the City Council. There are four (4) builders building in this area, with PLC acting as the Master Developer. PLC will be putting in the street systems and some of the landscaping. The other builders will be doing some of the walls themselves. The project is located south of Garfield and generally surrounded by the Seacliff Golf Course. Some of the lots have retaining walls and a six (6) foot high masonry wall. The retaining walls vary in height on each of the lots, exceeding the maximum two (2) feet that is allowed by code. The code generally allows a combination of a two (2) foot high retaining wall with a six (6) foot masonry wall on top with the approval of a conditional use permit. Even though these walls are separated by a landscape planter staff felt that it did not meeting the intent of the code, therefore, a conditional use permit was needed for 15 of the lots. The remaining four (4) lots have retaining walls and/or a six (6) foot high wall in the rear setback or on the rear property line. Code allows a maximum 42 inch high wall in the rear setback area and, therefore, a conditional use permit is needed for this request. Staff is recommending approval of the request. Staff feels that walls will be compatible with all of the walls within the tract. There will be a landscape buffer between the retaining wall and masonry wall which will minimize any massing effect along the public sidewalk. The request came about during Landscape Plan Check. Originally the applicant had included two additional lots in the conditional use permit request. Staff felt that the two lots complied with the intent of code so did not include them in the final analysis. Staff has received one (1) phone call inquiring about the location of the subject lots. THE PUBLIC HEARING WAS OPENED Bill Holman, 23 Corporate Plaza Drive, #250, Newport Beach, representing applicant, stated that they were in concurrence with staff s report. He also stated that if staff agrees that the two additional lots comply with code there is no need to include them in the request. Herb Fauland, Zoning Administrator, stated that the record should reflect the determination was made by staff that the two additional lots met the intent of the code and would not be part of the application. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED CONDITIONAL USE PERMIT NO.96-96 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 - 12/18/96 M (MIN 1218) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO 96-96• 1. Conditional Use Permit No. 96-96 for the establishment, maintenance and operation of the retaining wall/masonry wall combination with a landscape planter on fifteen lots and a six- foot high masonry wall in the rear yard set back of four through lots 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. Landscaping will be provided facing the public street to improve aesthetics . The walls will not negatively impact the safety of pedestrians and motorist. 2. The conditional use permit will be compatible with surrounding uses because the walls will be consistent in materials and design with other walls in the tract and be complimented by landscaping. 3. The proposed walls 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 required for the proposed use in the district in which it would be located. The walls are allowed with a conditional use permit. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 96-96: 1. The site plan and elevations received and dated November 7, 1996 shall be the conceptually approved layout. 2. All of the subject landscape areas shall initially be designed and planted by the developer. 3. Maintenance of the areas shall be as follows: a. Lot Nos. 23 and 24, Tract 15035; Lot No. 19, Tract 15036; Lot Nos. 15 and 16, Tract 15037; and Lot Nos. 4 and 5, Tract 15087, shall be maintained by the Home Owners Association. b. The landscape areas on the remaining 12 lots in this request shall be privately maintained. 4. Prior to submittal for building permits, 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). ZA Minutes - 12/18/96 12 (MIN1218) 5. Prior to issuance of building permits, 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. 6. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection and approval the following shall be completed: a. The landscaping improvements shall be installed. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. The 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 or elevations 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. 7A Minutes - 12/18/96 13 (MIN1218) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Conditional Use Permit No. 96-96 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-96 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 Conditional Use Permit No. 96-96, 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. 6. 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. THE MEETING WAS ADJOURNED AT 2:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JANUARY 8,1997 AT 6:00 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 12/18/96 14 (MIN1218)