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HomeMy WebLinkAbout1997-02-05oil MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, FEBRUARY 5,1997 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Hannah Brondial Bowen, Wayne Carvalho, Jane Madera, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.96-99 (TC'S BAR) APPLICANT: Craig A. Vernocke REQUEST: To permit a 600 square foot expansion of an existing bar into an existing suite. LOCATION: 18528 Beach Boulevard (southeast corner of Ellis Avenue and Beach Boulevard) PROJECT PLANNER: Hannah L. Brondial Bowen Hannah L. Brondial Bowen, Staff Planner, displayed a site plan stating that the project is located on the southeast corner of Beach Boulevard and Ellis Avenue. The subject site has been operating as a bar since 1972. The applicant is requesting to expand the bar by 600 square feet. The purpose of the expansion is to allow one (1) additional pool table for a total of four (4) tables, extend the dart board area, and add one (1) additional handicapped restroom. The bar use is allowed within the CG, General Commercial zone with the approval of a conditional use permit. The bar is located within 200 feet of a residential district, however, the Police Department has reviewed the request and has no concerns regarding the location, type or expansion of the bar use. The subject property has sufficient parking to accommodate the six (6) additional parking spaces required for the proposed expansion. Staff is recommending approval of the request with findings and conditions of approval as outlined in the staff report. Staff is recommending the addition of a condition that would require the applicant to obtain a temporary sign permit for the banner that is currently hanging in the front of the building, or remove the banner within ten (10) days of approval of this application. Herb Fauland, Zoning Administrator, asked staff is they had received any comments or written letters from any of the surrounding neighbors, property owners or tenants with concerns regarding the expansion of use. Staff stated that they had not. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated Condition No. 4 would be more appropriate to have prior to final inspections and Condition No. 4, under Code Requirements, should be clarified to state `prior to occupying the expanded area by the existing business.' CONDITIONAL USE PERMIT NO.96-99 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-99: 1. Conditional Use Permit No. 96-99 for the 600 sq. ft. expansion of an existing bar (for a new total unit square footage of 2,375) located within 300 feet of a Residential district 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. Since 1972, the subject site has been used as a bar/cocktail lounge. The proposed expansion will not change the use on the site. The purpose of the 600 sq. ft. expansion is to expand the bar so that it can accommodate one (1) additional pool table (for a total of four (4) pool tables), expand the dart board area and to add a bathroom with wheelchair access. 2. The proposed 600 square foot bar expansion 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 subject property is zoned CG (Commercial General) and is located 300 feet within a Residential district. A bar use is allowed in the CG zone with the approval of a conditional use permit. 3. The proposed 600 sq. ft. expansion to the bar will not impact the parking requirements on the property. The subject property has 150 parking spaces provided. The proposed addition to the existing bar requires an additional 6 spaces (1 space per 100 sq. ft. for the 600 sq. ft. addition). The subject property has sufficient parking to accommodate the bar expansion. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CG (Commercial, General) on the subject property. ZA Minutes - 2/5/97 2 (97ZM0205) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-99: . 1. The site plan, floor plans, and elevations received and dated November 13, 1996 shall be the conceptually approved layout. 2. A temporary sign permit shall be obtained for the banner located in the front of the building installed without permits or shall be removed within 10 days from the effective date of this approval. 3. Building Division requirements: a. Obtain permits for the demolition and tenant improve (restroom) work. b. Obtain Fire Department approval for the expanded area prior to the issuance of building permits. 4. Prior to 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). 5. Prior to final building permit inspection and approval, the following shall be completed: a. 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. 6. 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 No. 96-99 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-99 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. ZA Minutes - 2/5/97 3 (97ZM0205) 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 96-99, 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. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the expanded area by the existing business. 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. 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. 8. 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 2: CONDITIONAL USE PERMIT NO.96-103 (LARGE FAMILY DAY CARE) APPLICANT: Beverley Harris REQUEST: To permit the establishment of a large family day care home (maximum 12 children) at an existing single family residence. LOCATION: 8521 Judy Circle (south of Heil Avenue, east of Newland Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, stated that this is a request to permit a large family daycare home within an existing 1,500 square foot single story single family residence. Currently, the applicant operates a small family daycare home that does not require the City's approval, however, a conditional use permit is required for 12 children or more. Staff has not received any phone calls or letters in opposition to the request. Staff is recommending approval of the request with the findings and conditions outlined in the staff report. Staff is recommending one modification to Condition No. 9 requiring that Traffic Impact Fees in the amount of $450.00 be paid. Staff is recommending this occur within 14 days from the end of the appeal period. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes - 2/5/97 4 (97ZM0205) CONDITIONAL USE PERMIT NO.96-103 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.96-103• Conditional Use Permit No. 96-103 for the establishment, maintenance and operation of a large family day care home for up to 12 children in a 1,500 square foot, single story residence 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. With the conditions imposed, the day care home will not generate adverse noise or traffic impacts to the surrounding neighborhood. 2. The large family day care home will be compatible with surrounding residential uses. Specific conditions of approval, including limiting the hours and days of operation, will minimize potential noise and traffic impacts resulting from the day care home. 3. The proposed establishment of the large family day care home 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. No construction is proposed as part of the establishment of the day care home. The granting of the Conditional Use Permit No. 96-103 will not adversely affect the General Plan. The large family day care home is consistent with the Land Use Element designation of Low Density Residential on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.96-103: 1. The site plan, floor plans, and elevations received and dated November 22, 1996, shall be the conceptually approved layout. 2. Fire Department requirements are as follows: a. An approved fire manual fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. (FD) b. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3. Hours of operation shall be limited to between 6:30 AM and 6:00 PM Monday through Friday. 4. No enrollment over 12 children, including the operator's and/or employees children, shall be permitted at the day care home. ZA Minutes - 2/5/97 5 (97ZM0205) 5. Evidence of a City Business License for the day care use shall be submitted to the Department of Community Development within 14 days from the end of the appeal period. 6. No signs identifying the day care facility shall be placed on the property. 7. All ingress and egress to the day care facility shall be through the front door. No foot traffic shall occur over adjacent properties. 8. Employees shall park in the garage or on the driveway to reduce impacts to on -street parking. 9. Traffic Impact Fees in the amount of $450.00 shall be paid within 14 days from the end of the appeal period. 10. 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 No. 96-103 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-103 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. 96-103 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. Loading and unloading of children from vehicles shall only be permitted on the driveway or on the public street directly in front of the residence. 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. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption/Determination 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 - 2/5/97 6 (97ZM0205) ITEM 3: TENTATIVE PARCEL MAP NO.95-186/NEGATIVE DECLARATION NO 96-8 (MCDONNELL DOUGLAS SUBDIVISION1 APPLICANT: Tom Overturf REQUEST: To subdivide a 25.7 acre site into four (4) parcels and public streets for future development. LOCATION: Southeast and southwest of Skylab Road and Able Lane PROJECT PLANNER: Jane Madera Jane Madera, Staff Planner, displayed a site plan stating that this is a tentative parcel map request to subdivide a 25.7 acre site into four (4) parcels. It is located in the McDonnell Douglas Business Center, generally located northwest of Bolsa and Springdale Streets, south of Skylab Road. The project is currently zoned and general planned for industrial. Staff is currently in the process of developing a specific plan for the site, along with a master environmental impact report. Land Use ,Zoning and General Plan Designations are not anticipated to change with the specific plan that is currently under review. The parcel map, as subdivided into four (4) parcels, currently complies with the provisions of the draft specific plan in terms of lot width and minimum lot size. The smallest parcel on the site is 3.4 acres and the largest is 7.5 acres. Skylab Road and Able Lane are currently private streets to McDonnell Douglas Business Center, and with this tentative map they are proposed to be dedicated for public street purposes. Staff stated that issues reviewed with the parcel map include an environmental assessment for the maps to determine the environmental impacts associated with subdividing the property. Although development is proposed on only two (2) parcels at this time, Parcels 3 and 4, the environmental assessment for the tentative parcel map anticipated eventual development of the remaining parcels and addressed conditions of approval and mitigation measures accordingly. Parcel 3 is proposed to be developed with a project known as Dynamic Systems and Parcel 4 is proposed to be Airtech International. The environmental issues reviewed include access to the site, water service, sewer service and storm drainage. With the assistance of the Public Works Department, staff determined a number of mitigation measures and conditions of approval to deal with all of the potential impacts to the infrastructure. The infrastructure for the parcels is tied to the parcel map so that the infrastructure improvements required for the subdivision will occur regardless of whether or not there is development at the site. Staff is recommending approval of the parcels because they comply with the draft specific plan as well as the current zoning and general plan for the site. Staff is recommending approval of the proposed public street system as modified. The conditions encompass infrastructure and improvement requirements in order to mitigate any potential impacts with the map. Staff recommends one modification to Condition No. 3.b.3. It currently reads, "Construct a new sewer in Skylab Road east of Able Lane, connect to the existing sewer in Skylab road south of Able Lane." The second sentence should be amended to read, "connect to the existing sewer in Able Lane south of Skylab Road." ZA Minutes - 2/5/97 7 (97ZM0205) The mitigation measures for the entire tentative parcel map were written prior to the specific conditions of approval for this map. They need to be included, as part of this approval. However, since the mitigation measures were written prior to the total analysis of the parcel map, they do cover impacts that go beyond the boundaries of this map itself. In concurrence with the Public Works Department, staff has revised a few mitigation measures so that only those items that are associated with this subdivision are required of the project. Staff does not feel that it is appropriate to mitigate impacts that are not tied to this subdivision at this time. They will be covered with the master environmental impact report that is currently under review. Staff noted that recommended Condition No. l .g. requires a letter of credit be posted in the amount of $4,489,000 to insure that the required public improvements are constructed. Those improvements are required to be constructed prior to September 1, 1998 or prior to Certificate of Occupancy of any newly constructed buildings on parcels 1-4 of this Parcel Map, whichever occurs first. Staff stated that they are recommending approval with findings and conditions of approval as outlined. Herb Fauland, Zoning Administrator asked if the Southern California Edison easement along Able Lane has been removed as planned. Merle Pouch, MDRC, stated that they have formally requested Edison to shift the easement over so that it does not impact private parcels but have not had a response from Edison as of this date. Mr. Fauland asked staff what will occur with the number of parking spaces on the site of Parcel 4, currently a parking lot, once it is developed. Staff stated that it has not been analyzed as part of this subdivision. THE PUBLIC HEARING WAS OPENED. Steve Barker, MDRC, 4060 Lakewood Blvd., 6th Floor, Long Beach, stated he was agreeable with all conditions with the exception of Condition No. 3.a.1. He stated that the improvements required to the adjacent property should be required in the future. Dick Harlow, 211-B Main Street, representing applicant, requested that staff eliminate Condition Nos. 3.d.1 and 2 and include at a later date. Dave Webb, Public Works stated that the above mentioned conditions are required mitigation measures and should remain. Bruce McDonald, MDC, 3991 MacArthur Blvd., #214, Newport Beach, expressed concern regarding Condition Nos. 1 and 2. He asked what would happen if the standard improvements were not completed. Staff explained that the city would work with the applicant and the city may issue a temporary Certificate of Occupancy. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes - 2/5/97 8 (97ZM0205) TENTATIVE PARCEL MAP NO.95-186 AND NEGATIVE DECLARATION NO.96-8 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED 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 - TENTATIVE PARCEL MAP NO.95-186: 1. Tentative Parcel Map No. 95-186 to subdivide a 25.7 acre site into four (4) parcels and public streets for future development is consistent with the General Plan Land Use Element designation of General Industrial (I-F2A-d) on the subject property. The proposed subdivision is consistent with the minimum lot size and lot frontage of the draft McDonnell Douglas Business Centre Specific Plan, currently in the review stage for the entire 307 acre McDonnell Douglas site. In addition, the proposed subdivision is consistent with the following goals and policies of the General Plan: a. Goal L Ul: 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 L U2: Ensure that development is adequately served by transportation infrastructure, utility infrastructure, and public services. c. Police LU2.1.1.: Plan and construct public infrastructure and service improvements as demand necessitates to support the land uses specified in the Land Use Plan (as defined in the Circulation and Public Utilities and Services Elements of the General Plan). 2. The site is physically suitable for the type and density of development. The site is generally flat and currently vacant, with the exception of an existing parking lot on Parcel 4. With the conditions of approval imposed, all infrastructure necessary to support development of the 25.7 site will be provided prior to construction of future development. 3. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Concurrent with this subdivision request, Negative Declaration No. 96-8 has been prepared to analyze potential adverse environmental impacts. It was determined that the subdivision, with mitigation, would not have any significant environmental effects 'and the mitigation measures have been included in the suggested conditions of approval. 4. The design of the subdivision or the type of 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. The current private street system through the project area, Able Lane and Skylab Road, are proposed as public streets to be dedicated to the public on the parcel map. ZA Minutes - 2/5/97 9 (97ZM0205) LJ CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO 95-186: 1. The tentative map received and dated January 29, 1997, shall be the approved layout with the following modification: a. Revise the western end of Skylab Road at the cul-de-sac so that the landscape planters are improvements only and not actually right-of-way boundaries. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. (PW) a. The surveyor/engineer preparing the 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, Sub -article 18. b. The surveyor/engineer preparing the 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, Sub -article 18. c. All vehicular access rights to Springdale Street, Skylab Road and Able Lane shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. d. The water system and appurtenances within Able Lane and Skylab Road shall be dedicated to the City of Huntington Beach. e. Skylab Road and Able Lane shall be dedicated to the public for street purposes. f. The sewer system and appurtenances within Able Lane and Skylab Road shall be dedicated to the City of Huntington Beach. g. In order to assure compliance with the Mitigation Measures of Negative Declaration No. 96-8, a "Letter of Credit" (in lieu of a Faithful Performance/Labor and Materials Bond) in the amount of $4,489,000 shall be posted with the City to insure the required public improvements are constructed. A monument bond, in addition to a subdivision agreement shall be posted. h. Submit a copy of the revised tentative parcel map pursuant to Condition No. La. ZA Minutes - 2/5/97 10 (97ZM0205) 3. The following are infrastructure requirements for the subject tentative parcel map which shall be completed prior to Certificate of Occupancy of any newly constructed buildings on parcels 1-4 of this Parcel Map, or prior to September 1, 1998, whichever occurs first: (PW) a. Springdale Street between Bolsa Avenue and Navy Railroad: 1. Remove and replace the existing street paving on the west side of the street (both sides of the street between Skylab and Navy Railroad) as necessary to provide for a 20 service year life. In addition, construct new curb, gutter, sidewalk, fire hydrants and street lights, as directed, on the west side of the street. 2. Construct raised landscaped medians. 3. All existing overhead utilities on the west side of the street shall be installed underground (excluding in front of existing City reservoir). 4. A new or modified traffic signal at Skylab Road and Springdale Street shall be constructed to the satisfaction of the Traffic Engineer. , 5. Construct a new wider cross -gutter at Skylab Road and Springdale Street to smooth grade differential, or by alternative method approved by the City. 6. The Navy Railroad crossing shall be improved and rebuilt utilizing "Omni" Full Depth Heavy Duty rubberized pads (or approved equal), if permitted by the Navy. If the Navy will not allow installation of rubberized pads, a new Asphalt Concrete crossing shall be installed or as allowed/directed by the Navy. Said construction cost (only) for improvement of Navy Railroad street crossing shall be considered as a regional improvement and may be subtracted from the $350,000 pro-rata fair share for regional City traffic facilities as discussed under Item d.2. of "Other related infrastructure requirements," below. 7. Pay $2,700 to Public Works to change over existing 12 inch non -potable water line in Springdale Street as required under Entitlement Plan Amendment No. 96-1 (Sharp Electronics Corporation). b. Skylab Road between Springdale Street and Astronautics: 1. Remove and replace the existing street paving to provide for a 20 service year life. In addition, construct new curb, gutter, sidewalk, fire hydrants and street lights, as required. 2. Construct the remaining storm drain system in Skylab Road, east of Able Lane as required by the Public Works Department. 3. Construct a new sewer in Skylab Road, east of Able Lane. Connect to the existing sewer in Able Lane south of Skylab Road. ZA Minutes - 2/5/97 11 (97ZM0205) 4. Construct a new sewer in Skylab Road, west of Able Lane to Astronautics, then south on Astronautics to Bolsa Avenue, then west along or adjacent to Bolsa Avenue to Graham Street. Connect to the existing sewer in Graham Street. Reroute the existing sewer coming from the housing tract to the north into this new sewer. 5. Extend the waterline in Skylab Road from Able Lane to Astronautics (size to be determined). 6. All existing water services, two (2) inch and smaller shall be reconstructed per the appropriate standard plan. Splicing the existing services will not be permitted. c. Able Lane between Skylab Road and Bolsa Avenue: 1. Remove and replace the existing street paving to provide for a 20 service year life. In addition, construct new curb, gutter, sidewalk, fire hydrants and street lights, as required. d. Other related infrastructure requirements: 1. McDonnell Douglas Realty Company (MDRC) shall enter into an agreement with the City providing for and ensuring that adequate water supply, water storage, and water transmission facilities are constructed or provided for to mitigate the impact of MDRC's proposed Master Plan of Development. Should MDRC, for any reason fail to enter into such an agreement with the City, MDRC shall forfeit to City, $505,400 in cash (this amount being the pro-rata fair share for construction of regional water facilities for water supply, water storage, and water transmission improvements) to mitigate the development impacts of Tentative Parcel Map 95-186. Said $505,400 shall be secured by the Letter of Credit referred to in Condition 2.g. above. 2. MDRC shall enter into an agreement with the City providing for and ensuring that adequate traffic improvements are constructed or provided for to mitigate the impact of MDRC's proposed Master Plan of Development. Should MDRC, for any reason fail to enter into such an agreement with the City, MDRC shall forfeit to City, $350,000 in cash (this amount being the pro-rata fair share for construction of regional City traffic improvements) to mitigate the development impacts of Tentative Parcel Map No. 95-186. Said $350,000 shall be secured by the Letter of Credit referred to in Condition 2.g. above. This mitigation fee is above and beyond any Traffic Impact Fees due as part of site development. 3. Dedicate water well site and necessary easements as required under Entitlement Plan Amendment No. 96-1 (Sharp Electronics Corporation). ZA Minutes - 2/5/97 12 (97ZM0205) 4. The following mitigation measures will reduce potential environmental effects resulting from the project and are recommended as conditions of approval. These mitigation measures shall be completed prior to Certificate of Occupancy of any newly constructed building on parcels 1-4 of this Parcel Map, or September 1, 1998, whichever occurs first: a. The applicant shall implement conditions of the Public Works Department regarding storm drainage improvements which will include but not be limited to: • Construct necessary storm drainage improvements within Skylab Road (east of Able Lane) to handle increased flows. • Ensure that future building pads are placed at elevations suitable to withstand 100-year flood b. The applicant shall implement conditions of the Public Works Department regarding traffic improvements which will include but not be limited to: • Modify signal at Skylab Road and Springdale including intersection and railroad crossing improvements • Provide "Not a Through Street" signs at Skylab Road west of Able Lane • Ensure that Skylab Road is extended to the westerly property boundary of Parcel 4. • Provide adequate turnaround radius (including dedication and improvements, if necessary) for trucks and other vehicular activity at the terminus of Skylab Road at the west end of Parcel 4. Adequate turnaround area shall be determined by the City of Huntington Beach Public Works Department. 5. Any development or infrastructure improvements 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. 6. Prior to issuance of grading permits, an erosion control plan shall be submitted to Public Works Department. 7. During any construction on the site, including infrastructure improvements, 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. ZA Minutes - 2/5/97 13 (97ZM0205) 8. Prior to issuance of an encroachment permit for any infrastructure improvements, the following shall be completed: a. Submit a construction vehicle control plan to Public Works for review and approval. 9. Prior to issuance of a grading permit for any future development on parcels 1-4 of this parcel map, the following shall be completed: a. Submit a construction vehicle control plan to Public Works for review and approval. b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. c. A Landscape Plan shall be approved by the Department of Public Works and the Planning Division, which includes the replacement of all mature trees on the site that are removed as a result of development or infrastructure improvements. Any removed trees shall be replaced at a 2:1 ratio with 36 inch box trees. 10. Prior to issuance of a building permit for any future development on parcels 1-4 of this parcel map, the following shall be completed: a. The applicant will be required to obtain a National Pollutant Discharge Elimination System (NPDES) Industrial Stormwater permit from the appropriate agency. 11. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Department within 30 days of recordation. (PW) INFORMATION ON SPECIFIC CODE REQUIREMENTS 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Tentative Map No. 95-186 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. 3. The applicant shall submit a check in the amount of $38 for the posting of the Notice of Determination 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 - 2/5/97 14 (97ZM0205) C F� THE MEETING WAS ADJOURNED AT 2:40 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, FEBRUARY 12,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 2/5/97 15 (97ZM0205)