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HomeMy WebLinkAbout1997-03-19LI C MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, MARCH 19,1997 -1.30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Hannah L Brondial Bowen, Kim Klopfenstein, Mary Beth Broeren, Kim Langel (recording secretary) MINUTES: November 27, 1996 Minutes approved. ORAL COMMUNICATION: None ITEM 1 • CONDITIONAL USE PERMIT NO 96-110 (TWO SINGLE FAMILY DWELLINGS) APPLICANT/ PROPERTY OWNER: Seacliff Development Co., Inc, PO Box 269, Huntington Beach, CA 92648 REQUEST: To permit construction of one (1) new three (3) story single family dwelling with a maximum height of 32 feet and to permit construction of one (1) new single family dwelling with a roof top deck above the second story, with a maximum height of 31.5 feet. LOCATION: 206 & 208 - 18th Street (between Walnut and Olive Avenues). PROJECT PLANNER: Hannah L. Brondial Bowen Hannah Brondial Bowen, Staff Planner, presented site plan and elevations stating the request is to permit construction of two new single family homes at 206 and 208 - 18th Street. The request consists of two plans, A and B. Plan A will permit a three (3) story dwelling with a maximum height of 32 feet. Plan B will permit a two (2) story dwelling with a roof top deck above the second story and a maximum height of 31.5 feet. Staff stated that Plan B exceeds the maximum site coverage requirement of 50% by 5.8 square feet and will have to be reduced by that amount. Staff stated that the project site will be subject to infill lot requirements and the applicant has been made aware of this. Staff has not received any comments from the public -regarding this project. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Bob Corona, applicant, stated that he concurs with staff s recommendations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.96-10 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 96-110• 1. Conditional Use Permit No. 96-110 for the establishment, maintenance and operation of one (1) new three (3) story single family residence with a maximum height of 32 feet and one (1) new single family residence with a rooftop deck above* the second story with a maximum height of 31.5 feet 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 use is compatible with other residences in the vicinity, many of which are multi -story. The property owner will be required to construct infrastructure improvements and dedicate a portion of the property for alley widening which will improve circulation. 2. The proposed use 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 structures will meet minimum setbacks, provide sufficient on -site parking and meet all other aspects of the Code. 3. 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 Medium High Density Residential -Small Lot (RMH-A) on the subject property. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO 96-110: 1. The site plan, floor plans, and elevations received and dated December 27, 1996 and February 19, 1997 shall be the conceptually approved layout with the following modifications: a. The maximum site coverage for each lot is 1,437.5 sq. ft. or 50% of the net lot size. Plan B (208 18th Street) shall be reduced by 5.8 square feet. ZA Minutes - 3/19/97 2 (97ZM0319) b. The second floor balcony on Plan A (206 18th Street) shall project a maximum of three (3) feet into the front yard setback. c. The building height in the front 25 feet of 206 18th Street shall be a maximum of 25 feet. d. At least 40% (or 120 sq. ft.) of all visible portions of the required front yard shall be a planting area on each lot. (Sec. 210.06(R) of the HBZSO) e. Adequate lighting shall be provided along the walkway leading to the front door, as well as the front door/porch itself, for each lot. (PD) 2. 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). b. The following Fire Department requirements shall,,be noted on all plans: 1. The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification Nos. 422 and 431 for the abandonment of oil wells and site restoration. (FD) 2. The project shall comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) c. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. d. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and protection thereof. (Code Requirement) 3. Prior to issuance of grading permits, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. This plan shall also include all of the required off -site improvements. (PW ) ZA Minutes - 3/19/97 (97ZM0319) 4. Prior to issuance of building permits, the following shall be completed: a. Submit one (1) copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) c. Dedicate the following to the City of Huntington Beach (PW) (Code Requirement): 1) 2.50 feet off of the rear of the subject property adjacent to the alley. 5. 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. 6. Prior to final building permit inspection and approval the following shall be completed: a. Construct new sidewalk along project frontage; (PW) b. Remove the existing curb and replace with curb and gutter along project frontage; (PW) ZA Minutes - 3/19/97 4 (97ZM0319) c. Install sewer laterals; (PV) d. Install water services; (PV) e. Install CATV facilities; (PV) f. Remove existing AC alley and construct one half new concrete alley; (PV) and, g. All existing overhead utilities shall be undergrounded; (PV) h. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. i. 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. j. The existing landscaped parkway to the North and to the South shall be matched. 7. 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. 96-110 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 96-110 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. 96-110, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Codc o.ccurs. ZA Minutes - 3/19/97 5 (97ZM0319) 4. All applicable Public Works fees shall be paid. (PW) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 6. An encroachment permit shall be required for all work within the public right-of-way. (PW) 7. A final inspection shall be approved by the Department of Community Development prior to occupying the dwellings. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. 9. 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. 10. Parkland Dedication In -lieu fees shall be paid at issuance of building permits. 11. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. J 12. 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. 13. The development shall comply with Section 230.22 of the HBZSO pertaining to Residential Infill Developments. ITEM 2: CONDITIONAL USE PERMIT NO.97-12 (BAILEY'S DANCE STUDIO) APPLICANT: Bailey's Young World Inc., Sue Strachan, 11743 Edinger Avenue, Fountain Valley, CA 92708 PROPERTY OWNER: Marta Keller, c/o Newport Beach Property Management, 18530 Beach Boulevard, Suite 206, Huntington Beach, CA 92648 REQUEST: To establish Bailey's Young World Dance Studio in an existing 1,114 square foot suite. LOCATION: 18538 Beach Boulevard (south of Ellis Avenue, between Ellis Avenue and Graziado Drive). PROJECT PLANNER: Kim Klopfenstein Kim Klopfenstein, Staff Planner, displayed site plan stating the request is to establish Bailey's Young World Dance Studio in an existing 1,114 square foot suite at 18538 Beach Boulevard. The proposed request will accommodate 10 students as part of the dance st dio. Staff s analysis of the proposed parking for the use indicates a need for ten parking spaces. The site currently has a surplus of ten parking spaces available for the use, therefore, there is adequate parking. Staff has not received any comments from the public regarding this request. ZA Minutes - 3/19/97 6 (97ZM0319) �J Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Laurie Cabrera, 18542 Beach Blvd., adjacent business owner, stated that her business adjoins the proposed site and she is concerned with noise filtration and whether there are requirements to address this issue. Merrill Strachan, 11743 Edinger Avenue, applicant, stated that they have agreed to install sound 'retardent material against the adjoining wall. Ms. Strachan stated that she concurs with staff s recommendations. 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 he would approve the request with modifications to the conditions to include that sound retardent be required and the hours of operation clearly stated in the conditions. CONDITIONAL USE PERMIT NO.97-12 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 97-12• 1. Conditional Use Permit No. 97-12 for the establishment, maintenance and operation of Bailey's Young World dance studio 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 dance studio will provide instruction for a maximum of 10 students per class (ages vary between 2-16). The center currently has a surplus of 10.9 parking spaces. The City allows personal enrichment uses to have class sizes equivalent to one student for every 200 square feet of building area (the equivalent of one student per parking space). The dance studio will be in a 1,114 square foot suite which would allow the equivalent of six students per class per the City's standard. Because the dance studio has a van pool service which will provide transportation to and from the site for the majority of the students and most of the students are not of a driving age, the surplus parking spaces will be adequate for a 10-student class. Thus, the use would not create a significant impact to the parking or circulation for the site, nor be detrimental to other uses. ZA Minutes - 3/19/97 7 (97ZM0319) 2. The conditional use permit will be compatible with surrounding uses because the proposed dance studio is an allowed personal enrichment use which will be located in an existing commercial building and there will be no exterior modifications to the existing building. In addition, the dance studio is located at the rear of the site, so there will be no adverse impacts to noise or circulation for the site or the surrounding area. 3. The proposed Bailey's Young World dance studio 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 dance studio is an allowed use and adequate parking will be provided. 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 Commercial General on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of a range of commercial uses (LU10). b. Provide of the connotation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources (LU10.1). c. Design recreation facilities and programs that are functional efficient and affordable (RCS.7.1.1). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT 97-12: 1. The site plan, floor plans, and elevations received and dated February 10, 1997, shall be the conceptually approved layout. a. Prior to issuance of building permits, the site plan shall be revised to reflect the following dimensions: the instruction area shall not exceed 32.6' by 23' and the office area shall not exceed 16.4' by 23' in area; if the instruction area is larger, a building analysis is required to be submitted by a registered engineer/architect shall be required to show the building to comply with the allowable area per TAB 5-B of the 94 Uniform Building Code for an A3 occupancy. 2. The use shall comply with the following: -- a. All doors shall remain closed when sound system is operating and/or dance instruction is occurring. b. Maximum class size shall be ten (10) students. ZA Minutes - 3/19/97 8 (97ZM0319) c. The van pool service shall be used to transport most of the students to and from the site. d. The hours of instruction shall be 12 p.m. to 9 p.m. Monday through Friday and 9 a.m. to 6 p.m. on Saturdays. 3. Prior to submittal for building permits, the following shall be completed: a. Conditions of approval shall be printed verbatim on the cover sheet of all working drawing sets submitted for plancheck. b. Note on plans: Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards (FD). c. Note on plans: Address numbers shall be installed to comply with City Specification #428. The size of the numbers will be sized a minimum of six (6) inches within a brush stroke of one and one-half (1-1/2) inches (FD). 4. Prior to final building permit 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. b. Compliance with all conditions of approval specified herein shall be accomplished. c. Prior to final building approval adequate sound attenuation measures shall be installed to reduce noise impacts and comply with the City's noise ordinance. 5. The Zoning Administrator shall be notified in writing if any changes in floor area or use are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. 2. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. . 3. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District. 4. All applicable Public Works fees shall be paid. ZA Minutes - 3/19/97 9 (97ZM0319) 5. A Certificate of Occupancy shall be issued by the Department of Community Development. 6. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and federal holidays. 7. Conditional Use Permit No. 97-12 shall not become effective until the ten day appeal period has elapsed. 8. Conditional use Permit No. 97-12 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. 9. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97-12, 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. 10. 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. 11. 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. 12. 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 3: TEMPORARY USE PERMIT NO.97-2 (SANDPIPER PROJECT) APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: Rielly Homes, 23 Corporate plaza, #245, Newport Beach, CA 92660 PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660 To permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659. Stratton Drive (south of Ellis Avenue, between Gothard and Goldenwest Streets). Mary Beth Broeren 1 ZA Minutes - 3/19/97 10 (97ZM0319) Mary Beth Broeren, Staff Planner, displayed site plan stating the request is to permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659 on Stratton Drive. The applicant is proposing three (3) model homes and a parking area. The parking area has ten (10) parking spaces, including one (1) handicap space. Staff has not received any comments from the public. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. Herb Fauland, Zoning Administrator, asked staff if the subdivision had been approved. Staff stated that the tentative tract map had been approved, but the site plan with the specific unit types was still in review. THE PUBLIC HEARING WAS OPENED. Dan Hosseinzadeh, 3 Hughes, Irvine, representing applicant, stated that he concurred with staff s recommendations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.97-2 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 - TEMPORARY USE PERMIT NO.97-2: 1. Temporary Use Permit'No. 97-2 for the establishment, maintenance and operation of the model homes complex 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. Adequate parking and directional signage will be provided for the use. 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. 3. The proposed use 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 temporary 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. In addition, it furthers the General Plan to provide a mix of housing types within; the City. ZA Minutes - 3/19/97 11 (97ZM0319) CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-2: 1. The site plan received and dated March 7, 1997, shall be the conceptually approved layout. 2. 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): 3. Prior to issuance of building permits, the following shall be completed: a. A $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval. b. Entitlement Plan Amendment No. 97-4 shall be approved. c. A Landscape Construction Set must be submitted fo 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 includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. 4. Prior to combustible construction asphalt roadways and fire hydrants serving the model homes shall be installed per Article 9 of the Huntington Beach Fire Code (FD). 5. 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. ZA Minutes - 3/19/97 12 (97ZM0319) E 6. Prior to final building permit inspection and approval of the first residential unit, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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. 7. The sales office shall be discontinued within 30 days following the close of escrow of the last unit. 8. The sales office shall not be converted or expanded into a general business office for the contractor or developer. 9. The temporary sales trailer shall be removed upon completion of the model sales office. 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow of the last unit. The signs and flags shall comply with maximum height and size provisions of the zoning code. 11. All conditions of approval on Tentative Tract Map No. 14659, Conditional Use Permit No. 92-47 and Entitlement Plan Amendment No. 97-4 shall remain in effect. 12. 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. Temporary Use Permit No. 97-2 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 97-2 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 - 3/19/97 13 (97ZM0319) 3. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 97-2, 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. ITEM 4• TEMPORARY USE PERMIT NO 97-3 (LYON HOMES PROJECT) APPLICANT: William Lyon Homes, Inc., c/o Hunsaker & Associates Irvine, Inc., 3 Hughes, Irvine, CA 92618 PROPERTY OWNER: PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660 REQUEST: To permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659. LOCATION: Bazil Circle and Bentley Lane (south of Ellis Avenue, between Gothard and Goldenwest Streets). PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Staff Planner, displayed site plan stating the request is to permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659 on Bazil Circle and Bentley Lane. The applicant is proposing three (3) model homes with off-street parking and a temporary sales trailer across the street. Staff has not received any comments from the public. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Dan Gerken, 3 Hughes, Irvine, representing applicant, stated that he concurred with staff s recommendations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes - 3/19/97 14 (97ZM0319) TEMPORARY USE PERMIT NO.97-3 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 - TEMPORARY USE PERMIT NO 97-3• 1. Temporary Use Permit No. 97-3 for the establishment, maintenance and operation of the model homes complex 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. Adequate parking and directional signage will be provided for the use. 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. 3. The proposed use 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 temporary 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. In addition, it furthers the General Plan to provide a mix of housing types within the City. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.97-3: 1. The site plan received and dated February 4, 1997, shall be the conceptually approved layout. 2. 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). 3. Prior to issuance of building permits, the following shall be completed: a. A $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval. ZA Minutes - 3/19/97 15 (97ZM0319) b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. c. Entitlement Plan Amendment No. 97-3 shall be approved. 4. Prior to combustible construction asphalt roadways and fire hydrants serving the model homes shall be installed per Article 9 of the Huntington Beach Fire Code (FD). 5. 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. 6. Prior to final building permit inspection and approval of the first residential unit, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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. 7. The sales office shall be discontinued within 30 days following the close of escrow of the last unit. 8. The sales office shall not be converted or expanded into a general business office for the contractor or developer. 9. The temporary sales trailer shall be removed upon completion of the model sales office. ZA Minutes - 3/19/97 16 (97ZM0319) �J 1 0 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow of the last unit. The signs and flags shall comply with maximum height and size provisions of the zoning code. 11. All conditions of approval on Tentative Tract Map No. 14659, Conditional Use Permit No. 92-47 and Entitlement Plan Amendment No. 97-3 shall remain in effect. 12. 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. Temporary Use Permit No. 97-3 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 97-3 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 Temporary Use Permit No. 97-3, 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. ZA Minutes - 3/19/97 17 (97ZM0319) 5: TEMPORARY USE PERMIT NO.97-4 (SEA COUNTRY PROJECT APPLICANT: Sea Country Homes, Inc., c/o Hunsaker & Associates PROPERTY OWNER: PLC, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660 REQUEST: To permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659. LOCATION: Fairfax Lane and Sherwood Drive (south of Ellis Avenue, between Gothard and Goldenwest Streets). PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Staff Planner, displayed site plan stating the request is to permit a model home sales complex for a portion of the previously approved Tentative Tract No. 14659 on Fairfax Lane and Sherwood Drive. The applicant is proposing three (3) model homes with ten (10) off-street parking spaces. Staff has not received any comments from the public regarding this request. Staff is recommending approval of the request with the findings and conditions of approval as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Dan Gerken, 3 Hughes, Irvine, representing applicant, stated that he concurred with staff s recommendations. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.97-4 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 - TEMPORARY USE PERMIT NO 97-4• 1. Temporary Use Permit No. 97-4 for the establishment, maintenance and operation of the model homes complex 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. Adequate parking and directional signage will be provided for the use. 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. ZA Minutes - 3/19/97 18 (97ZM0319) J k 3. The proposed use 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 temporary 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. In addition, it furthers the General Plan to provide a mix of housing types within the City. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO 97-4• 1. The site plan received and dated February 7, 1997, shall be the conceptually approved layout. 2. 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). 3. Prior to issuance of building permits, the following shall be completed: a. A $4,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval. Should a sales trailer be requested, an additional $1,000 cash bond shall be required. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance. c. Entitlement Plan Amendment No. 97-1 shall be approved. 4. Prior to combustible construction asphalt roadways and fire hydrants serving the model homes shall be installed per Article 9 of the Huntington Beach Fire Code (FD). 5. 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; ZA Minutes - 3/19/97 19 (97ZM0319) 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. 6. Prior to final building permit inspection and approval of the first residential unit, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. b. 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. 7. The sales office shall be discontinued within 30 days following the close of escrow of the last unit. It 8. The sales office shall not be converted or expanded into a general business office for the contractor or developer. 9. The temporary sales trailer, if requested, shall be removed upon completion of the model sales office. 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow of the last unit. The signs and flags shall comply with maximum height and size provisions of the zoning code. 11. All conditions of approval on Tentative Tract Map No. 14659, Conditional Use Permit No. 92-47 and Entitlement Plan Amendment No. 97-1 shall remain in effect. 12. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes - 3/19/97 20 (97ZM0319) INFORMATION ON SPECIFIC CODE REQUIREMENTS• 1. Temporary Use Permit No. 97-4 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 97-4 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 Temporary Use Permit No. 97-4, 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 2:02 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, APRIL 26,1997 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes - 3/19/97 21 (97ZM0319)