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HomeMy WebLinkAbout1998-07-01l 1 L�J MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JULY 1,1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Wayne Carvalho, Joe Thompson, Ricky Ramos, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.98-22 (HUN RESIDENCES) (CONTINUED FROM THE JUNE 17,1998 MEETING) APPLICANT: The Louie Group, 20902 Brookhurst Street, #201, Huntington Beach, CA 92646 PROPERTY OWNER: Than Long Hun, PO Box 188, Huntington Beach, CA 92648 REQUEST: To construct two (2) new three-story single family homes. LOCATION: 306 & 308-9th Street (between Olive and Orange Avenues) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed a site plan and elevations stating that the request was continued from the June 17, 1998 meeting to allow staff to correct the location address and re - advertise the proposed request. Staff is recommending approval of the proposed request as it is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. The new residence will be compatible with surrounding uses and adequate parking and landscaping will be provided on -site. The proposed request complies with all applicable development standards. THE PUBLIC HEARING WAS OPENED. Edward Rugel, 302-9t" Street, adjacent neighbor, stated concern that his privacy will be significantly intruded upon by third story windows which will overlook his home. Mr. Rugel suggested that if approved the construction hours be limited from 8:00 AM to 4:00 PM. Louie Hernandez, 20902 Brookhurst Street, applicant, stated that the third story usable portion will be toward the front of the residence only. He was also concerned about the condition for fire sprinklers which pertains to new residences only if 5,000+ square feet. He stated that this will be less than 5,000 square feet and requested the condition be removed. Carmela Rugel, 302-91h Street, adjacent neighbor, spoke in opposition to the proposed request stating it would be unattractive, too tall and invade the privacy of her home. She also requested that if approved the construction hours should be limited from 8:00 AM to 4:00 PM. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated the Development Standards for the RMH-A zone allows three-story residences subject to discretionary approval. He stated that he had visited the site and surrounding neighborhood and noted the character of the neighborhood is in transition to three story residences. Mr. Fauland noted the Municipal Code regulates construction hours and the requirement for fire sprinklers is not required if the home(s) are less than 5,000 sq. ft. Mr. Fauland asked staff if the homes are subject to the In -fill Ordinance. Staff stated that they are. Mr. Fauland directed staff and the applicant to work with the adjacent neighbors pursuant to the In -fill Ordinance to assure the privacy issues are addressed. CONDITIONAL USE PERMIT NO.98-22 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.98-22: 1. Conditional Use Permit No. 98-22 for the establishment, maintenance and operation of two new three story single family residences 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 the residential development is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. 2. The new three story single family residences will be compatible with surrounding uses because there are existing homes in the neighborhood that are also multi -story. Furthermore, adequate parking and landscaping will be provided on the site. 3. The new three story single family residences will comply with the provisions of the base district and any specific conditions required for the proposed use in the district in which it would be located. The structures meet the minimum setbacks, provide sufficient on site parking and meets all other aspects of the Code. 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 Medium High Residential Density Residential (RMH-25-d) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that single family residential units be designed to convey a high.level of quality and character. (LU 9.1.2) b. Require that all new residential development within existing residential neighborhoods (i.e., infill) be compatible with existing structures. (LU 9.2.1) d ZA Minutes — 7/1/98 2 (98ZM0701) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-22: 1. The site plan, floor plans, and elevations received and dated March 30, 1998 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Two exits are required from the second floor, when the third floor area exceeds 500 square feet. The two required exits from the second floor shall be separated a minimum of one half of the length of the maximum overall diagonal dimension of the building. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans including the following: (FD) 1) The project shall comply with the provisions of the Huntington Beach Fire Code and City Specifications #421 and #422 for abandonment of oil wells and site restoration. 2) Address numbers shall be installed to comply with City Specification #428. 3) The project shall comply with all provisions of the Huntington Beach Municipal Code Section 17.04.085 and City Specification #429, for new construction within the Methane Gas Overlay District. 4) Show on the plans the location of the abandoned well Chevron Pope #1. 5) Show the location of the active/abandoned well South Coast Oil #3. (Code requirement). 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. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. ZA Minutes — 7/1/98 3 (98ZM0701) b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. (PW) (Code Requirement) c. One (1) 36" box tree or the palm equivalent is required by Code to be within the front yard. Show palm or tree location on the plans and specify the type. All trees within the six foot (6') of paving shall have a 24' deep .080" PVC root barrier installed per manufacturing recommendations. (PW) d. Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. 4. 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. 5. Prior to final building permit inspection, 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. c. All existing curb, gutter and sidewalk along the project frontage shall be removed and replaced with new curb, gutter and sidewalk per City standards. (PW) - d. The applicant shall remove one-half of existing asphalt alley and replace with concrete alley and dedicate an additional 2 1/2 feet of alley right of way. (PW) e. The applicant shall install new sewer laterals, water service and CATV per City standards. (PW) I ZA Minutes — 7/1/98 4 (98ZM0701) 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. 98-22 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-22 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. 98-22, 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. All applicable Public Works fees shall be paid. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. 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.98-18 BAKER RESIDENCES) APPLICANT: Richard Kelter, 119-22nd Street, Huntington Beach, CA 92648 PROPERTY OWNER: Jeanne Baker, 1605 Chinnapakin Nene, Tallahassee, FL 32301 REQUEST: To construct two (2) new, three (3) story single family residences. LOCATION: 206 & 208-16th Street (between Walnut and Olive Avenues) PROJECT PLANNER: Bob Goldin ZA Minutes — 7/1/98 5 (98ZM0701) Bob Goldin, Staff Planner, displayed site plan and elevations, stated the proposed request is located in the RMH-A, Medium High Density Residential zone and is currently vacant. Staff is recommending approval of the proposed request as it complies with the development standards for the district, will be compatible with the surrounding area and provides adequate parking and landscaping on -site. THE PUBLIC HEARING WAS OPENED. Richard P. Kelter, 206 & 208-16th Street, stated he concurred with staff s report and recommendation with the exception of the condition requiring automatic fire sprinkler system be installed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated he would eliminate the condition for an automatic fire sprinkler system. CONDITIONAL USE PERMIT NO.98-18 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.98-18: 1. Conditional Use Permit No. 98-18 for the establishment, maintenance and operation of two new three story single family residences 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 the residential development is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. 2. The new three story single family residence swill be compatible with surrounding uses because there are existing homes in the neighborhood that are also multi -story. Furthermore,, adequate parking and landscaping will be provided on the site. 3. The new three story single family residences will comply with the provisions of the base district and any specific conditions required for the proposed use in the district in which it would be located. The structures meet the minimum setbacks, provides sufficient on site parking and meets all other aspects of the Code. 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 Medium High Residential Density Residential (RMH-25-d) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that single family residential units be designed to convey a high level of quality and character. (LU 9.1.2) ZA Minutes — 7/1/98 6 (98ZM0701) b. Require that all new residential development within existing residential neighborhoods (i.e. infill) be compatible with existing structures. (LU 9.2.1) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-18: 1. The site plan, floor plans, and elevations received and dated March 30, 1998 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Two exits are required from the second floor, when the third floor area exceeds 500 square feet. The two required exits from the second floor shall be separated a minimum of one half of the length of the maximum overall diagonal dimension of the building. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans including the following: (FD) 1) Address numbers shall be installed to comply with City Specifications #428. 2) The project shall comply with the provisions of the Huntington Beach Fire Code and City Specifications #421 and #422 for abandonment of oil wells and site restoration. 3) The project shall comply with all provisions of the Huntington Beach Municipal Code Section 17.04.085 and City Specification #429, for new construction within the Methane Gas Overlay District. 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. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. ZA Minutes — 7/1/98 7 (98ZM0701) b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be -removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. (PW) (Code Requirement) c. One (1) 36" box tree or the palm equivalent is required by Code to be within the front yard. Show palm or tree location on the plans and specify the type. All trees within the six foot (6') of paving shall have a 24' deep .080" PVC root barrier installed per manufacturing recommendations. (PW) d. Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. (Code Requirement) 4. 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. 5. Prior to final building permit inspection, 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. c. All existing curb, gutter and sidewalk along the project frontage shall be removed and replaced with new curb, gutter and sidewalk per City standards. (PW) d. The applicant shall remove and replace the existing 1/2 of the alley per City standards and dedicate an additional 2 1/2 feet of alley right of way. (PW) e. The applicant shall install new sewer laterals, water service and CATV per City standards. (PW) ZA Minutes — 7/1/98 8 (98ZM0701) 1 V, 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. 98-18 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-18 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. 98-18, 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. All applicable Public Works fees shall be paid. (PW) S. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. 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: CONDITIONAL USE PERMIT NO.98-19 WELTER RESIDENCES) APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: PROJECT PLANNER: ZA Minutes — 7/1/98 Richard Kelter, 119-22nd Street, Huntington Beach, CA 92648 To construct two (2) new, three (3) story single family homes. 310 & 312-22nd Street (between Olive and Orange Avenues) Bob Goldin (98ZM0701) Bob Goldin, Staff Planner, displayed a site plan and elevations, stated that the proposed request is located in the RMH-A, Medium High Density Residential zone and is currently vacant. Staff is recommending approval of the proposed request as it complies with the development standards for the district, will be compatible with the surrounding area and provides adequate parking and landscaping on -site. THE PUBLIC HEARING WAS OPENED. Richard P. Kelter, 119-22°d Street, stated he concurred with staff s report and recommendation with the exception of the condition requiring that an automatic fire sprinkler system be installed. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated he would eliminate the condition for an automatic fire sprinkler system. CONDITIONAL USE PERMIT NO.98-19 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.98-19: 1. Conditional Use Permit No. 98-19 for the establishment, maintenance and operation of two new three story single family residences 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 the residential development is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. 2. The new three story single family residence swill be compatible with surrounding uses because there are existing homes in the neighborhood that are also multi -story. Furthermore, adequate parking and landscaping will be provided on the site. 3. The new three story single family residences will comply with the provisions of the base district and any specific conditions required for the proposed use in the district in which it would be located. The structures meet the minimum setbacks, provides sufficient on site parking and meets all other aspects of the Code. 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 Medium High Residential Density Residential (RMH-25-a) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Accommodate the development of single and multi -family residential units in an area designated by the Land Use Map as stipulated the Land Use and density Schedule. (LU 9.1.1). ZA Minutes — 7/1/98 10 (98ZM0701) 6: b. Require that single family residential units be designed to convey a high level of quality and character considering the following guidelines: 1) Modulate and articulate building elevations, facades and masses. 2) Avoid building materials, colors and construction elements that visually dominate their setting and contrast significantly with the character of the neighborhood. 3) Minimize the amount and width of paving of front yards for driveways. 4) Encourage innovative and creative design concepts. 5) Locate garage so they do not dominate the street frontage.(LU 9.1.2). c. Require that all new residential development within existing residential neighborhoods (i.e. infill) be compatible with existing structures. (LU 9.2.1) CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO.98-19: 1. The site plan, floor plans, and elevations received and dated March 30, 1998 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Two exits are required from the second floor, when the third floor area exceeds 500 square feet. The two required exits from the second floor shall be separated a minimum of one half of the length of the maximum overall diagonal dimension of the building. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans including the following: (FD) 1) Address numbers shall be installed to comply with City Specifications #428. 2) The project shall comply with the provisions of the Huntington Beach Fire Code and City Specifications #421 and #422 for abandonment of oil wells and site restoration. 3) The project shall comply with all provisions of the Huntington Beach Municipal Code Section 17.04.085 and City Specification #429, for new construction within the Methane Gas Overlay District. ZA Minutes — 7/1/98 11 (98ZM0701) 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. 3. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials; an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. (PW) (Code Requirement) c. One (1) 36" box tree or the palm equivalent is required by Code to be within the front yard. Show palm or tree location on the plans and specify the type. All trees within the six foot (6') of paving shall have a 24' deep .080" PVC root barrier installed per manufacturing recommendations. (PWV d. Blockwall/fencing plans shall be submitted to and approved by the Department of Community Development. Double walls shall be prohibited. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls next to the new walls, and shall include approval by property owners of adjacent properties. The plans shall include section drawings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. (Code Requirement) 4. 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. 5. Prior to final building permit inspection, 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. ZA Minutes — 7/1/98 12 (98ZM0701) n c. All existing curb, gutter and sidewalk along the project frontage shall be removed and replaced with new curb, gutter and sidewalk per City standards. (PW) d. The applicant shall remove and replace the existing 1/2 of the alley per City standards and dedicate an additional 2 1/2 feet of alley right of way. (PW) e. The applicant shall install new sewer laterals, water service and CATV per City standards. (PW) 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. 98-19 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-19 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. 98-19, 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. All applicable Public Works fees shall be paid. (PW) S. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. 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 — 7/1/98 13 (98ZM0701) ITEM 4: CONDITIONAL USE PERMIT NO 97-90 (BITTNER FENCE APPLICANT/ PROPERTY OWNER: Dr. Donald Bittner, 118-8th Street, Huntington Beach, CA 92648 REQUEST: To permit an existing six (6) foot high wrought iron fence along the front property line. LOCATION: 118-8th Street (between Pacific Coast Highway and Walnut Avenue) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed a site plan and photographs stating that the fence was installed without benefit of a permit. Staff stated that the Design Review Board had reviewed the request and postponed action until the Zoning Administrator acted. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as the fence is designed to integrate with the existing neighborhood and will not impact views or site angle visibility requirements. Furthermore, the open fencing design allows for landscaping to be viewed from the public right- of-way. With the conditions imposed, the color and design of the wrought iron fence will be compatible with the design of the existing residence and surrounding neighborhood. THE PUBLIC HEARING WAS OPENED. Karen Mosich, 112-81h Street, spoke in support of the proposed request. 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 had visited the site and did not like the color of the fence or think it was compatible with the adjacent home. He stated the fence should be similar to the adjacent one on the southerly side. He stated he would be approving the request with modified conditions of approval to include the height as recommending by staff, the curved portion of the fence be removed, Design Review Board approval of materials and colors, and the wrought iron painted similar to the colors and materials of the fence on the property to the south. CONDITIONAL USE PERMIT NO.97-90 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.97-90: 1. Conditional Use Permit No. 97-90 for the maintenance of an existing six (6) foot high wrought iron fence along the front property line 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 height and location of the fence is designed to integrate with the existing neighborhood and will not impact views or site angle visibility easements. Furthermore, the open fencing design allows for landscaping to be viewed from the public right of way. ZA Minutes — 7/1/98 14 (98ZM0701) E J 2. The conditional use permit will be compatible with surrounding fencing and residential uses. With the conditions imposed, including further review by the City's Design Review Board, the color and design of the wrought iron fence will be compatible with the design of the existing residence and surrounding neighborhood. 3. The existing six (6) foot high wrought iron fence along the front property line 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, except for the height deviations approved concurrently. 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 High Density Residential on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Ensure that structures and sites are designed and constructed to maintain their long-term quality (LU 4.2). b. Identify and reinforce a distinctive architectural and environmental image of each district in Huntington Beach (UD 1.1). CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.97-90: 1. The site plan, and fencing elevations received and dated October 29, 1997 shall be the conceptually approved layout with the following modifications: a. The curved portion on the top of the fencing shall be removed. b. The fence gate shall not open and encroach onto the public right of way (sidewalk). 2. Building permits shall be obtained within 14 days following the ten (10) day Design Review Board appeal period. 3. Prior to submittal for building permits, the following shall be completed: a. Submit a copy of the revised site plan and fencing elevation pursuant to Condition No. 1 for inclusion into the entitlement file. b. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing, etc.). c. The Design Review Board shall review and approve the colors and materials of the fencing, including proposed treatment to the fence to prevent rusting. 3. 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. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. ZA Minutes — 7/1/98 15 (98ZM0701) 5. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 97-90 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 97-90 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. 97-90, 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 5: TEMPORARY USE PERMIT NO.98-3 (PROMENADE MODEL HOME COMPLEM APPLICANT/ PROPERTY OWNER: 'Kim Willauer, The Olson Company, 3020 Old Ranch Parkway, Suite 250, Seal Beach, Ca. 90740 REQUEST: To permit a new model townhome complex which includes a sales trailer and a four (4) unit townhome complex with sales office in the garage of one (1) unit. LOCATION: 7510, 7512, 7514, and 7516 Shady Glen (vacant land north of Main Street and West of Promenade Parkway) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed a site plan and elevations and stated that the request is within the Holly Seacliff Specific Plan and is currently vacant. No comments, written or verbal, have been received from the public. ZA Minutes — 7/ 1 /98 16 (98ZM0701) Staff is recommending approval of the proposed request as it will not be detrimental to the area as adequate parking and directional signage will be provided. The temporary use will be compatible with the surrounding uses and it complies with all applicable codes. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.98-3 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.98-3: 1. Temporary Use Permit No. 98-3 for the establishment, maintenance and operation of the model townhome 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 multi -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 Medium 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. 98-3: 1. The site plan received and dated March 19, 1998, shall be the conceptually approved layout, with the following modifications: a. The plan will identify a minimum five (5) foot high fence around lots with a pool or hot tub. b. Minimum parking dimensions shall be complied with and depicted on the plan. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). ZA Minutes — 7/1/98 17 (98ZM0701) b. A revised site plan will be submitted to the Community Development Department for inclusion in the entitlement file. 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. 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. 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 and trailer 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 homes. ZA Minutes — 7/1/98 18 (98ZM0701) F� 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. 14462 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. 98-3 shall not become effective until the ten day appeal period has elapsed. 2. Temporary Use Permit No. 98-3 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. 98-3, 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. All applicable Public Works fees shall be paid. 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. ZA Minutes — 7/1/98 19 (98ZM0701) ITEM 6• TEMPORARY USE PERMIT NO 98-5 (THOMASVILLE HOME FURNISHINGS) Applicant: Mark Haver, Thomasville Home Furnishings, 7227 Edinger, Suite B, Huntington Beach, CA 92647 Property Owner: Freeway Industrial Park, 2032 La Colina Drive, Santa Ana, CA 92705 Request: To permit temporary outdoor sales of furniture from June 24, to July 6, 1998, June 23 to July 5, 1999, June 21 to July 3, 2000, June 20 to July 2, 2001, and June 19 to July 2, 2002. Location: 7227 Edinger Avenue (north of Edinger, approximately 500 feet west of Gothard) Project Planner: Joseph Thompson Joe Thompson, Staff Planner, displayed a site plan stating that the request is for a temporary outdoor sales events. The site is zoned General Commercial and is surrounded by similar uses. The applicant has been conducting temporary outdoor sales for the past five (5) years with no record of any problems. No comments, written or verbal, have been received from the public. Staff is recommending approval of the proposed request as the sales in the parking lot will not block entrances or accessibility to the businesses in the center and ample parking will be provided. In addition, there are no residences within the vicinity. The event is temporary in nature and security personnel will be present to protect merchandise left out overnight. THE PUBLIC HEARING WAS OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.98-5 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.98-5: 1. Temporary Use Permit No. 98-5 for the establishment, maintenance and operation of the outdoor furniture sale in the parking lot from June 24, to July 6, 1998, June 23 to July 5, 1999, June 21 to July 3, 2000, June 20 to July 2, 2001, and June 19 to July 2, 2002 will not be detrimental to the general welfare of persons residing or working in the vicinity nor detrimental to the value of the property and improvements in the neighborhood. Furniture sales in the parking lot will not block entrances or accessibility to the businesses in the center and ample parking will be provided. In addition, there are no residences within the vicinity. The event is temporary in nature and security personnel will be present to protect merchandise left out overnight. 2. The granting of Temporary Use Permit No. 98-5 will not adversely affect the General Plan of the City of Huntington Beach because the General Commercial land use designation promotes various types of retail activities. ZA Minutes — 7/1/98 20 (98ZM0701) 3. The proposed use will comply with the provisions of the base district and other applicable provisions in Titles 20-25 and any specific condition required for the proposed use in the district in which it would be located. CONDITIONS OF APPROVAL - TEMPORARY USE PERMIT NO.98-5: 1. The site plan, floor plans, and elevations received and dated May 4, 1998, shall be the conceptually approved layout. 2. The use shall comply with the following: a. The applicant shall obtain all necessary Fire Department permits and comply with all provisions of Article 32 of the Uniform Fire Code. b. The proposed tent shall be of fire retardant material. Proof of certification shall be submitted to the Fire Department for approval prior to the tent's installation on the site. c. The proposed tent shall be secured against collapsing to the satisfaction of the Fire Department. d. Fire extinguishers shall be provided in number and locations specified by the Fire Department. e. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. f. Should any electrical devices be involved, necessary permits shall be obtained from the Building Department prior to the event. g. This action will include necessary permits for temporary signs. h. An overnight security guard shall be provided to protect merchandise left overnight. The Huntington Beach Police Department shall be notified 24 hours prior to the event. 3. 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. 98-5 shall not become effective until the ten day appeal period has elapsed. 2. The development shall comply with all applicable provisions of the Huntington Beach Zoning and Subdivision Ordinance, Building Division, and Fire Department. ZA Minutes — 7/1/98 21 (98ZM0701) 3. The applicant shall meet all applicable local, State, and Federal Fire Codes, Ordinances, and standards. 4. The Zoning Administrator reserves the right to revoke Temporary Use Permit No. 98-5 if any violation of these conditions of the Huntington Beach Zoning and Subdivision Ordinance / occurs. ITEM 7: ENTITLEMENT PLAN AMENDMENT NO.98-4 CHEVRON STATIO APPLICANT: Joseph Karaki, 1180 N. Richfield Road, Anaheim, CA 92807 PROPERTY OWNER: Paul Wakim, 17220 Newhope Street, #127, Fountain Valley, CA 92708 REQUEST: Amend the previously approved site plan, building, and canopy for a 1,650 square foot market with liquor and gasoline sales. The request includes a new design and an increase in the building and canopy height. LOCATION: 706 Pacific Coast Highway (northwest corner at 7 h Street) PROJECT PLANNER: Ricky Ramos COASTAL STATUS: Appealable Ricky Ramos, Staff Planner, displayed a site plan, elevations and photographs, stating that the request is an amendment to a previously approved site plan. The use is surrounded to the north and the south with multi -family development in the Downtown Specific Plan area. Staff stated that the original request was approved in May of 1996, and since that time the site has a new owner. The new owners are requesting to modify the canopy to incorporate their own style into the project. Staff has received numerous inquiries and recommendations regarding the proposed request including reduction of the 24 hour operation, reduction in overall height, restrict selling single servings of alcoholic beverages, and concern with the canopy lights. Staff is recommending approval of the proposed request as it complies with the General Plan and the applicable zoning requirements. The amendment is compatible with the surrounding area. Furthermore, the facility is oriented towards Pacific Coast Highway and Seventh Street, away from the nearby residential uses. Staff stated the use conforms with the Local Coastal Program and will not impact public access to the beach. Herb Fauland, Zoning Administrator, asked staff if the proposed project had been reviewed by the Design Review Board. Staff stated that it had been conditionally approved by the Design Review Board and those conditions were incorporated into staff s recommended approval. THE PUBLIC HEARING WAS OPENED. Karen Mosich, 112-81h Street, stated concern regarding the additional height of the proposed request, the hours of operation and the sale of alcoholic beverages. Ms. Mosich spoke in opposition to the request stating it would diminish her current property value. Joseph Karaki, 1180 N. Richfield Road, applicant, stated the revised site plan includes a pass - through feature that is designed to reduce traffic jams. He also stated concern with the recommendation for arched windows, stating that Chevron has design criteria and does not include arched windows. ZA Minutes — 7/1/98 22 (98ZM0701) Herb Fauland, Zoning Administrator, asked Mr. Karaki why the building height was raised. Mr. Karaki explained that the redesign changed the previous metal roof to a Mediterranean style, increasing the pitch only at the front elevation. Mr. Karaki stated that it does not exceed height limitations. Paul Wakim, 17220 Newhope Street, #127, Fountain Valley, Property Owner, stated that liquor sales would be for beer and wine only and would cease at 12:00 AM. Mr. Wakim spoke in support of the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stated he would be approving the request with modifications to include the architectural design of the windows recommended by staff and shall be included with the arch treatment to be worked out with Staff. Also, a pass -through lane nine (9) feet in height shall be permitted. Mr. Fauland explained that items such as hours of operation are not a part of this request and therefore, can not be modified, and the City has no view easements. ENTITLEMENT PLAN AMENDMENT NO.98-4 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 — ENTITLEMENT PLAN AMENDMENT NO.98-4 (Amendment to Conditional Use Permit No. 96-11): 1. Entitlement Plan Amendment No. 98-4 for the establishment, maintenance and operation of the 1,650 square foot market with liquor and gasoline 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 because: a. Noise, light, and glare impacts on adjacent residential properties will be minimized by the placement of the building at the northwest corner of the site and the block wall along the rear and interior side property line. b. Parking in excess of the minimum code requirement will be provided for motorists and . Jbicycle customers . c. Vehicular access to the site will be from Pacific Coast Highway and Seventh Street, not from the alley. A raised median on Pacific Coast Highway prevents left turns to and from the site. d. The structure will be built in compliance with the Uniform Building Code and will not pose any undue health and safety risk to residents in the vicinity. e. The proposed project will improve the appearance of a visually degraded site with the construction of a building in compliance with the architectural theme in the area. f. The proposed use will provide a service that is lacking in the immediate area. ZA Minutes — 7/1/98 23 (98ZM0701) 2. The Entitlement Plan Amendment will be compatible with surrounding uses because the use is buffered from adjacent properties by an alley and perimeter wall. The facility is oriented towards Pacific Coast Highway and Seventh Street, away from the nearby residential uses. The building and canopy design were reviewed and approved by the Design Review Board for compatibility with the area. 3. The proposed 1,650 square foot market with liquor and gasoline sales 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, except for any variances and special permits previously approved. The use is allowed by a conditional use permit and the proposed modifications to the site plan, building and canopy are still in compliance with code requirements for parking, landscaping, and building height, among others. 4. The granting of the Entitlement Plan Amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Mixed Use Vertical on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. LU 9.4 — Provide for the inclusion of recreational, institutional, religious, educational and service uses that support resident needs within residential neighborhoods. b. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. c. LU 10.1.6 — Require that commercial projects abutting residential properties adequately protect the residential use from the excessive or incompatible impacts of noise, light, vehicular traffic, visual character and operational hazards. d. LU 15.5 — Ensure that development achieves the visual and physical character intended for the district in which it is located. e. ED 2.6 — Expand and enhance the existing visitor -serving uses. FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-4 (Amendment to Coastal Development Permit No. 96-4): 1. Entitlement Plan Amendment No. 98-4 to amend Coastal Development Permit No. 96-4 for the development project, as proposed and as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed market with liquor and gasoline sales will replace the liquor store previously existing on the site and will not impact public views or access. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. Except for the variances and special permits previously approved, the proposed development will conform with all applicable City codes, including use, parking, landscaping, and building height. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All infrastructure currently exist to the site. ZA Minutes — 7/1/98 24 (98ZM0701) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities will be affected by the new construction. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.98-4: 1. The site plan, floor plan and elevations received and dated June 3, 1998, shall be the conceptually approved layout with the following modifications: a. The six (6) foot high block wall along the rear lot line adjacent to the alley shall be in compliance with Section 230.88 of the Huntington Beach Zoning and Subdivision Ordinance (alley cutoff). (Code Requirement) b. A 42 inch high block wall shall be constructed along the first 25 ft. of the interior side property line (from Pacific Coast Highway) and shall increase in height to eight feet extending to the corner of the building to separate the oil production property to the west (interior property line side). (FD) c. All perimeter walls shall be constructed of materials compatible with the main building. d. A pyramid cap shall be placed on the top of the planter adjacent to the proposed building and on the top of the 42 inch high block wall. (PD) e. The trash area shall have access from within the storage room. f. The restroom shall be accessible to customers from within the building. (PD) g. The rear building wall shall be reinforced to eliminate the need for steel guard posts. h. A three (3) foot wide (interior dimension) landscape planter shall be provided along the west interior property line. A total of 70 square feet of planter area shall be provided adjacent to and on the street side of the main building. (Code Requirement) i. The proposed pass -through lane along the corner landscape planter shall be widened to nine (9) feet. j. The site plan shall comply with HBZSO Section 232.08 (berming, step off areas, curbing) (Code Requirement) k. The stucco colored fascia and reveal element on the front elevation shall be designed and incorporated on the west and north (alley) elevations. (DRB) 1. Rain gutters shall be provided along the front elevations with colors and materials compatible with the building. (DRB) in. The building shall include additional architectural elements to provide visual interest on all sides of the building (tile/slate insets or bands, etc.). The fascia shall be reduced in height. Arched windows shall be incorporated on the building. These architectural changes shall be subject to the approval of the Community Development Department. ZA Minutes — 7/1/98 25 (98ZM0701) n. Elevations shall depict colors and building materials as approved by the Design Review Board. 2 o. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) p. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) q. Depict all gas meters, water meters, electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. r. 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. s. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) Prior to submittal for building permits, the following shall be completed: a. Floor plans shall depict exiting, energy, and disabled access in compliance with 1994 edition Uniform Building Code. (BD) b. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Division and indicated on the floor plans. (BD) c. 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 soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties of underground items including buried pipe and concrete and the protection thereof, foundations, retaining walls, streets, and utilities. (Code Requirement) d. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) ZA Minutes — 7/1/98 26 (98ZM0701) e. Maximum separation between building wall and westerly property line shall not exceed two (2) inches. f. Zoning entitlement conditions of approval shall be copied or printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). g. Submit a fuel delivery spill mitigation plan (i.e. berms, collection tank, etc) to the Fire Department for resident and environmental protection. (FD) h. Submit an access plan to the Fire Department showing directional routing of fuel delivery trucks servicing the site. (FD) i. The following Fire Department requirements shall be noted on the building plans: (FD) 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. Two on -site 40 BC rated fire extinguishers are required. 2) Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1 /2) inches. 3) Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements. 4) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and 431 for the abandonment of oil wells and site restoration. 5) The project will comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification #429 for new construction with the methane gas overlay districts. 6) The convenience store shall either have an automatic fire sprinkler system or a 4- hour wall between the site and lot to the west and on the alley side. No openings are permitted. 7) Provide a telephone for 911 calls by employees (a pay phone does not satisfy this requirement). 8) Show Fire Department water supply on the site plan. One hydrant minimum required. 9) Provide a manual pull station that activates a horn and visual strobe to provide early resident notification. ZA Minutes — 7/1/98 27 (98ZM0701) 3. Prior to issuance of building permits, the following shall be completed: a. A copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 shall be submitted to the Department of Community Development for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Department of Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which.depicts all proposed/existing plan 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 231 (Landscape Improvements) of the Zoning and Subdivision Ordinance, the Downtown Design Guidelines, and Chapter 14.52 of the Municipal Code (Water Efficient Landscape Requirements). The set must be approved by the Departments of Public Works and Community Development prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the projecVs landscape plan. (PW) (Code Requirement) c. A grading plan shall be submitted to the Department of Public Works for review and approval. (This plan, in addition to grading, shall include all of the required off -site improvements. (PW) d. The following dedication shall be required: (PW) 1) 4.5 feet off of the alley, and 2) 24.0 foot radius at the corner of Seventh Street and Pacific Coast Highway. e. A tentative parcel map consolidating Lots 1, 2, 3, 4, and 5, Block 107 of Huntington Beach Tract shall be submitted and approved by the Zoning Administrator. Said map shall be recorded and a copy submitted to the Department of Community Development. (Code Requirement) f. A planned sign program shall be submitted and approved for all signage. Said program shall be approved prior to the first sign request. (Code Requirement) g. The subject property owner shall enter into a irrevocable reciprocal driveway easement agreement between the subject site and the adjacent property to the west. A copy of the legal instrument shall be approved by the Community Development Department and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development. 4. 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 — 7/1/98 28 (98ZM0701) 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. 5. Prior to final approval of the building permit (or issuance of a Certificate of Occupancy), the following shall be completed: a. Remove one-half of existing asphalt alley and replace with an asphalt half alley. (PW) b. Remove and replace existing sidewalk on Seventh Street and Pacific Coast Highway per City and CalTrans Standards. (PW) c. Remove existing curb and replace with curb and gutter on Seventh Street. (PW) d. Construct full width concrete alley apron. (PW) e. Relocate existing fire hydrant located at alley entrance. (PW) f. Remove existing driveway on Seventh Street and construct curb, gutter, and sidewalk. (PW) g. Construct new radius type driveway on Seventh Street per City Standards. (PW) h. Remove and reconstruct the existing driveway on Pacific Coast Highway per EMA Standard Plan No. 1210. (PW) i. All water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. (PW) j. Any existing water services not being utilized for domestic or irrigation services shall be abandoned at the water main and the water meter returned to the Water Division. (PW) k. The proposed building shall be served by a single water service, sized per the Uniform Plumbing Code, with backflow protection per City of Huntington Beach Water Division Standard Plan No. 609. (PW) 1. The irrigation system shall be served by a single water service, sized per the City of Huntington Beach Landscape Architect, with backflow protection per City of Huntington Beach Water Division Standard Plan No. 609. (PW) in. A separate fire service, if required by the City of Huntington Beach Fire Department, shall be constructed per City of Huntington Beach Water Division Standard Plan No. 618. (PW) ZA Minutes — 7/1/98 29 (98ZM0701) n. The existing catch basin and lid located at the corner of Seventh Street and Pacific Coast Highway shall be rebuilt per Department of Public Works Standards. (PW) o. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. (Code Requirement) p. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. q. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. r. All building spoils, such a 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 use shall comply with the following: a. All truck loading and unloading (deliveries) shall be on -site, not from the street or alley. Fuel and market deliveries shall be limited to between the hours of 7 a.m. and 8 p.m. b. No advertising of alcoholic beverages shall be permitted in windows or on building walls visible from the street. c. There shall be no loitering or consumption of alcoholic beverages permitted on the premises. d. No public telephones shall be permitted on the premises. e. No video games shall be permitted on the premises. f. The restroom shall be accessible from within the market area of the building and available for customer use. The restroom shall not be accessible directly from the outside of the building. g. The windows shall be kept clear of signs and advertising. h. If utilized, the metal band proposed at the top of the building and canopy shall be maintained annually to prevent corrosion and degradation. i. The area devoted to sale and display of alcoholic beverages shall not exceed 20% of the total floor area of the building. j. The proposed market with two gas pump islands may be open 24 hours. k. Vehicle repair is not permitted on the site. (FD) 7. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Board (ABC) license, along with any special conditions imposed by ABC, shall be submitted to the Department of Community Development. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. ZA Minutes — 7/1/98 30 (98ZM0701) C 1 8. At the discretion of the Police Department, this entitlement shall be subject to reconsideration at a public hearing if calls for service relating to the sale of alcohol at this facility increases. 9. A review of the use shall be conducted by the Staff within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval, the Downtown Specific Plan, Downtown Design Guidelines, and applicable Chapters of the Huntington Beach Zoning & Subdivision Ordinance. 10. If the adjacent alley is vacated by the City prior to construction, the applicant may submit a revised site plan that includes this area into the project for review and approval by the Director. 11. 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. Entitlement Plan Amendment No. 98-4 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment No. 98-4 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 Entitlement Plan Amendment No. 98-4 , 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. All applicable Public Works fees shall be paid. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. (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 right-of-way. (PW) 7. A Certificate of Occupancy must be issued by the Department of Community Development prior to occupying the building. 8. 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. ZA Minutes — 7/1/98 31 (98ZM0701) 9. Development shall meet all local and State regulations. regarding installation and operation of all underground storage tanks. (FD) 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. 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 8: ENTITLEMENT PLAN AMENDMENT NO.98-3 (TAXI'S OUTDOOR PATIO) APPLICANT: Emil & Cody Varona, 318 Main Street, Huntington Beach, CA 92648 PROPERTY OWNER: Bob Bolen, 322 Main Street, Huntington Beach, CA 92648 REQUEST: To permit an outdoor patio at the rear of an existing restaurantibar. LOCATION: 318 Main Street (northeast of Main Street and Olive Avenue) PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, displayed a site plan and photographs, stating that the request is located in Downtown Specific Plan, District No. 5. The request is to construct a 310 square foot outdoor patio. The enclosure would consist of an eight (8) foot high wood fence painted to match the building color. Staff has received written and oral comments from the surrounding property owners. The site is 200 feet from the nearest resident. The Police Department did not have any concerns with the proposed request. Staff is recommending approval of the proposed request as it will be compatible with surrounding uses because the existing restaurant is surrounded by retail establishments. No residential uses will be impacted by the outdoor patio. The patio is in compliance with all setback requirements, will not occupy space currently utilized as parking, nor will any additional parking be required as a result of the patio. Herb Fauland, Zoning Administrator, stated that he drove through the alley at the rear of the project site to review the parking area. He wants to assure that there is adequate parking, that the parking stalls comply with size requirements and that there is code required back up area. Mr. Fauland stated he would modify the conditions by requiring the patio's hours of operation be identified in the conditions of approval, designate on the site plan where the trash enclosure will be, prohibit rear entrance access from the parking lot into the patio and require the patio doors to be closed during live entertainment. THE PUBLIC HEARING WAS OPENED. Fay Ogden, 310 Orange, spoke in opposition to the request stating concern with the noise impacts to the surrounding neighborhood. Emil Varona, 318 Main Street, applicant, stated he is requesting the patio to allow a place for people to smoke, instead of the front walkway where they currently stand. Mr. Varona stated that he concurred with staff s report and recommendation. Lisa Dellano, 318-3`d Street, spoke in support of the proposed request. ZA Minutes — 7/1/98 32 (98ZM0701) F� THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Herb Fauland, Zoning Administrator, stating he would be requesting a continuance for one (1) week to allow staff time to investigate the trash enclosure location, check the parking spaces in the rear of the project site, investigate whether the power pole is in or out of the patio area and incorporate the amended conditions. ENTITLEMENT PLAN AMENDMENT NO.98-3 WAS CONTINUED BY THE ZONING ADMINISTRATOR TO THE JULY 7,1998 MEETING. THE MEETING WAS ADJOURNED AT 3:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING AD NISTRATOR ON WEDNESDAY, JULY 7,1998 AT 1:30 PM. Herb Fauland Zoning Administrator :kjl ZA Minutes — 7/1/98 33 (98ZM0701)