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HomeMy WebLinkAbout1998-10-14MINUTES ® HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 14, 1998 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Bob Goldin, Ricky Ramos, Joe Thompson, Peter Vanek, Kim Langel (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: TENTATIVE PARCEL MAP NO. 98-113/CONDITIONAL_ USE PERMIT NO. 98-21/ NEGATIVE DECLARATION NO. 98-3 (PICOZZI INDUSTRIAL BUILDINGS) (CONTINUED FROM THE SEPTEMBER 23, 1998 MEETING) APPLICANT: Burke Real Estate Group, 1805 E. Garry Avenue, #100, Santa Ana, CA 92705 PROPERTY OWNER: Parkview, Edward M. Picozzi, 31480 Nicolas Road, Temecula, CA 92591 REQUEST: To develop eight (8) industrial buildings ranging in size from 5,230 square feet to 6,504 square feet, totaling 49,236 square feet on two (2) adjacent lots with a combined land area of 2.85 acres. LOCATION: 18241 and 18251 Gothard Street (west side of Gothard Street between Talbert and Ellis Avenues) PROJECT PLANNER: Joseph Thompson Joseph Thompson, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the request was continued from the September 23, 1998, meeting to allow time for further analysis. Staff stated that the methane control plan submitted by the applicant is considered inadequate by the Fire Department. Staff recommended a continuance to the October 21, 1998, meeting, as requested by the applicant in order for staff to analyze a timeline for the proposed project. A letter was received releasing the City from the State mandated processing time. THE PUBLIC HEARING WAS OPENED. ® THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO. 98-113/CONDITIONAL USE PERMIT NO. 98-21/ • NEGATIVE DECLARATION NO. 98-3 WERE CONTINUED TO THE OCTOBER 21, 1998 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 2: CONDITIONAL USE PERMIT NO. 98-63 (ROBBINS FENCE) (CONTINUED FROM THE SEPTEMBER 23, 1998 MEETING) APPLICANT/ PROPERTY OWNER: Elizabeth Ann Robbins, 1116 Acacia Avenue, Huntington Beach, CA 92648 REQUEST: To permit an existing seven (7) foot ten (10) inch high fence in lieu of six (6) feet within the rear yard setback. LOCATION: 1116 Acacia (north side, east of 12t' Street) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the request is the result of a Code Enforcement action. A building permit was issued for the subject fence but the fence was not built in accordance with the permit. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report and because the wall is compatible with other walls in the area. Staff stated that the applicant submitted a petition signed by adjacent property owners in support of the proposed project. Herb Fauland, Zoning Administrator, stated that he did visit the subject site. A discussion ensued with staff concerning other permitted walls in the area, colors and materials of the proposed project, and the amount of area that would encroach into the setback. THE PUBLIC HEARING WAS OPENED. Elizabeth Ann Robbins, 1116 Acacia, applicant, stated that the fence was in existence at the time that she purchased the property. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-63 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. is ZA Minutes 10/14/98 2 (98=1014) ® FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 98-63: 1. Conditional Use Permit No. 98-63 for the establishment, maintenance and operation of the existing fence 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 fence is designed to integrate with the existing neighborhood and the site is physically suitable for the type of development. 2. The existing fence will be compatible with surrounding uses because there are other walls and fences of similar design and height in similar locations on other properties in the area, the increased height represents only a narrow portion of the front setback area, the design of lattice is compatible with the fence materials and the fence will not create any sight distance problems. 3. The fence 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 with the approval of the conditional use permit. 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 (RMH-A) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Require that non residential structures incorporated in residential neighborhoods be designed to be compatible with and convey the visual and physical scale and character of residential structures (LU 9.3.3). b. Ensure that structures and sites are designed and constructed to maintain their long term quality (LU 4.2). CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 98-63 1. The site plan and fence plans received and dated August 26, 1998 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the 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). 3. Prior to final building permit inspection and approval, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. • b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. ZA Minutes 10/14/98 3 (98zm1014) 4. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan or fence 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. 98-63 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-63 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. 98-63, 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 Count 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 98-60 (SCHMIDT FENCE) (CONTINUED FROM THE SEPTEMBER 23, 1998 MEETING) APPLICANT/ PROPERTY OWNER: Patti Schmidt, 8532 Oxley Circle, Huntington Beach, CA 92646 REQUEST: To permit an existing eight (8) foot high patio cover and six (6) foot high fence in lieu of 42 inches within the front yard setback. LOCATION: 8532 Oxley Circle (South side, west of Vintage Lane) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed project plans and photographs stating the purpose, location and • zoning of the requested project. Staff stated that the request is the result of a Code Enforcement ZA Minutes 10/14/98 4 (98zm1014) action for a non -permitted fence. Staff stated that options were explored with the applicant and that the applicant provided a letter with suggested changes. Staff recommended denial of the request based upon the suggested findings for denial as outlined in the staff report and because the existing fence is out of character with the neighborhood. Herb Fauland, Zoning Administrator, stated that he did drive through the neighborhood and did not observe structures that exceed the height limit. Discussion ensured with staff concerning similar fences in the neighborhood. THE PUBLIC HEARING WAS OPENED. Patti Schmidt, 8532 Oxley Circle, applicant, spoke in support of the proposed project and suggested moving the fence back. Mr. Fauland expressed concern for the precedent that would be set by approving a fence of the proposed height and with an encroachment as great as that of the existing fence. The applicant presented zoning information given to her by the Planning Department contrary to the information provided by staff. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland suggested a one -week continuance to allow staff and the applicant time to review the is information presented by the applicant during the course of today's meeting. The applicant concurred. CONDITIONAL USE PERMIT NO. 98-60 WAS CONTINUED TO THE OCTOBER 21, 1998 MEETING WITH THE PUBLIC HEARING OPEN. ITEM 4: CONDITIONAL USE PERMIT NO. 97-67/COASTAL DEVELOPMENT PERMIT NO. 98-10/TENTATIVE PARCEL MAP NO. 98-114NARIANCE NO. 98-7 (CONTINUED FROM THE SEPTEMBER 23, 1998 MEETING) APPLICANT/ PROPERTY OWNER: James Caviola Jr., 1008 Ocean Avenue, #4, Seal Beach, CA 90740 REQUEST: 1) To convert an existing 3-unit apartment complex into condominiums; 2) A one -lot parcel map; 3) A variance to reduce required parking by one (1) space which would maintain the preexisting nonconforming parking for the development (nine (9) parking spaces are required and eight (8) parking spaces are existing). LOCATION: 16672 Pacific Coast Highway (north side, west of 16t` Street) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff stated that the item was continued from the September 30, 1998, meeting to allow staff additional time to research the requirement for affordable housing. Staff stated that the condition for affordable housing has been deleted from the conditions as outlined in the staff report. ZA Minutes 10/14/98 5 (98zm1014) Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. James Caviola Jr., 1008 Ocean Avenue, #4, Seal Beach, applicant, stated that he was present and concurred with staffs recommended conditions for approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 97-67/COASTAL DEVELOPMENT PERMIT NO. 98- 10/TENTATIVE PARCEL MAP NO. 98-114NARIANCE NO. 98-7 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 97-67: 1. The Conditional Use Permit for the condominium conversion complies with all applicable provisions of the Subdivision Map Act and the Huntington Beach Zoning and Subdivision Ordinance, including Chapter 235. The condominium conversion is allowed subject to approval of a conditional use permit and the other entitlements included with this request. The project complies with all the requirements of Chapter 235 (Residential Condominium Conversions), including but not limited to the submission of required physical elements reports and a conversion plan. A one -lot parcel map is also proposed in compliance with the Subdivision Map Act. 2. The proposed condominium conversion is consistent with the General Plan Land Use designation of Residential Medium Density on the site which permits this use. It is consistent with the goals and policies of the General Plan including: a. LU 7.1.3 — Allow for the continued occupancy, operation, and maintenance of legal uses and structures that exist at the time of the adoption of the General Plan and become nonconforming due to density and/or development requirements. b. LU 9 — Achieve the development of a range of housing units that provides for the diverse economic, physical, and social needs of existing and future residents of Huntington Beach. 3. The proposed condominium conversion will conform to the provisions of the Huntington Beach Zoning and Subdivision Ordinance in effect at the time of project approval, except as otherwise provided in Chapter 235. With the exception of the variance for parking submitted concurrently, all requirements are being met including the provision of adequate landscaping. 4. The overall design and physical condition of the condominium conversion achieves a high standard of appearance, quality, and safety. The physical elements reports submitted indicate that the overall development is in good condition and well maintained, including its structural condition, utilities, appliances, roof, and building exterior and interior. ZA Minutes 10/14/98 6 (98zm1014) 5. The proposed condominium conversion will not displace a significant percentage of low- or ® moderate -income, permanently or totally disabled, or senior citizen tenants or delete a significant number of low- and moderate -income rental units from the City's housing stock at a time when no equivalent housing is readily available in the Huntington Beach area. The conversion plan submitted by the applicant indicates that current tenants are neither disabled or elderly. The three units are rented at market rate and do not represent a significant amount of rental units being removed from the rental housing stock. 6. The dwelling units to be converted into condominiums have been constructed and used as rental units for at least five years prior to the application for conversion. The dwelling units have been used as rental units since 1991 when they were constructed. 7. The applicant has not engaged in coercive, retaliatory action regarding the tenants after the submittal of the first application for City review through the date of approval. 8. The project is located within the coastal zone but the existing use to be converted is not a visitor serving use (including hotels). The use to be converted is a multi -family dwelling development. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-10: 1. Coastal Development Permit No. 98-10 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. ® The site has a General Plan Land Use designation of Residential Medium Density which permits the use. 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 any variances approved concurrently. The project will comply with all applicable City codes, including use, amount of landscaping, and all the provisions of Chapter 235 (Residential Condominium Conversions). 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. The development is existing and infrastructure is provided to the site. 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 conversion of the residential units into condominiums. FINDINGS FOR APPROVAL - VARIANCE NO.98-7: 1. The granting of Variance No. 98-7 to reduce the required parking by one (1) space which would maintain the existing nonconforming eight (8) parking spaces in lieu of the nine (9) parking spaces currently required will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The development was ® constructed in compliance with the code in effect at the time. The conversion of the residential units into condominiums is not anticipated to result in a significant change to the parking demand ZA Minutes 10/14/98 7 (98=1014) for the use. There are other existing uses in the area that are not being required to provide additional parking to maintain an existing use. 2. Because of special circumstances applicable to the subject property, including size, location and • surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The property is fully developed and there is no room to provide one additional parking space on -site. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The development is existing and no new construction or addition is proposed. The request is only to maintain the existing nonconforming parking since there is no room to add an additional on -site parking space. Approval of the variance is necessary to preserve the enjoyment of property rights because it will allow the conversion of the development into condominiums. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The nonconforming parking condition is existing and no new construction is proposed that would increase parking demand for the development. Street parking is available in front of the site. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Medium Density which permits the existing use. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 98-114: 1. Tentative Parcel Map No. 98-114 for a one -lot parcel map is consistent with the General Plan Land Use Element designation of Residential Medium Density on the subject property, and any other applicable provisions of the code. The proposed parcel complies with the requirements for minimum lot size of 6,000 square feet and 60-foot width in the Residential Medium Density zoning district. 2. The site is physically suitable for the type and density of development. The site is already developed with residential use and no additional residential units are proposed. The design of the subdivision or the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The parcel map is for purposes of converting existing residential units into condominiums and will not cause any substantial environmental damage. There are no fish or wildlife found on the subject site. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements, for access or for use will be provided. Access to the development is off Pacific Coast Highway and will remain as existing. There are no public access ways through the site. • ZA Minutes 10/14/98 8 (98zm1014) ® CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 97-67/ COASTAL DEVELOPMENT PERMIT NO. 98-IONARIANCE NO. 98-7: The site plan, floor plans, and elevations received and dated August 19, 1997 shall be the conceptually approved layout. 2. Upon close of escrow for each unit, the applicant shall convey to the Homeowners Association's contingency fund a minimum fee of $200 per dwelling unit. When 50 percent or more of the total units in the project have been sold, the applicant, within 30 days, shall convey such fee for the remaining unsold unit. Such funds shall be used exclusively as a contingency fund for emergency repairs as may be assumed by the Homeowners Association. The applicant shall submit proof of compliance with this requirement to the Planning Department for inclusion in the entitlement file. (Code Requirement) 3. A tenant's rent shall not be increased within two months prior to a project application, nor shall the rent be increased for two years from the time of the filing of the project application or until relocation takes place.(Code Requirement) 4. The applicant shall provide moving expenses equal to three times the monthly rent to any tenant, in compliance with all terms of the subject lease and/or financing, who relocates from the building to be converted after City approval authorizing conversion of the units. When the tenant has given notice of his intent to move prior to City approval, eligibility to receive moving expenses shall be is forfeited.(Code Requirement) 5. The physical element report from the State licensed termite and pest control specialist shall be updated within six months after the close of escrow, and any infestation shall be remedied prior to sale. A copy of the updated report shall be submitted to the Planning Department for inclusion in the entitlement file (Code Requirement) 6. The applicant shall give any present tenant of any unit at the time of application for conversion a nontransferable right of first refusal to purchase the unit occupied at a discount of the price offered to the general public. The discounted selling price for the tenants shall be as outlined in the applicant's proposal submitted to the Planning Department dated September 28, 1998. The discount to tenants shall be no less than a five percent reduction in the price offered to the general public. The right shall run for a period of not less than 90 days from the date of the issuance of the subdivision report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his or her intention not to exercise the right. The applicant shall notify each tenant by registered mail of the nontransferable right of first refusal to purchase the unit at the discounted price within ten days of final approval of the application. The applicant shall submit proof of compliance with this condition to the Planning Department for inclusion in the entitlement file. (Code Requirement) 7. Conditional Use Permit No. 97-67/Coastal Development Permit No. 98-10/Variance No 98-7 shall become null and void unless Tentative Parcel Map No. 98-114 is recorded. ZA Minutes 10/14/98 9 (98zm1014) INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 97-67/Coastal Development Permit No. 98-10/Variance No. 98-7 • shall not become effective until the ten day appeal period has elapsed. 2. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 97- 67/Coastal Development Permit No. 98-10/Variance No. 98-7, 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. 3. 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. 4. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Zoning Administrator's action. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 98-114: 1. The tentative map received and dated June 16, 1998 shall be the approved layout. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise • stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. b. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. c. All vehicular access rights to Pacific Coast Highway shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. d. A mylar and print of the Parcel Map shall be provided to the Public Works Department at the time of recordation. e. The existing two-inch domestic water meter to the street main shall be abandoned. Each unit shall require separate domestic water services and meters. The domestic water • services and meters will be sized per the Uniform Building Code and the Building Department. ZA Minutes 10/14/98 10 (98zm1014) f. Remove the three existing Coral trees (two located at the south property corner and one near the most westerly corner). These trees shall be replaced with three (3) 36-inch box trees or approved palm equivalent. Submit a tree/palm replacement plan to the Public Works Department for review and approval. g. At least 60 days before final map approval, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney as to form and content. The CC&Rs shall: 1) Reflect the common driveway access easements, and maintenance of all walls and common landscape areas by the Homeowners Association together with an estimate of any initial assessment fees for such maintenance; 2) Include the conveyance of units; the assignment of parking and storage areas; and an indication of responsibilities for maintenance of all utility lines and services for each unit; 3) Include a statement to the effect that no discrimination in the sale of any unit shall be based on race, color, creed, national origin, sex, or age; 4) Include language that indicates the design of this development intentionally omitted the installation of security gates, required turn around areas, and the necessary open space to provide these facilities in the future. The language shall also indicate that any application for the installation of security devices for the site submitted to the City of Huntington Beach shall include evidence that the Homeowners Association will provide the necessary property for construction of the required facilities and street improvements, and bear the cost for the same. The CC&Rs must be in recordable form prior to recordation of the map. INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO. 98-114: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. A Caltrans construction permit is required for any work within State right-of-way.(PW) 3. All new utilities shall be installed underground.(PW) 4. The applicant shall give written notification to each tenant within ten (10) days of approval of the final map. Each non -purchasing tenant, not in default under the obligations of the rental agreement or lease under which the subject unit is occupied, shall have not less than 120 days after the date of the tentative map approval by the City or until the expiration of the tenant's lease to find substitute housing and to relocate. Tenants shall be permitted to terminate leases or tenancy with one month's notice at any time after a conversion application. 6. Relocation assistance shall be provided by the applicant to non -purchasing tenants for a minimum period of four months following the tentative map approval. Information on available rental units in the same general area with costs comparable to the preconverted apartments shall be provided by the applicant on a calendar quarterly basis. Copies of the list shall be posted on -site, dated, and provided to the Planning Department for inclusion in the entitlement file. ZA Minutes 10/14/98 11 (98zm1014) 7. Tentative Parcel Map No. 98-114 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 0 ITEM 5: TENTATIVE PARCEL MAP NO 98-209 (ZEIDAN LOT CONSOLIDATION APPLICANT: Harry Monk, 303 Cleveland Drive, Huntington Beach, CA 92648 PROPERTY OWNER: Mohammed Zeidan, 301-17'h Street Huntington Beach, CA 92648 REQUEST: To consolidate two (2) lots of record into one (1) lot of record. LOCATION: 126 Main Street (south side, west of Walnut Avenue) PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed project plans and photographs stating the purpose, location and zoning of the requested project. Staff stated that the proposed project is the result of conditions of approval in a previous entitlement (Conditional Use Permit No. 95-84) granted by the Planning Commission. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. THE PUBLIC HEARING WAS OPENED. Dick Harlow, 211 Main Street, consultant to the applicant, requested an option for either a covenant to consolidate the parcels or a recorded map. Herb Fauland, Zoning Administrator, reviewed the conditions of approval as setforth in the previous entitlement, which states that a parcel map shall be filed with the Orange County Recorder. Mr. Fauland explained that his actions must be consistent with those of the Planning Commission and suggested that the applicant could submit a request for a waiver of the final map. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TENTATIVE PARCEL MAP NO.98-209 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 - TENTATIVE PARCEL MAP NO.98-209: 1. Tentative Parcel Map No. 98-209 for a commercial subdivision is consistent with the General Plan Land Use Element designation of Visitor Serving Commercial on the subject property, and other applicable provisions of this Code. The subdivision will allow for future commercial development. ZA Minutes 10/14/98 12 (98=1014) With the conditions imposed, the parcel map will comply with the provisions of the Huntington is Beach Zoning and Subdivision Ordinance (HBZSO). 2. The site is physically suitable for the type and density of development. The lot being created is generally flat and suitable for construction of commercial development. The size, depth and frontage of the lot is in compliance with City standards. 3. The design of the commercial subdivision will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project site does not support any fish or wildlife. The subdivision will not have a significant impact on the surrounding area. 4. The design of the commercial subdivision will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.98-209: 1. The tentative map received and dated August 27, 1998, shall be the approved layout subject, with the following modifications which shall be reflected on the final map prior to submittal for approval by the City Council: a. Four feet of right of way along the entire length of the Main Street frontage of the subject ® property shall be dedicated to the City of Huntington Beach. b. Four and one-half feet of right of way along the entire alley frontage of the subject property shall be dedicated to the City of Huntington Beach. 2. The following conditions shall be completed prior to recordation of the final map unless otherwise stated: a. Fire hydrant locations shall be approved by the Fire Department. (FD) b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18 for the following items: 1) Tie the boundary of the map into the Horizontal Control System established by the County Surveyor, 2) Provide a digital -graphics file of the recorded parcel map per the City of Huntington Beach "CAD Standards Manual for Consultants". (PW) 3. All vehicular access rights to Main Street and Walnut Avenue shall be released and relinquished to the City of Huntington Beach except at locations approved by the City. (PW) 4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Department at the time of recordation. (PW) ZA Minutes 10/14/98 13 (98zm1014) 5. All conditions of approval of Conditional Use Permit 95-84 and Coastal Development Permit 95- 21 shall remain in effect. • INFORMATION ON SPECIFIC CODE REOUIREMENTS - TENTATIVE PARCEL MAP NO. 98-209: 1. All applicable Public Works fees shall be paid prior to map recordation. (PW) 2. Tentative Parcel Map No. 98-209 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 3. The applicant shall submit a check in the amount of $3 8 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 G CONDITIONAL USE PERMIT NO 98-41 (TAYLOR SINGLE FAMILY DWELLINGS) APPLICANT: Louie Hernandez, 20902 Brookhurst Street, #201, Huntington Beach, CA 92646 . PROPERTY OWNER: Mike Taylor, PO Box 618, Huntington Beach, CA 92648 REQUEST: To construct two (2) new 35 foot high, three (3) story single family dwellings. LOCATION: 613 and 615-12�` street (west side, ±150 feet south of Palm Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed project plans stating the purpose, location and zoning of the requested project. Staff suggested that the plans be revised, as setforth in Condition No. 1, in order to comply with code requirements. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Herb Fauland, Zoning Administrator, confirmed with staff that the applicant is aware of the condition requiring revised plans. Mr. Fauland and staff discussed the elevations and window locations. THE PUBLIC HEARING WAS OPENED. Paul Clifford, 619 12t" Street, neighboring property owner, questioned the front elevation, construction process, demolition of the existing dwelling, fencing, square footage of the dwelling, and if the property line will be surveyed. • ZA Minutes 10/14/98 14 (98=1014) Louie Hernandez, 20902 Brookhurst Street, #201, applicant, requested clarification of Condition No. l.f and 2.c. Mr. Fauland expressed concern regarding the front elevations for both homes. He noted that they are very similar in design. He directed staff that in the future he would like to see variations in front elevations of homes. Mr. Fauland also mentioned to the applicant that he would like to see more variations in the design of homes that he submits. Mr. Fauland concluded by saying that he would condition future homes to have different front elevations if he is not satisfied with the elevations presented to him. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-41 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. 98-41: 1. Conditional Use Permit No. 98-41 for the establishment, maintenance and operation of the new three-story, 35 foot high single family residences will not be detrimental to the general welfare of is persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The new single family residences are designed to be compatible with the area. They comply with all applicable standards for three-story dwelling units including maximum height and provides access to the third story from within the main dwelling only. The property owner is required to dedicate and replace a portion of the alley which will improve vehicular circulation. 2. The conditional use permit will be compatible with surrounding uses because the area is a residential neighborhood which includes several existing three-story homes. Exterior materials proposed are similar to and compatible with those found on other homes in the general area. The proposed three-story, 35 foot high, single family residences 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 project, as modified by the conditions of approval, meets minimum development standards for setbacks, building height, site coverage, floor area, and landscaping, among others. 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 Residential Medium High Density (RMH-25- d) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: • a. LU 9.1.2 — Require that single family residential units be designed to convey a high level of quality and character. ZA Minutes 10/14/98 15 (98=1014) b. LU 9.2.1— Require that all new residential development within existing residential neighborhoods (i.e. infill) be compatible with existing structures. • CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.98-41: 1. The site plan, floor plans, and elevations received and dated August 25, 1998 shall be the conceptually approved layout with the following modifications: a. The maximum floor area ratio shall not exceed 1.0. b. The maximum site coverage shall not exceed 50 percent. c. Building height in the front and rear 25 feet of the lot shall be a maximum of 25 feet. d. The width of the balcony projection in the front yard of Lot 13 shall comply with the Huntington Beach Zoning and Subdivision Ordinance Section 230.68. Otherwise, adequate setback shall be provided. e. Indicate at least 40 percent of the required front yard as landscaping. f. Frosted glass or similar material shall be used for all bathroom windows that face a window of the abutting homes. (Code Requirement) g. Two exits are required for the third floor if the area exceeds 500 square feet (deck included). • (Code Requirement) (Building) h. 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) 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. 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. 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, liquefaction, ZA Minutes 10/14/98 16 (98=1014) foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) c. 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) d. 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 grading plan, prepared by a Registered Civil Engineer, 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) ® c. 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. The landscape plans shall be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. Any existing mature trees that must be removed shall be replaced at a two to one ratio (2:1) with minimum 36 inch box trees and shall be incorporated into the project's landscape plan. (PW) (Code Requirement) d. The developer shall dedicate 2.50 feet of alley.(PW) (Code Requirement) e. The developer shall submit a plan which shows the proposed water system improvements and all underground utilities within the area of the construction. (PW) 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; ZA Minutes 10/14/98 17 (98zm1014) d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); 40 e. Discontinue construction during second stage smog alerts. 5. Prior to final building permit inspection and approval, the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: (PW) 1) Landscaping; 2) Remove and replace the existing curb, gutter; and sidewalk along the frontage of the project. 3) Remove and replace one-half (1/2) of the alley 4) Install new sewer laterals per City Standards. 5) Install CATV facilities. 6) The developer shall abandon all existing water services. 7) Each proposed unit shall require a new separate domestic water meter (touch -read type) • and water service lateral located within the public right-of-way. The water service laterals and meter sizes shall meet the minimum requirements set by the Uniform Plumbing Code (UPC) and the Uniform Fire Code (UFC). The minimum size service lateral is one (1) inch. 8) If the proposed units are to have water facilities on the 3rd floor, then a backflow protection device shall be installed per the City of Huntington Beach Water Division standards. 9) 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. (FD) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. d. The project will 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) 0 ZA Minutes 10/14/98 18 (98zm1014) 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 40 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. I" INFORMATION ON SPECIFIC CODE REOUIREMENTS: 1. Conditional Use Permit No. 98-41 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-41 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. 98-41, 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. is4. 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) 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. Park and Recreation fees shall be paid prior to issuance of building permits. 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. 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. ZA Minutes 10/14/98 19 (98zm1014) ITEM 7: CONDITIONAL USE PERMIT NO.98-69 (OAKLANE PROPERTIES MANAUFACTURING FACILITY) APPLICANT: Douglas Cruse, C.R. Carney Architects, 2080 N. Tustin Avenue, #B, Santa Ana, CA 92705 PROPERTY OWNER: Clark Valentine, Oaklane Properties, c/o C&D Aerospace, 7330 Lincoln Way, Garden Grove, CA 92641 REQUEST: To construct a 12,294 square foot light manufacturing facility including 3,221 square feet of office space. LOCATION: 15361 Electronic Lane (southwest corner of Electronic Lane and Machine Drive) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed project plans, materials and photographs stating the purpose, location and zoning of the requested project. Staff stated that the applicant has requested a change to the originally submitted plans by adding a loading door at the northwest corner of the building. Staff recommended approval of the request based upon the findings and subject to the conditions as outlined in the staff report. Herb Fauland, Zoning Administrator, confirmed with staff that the loading door will be adequately screened and meets vehicular and visibility requirements. THE PUBLIC HEARING WAS OPENED. Cecil Carney, 2080 N. Tustin Avenue #B, Santa Ana, applicant, stated that he was available to answer questions and that he has reviewed and concurs with the suggested conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO. 98-69 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. 98-69: Conditional Use Permit No. 98-69 for the establishment, maintenance and operation of a 12,294 square foot concrete tilt -up, distribution, manufacturing and office facility for Valentine Woodworks 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 based on the following: a. The project layout is designed in the center of an industrial park and not in the immediate vicinity of any residential properties. ZA Minutes 10/14/98 20 (98=1014) • • • is addition, The building is designed to integrate with existing buildings within the same industrial park. In addition, parking and landscaping for the project will exceed the minimum requirements of Chapter 231 and Chapter 232 of the Huntington Beach Zoning and Subdivision Ordinance. 2. The conditional use permit will be compatible with surrounding uses because the distribution, manufacturing and office facility is located within an industrial area and is surrounded by existing industrial uses. 3. The proposed distribution, manufacturing and office facility 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 conditions required for the proposed use in the IL (Industrial Limited) zoning district. The proposed structure will comply with required building setbacks, parking and development standards. No special considerations or variances are requested. 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 IL (Industrial Limited) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Goal LU-1: Achieve development that maintains or improves the City's fiscal viability and reflects economic demands while maintaining and improving the quality of life for the current and future residents of Huntington Beach. b. Goal LU-12: Achieve the development of industrial uses that provide job opportunities for existing and future residents, as well as the surrounding subregion, and generate revenue for the City. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO. 98-69: 1. The site plan, floor plans, and elevations received and dated September 25, 1998 and the addendum dated October 9, 1998 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials proposed. b. 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. Back -flow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) c. 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 ZA Minutes 10/14/98 21 (98zm1014) submitted for review and approval with the application for building permit(s). (Code Requirement) d. 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. e. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. 2. Prior to 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. Submit three (3) copies of the site plan and floor plan and the processing fee to the Planning Division for addressing purposes. c. 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. 2) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) manual pulls; b) water flow, valve tamper and trouble detection; c) 24 hour supervision; and d) voice communication 3) 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. 4) Exit signs and exit path markings,will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. 5) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. • ZA Minutes 10/14/98 22 (98zm1014) 6) The project will 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. 7) Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. 8) Service roads and 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. 9) An automatic fire sprinkler system shall be installed throughout. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. 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. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) c. Block-wall/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. d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (PW) e. 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, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (PW) 4. 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 ZA Minutes 10/14/98 23 (98zm1014) 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) 41 c. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the City of Huntington Beach Fire Department prior to any construction. (PW) d. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 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; 0 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. All signs shall be brought into compliance with the Chapter 233 of the Huntington Beach Zoning & Subdivision Ordinance. b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) The building shall be served with a water service consisting of a domestic meter (touch read type) and service lateral with the public right-of-way, sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC). The domestic water service lateral size shall be a minimum of 2". (PW) c. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. d. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an oil site facility equipped to handle them. ZA Minutes 10/14/98 24 (98zm1014) 7. Hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m. Monday through Friday ® and 7:00 a.m. and 6 p.m. on Saturdays. 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 REOUHIEMENTS: 1. Conditional Use Permit No. 98-69 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-69 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. 98-69, 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) 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. 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. ZA Minutes 10/14/98 25 (98zm1014) 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. 0 THE MEETING WAS ADJOURNED AT 2:22 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 21, 1998 AT 1:30 PM. Herb Fauland Zoning Administrator rmk • • ZA Minutes 10/14/98 26 '(98=1014) 7. Hours of operation shall be limited to between 7:00 a.m. and 8:00 p.m. Monday through Friday Isand 7:00 a.m. and 6 p.m. on Saturdays. 8. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, 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 REOUIREMENTS: 1. Conditional Use Permit No. 98-69 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 98-69 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. 98-69, 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) 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. 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. 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. Zh jlvfinuta '. , ".4,'98 25 (98zm1014) 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. THE MEETING WAS ADJOURNED AT 2:22 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 21, 1998 AT 1:30 PM. 1) Herb Fauland Zoning Administrator :rmk • • %Q A/Tlil itpo IA11 A / 26 (98zm1014)