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HomeMy WebLinkAbout1999-06-02MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, JUNE 2, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Peter Vanek MINUTES: None ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.99-1/CONDITIONAL USE PERMIT 99-1/NEGATIVE DECLARATION NO.99-1 (31 ACRE SOIL EXPORT) APPLICANT: The Ocean Grand Resort, LLC, 660 Newport Center Drive, Suite 1050, Newport Beach, CA 92658 PROPERTY OWNER: Capital Pacific Holdings, Inc., 4100 MacArthur Boulevard, Suite 200, REQUEST: Newport Beach, CA 92660 To export approximately 226,000 cubic yards of soil from the 31 acre site (bounded by Pacific Coast Highway, Beach Boulevard, Huntington Street, and Sea Breeze Drive) for subsequent development of the Ocean Grand Resort property. LOCATION: 31 acre site bounded by Atlanta Avenue to the north, Pacific Coast Highway to the south, First Street to the west, and Huntington Street to the east PROJECT PLANNER: Peter Vanek Peter Vanek, Staff Planner, stated the purpose and location of the request. Staff stated that the request includes an environmental analysis from which Mitigated Negative Declaration No. 99-1 has been prepared. Staff stated that the environmental documentation has been completed for the export of soil. Staff recommended approval of the request as conditioned. Herb Fauland, Zoning Administrator, asked staff to add a condition stating that a mitigation monitoring program shall be submitted and approved prior to commencement of any grading activities. The condition shall indicate that all mitigation measures shall be complied with in accordance with the approved mitigation monitoring program. Mr. Fauland stated that he received, on this date, and after the comment period, a letter from John Scandura, chairman of the City's environmental board, regarding comments and recommended additional mitigation measures. In particular, the letter addressed condition 3.c regarding the vehicle routing plan, restriction of parking, reduction of hauling hours, and increase in the number of hourly truck trips. THE PUBLIC HEARING WAS OPENED. Rick Reif, 80 Huntington Street, #165, neighboring resident, expressed concerns regarding dust, the entrance and exit routes for the trucks hauling dirt, requested assurance that water trucks will be available, asked how long the project will take to complete, and asked what the final grading of the site would be. Brett Anderson, 660 Newport Center Drive, #1050, Newport Beach, the applicant, addressed Mr. Reif s concerns. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. - Mr. Fauland asked staff to modify condition 3.g to reflect that the work plan must be approved by the Fire Department. COASTAL DEVELOPMENT PERMIT NO.99-1/CONDITIONAL USE PERMIT NO.99-1/NEGATIVE DECLARATION NO.99-1 WERE APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-1: 1. Coastal Development Permit No. 99-1 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The proposed soil excavation and export is consistent with the land use designation of Residential High Density and Commercial Visitor on the subject property. 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. The proposed soil excavation and export will conform with all applicable City Codes as allowed by the conditional use permit. 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 will be installed upon commencement of any structures on the site. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed soil excavation and export will not impact public views or access to coastal resources. ZA Minutes 06/02/99 2 (OOZM0602) FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-1: 1. Conditional Use Permit No. 99-1 for the establishment, maintenance and operation of the soil excavation and export 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 soil export will be temporary in nature and will be properly mitigated to prevent any impacts to adjacent properties. 2. The conditional use permit will be compatible with surrounding uses. The proposed soil excavation and export does not include any substantial change to the current vacant state of the property. 3. The proposed soil excavation and export will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential High Density and Commercial Visitor on the subject property. FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO.99-1 0 1. The Negative Declaration No. 99-1 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of twenty (20) days. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration, Conditional Use Permit No. 99-1 and Coastal Development Permit No. 99-1. 2. Mitigation measures, incorporated into the attached conditions of approval, avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. 3. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as mitigated through the conditions of approval for the conditional use permit and coastal development permit will have a significant effect on the environment. CONDITIONS OF APPROVAL — COASTAL DEVELOPMENT PERMIT NO.99-1/ CONDITIONAL USE PERMIT NO.99-1/NEGATIVE DECLARATION NO.99-1: 1. The site plan, floor plans, and elevations received and dated March 26, 1999 shall be the conceptually approved layout. ZA Minutes 06/02/99 3 (OOZM0602) 2. Prior to submittal for grading 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 grading permits. b. All Fire Department requirements shall be noted on the building plans. (FD) 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. An erosion control plan shall be submitted to the Department of Public Works. (PW) c. The applicant shall submit a truck and construction vehicle routing plan for approval by the Public Works Department. This plan shall show the routing of construction traffic between sites, the hours in which transportation activities can occur, and methods to minimize construction related impacts to adjacent residents. In addition, an approximate construction schedule and estimated number of trips shall be submitted. (PW) (Mitigation Measure) d. The applicant shall retain a qualified paleontologist for consultation prior to grading activities. The paleontologist shall monitor the site during those grading activities that he/she feels are necessary to ensure protection of the paleontological resources on site. (Mitigation Measure) e. The area contained within ORA site #149 shall be fenced off during grading operations to ensure that none of the remains are disturbed during the excavation of the site. In addition, a qualified paleontologist shall be retained to periodically monitor the site during grading activities. (Mitigation Measure) f. The hours of operation shall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. g. A work plan must be submitted to and approved by the Fire Department prior to initiating project activity. (FD) h. A mitigation monitoring program shall be submitted to and approved by the Planning Department. All mitigation measures of Mitigated Negative Declaration No. 99-1 shall be complied with in accordance with the approved mitigation monitoring program. 4. During construction, the applicant shall: (Mitigation Measure) 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 06/02/99 4 (00ZM0602) 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. The use shall comply with the following: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. b. All soils must conform to City of Huntington Beach Soil Cleanup Standard, City Specification No. 431-92. (FD) c. The soil excavation and export must be done under the supervision of a California State Licensed Environmental Site Auditor/Company. (FD) d. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. e. Only the uses described in the narrative shall be permitted. 6. The Director of Planning ensures that all conditions of approval herein are complied with. The Director of Planning 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 Director of Planning 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: Coastal Development Permit No. 99- 1 /Conditional Use Permit No. 99-1Negative Declaration No. 99-1 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 99- 1 /Conditional Use Permit No. 99-1Negative Declaration No. 99-1 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 99- 1/Conditional Use Permit No. 99-1Negative Declaration No. 99-1, 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) ZA Minutes 06/02/99 5 (OOZM0602) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 7. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 1:50 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, JUNE 6,1999 AT 1:30 PM. Herb Fauland Zoning Administrator :rmk 1 ZA Minutes 06/02/99 6 (OOZM0602)