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HomeMy WebLinkAbout1999-08-11MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, AUGUST 11,1999 -1:30 P.M. ZONING ADMINISTRATOR: Mike Strange, Acting STAFF MEMBER: Bob Goldin, Joe Thompson, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: July 21, 1999 Minutes continued to the August 18, 1999 meeting. ORAL COMMUNICATION: None ITEM 1: COASTAL DEVELOPMENT PERMIT NO.99-6 (CHEVRON SOIL REMEDIATION) APPLICANT: Mike Stafford, Chevron Land and Development Company 3100 South Harbor Blvd., Suite 340, Santa Ana, CA 92704 PROPERTY OWNER: PLC Land Company, 23 Corporate Plaza Drive, Suite 250, Newport Beach, CA 92660 REQUEST: To permit the remediation of approximately 50,000 cubic yards of oil stained soils that will be excavated, screened, cleaned and recompacted on the 56 acre site. LOCATION: 20031 Goldenwest (bounded by Palm Avenue to the north, Seapoint Street to the west, Goldenwest Street to the east and the Aera Energy parcel to the south). PROJECT PLANNER: Bob Goldin Bob Goldin, Staff Planner, displayed site plans stating that this is a request by Chevron. Staff stated that under the agreement with the property owner (PLC), Chevron is the responsible party for remediation of the soil. Staff stated that the remediation will involve excavating the oil stained soils, screening and removing all large debris, mixing it with clean soil, and re -compacting it into the area. Staff stated that Chevron does not anticipate removing much soil from the site noting that large debris that cannot be remediated on sight would be removed. He stated that the process would take approximately three to four months and will be using approximately a ten -man crew, parking will be on site, and any hauling of dirt will be at the end of the process to designated dumpsites. Staff stated that this process of remediation is somewhat different from a previous stockpiling project approved by the City noting a difference in the conditions thereby minimizing the impact on adjacent properties. Staff stated that the applicant has reviewed the conditions and concurs. Staff outlined some of the conditions in particular the hours of operation, use of water trucks on the premises, outside parking, final inspections, and haul routes. Staff recommended approval subject to the suggested findings and conditions. THE PUBLIC HEARING WAS OPENED. Michael Stafford, 3100 S. Harbor Boulevard, #340, the applicant, concurred stating that it is Chevron's intention to remediate everything back onto the site. Clark Tompkins, 19871 Deguelle Circle, adjacent resident, stated that he complained to the City about the truckloads of dirt creating dust and was dissatisfied with the results. He expressed extreme concern over the dust that will be generated during this project's soil remediation. Mr. Tompkins requested reassurance that the residents will not be inundated by the dust from the site. Michael Strange, Zoning Administrator, asked Mr. Tompkins what City department he spoke with and he was advised that it was the department of Public Works. Staff, at the request of Mr. Strange, outlined the activity that has taken place at the site to date. Staff also stated that dust has been a constant problem. He offered to give Mr. Tompkins the names of contacts (besides Public Works) who can address this problem, i.e., Code Enforcement, the superintendent on site, and PLC. Staff apologized on behalf of Public Works for not responding to Mr. Tompkins complaints. Mr. Strange asked Staff to explain the suggested conditions regarding the requirements to keep the dust down during the remediation. Staff reviewed some of the requirements as outlined in condition 8. Staff noted that there will be a Chevron on -site point -of -contact to resolve problems. Mr. Strange and Staff discussed condition 8.a. Mr. Strange emphasized that a water truck needs to be on the site at all times. Mr. Strange asked Staff who the responsible department is for enforcing the conditions. Staff stated that Tim Greaves, Fire Department, through the petrochemical division, monitors the actual remediation efforts; Code Enforcement monitors the conditions of approval associated with the remediation efforts; and Public Works assists in terms of impact on public right-of-way. Staff stated that Bruce Crosby, Public Works, sat in on the environmental assessment and is aware of the considerations. Susan Johnson, 608 Goldenwest Street, questioned how long PLC would continue to stockpile. Staff advised approximately six months after Chevron completes the remediation. Staff agreed to research a more exact answer. Ms. Johnson stated that street sweepers do not help in this situation because they create more dust, and only the watering down helps with the issue of dust. William Lee, 424 Goldenwest Street, stated that the water trucks push the dirt into their yards and when the dirt dries it is still dust. Ms. Johnson stated that when the dirt is watered down it dries instantly. ZA Minutes 08/11/99 2 (99ZM0811) Mr. Stafford stated that the intention is to maintain water trucks on the site continuously throughout the remediation efforts. Mr. Strange and Mr. Stafford discussed the fact that there would be no import of soils, and that the remediated soil would be placed back into the ground. Mr. Tompkins expressed concern regarding dust when the soil is to be removed from the site at the end of the project. Mr. Stafford stated that debris with no re -use potential on site will be a very small percentage and noted that it is their intention not to haul any dirt off the site. He stated that the analysis indicates that the dirt can be adequately remediated on site and reused back into fills or into the streets of the proposed development. Mr. Tompkins suggested that the trucks be hosed off before leaving the sight. He expressed concern over Goldenwest Street being torn up and the subsequent reduction of lanes. Mr. Stafford stated that Chevron will make every effort to reduce the dust problem. He presented options such as hauling debris as the project progressed or stockpiling and hauling at the end of the project. Mr. Strange noted that a Public Works representative was not present at this hearing to respond to Mr. Tompkins. Staff stated it was his understanding that the street would be open and accessible. Mr. Lee suggested re-routing to Pacific Coast Highway in order to avoid Goldenwest. Staff stated that one of the conditions would require the applicant to submit a haul route for review and approval when they are ready to haul. Mr. Strange approved the item with the suggested findings and conditions and with the following modified conditions: 1. A routing plan to show access off Goldenwest Street. 2. Trucks are to be watered down as they leave the site. 3. The water truck is to be on the site at all times. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. COASTAL DEVELOPMENT PERMIT NO. 99-6 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. ZA Minutes 08/11/99 3 (99ZM0811) FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15330, Class 30 because it involves a minor action to remediate the oil stained soils existing on site. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-6: 1. Coastal Development Permit No. 99-6 to permit the remediation of 56 acres of oil stained soils conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan. The proposed remediation will not impact public views or access to coastal resources as none exist currently at the site. 2. Coastal Development Permit No. 99-6 is consistent with the "RH-O-CZ" Zoning District, (High Density Residential_ with an Oil and Coastal Zone overlay), as well as, other provisions of the Huntington Beach Local Coastal Program applicable to the property. The proposed project is for remediation of contaminated soils only and all remediation activities will be conducted on -site and will comply with applicable City codes. 3. At the time of completion the site will be in a manner that is consistent with the Coastal Element of the General Plan in that no change to the overall grade is proposed. 4. The proposed remediation conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act, The proposed remediation will not impact public access or recreational resources as none exist currently at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-6: 1. The site plan and related information for the remediation received and dated April 21, 1999 shall be the conceptually approved layout. 2. Prior to commencing operations, the applicant shall submit a remediation plan in accordance with City Specifications No. 431-92 for review and approval by the City, including methods to minimize remediation related impacts on the surrounding properties.(FD) 3. Prior to commencing operations, the applicant shall prepare a plan to be submitted to the City for review and approval that details how all drainage associated with the remediation efforts shall be retained on site and that no wastes or pollutants shall escape the site. 4. Prior to commencing operations, the applicant shall provide the City with a point of contact who is on -site to address any concerns or issues raised by adjacent properly owners during the remediation efforts. 5. Prior to commencing operations, the applicant shall submit a grading plan prepared by registered civil engineer for review and approval by the City. The grading plan shall include notation indicating that all soils must meet City Specifications No. 431-92. (PV) ZA Minutes 08/11/99 4 (99ZM0811) 6. Prior to commencing operations, the applicant shall submit an erosion control plan for review and approval by the City. (PW) 7. Prior to commencing operations, the applicant shall submit the approximate number of truck trips and the proposed truck haul routes to the City for review and approval and shall take into consideration any street improvement construction that is occurring on Goldewest Street. 8. During the remediation operations, the applicant shall: a) Water trucks will be on site and available and used throughout the day and as needed, in the areas where vehicles travel and the soils are processed to keep damp enough to prevent dust raised by the operations; b) Wet down areas in the late morning and after work is completed for the day; c) Construction equipment shall be maintained in peak operating condition to reduce emissions; d) Use low sulfur (0.5%) fuel by weight for construction equipment; e) Truck idling shall be prohibited for periods longer than 10 minutes, f) The construction disturbance area shall be kept as small as possible; g) Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts; h) Discontinue operation during second stage smog alerts. i) All haul trucks leaving the site shall be covered to prevent dust impacting the surrounding areas. j) Prior to leaving the site, all haul trucks shall be washed off to prevent dirt and dust from leaving the site and impacting the public streets 9. All construction access shall be taken off Goldenwest Street. (PW) 10. The hours of operation shall be limited to 8:00 a.m. to 5:00 p.m., Monday through Friday. 11. On site parking shall be provided for all construction workers and equipment. 12. All remediation activities shall comply with the City's Noise Ordinance Section 8.40 of the City's Municipal Code. 13. Prior to final 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. ZA Minutes 08/11/99 5 (99ZM0811) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning 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. 14. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan or remediation activities are proposed as a result of the plan check process. Permits shall not be issued until the Planning 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. Coastal Development Permit No. 99-6 shall not become effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 99-6 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. 99-6, 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. 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. 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 Planning Department within two (2) days of the Zoning Administrator's action. 1 ZA Minutes 08/11/99 6 (99ZM0811) ITEM 2: VARIANCE NO. 99-3 (EXTENDED STAY AMERICA) APPLICANT/ PROPERTY OWNER: Michael Gallen, Extended Stay America, 2525 Cherry Avenue, #310, Signal Hill, CA 90806 REQUEST: Reduce landscape planter width along the east property line to 2.5 feet in lieu of 5 feet and reduce the landscape planter width along the south property line to 3.5 feet in lieu of 5 feet. LOCATION: 5050 Skylab West (southeast corner of Bolsa Chica and Skylab) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request is by Extended Stay America Hotels to reduce a landscape planter width along the east and south property lines to 2.5 feet and 3.5 feet, respectively, in lieu of the required minimum 5 feet as required by the McDonnell Douglas Centre Business Park Specific Plan. Staff stated that the project is located in an industrial area with a zoning designation of SP-11. Staff stated that the landscape areas in question are existing to the facility, therefore, the variance is being requested after the fact. Staff stated that the reduction in the landscape width was necessary to accommodate drainage from adjacent parking lots located within the adjacent Boeing facility. Staff stated a requirement was imposed by the City to accommodate the existing draining patterns to the Boeing parking lots that have historically drained over the subject site. He stated that a curb, gutter and catch basins were added to accommodate the drainage where the full planter width was originally planned. Staff displayed photos. Staff stated that in making changes to the plan and in obtaining final plan check approval, the landscape plans were not changed to reflect the reduced landscaped areas displaced by the new drainage facilities as shown on the Public Works approved civil plans. Staff stated that the landscape planters cannot be widened without reducing the required minimum drive aisle width of the hotel. Staff stated that in order to accommodate the required minimum width of the landscape planter, the hotel would be required to purchase a strip of land from the Boeing facility. Staff stated that this would create an undue hardship on the applicant. Staff stated that the applicant would be conditioned to work with the City's landscape architect in keeping with the intent of the Specific Plan. Staff recommended approval with the imposed conditions. THE PUBLIC HEARING WAS OPENED. Michael Gallen, 2525 Cherry Avenue, #310, Signal Hill, CA, the applicant, stated that the landscape planter cannot be increased without reducing the fire lanes or removing all of the constructed drainage facilities. Mr. Strange, Zoning Administrator, confirmed with Mr. Gallen that the problem is the location of the storm drain. ZA Minutes 08/11/99 7 (99ZM0811) Mr. Gallen stated that facilities were installed along the property line to accept water from the adjacent property. Mr. Gallen stated that if Boeing were to develop the parking lot, they would be required to install a five foot landscape planter, thereby eliminating the drainage facilities. Staff stated that this is currently in plan check. Staff stated that Chuck Davis, Landscape Architect, advised that the landscape material currently in use is consistent with the McDonnell Douglas Centre Business Park Specific Plan; however, he will reconsider options to plant trees that would provide shade and more of a lush landscape. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Strange and Staff reviewed the site plan and discussed with Mr. Gallen the strip along the south property line as well as the percentage of landscaping. Mr. Strange instructed Staff to include in the findings that the percentage of landscaping is greater than what is required by code. VARIANCE NO.99-3 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 PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 Section 1 of the CEQA Guidelines, because the reduction in width of the perimeter landscape planter is necessary to allow proper drainage from the adjacent Boeing Aerospace site into existing catch basins. Drainage patterns were analyzed as part of the McDonnell Centre Business Park EIR No. 96-1. FINDINGS FOR APPROVAL - VARIANCE NO.99-3: 1. The granting of Variance No. 99-3 for a reduced landscape planter width along the east property line to 2.5 feet in lieu of the minimum 5 feet; and reduction of the landscape planter width along the south property line to 3.5 feet in lieu of the minimum 5 feet will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. The landscape planters cannot be increased on the subject site without removing the approved drainage facilities adjoining the Boeing property to the east and south of the subject site or by reducing the required drive aisle width on the subject site. 2. Because of special circumstances applicable to the subject property, including accommodation of sheet flow drainage from adjacent properties, 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 site improvements were completed in accordance with the ZA Minutes 08/11/99 8 (99ZM0811) 1 approved civil plans, which do not match the landscape plans along the east and south property lines. Had the discrepancy regarding minimum perimeter landscape widths been discovered prior to completion of the project, necessary modifications would have been performed to accommodate minimum widths of the south and east perimeter landscape planters. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The request is necessary to allow proper drainage from the Boeing facility site into existing catch basins designed to accommodate such drainage. 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 site has no direct impact on the public welfare as it is located within an existing industrial center and isolated from any residential neighborhood. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Industrial on the subject property because U3 Provide a flood control system which is able to support the permitted land uses while preserving the public safety; upgrade existing deficient systems; and pursue funding sources to reduce the costs of flood control provision to the City. U3.1.3 Monitor the demands and manage development to mitigate impacts and/or facilitate improvements to the storm drainage system. CONDITIONS OF APPROVAL — VARIANCE NO 99-3: 1. The Site Plan received and dated April 23, 1999 and the Perimeter Landscape Section received and dated April 26, 1999 shall be the conceptually approved layout with the following modifications: a. A revised Landscape Plan addressing planting materials for the south and east perimeter landscape planters shall be submitted to the City's Landscape Architect for review and approval within 30 days of final approval of this entitlement. b. Submit copy of the revised site plan, pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Planning Department within 30 days of final approval of this entitlement. 2. The Planning 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 Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes 08/11/99 9 (99ZM0811) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Variance No. 99-3 shall not become effective until the ten-day appeal period has elapsed. 2. Variance No. 99-3 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Variance No. 99-3, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 6. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Zoning Administrator. 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 Planning Department within two (2) days of the Zoning Administrator's action. ITEM 3: CONDITIONAL USE PERMIT NO 99-19 (CAPONE'S PIZZA & PASTA APPLICANT: Hamid Ataei, 6731 Westminster Boulevard, #10, Westminster, CA 92683 PROPERTY OWNER: WT Newland Estate, 19800 MacArthur Boulevard, #100, Irvine, CA 92612-2439 REQUEST: To establish a 1,818 square foot restaurant with alcohol sales and outdoor dining in an existing retail shopping center. LOCATION: 19688 Beach Boulevard #10 (Newland Center) (northeast corner of Beach and Adams) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request is to establish al,818 square foot restaurant with alcohol sales and outdoor dining. Staff stated that the subject site is zoned Commercial General and is surrounded on the north, east and west by other commercial uses, and to the east by Barlett Park behind Newland Center. Staff stated that the applicant is proposing to open a pizza and pasta restaurant. Staff outlined the seating capacity, number of employees and hours of ZA Minutes 08/11/99 10 (99ZM0811) operation. Staff stated that the applicant provided a shared parking study for Newland Center, which was prepared by a State licensed traffic engineer, and Staff outlined the week day and week end parking capacity. Staff stated that the Public Works traffic division has analyzed this study and concurs with the results. Staff stated that the project is consistent with all applicable codes of the zoning ordinance and with the goals and policies of the General Plan. Staff stated that in view of the applicant's desire to serve alcohol in the outdoor dining area, he requested deletion of condition 4.a, which would require no alcohol in the outdoor dining area. Staff stated that this is possible because the Newland Center is located on private property and not in the public right-of-way. Staff recommended approval with the conditions imposed. Mike Strange, Zoning Administrator, asked Staff if a barrier was proposed for the outdoor dining area, and Staff confirmed that there is a 42" high wall. Mr. Strange asked if there was a report from the police department regarding the sale of alcohol on the outdoor patio and Staff stated they had no comment. THE PUBLIC HEARING WAS OPENED. Hamid Ataei, 6731 Westminster Boulevard, #10, Westminster, CA, the applicant, stated that the present intent is not to serve alcohol outside. He stated they are just applying to enclose the patio in the future. Mike Strange explained that the purpose of today's hearing is to review the conditional use permit to establish the restaurant as well as reviewing the request for the outdoor patio and the serving of alcohol. He stated that action will be taken on all these items today. Dave Quatman, 19750 Beach Boulevard, owner of RoundTable Pizza also located in the Newland Center, stated that approval of this conditional use permit would contribute to a violation of his lease with the landlord. Mr. Quatman stated that he has sought the advice of an attorney who has served the applicant and the landlord with a letter regarding this issue. Susan Szabo, 14200 Culver Drive, Suite S, Irvine, Regency Realty, owner of the property, stated that Regency Realty purchased the property two years ago. She stated that they are aware of Mr. Quatman's legal issues and are dealing with those issues outside of today's forum. Mr. Strange advised Mr. Quatman that issues involving leases and contracts do not come under the purview of the City and are civil matters. Mr. Strange explained that he can only act on zoning and general plan issues. Mr. Strange, Staff and the applicant discussed the hours of operation for the outdoor dining area, and it was concluded that the hours would be the same as the restaurant indoors. Ms. Szabo stated that the hours are the same as Super Max who also has an outside seating area. She confirmed with Mr. Strange that Super Max has also been approved for alcohol sales outdoors. ZA Minutes 08/11/99 11 (99ZM0811) THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-19 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR PROJECTS EXEMPT FROM CEOA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15301 Class 1 of the CEQA Guidelines, because the restaurant is locating within an existing retail center, which is designed to include this type of use. FINDINGS FOR APPROVAL — CONDITIONAL USE PERMIT NO.99-19: Conditional Use Permit No. 99-19 for the establishment, maintenance and operation of a 1.818 square foot restaurant with alcohol sales, and a 266 square foot outdoor patio 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 restaurant will occupy an existing retail suite, with the outdoor dining area oriented toward the parking lot and Beach Boulevard. Additionally, adequate width of the public right-of-way and public circulation will be maintained. 2. The conditional use permit will be compatible with surrounding uses. The establishment of a restaurant with alcohol sales and outdoor dining will be compatible with the adjacent retail, and restaurant uses, including the existing outdoor plaza area. Similar types of uses exist within the same retail center and alcohol sales for the proposed restaurant will be ancillary to food service. 3. The establishment of a 1,818 square foot restaurant with alcohol sales, and a 266 square foot outdoor dining area 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 restaurant conforms to all setbacks, building heights, and maximum square footage for outdoor dining. A parking study prepared by a licensed traffic engineer supports the required parking for the restaurant with outdoor dining use. 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 General Commercial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: LU 10.1 Provide for the continuation of existing and the development of a diversity of retail and service commercial uses that are oriented to the needs of local residents, serve the ZA Minutes 08/11/99 12 (99ZM0811) 17 surrounding region, serve visitors to the City, and capitalize on Huntington Beach's recreational resources. LU 10.1.1 Accommodate the development of neighborhood, community, regional, office and visitor - serving commercial uses in areas designated on the Land Use Plan Map in accordance with Policy 7.1.1. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-19: 1. The site plan and floor plans received and dated April 22, 1999 and the outdoor dining area floor plans received and dated June 9, 1999 shall be the conceptually approved layout. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. If a landscape planter is proposed as part of this project, a Landscape and Irrigation Plan shall be submitted for review and approval by the Public Works and Planning Departments. In addition, a revised set of site plans shall be submitted for inclusion into the entitlement file. 3. Prior to final building permit inspection and approval or Certificate of Occupancy, the following; shall be completed: a. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) b. Fire lanes shall be designated and posted to comply with City Specification 415. (FD) c. Address numbers shall be installed to comply with City Specification 428. (FD) d. If fire sprinklers are required to the proposed building, the building shall have a separate fire service with an appropriate backflow protection device per Water Division standards, and shall be sized to meet the minimum requirements set by the Uniform Fire Code (UFC). (PW) e. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. f. 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. g. The existing domestic meter and service serving the site may potentially be utilized for domestic purposes if it is of adequate size, conforms to current standards, and is in working condition as determined by the Water Division. If a new service and/or meter is required, or is desired by the owner, it shall be installed per Water Division standards and sized to meet ZA Minutes 08/11/99 13 (99ZM0811) the minimum requirements set by the Uniform Plumbing Code (UPC). Minimum service lateral size shall be 2 inches. (PW ) h. All meters shall be touch -read type. (PW ) i. A backflow protection device shall be installed per the City of Huntington Beach Water Division standards for existing domestic water service. (PW ) 4. The use shall comply with the following: 5 a. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Department of Planning for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. b. Only the uses described in the narrative dated April 19, 1998 shall be permitted. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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: Conditional Use Permit No. 99-19 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-19 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 Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-19, 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) 5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW ) 6. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. ZA Minutes 08/11/99 14 (99ZM0811) V, 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. 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 Planning Department. 10. 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 Planning Department within two (2) days of the Zoning Administrator's action. ITEM 4: CONDITIONAL USE PERMIT NO.99-8 (SEACLIFF VILLAGE SHOPPING CENTER APPLICANT/ PROPERTY OWNER: Seacliff Village LLC, 655 Brea Canyon Road, Walnut, CA 91789 REQUEST: Construction of a 9,120 square foot, two (2) tenant building at Seacliff Shopping Center. The building will include a 4,443 square foot bank and a 4,494 square foot restaurant with outdoor dining. LOCATION: 19461 and 19471 Main Street (northwest corner of Main and Yorktown) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request is to establish Pad B at the Seacliff Village Shopping Center, which is located on the southeast corner of the center and at the northwest corner of Main and Yorktown. Staff stated that Pad B is part of the master plan for the shopping center, which was previously approved, however, the permit for the center requires that all satellite buildings go through a separate conditional use permit process. Staff stated that the zoning designation is SP-9 and is located within the Holly Seacliff Specific Plan. Staff stated that Washington Mutual Bank would occupy the 4,443 square foot northern suite, and a yet to be determined restaurant will be established in the 4,494 square foot southern suite. Staff stated that the restaurant will also include a 400 square foot outdoor dining area requiring a separate CUP process if alcohol sales are proposed once the tenant is established. Staff stated that the building design, including color and materials, was heard by the Design Review Board, which recommended the proposal as submitted. He stated that in addition the project is consistent with the design guidelines, the Holly Seacliff Specific Plan, and the Seacliff Village Shopping Center. Staff stated that signs for the building itself have been approved through an established planned sign program. The project is in conformance with all applicable provisions of the Holly Seacliff Specific Plan, the Huntington Beach Zoning Ordinance and is consistent with the General Plan. ZA Minutes 08/11/99 15 (99ZM0811) Staff recommended approval with the conditions imposed. THE PUBLIC HEARING WAS OPENED. Jim Yoder, Shea Properties, referred to condition Ta and requested moving the bus pad west. Staff stated that he had a discussion with Dave Webb from Public Works regarding condition Ta. Staff stated that based on a timing issue, Dave Webb was not willing to change this condition. Mr. Strange, Zoning Administrator, confirmed the types of uses. Mr. Strange confirmed with Staff that outdoor dining is part of the approval process today. Staff stated that square footage was reduced because of parking requirements. Mr. Strange confirmed with Staff that sale of alcohol would require a separate hearing. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO.99-8 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 PROJECTS EXEMPT FROM CEQA: The Zoning Administrator finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to section 15303 of the CEQA Guidelines, because the development was analyzed and approved under the Holly Seacliff Specific Plan EIR 89-1. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99- 8: 1. Conditional Use Permit No. 99-8 for the establishment, maintenance and operation of the 9,120 square foot, two tenant building (Pad B) at Seacliff Shopping Center 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. Pad B is part of the master plan for the shopping center, which has been previously approved by permit. The proposed building is consistent with the Master Site Plan. 2. The conditional use permit will be compatible with surrounding uses because the building will be incorporated into part of a larger shopping center, which previously existed on the site. 3. The proposed Conditional Use Permit 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 ZA Minutes 08/11/99 16 (99ZM0811) would be located. The building conforms to all setbacks, building heights, parking, and all other provisions of Holly Seacliff Specific Plan. 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 Mixed Use Horizontal on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. LU 10.1.1 Accommodate the development of neighborhood, community, regional, office, and visitor serving commercial uses in area designated on the Land -Use Plan Map in accordance with Policy 7.1.1 CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO 99-8: 1. The site plan, floor plans and elevations received and dated May 10, 1999 shall be the conceptually approved layout with the following modifications: The area reserved for outdoor dining for the restaurant use on Pad B shall not exceed 400 square feet. 2. Prior to issuance of grading permits, the following shall be completed: a. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. On -site storm water to be collected in grated catch basins and run through clarifies. This is to be submitted prior to/with first plan check. (PW) b. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, ground acceleration, retaining walls, streets, and utilities. (PW) Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). 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 Planning. b. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) c. A Parcel Map shall be approved and recorded with the County Recorder's Office. (PW) ZA Minutes 08/11/99 17 (99ZM0811) d. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect, shall be submitted to the Department of Public Works for review and approval by the Park, Tree and Landscape Division. (PW ) e. Hydrology and hydraulic studies shall be submitted for Public Works approval. (include on and off -site; proposed and existing). (PW) f. All applicable Public Works fees shall be paid. (PW ) 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 or Certificate of Occupancy, the following shall be completed: a. A Bus Pad shall be added on the north side of Yorktown Avenue per the approved Seacliff Village Shopping Center Master Plan. (PW ) b. The existing cross gutter at Main Street and Yorktown Avenue shall be removed. (PW ) Frontage improvements on Yorktown Avenue and Main Street (as required) shall be constructed per Public Works Standards. (PW ) d. Any new or existing overhead facilities shall be underground per City Ordinance. (PW ) e. Each of the proposed businesses shall have a new separate domestic (touch read) water meter and service 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 inches. (PW ) f. The proposed building shall have a separate dedicated fire service. (The monthly fee for this service shall be billed to one responsible party, as approved by the Water Division). (PW ) g. Separate backflow protection shall be installed per the City of Huntington Beach water Division Standards for domestic, irrigation and fire water services. (PW ) ZA Minutes 08/11/99 18 (99ZM0811) h. The proposed landscape areas shall be served from a separate irrigation service and meter. (per') i. All proposed new water connections shall be served from public Zone 2 water system. (PW) j. The on -site water distribution system to serve the entire site must be constructed prior to issuance of any Certificate of Occupancy for this project. (PW) k. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Planning Department. 1. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. in. 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. All Fire Department required improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: (FD) a. Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. b. 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: 1) manual pulls; 2) water flow, valve tamper and trouble detection; 3) 24 hour supervision; and 4) voice communication 5) Annunciation 6) Audible alarms 7) Smoke detectors c. Fire access roads shall be provided in compliance with City Specification No. 401. Include the Circulation Plan and dimensions of all access roads. d. 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. e. 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. f. Fire lanes shall be designated and posted to comply with City Specification 415. ZA Minutes 08/11/99 19 (99ZM0811) g. Fire hydrants must be installed before combustible construction begins. Prior to installation, shop drawings shall be submitted to the Public Works Department and approved by the Fire Department (City Specification 407). h. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. i. For Fire Department approval, submit a Fire Protection Plan in compliance with City Specification 426. j. 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. k. 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. 8. If alcohol sales will be offered as part of the proposed restaurant use, and due to the proximity of the nearby high school, a separate conditional use permit will be required prior to the sale of alcoholic beverages. Prior to the sale of alcoholic beverages, a copy of the Alcoholic Beverage Control Board (ABC) license, along with any special conditions imposed by the ABC, shall be submitted to the Planning Department for the file. Any conditions that are more restrictive than those set forth in this approval shall be adhered to. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning 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 Planning 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. 99-8 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-8 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 Conditional Use Permit No. 99-8, 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. ZA Minutes 08/11/99 20 (99ZM0811) u 4. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate of Occupancy. (PW) 5. An encroachment permit shall be required for all work within the right-of-way. (PW) 6. A Certificate of Occupancy must be issued by the Planning Department prior to occupying the building. 7. State -mandated school impact fees shall be paid prior to issuance of building permits. 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 Planning Department. 11. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaping, written approval must be obtained from the Departments of Planning and Public Works. Substantial changes shall require approval by the Zoning Administrator. 12. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. THE MEETING WAS ADJOURNED AT 2:15 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, AUGUST 18, 1999 AT 1:30 PM. Mike Strange, cting Zoning Administrator :rmk ZA Minutes 08/11/99 21 (99ZM0811)