HomeMy WebLinkAbout1999-08-18, MINUTES
HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR
Room B-6 - Civic Center
2000 Main Street
Huntington Beach California
WEDNESDAY, AUGUST 18,1999 -1:30 P.M.
ZONING ADMINISTRATOR: Herb Fauland
STAFF MEMBER: Jane James, Joe Thompson, Amy Wolfe, Peter Vanek, Ricky
Ramos, Ramona Kohlmann (recording secretary)
MINUTES: July 21, 1999 Minutes were approved.
ORAL COMMUNICATION: None
ITEM 1: REVOCATION OF COASTAL DEVELOPMENT PERMIT NO.95-
12/CONDITIONAL USE PERMIT NO.95-37 (BJ'S CHICAGO PIZZA AND BREWERY)
(CONTINUED FROM JULY 21, 1999)
APPLICANT: City of Huntington Beach, Planning Department, 2000 Main Street,
Huntington Beach, CA 92648
PROPERTY OWNER: Robert Koury Properties, 200 Main Street, #206, Huntington Beach,
CA 92648
REQUEST: Revocation of Coastal Development Permit No. 95-12/Conditional Use
Permit No. 95-37 for violations of Condition of Approval Nos. 1, 2, 3,
and 6 that pertain to the location of the outdoor dining.
LOCATION: 200 Main Street No. 101 (northeast corner of Main Street and Walnut
Avenue)
PROJECT PLANNER: Jane James
Jane James, Staff Planner, stated that BJ's Chicago Pizza located at the intersection of Main and
Walnut in the downtown area received permits in 1996 for outdoor dining. Staff stated that they
received numerous notices of violations and three administration citations for violations of their
conditions of approval. Staff stated that they were approved for a specific location for their outdoor
dining area, and expanded the outdoor dining area this past summer without City approval for an
amended plan.
Staff displayed the site plan showing the approved outdoor dining area. She stated that outdoor
dining was now taking place around the planter and on the public sidewalk.
Staff stated that since receiving the notices of violation and administrative citations, the Revocation
Hearing was scheduled in July. Staff stated that BJ's immediately came into compliance with their
previous conditions of approval. She stated that on the day of the Revocation Hearing, BJ's Pizza
submitted an Entitlement Plan Amendment (EPA), and since that time, they have been in compliance.
Staff stated that an EPA is in process to determine if they have the ability and space to expand the
outdoor dining area.
Staff recommended withdrawal of the revocation since BJ's is going through the EPA process and
has shown compliance within the last four weeks, and because they did pay their outstanding
administrative citation fees on August 6.
Staff stated that any further expansion without prior approval from the City would result in
immediate scheduling of a Revocation Hearing before the Zoning Administrator.
Staff recommended Withdrawal of this application with a stern warning to BJ's Pizza that they shall
comply with the previous conditions of approval at all times.
Herb Fauland, Zoning Administrator, had no questions at this point.
THE PUBLIC HEARING WAS OPENED.
THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST
AND THE PUBLIC HEARING WAS CLOSED.
REVOCATION OF COASTAL DEVELOPMENT PERMIT NO.95-12/CONDITIONAL USE
PERMIT NO.95-37 WAS WITHDRAWN BY THE ZONING ADMINISTRATOR.
ITEM 2• TENTATIVE PARCEL MAP NO.97-222 (SEACLIFF VILLAGE)
APPLICANT: Walden and Associates, 18012 Cowan, Suite 210, Irvine, CA 92614
PROPERTY OWNER: Seacliff Village, LLC, 655 Brea Canyon Road, Walnut, CA 91789
REQUEST: To subdivide 29.6 acres (Seacliff Village Shopping Center) into 18
parcel building sites and 2 common area parcels.
LOCATION: 2124 Main Street (northwest corner of Main and Yorktown)
PROJECT PLANNER: Joe Thompson
Joe Thompson, Staff Planner, displayed the tentative map stating that the proposal is to subdivide
29.6 acres of land into 18 numbered building parcel sites and 2 lettered lots, which include parking,
ingress and egress, drainage for lettered lot A, and landscaping for lettered lot B.
Staff stated that the project site is located at the Seacliff Village Shopping Center on the north side of
Yorktown between Main and Goldenwest Streets. He stated that the site is located within the Holly
Seacliff Specific Plan and has a General Plan designation of mixed use horizontal.
Staff stated that the shopping center itself was approved under Conditional Use Permit No. 97-56,
which included all site improvements including water and sewer service, and tree and landscape
planning. He stated that a comprehensive CC&R was also a condition of approval for the original
entitlement, which addressed reciprocal access, utilities and maintenance.
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Staff stated that there is no public dedication proposed as part of the Tentative Parcel Map. He stated
that the map is in conformance with the General Plan, and all applicable codes of the Zoning Code
and the Specific Plan.
With the conditions imposed, Staff recommended approval of the Tentative Parcel Map.
Mr. Fauland and Staff discussed the recent addition of Condition 5.b. Staff noted that the condition
was stated originally in Conditional Use Permit No. 97-56, and that it directly addressed the Tentative
Parcel Map in regard to reciprocal access through the site.
Mr. Fauland asked if there were any other specific conditions in the CUP that are applicable to this
map. Staff stated that there were none.
THE PUBLIC HEARING WAS OPENED.
Dave Walden, 18012 Cowan, Suite 210, Irvine, stated that he did not have a problem with the
conditions other than condition 5, which states, "prior to building permits". He stated that in the
original CUP they were not required to file prior to building permit.
Mr. Fauland agreed and suggested re -wording condition 5.a. Mr. Fauland, Mr. Walden and Staff
discussed options as well as the original conditions.
Mr. Fauland instructed Staff to change condition 5.a to read: "prior to final building permit inspection
and approval, or certificate of occupancy, the following shall be completed."
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
TENTATIVE PARCEL MAP NO.97-222 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).
The project was previously analyzed through Mitigated Negative Declaration No. 97-16 prepared for
the subject property.
FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO.97-222:
1. Tentative Parcel Map No. 97-222 for, subdivision of 29.6 acres into 18 parcel building sites and
two common area parcels is consistent with the General Plan Land Use Element designation of
Mixed Use Horizontal -specific plan on the subject property. The Seacliff Village Shopping
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Center currently exists on the site and is being renovated in a manner consistent with the Specific
Plan. The proposed lots are consistent with the Holly Seacliff Specific Plan.
2. The site is physically suitable for the type and density of development. The Seacliff Village
Shopping Center is an existing use. The subject property is flat and was originally developed for
this type of use.
3. 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. Environmental Impact Report No. 89-1 was prepared with respect to the
project area. Mitigation measures are in place that address specific environmental concerns.
Additionally, the project site is not within an environmentally sensitive area.
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. All easements
are in place, which address utility, emergency, or other types of required accesses.
CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO.97-222:
1. The tentative map received and dated May 25, 1999 shall be the approved layout.
2. Upon recordation of the parcel map the applicant shall submit a reproducible mylar copy and a
print of the recorded map per the City of Huntington Beach "CAD Standards Manual for
Consultants". (PW)
3. The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337
of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18
for the following item: (PW)
a. Tie the boundary of the map into the Horizontal Control System established by the County
Surveyor.
4. All vehicular access rights to Goldenwest Street, Main Street and Yorktown Avenue shall be
released and relinquished to the City of Huntington Beach except at locations approved by the
Zoning Administrator. (PW)
5. Prior to final building inspection or Certificate of Occupancy, the following shall be completed:
a. The Final Map shall be recorded with the County of Orange. (PW)
b. The subject property shall submit an irrevocable reciprocal driveway easement(s), between the
subject site and adjacent properties. The owner shall be responsible for making necessary
improvements to implement the reciprocal driveway. The legal instrument shall be submitted
to the Planning Department a minimum of 45 days prior to building permit issuance. The
document shall be approved by the Planning Department and the City Attorney as to form and
content and, when approved, shall be recorded in the Office of the County Recorder prior to
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occupancy. A copy of the recorded document shall be filed with the Planning Department
(Code Requirement) (CUP 97-56)
6. The following shall be shown as a dedication to the City of Huntington Beach on the Final Parcel
Map: (PW)
a. The water system and appurtenances as shown on the improvement plans.
b. Waterline easements shall be dedicated to the City of Huntington Beach.
7. All applicable conditions of approval for Conditional Use Permit No. 97-56, not listed above,
shall apply to this project.
INFORMATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE MAP NO.97-
222:
1. All applicable Public Works fees shall be'paid prior to map recordation. (PW)
2. Tentative Map No. 97-222 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.
ITEM 3: CONDITIONAL USE PERMIT NO.99-12 (ASH STREET APARTMENTS)
APPLICANT/
PROPERTY OWNER: Michael Doyle, 19641 Quiet Bay Lane, Huntington Beach, CA 9264E
REQUEST: To construct a two story, six -unit apartment building.
LOCATION: 17201 Ash Street (west side of Ash Street south of Cypress Avenue)
PROJECT PLANNER: Amy Wolfe
Amy Wolfe, Staff Planner, displayed site plans stating that the project is located within the Oakview
area west of Beach Boulevard and south of Warner Avenue. Staff stated that this is a proposal to
construct a two story structure that will include six apartment units. Staff stated that the project will
provide private and common open space and on -site parking for the proposed units.
Staff stated that the proposal was presented to the Design Review Board last week and was approved
with conditions for modifications to the site design and to the architecture of the building, to which
the applicant has concurred. Staff stated that the project, from a development standpoint, is in
substantial compliance with RM zoning except:
1. The private open space requirement for 300 square feet per unit:
• Staff stated that originally the project was in compliance, but due to a requirement imposed by
the Building Department, per UBC, there was a loss of approximately 3 feet in width along
the south side of the site resulting in a net private open space area that will not meet the 300
square foot requirement in all cases.
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Staff stated that she has imposed a condition to relocate the fencing for each one of the units
as necessary in order to meet that requirement. She stated that the requirement can be
accommodated without any major modifications to the interior and would not impede on to
the privacy of the units.
2. The applicant is not proposing any landscaping along the property line:
• Staff stated that Code requires that a five foot landscape strip be provided. She stated that she
had presented to the DRB a design solution that would accommodate the minimum driveway
width, the parking and the landscaping. Staff stated that the applicant has concurred to
incorporate the foregoing as part of the design, and that it has been included as a condition of
approval.
Staff stated that the project as conditioned is in compliance with the zoning requirements and the
intent of the General Plan for the development of the site.
Staff recommended conditional approval.
Herb Fauland, Zoning Administrator, questioned Staff regarding condition 2.b (Affordable Housing
Agreement). Mr. Fauland stated that the project is in a redevelopment area and needs to be in
conformance with the redevelopment law. Mr. Fauland asked Staff if one affordable unit is required
to be on site or if there is an opportunity to provide one unit off -site or within the overall
redevelopment project area.
Staff stated that on -site is not a requirement. She stated that the applicant has indicated his intent to
provide affordable housing off -site within the project area.
Mr. Fauland instructed Staff to clarify, in the condition, that the unit does not have to be on -site. He
suggested language that is permissive, which would allow the applicant to work with the
Redevelopment Agency in planning a location for the unit to be on -site or off -site in the project area.
THE PUBLIC HEARING WAS OPENED.
Michael Doyle, 19641 Quiet Bay Lane, the property owner, concurred.
Mr. Fauland asked Mr. Doyle if he has been in contact with the Redevelopment Agency in finding a
location for the unit. Mr. Doyle stated that he has not, but that he will be in contact with Mr. Biggs,
Director of Economic Development; as soon as possible.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
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Mr. Fauland, Staff and Mr. Doyle discussed the requirements for a fire sprinkler system as outlined in
condition 6.n. In particular Mr. Doyle expressed a desire to eliminate the condition in lieu of a two-
hour separation fire wall. Mr. Fauland instructed Staff to work with the Fire Department for
appropriate language in condition 6.n.
ZA Minutes 08/18/99 6 (99ZM0818)
CONDITIONAL USE PERMIT NO.99-12 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 15303 of the CEQA Guidelines, because the subject proposal for development of
a six (6)unit apartment complex is located within an urbanized area and will not be constructed in
conjunction with the building or conversion of two or more such structures.
FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-12:
Conditional Use Permit No. 99-12 for the establishment of the six (6) unit apartment complex
will not be detrimental to the general welfare of persons working or residing in the vicinity or
detrimental to the value of the property and improvements in the neighborhood. The location, site
layout, and design of the proposed six (6) unit apartment complex properly adapt the proposed
structure to streets and other adjacent structures and uses in a harmonious manner.
2. The proposed project will be compatible with surrounding uses because the proposed colors,
materials, and design will be similar to existing multi -family dwellings in the neighborhood. The
project's design includes density, height, setbacks, and building bulk compatible with the area.
3. The proposed six (6) unit apartment complex as conditioned 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. The proposed project, as conditioned, will meet all code provisions,
including setbacks, density, parking, landscaping, and open space.
4. The proposed project will not adversely affect the General Plan. It is consistent with the Land
Use Element designation of Residential Medium Density on the subject property. In addition, it
is consistent with the following goals and policies of the General Plan:
LU 9.1.3: Require that multi -family residential projects be designed to convey a high level
of quality and distinctive neighborhood character as discussed below:
e. Include and adequate landscape setback along the street frontage that is
integrated with abutting sidewalks and provides continuity throughout the
neighborhood.
LU 9.1 A: Require that recreational and open space amenities be incorporated in new multi-
family developments and that they be accessible to and of sufficient size to be
usable by the residents.
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LU 9.2: Provide for the preservation of existing residential.
LU 9.2.1: Require that all new residential development within existing residential
neighborhoods (i.e., infill) be compatible with existing structures, including the:
a. maintenance of the predominant or median existing front yard setbacks;
b. use of building heights, grade elevations, orientation, and bulk that are
compatible with the surrounding development;
c. use of complimentary building materials, colors, and forms, while allowing
flexibility for unique design solutions.
CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-12:
1. The site plan, floor plans and elevations received and dated June 18, 1999, shall be the
conceptually approved layout with the following modifications:
a. A 5-ft. wide clear plantable perimeter landscaping area shall be provided along the northerly
property line. (Code Requirement)
b. Three -hundred (300) sq. ft. of private open space shall be provided for each dwelling unit.
The private open space shall be contiguous to the unit and for the exclusive use of the
occupants. Private open space shall not be accessible to any dwelling unit except the unit it
serves and shall be physically separated from common areas by a wall or hedge exceeding
forty-two inches (42") in height. (Code Requirement)
c. The proposed site plan and building architecture shall be revised to comply with DRB
conditions of project approval.
d. 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)
e. All exterior mechanical equipment shall be screened from view on all sides. Rooftop
mechanical equipment shall be setback 15 feet from the exterior edges of the building.
Equipment to be screened includes, but is not limited to, heating, air conditioning,
refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be
architecturally compatible with the building in terms of materials and colors. If screening is
not designed specifically into the building, a rooftop mechanical equipment plan showing
screening must be submitted for review and approval with the application for building
permit(s). (Code Requirement)
f. 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.
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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. An Affordable Housing Agreement Plan shall be submitted for review and approval by
the Planning Department. The plan shall provide one (1) on -site or off -site unit to be
affordable to families of low income level up to 80% of Orange County median for a
period of thirty years. Said plan shall be executed prior to issuance of building permit for
the six (6) unit apartment complex., The affordable units shall be under construction, or
available to the public, prior to final inspection of the project.
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 grading permits, the following shall be completed:
a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department
of Public Works for review and approval. ( This plan, in addition to grading, shall include any
required off -site improvements) (PW)
b. 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 prior to issuance of building permits. (PW)
c. 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, liquefaction, chemical and fill properties, retaining walls,
streets and utilities. (PW)
d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer (PW)
e. Fencing plans shall be submitted to and approved by the Planning. Double fences shall be
prohibited. Prior to the construction of any new fences, a plan must be submitted identifying
the removal of any existing fences next to the new fences, and shall include approval by
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In
property owners of adjacent properties. The plans shall include section drawings, a site plan
and elevations
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 Planning Department.
b. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Planning. 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 tree or palm equivalent
(13'-14' trunk height for queen palms and 8'-9' of brown trunk) and shall be incorporated into
the project's landscape plan. (PW) (Code Requirement)
c. An interim parking and/or building materials storage plan shall be submitted to the Planning
Department to assure adequate parking and restroom facilities are available 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.
d. A Fire Protection Plan shall be submitted for Fire Department approval in compliance with
City Specification 426. (FD)
e. 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.
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6. Prior to final building permit inspection or issuance of Certificate of Occupancy the following
shall be completed:
a. The existing water meter shall be replaced with a touch -read meter, the existing water
service serving the site may potentially be utilized for irrigation purposes, if it is of adequate
size, conforming to current standards, and in working condition as determined by the Water
Division. If this service can not be utilized, it shall be abandoned per City standards. (PW)
b. The irrigation service may be combined with the domestic service if the existing water
service serving the site cannot be utilized for irrigation purposes. The domestic/irrigation
water meter and service shall be sized to meet the minimum requirements set by.the Uniform
Plumbing Code (UPC) and Uniform Fire Code (UFC). All water meters shall be a touch
read type. (PW)
c. The proposed building shall have a separate fire service for fire sprinklers. (PW)
d. The Developer shall remove the existing driveway and construct, curb gutter and sidewalk.
(PW)
e. The proposed driveway shall be radius type per City Standard Plan No. 211. (PW)
f. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting shall
be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan
and elevations. (PW)
g. The Developer shall install a new sewer lateral per City standards. (PW)
h. The project shall comply with all provisions of the HBFC and City Specification 422, Well
Abandonment. (FD)
i. A fire alarm system shall be installed and shall provide the following: manual pull stations;
water flow, valve tamper, and trouble detection; 24 hour supervision; smoke detectors;
annunciation; audible alarms. (FD)
j. 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)
k. Fire lanes shall be designated and posted to comply with City Specification 415. (FD)
1. Fire Access roads shall be provided in compliance with City Specification 401. (The
Circulation Plan shall include dimensions of all access roads). (FD)
in. One (1) on -site fire hydrant shall be provided at a location specified by the Fire Department.
The fire hydrant shall be installed before combustible construction begins. Prior to
installation, shop drawing shall be submitted to the Public Works Department and approved
by the Fire Department. (FD)
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n. Automatic fire sprinkler systems shall be installed throughout pursuant to Fire Department
regulations. Shop drawings shall be submitted and approved by the Fire Department prior to
system installation. The Fire Chief or his designee may revise or delete this condition, upon
request and submittal of revised plans/information to the Fire Department by the applicant.
(FD)
o. 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)
p. 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.
q. Trash pickup shall be provided by Rainbow Disposal. Trash shall be picked up on a tenant by
tenant basis.
r. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural
and Landscape Standards and specifications.
s. Compliance with all conditions of approval specified herein shall be accomplished and
verified by the Planning Department.
7. 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. 99-12 shall not become effective until the ten-day appeal period has
elapsed.
2. Conditional Use Permit No. 99-12 shall become null and void unless exercised within one year
of the date of final approval or such extension of time as may be granted by the Director
pursuant to a written request submitted to the Planning Department a minimum 30 days prior to
the expiration date.
3. The Zoning Administrator reserves the right to revoke Conditional Use Permit No. 99-12,
pursuant to a public hearing for revocation, if any violation of these conditions or the
Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs.
4. Traffic Impact Fees shall be paid prior to issuance of a Certificate of Occupancy or Final
Inspection. (PW)
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5. An encroachment permit shall be required for all work within the right-of-way. (PW)
6. All tree -planting requirements shall meet applicable code(s). (PW)
7. 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.
8. A Certificate of Occupancy must be issued by the Building and Safety Department prior to
occupying the building.
9. Park and Recreation fees shall be paid prior to issuance of building permits.
10. State -mandated school impact fees shall be paid prior to issuance of building permits.
11. The development shall comply with all applicable provisions of the Municipal Code, Building
and Safety Department, and Fire Department as well as applicable local, State and Federal Fire
Codes, Ordinances, and standards, except as noted herein.
12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be
prohibited Sundays and Federal holidays.
13. 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.99-22/COASTAL DEVELOPMENT PERMIT_
NO.99-8 (GALLAGHER'S OUTDOOR DINING)
APPLICANT: Gallagher's Pub & Grill, 300 Pacific Coast Highway, #113, Huntington
Beach, CA 92648
PROPERTY OWNER: Kyra, LLC, 200 N. Central Avenue., #2450, Phoenix, AZ 85012
REQUEST: To establish an outdoor dining area with alcohol service, to be enclosed
by a six foot high glass wall in lieu of 42 inches.
LOCATION: 300 Pacific Coast Highway, #113 (east of the intersection of Main and
Walnut)
PROJECT PLANNER: Peter Vanek
Peter Vanek, Staff Planner displayed site plans stating that the request is to allow outdoor dining. Mr.
Vanek noted the request was reviewed by the Design Review Board (DRB) with the color elevation
and materials palette as presented. Staff stated that the proposal includes a six-foot high glass
enclosure with a clear anodized aluminum frame to separate the glass panels, and a forest green
retractable awning covering the outdoor dining area.
ZA Minutes 08/18/99 13 (99ZM0818)
Staff stated that they recommended to the DRB that the enclosure be brought down to a height of 36
inches in concert with the recently approved outdoor dining ordinance areas on public property. Staff
stated that the DRB took action to approve the application as submitted by the applicant.
Staff stated that their recommendation is consistent with what was previously recommended to the
DRB in reducing the height to 36 inches.
Staff recommended approval as amended.
Herb Fauland, Zoning Administrator, confirmed with Staff that the request is entirely on private
property. Mr. Fauland and Staff reviewed the plans and discussed the location of the public and
private property lines.
Mr. Fauland asked Staff if there were any comments from the Park, Tree and Landscape Division
regarding the location of the proposed wall surrounding an existing palm tree. Staff stated that he had
received no comments. Mr. Fauland emphasized that the wall should not be located up adjacent to the
tree.
Mr. Fauland and Staff reviewed the site plan and discussed the location of the proposed retractable
awning. Mr. Fauland expressed concern over the awning because, once approved, the awning is
never re-tracted and the area becomes permanently enclosed. Staff advised that this issue was
discussed in detail by the DRB.
Mr. Fauland questioned Staff regarding the code required based on the parking total square footage of
the outdoor dining area. Staff advised that the square footage is approximately 250 and therefore
requires no additional parking.
Mr. Fauland and the applicant discussed the proposed existing fire door. Mr. Fauland asked Staff if
there were any conditions restricting patrons entering through the fire door. Staff stated that they
would include a condition restricting the use of the door for emergency exiting only.
Mr. Fauland asked why the anodized aluminum is not the same color as the anodized aluminum used
by the existing restaurant (green). The applicant indicated that this was a requirement by the
landlord. Mr. Fauland asked Staff if the DRB discussed this issue. Staff indicated that the DRB
concluded that the anodized aluminum would be less obtrusive and would be acceptable.
Mr. Fauland asked Staff if there were any conditions that prohibit the placement of signs on the clear
glass enclosure, live entertainment and amplified music. Staff pointed out that these issues are
covered in condition 2.j. and 2.i, respectively.
Mr. Fauland stated he would continue this item to allow Staff time to resolve the concerns as noted
above. He instructed Staff to produce revised plans to show that there is an awning, and that the
awning is going to be retractable. Mr. Fauland suggested that Staff draft a condition that prohibits the
use of the fire door for anything other than emergency access.
ZA Minutes 08/18/99 14 (99ZM0818)
Mr. Fauland requested staff to work with the applicant in revising the plans to clearly identify where
the private and public property lines start.
THE PUBLIC HEARING WAS OPENED.
John Gallagher, 300 Pacific Coast Highway, applicant, stated that his contractor and the Park, Tree
and Landscape Division have discussed the issue of the palm tree and the wall. He stated that their
recommendation was to place a piece of metal in front of the tree. He also stated that the awning
would only be used during rain.
THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE
REQUEST AND THE PUBLIC HEARING WAS CLOSED.
Mr. Fauland repeated his reason for the continuance, and instructed staff to draft conditions as
discussed above.
CONDITIONAL USE PERMIT NO.99-22/COASTAL DEVELOPMENT PERMIT NO.99-8
WERE CONTINUED TO THE AUGUST 25, 1999 MEETING.
NON PUBLIC HEARING ITEM
ITEM 5: LOT LINE ADJUSTMENT NO.99-3 IST. VINCENT DE PAUL)
APPLICANT: Joseph G. Truxaw, 721 N. Euclid Street, Suite 311, Anaheim, CA
92801
PROPERTY OWNER: Roman Catholic Bishop of Orange, 2811 Villa Real Drive, Orange, CA
92867
REQUEST: Adjust common lot lines between two contiguous parcels.
LOCATION: 8345 Talbert Avenue (north side of Talbert Avenue east of Beach
Boulevard)
PROJECT PLANNER: Amy Wolfe
Amy Wolfe, Staff Planner, displayed site plans stating that the request is a minor lot line adjustment
involving two parcels. Staff stated that one parcel currently accommodates the St. Vincent De Paul
facility on the north side of Talbert and east of Beach Boulevard. She stated that the second parcel is
included as part of the adjacent Good Shepherd Cemetery.
Staff stated that the request is to include approximately one acre of the cemetery parcel within the
church facility parcel in order to accommodate additional parking for the eventual implementation of
the Master Plan for St. Vincent De Paul.
Staff stated that the adjustment will not create any additional parcels, and will not sever any existing;
structures in either one of the two sites involved at this point. She stated that the adjustment will not
have any affect in terms of allowing additional residential units, and that the request will be in
compliance with the development standards as well as with the General Plan.
ZA Minutes 08/18/99 15 (99ZM0818)
Staff recommended approval with some minor modifications, which have been included as conditions
of approval for the lot line adjustment.
Mr. Fauland, Zoning Administrator, stated that he is aware of the request before the Planning
Commission to revise the initial Master Plan CUP. Mr. Fauland asked Staff if this request would be
in compliance with that Master Plan, and staff confirmed that it would be.
Joe Truxaw, 721 N. Euclid Street, Suite 311, applicant, stated that he had no comments regarding the
conditions.
Mr. Fauland asked Mr. Truxaw if he had reviewed the conditions and will abide by the conditions.
Mr. Truxaw confirmed.
LOT LINE ADJUSTMENT 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 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 15305, Class 5 of the CEQA Guidelines. The proposal is a minor lot line
adjustment that will not result in the creation of additional parcels.
FINDINGS FOR APPROVAL - LOT LINE ADJUSTMENT NO.99-3:
1. The granting of Lot Line Adjustment No. 99-3 for the adjustment of a lot line between two
adjacent parcels will not create any additional parcels or building sites.
2. The resulting parcels from the lot line adjustment will conform to Titles 20-24 of the Huntington
Beach Zoning and Subdivision Ordinance and the standards of the underlying Public Semi -Public
(PS) and Qualified Residential Agriculture (Q-RA) zoning districts. The resulting parcel at 8345
Talbert Ave will be comprised of two zoning designations (PS and Q-RA) the cumulative area
thereof will meet the intent of improving the site with a religious assembly facility and
requirements for minimum area, width, and lot frontage.
3. The lot line adjustment will not sever any structure on either of the two parcels. Proposed
structures will be built within the proposed lot lines.
4. The lot line adjustment will not allow a greater floor area ratio than allowed prior to the
adjustment. The subject parcels are zoned for Public Semi -Public uses.
5. A plat map showing the lot line adjustment has been prepared and will be filed in accord with the
provisions of Section 253.24.
ZA Minutes 08/18/99 16 (99ZM0818)
CONDITIONS OF APPROVAL - LOT LINE ADJUSTMENT NO.99-3:
1. The lot line adjustment received and dated April 13, 1999 shall be the conceptually approved
layout with the following modifications: (PW)
a) The Exhibits shall include the listing of "LL 99-03."
b) The Legal description for Parcel 1 and Parcel 2 shall be revised in accordance with "Exhibit
A".
2. Submit a revised lot line adjustment application to the Public Works Department for final
approval.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Lot Line Adjustment No. 99-3 shall not become effective until the ten-day appeal period has
elapsed.
2. Lot Line Adjustment 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 Lot Line Adjustment No. 99-3, pursuant
to a public hearing for revocation, if any violation of these conditions or the Huntington Beach
Ordinance Code or Municipal Code occurs.
4. 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.
5. 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 2:10 PM BY THE ZONING ADMINISTRATOR TO
THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR
ON WEDNESDAY, AUGUST 25,1999 AT 1:30 PM.
73
Herb Fauland
Zoning Administrator
:rmk
ZA Minutes 08/18/99 17 (99ZM0818)