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HomeMy WebLinkAbout1999-10-06MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, OCTOBER 6, 1999 -1:30 P.M. ZONING ADMINISTRATOR: Herb Fauland STAFF MEMBER: Joe Thompson, Scott Hess, Wayne Carvalho, Mary Beth Broeren, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: August 18 and 25, 1999, and September 15 and 22, 1999, Minutes were approved ORAL COMMUNICATION: None Item 5 was moved to the end of the agenda. Please note the Minutes will reflect actions taken in their original order. ITEM 1: CONDITIONAL USE PERMIT NO.99-16NARIANCE NO.99-16 (SHERWIN WILLIAMS PAINT/WINSTON TIRE) (CONTINUED FROM THE SEPTEMBER 1, 1999 MEETING) APPLICANT: Julio Jenner, Studio 3 Architects, 20101 S.W. Birch St., #240, Newport Beach, CA 92660 PROPERTY OWNER: Don Jones, P.O. Box 4018, Balboa, CA 92661 REQUEST: To construct a 4,000 square foot Sherwin Williams paint store and expand the adjacent Winston Tire store by 1,700 square feet. The Variance is requested to allow a 9-foot wide landscape planter in lieu of 10 feet wide, and allow 40 parking spaces in lieu of 42 parking spaces (a reduction of 2 spaces). LOCATION: 17151 and 17171 Beach Boulevard (west side of Beach, south of Cypress) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, stated that the applicant has requested a continuance to the October 13, 1999, meeting due to his inability to attend today's meeting. CONDITIONAL USE PERMIT NO.99-16NARIANCE NO.99-16 WAS CONTINUED TO THE OCTOBER 13,1999 MEETING. ITEM 2• CONDITIONAL USE PERMIT NO.99-29 (DEL TACO) APPLICANT: Ronald Shultz, 25322 Mosswood, Lake Forest, CA 92630 PROPERTY OWNER: Seacliff Village, LLC, 655 Brea Canyon Road, Walnut, CA 91789 REQUEST: To construct a 2,164 square foot Del Taco restaurant with drive -through and outdoor dining on Pad C of the Seacliff Shopping Center. LOCATION: 7175 Yorktown (north side of Yorktown between Main and Goldenwest) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the request will be constructed on Pad C of the Seacliff Shopping Center. Staff stated that Pad C is part of the Master Plan for the shopping center, which was previously approved; however, the permit for the shopping center requires that all satellite buildings process a Conditional Use Permit before the Zoning Administrator. Staff stated that the site's zoning designation is SP-9, Mixed Development. The building's design including colors and materials were presented to the Design Review Board, which recommended approval of the proposal with a few modifications. Staff stated that the project is in conformance with the Holly-Seacliff Specific Plan, is consistent with the Design Guidelines for the center, and the General Plan's land use designation of Mixed Use Horizontal. Staff presented revisions to Conditions Lc, l .f, Li, 6.f, and recommended deletion of Conditions 2.d and 6.a. Staff stated that no verbal or written comments have been received regarding this project in response to the public hearing notice. Staff recommended approval of the project with the recommended conditions imposed. Herb Fauland, Zoning Administrator, confirmed with Staff the changes as recommended by the Design Review Board. THE PUBLIC HEARING WAS OPENED. Ron Schultz, 25322 Mosswood Way, Lake Forest, the applicant, concurred. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland stated that he was going to approve the request with the suggested findings as outlined in the staff report, and with the suggested modifications as presented by staff. CONDITIONAL USE PERMIT NO.99-29 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ZA Minutes 10/06/99 2 (99ZM1006) 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 development was analyzed and approved under the Holly Seacliff Specific Plan EIR 89-1. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99- 29: 1. Conditional Use Permit No. 99-29 for the establishment, maintenance and operation of the 2,164 square foot Del Taco Restaurant with drive -through service and outdoor dining 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 C 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. The outdoor dining will not impede pedestrian access to the site and remaining shopping center. Additionally, the drive -through includes adequate circulation and vehicular stacking. 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 would be located. The project has adequate percentage of landscaping and meets or exceeds all other minimum development standards such as setbacks, building height, and parking. 4. The granting of the conditional use permit will not adversely affect the General Plan. It is consistent with the Holly Seacliff Specific Plan and 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: a. ED 2.4 Revitalize, renovate and expand the existing Huntington Beach commercial facilities while attracting new commercial uses. b. LU 10.1.4 — Require that commercial buildings and sites be designed to achieve a high level of architectural and site layout quality. ZA Minutes 10/06/99 3 (99ZM1006) CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-29: 1. The site plan, floor plans and elevations received and dated September 17, 1999 shall be the conceptually approved layout with the following modifications: a. Elevations shall depict colors and building materials as approved by the Design Review Board. b. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) c. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights - of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) d. 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) e. 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. f. Exterior lighting fixtures shall be similar to those previously approved for the shopping center and shall include energy saving lamps. Staff shall review and approve of the new lighting fixtures prior to submittal for building permits. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations. (DRB) g. All windows shall be recessed a minimum of four (4) inches form the wainscoting and two (2) inches from all other exterior surfaces. (DRB) h. The decorative waves located near the roofline shall be neon. (DRB) i. The tower element on the south elevation shall be widened to 13 feet six inches in order to match the width of the tower element on the 'north elevation. (DRB) j. The decorative tile elements on the north and south elevations shall be removed. (DRB) ZA Minutes 10/06/99 4 (99ZM1006) k. The mechanical and janitor's closets located on the west elevation shall be screened with planting materials approved by the City of Huntington Beach Landscape Architect. (DRB) 1. Except for the drive -through window, the landscaping planter shall be continuous. (DRB) m. The trellis element shall comply with the minimum 25-foot setback. 2. Prior to submittal for building permits, the following shall be completed: a. 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). b. All Fire Department requirements shall be noted on the building plans. (FD). c. Floor plans shall depict natural gas and 220V electrical; 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. (PW) b. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations, retaining walls, streets, utilities, and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) c. 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) 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. 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; ZA Minutes 10/06/99 5 (99ZM1006) 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. The Del Taco perimeter shall be adequately lit using a lighting system separate from that of the overall shopping center. The lighting shall be capable of being dimmed during hours of non -operation in case the facility's hours of operation are reduced in the future. (PW) b. Site water quality BMP's including covering trash enclosures shall be incorporated. (PW) c. A new, separate domestic water meter and service shall be installed per Water Division Standards, and sized to meet the minimum requirements set by the Uniform Plumbing Code (UPC). Minimum service lateral size shall be two (2) inches. Meter shall be a touch read type. (PW) d. Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, irrigation and fire water services. (PW) e. The building shall have a separate fire service with appropriate backflow protection device. (PW) f. All proposed new water connections shall be served from the public Zone 2 water system. (PW) g. All public water facilities and appurtenances shall be located within the public right-of-way or within easements approved by and dedicated to the City of Huntington Beach. (PW) h. Install new sewer lateral. (PW) j. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: 1) Landscaping; 2) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 3) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. The system will provide the following: a) manual pulls; ZA Minutes 10/06/99 6 (99ZM1006) r b) water flow, valve tamper and trouble detection; c) smoke detectors d) audible alarms; and e) 24 hour supervision. (FD) 4) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 5) 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) 6) 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. (FD) 7) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 8) 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. (FD) 9) An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. Shop drawings shall be submitted and approved by the Fire Department prior to installation. (FD) 10) For Fire Department approval, submit a Fire Protection Plan in compliance with City Specification 426. (FD) 11) The project shall comply with all provisions of the HBFC and City Specification 422; Well Abandonment. (FD) 12) The project shall comply with all provisions of the HBMC Section 17.04.085 and City Specification 429; Methane District Building Permit Requirements. (PW) k. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. 1. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. The 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 ZA Minutes 10/06/99 7 (99ZM1006) 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. 99-29 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-29 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. 99-29, 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 7. 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. 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 Planned Sign Program No. 98-5, which was approved for the Seacliff Village Shopping Center. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 10. 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 Planning. 11. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ZA Minutes 10/06/99 8 (99ZM1006) ITEM 3: SIGN CODE EXCEPTION NO.99-4 (LUCKY'S/KINKO'S SIGN) APPLICANT: Carey Sign Company, 1274 N. Grove St., Anaheim, CA 92806 PROPERTY OWNER: Regency Centers L.P., 14200 Culver St., Suite 5, Irvine, CA 92604 REQUEST: To remove the existing Lucky's monument sign and replace with a 9 foot-6 inch high, 46.5 square foot two (2) panel monument sign in lieu of 7 feet high, 30 square foot monument sign. LOCATION: 19688 Beach Boulevard (east side of Beach between Adams and Yorktown in the Newland Center) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the applicant has stated that the larger sign is necessary in order to provide street signage for an additional anchor tenant. Staff stated that the zoning designation is Commercial General, and the site is surrounded by other commercial and retail uses. The sign conforms to all of the Zoning Code provisions, with the exception requested, is consistent with the General Plan and the Newland Center's existing plan. The Design Review Board recommended approval based on the design, colors and materials. Staff stated that no verbal or written comments have been received from the surrounding community. Staff recommended approval with the conditions imposed. Herb Fauland, Zoning Administrator, stated that he did visit the site, and reviewed the design and style of the signs in that area THE PUBLIC HEARING WAS OPENED. Lauri Burke, 3320 E. Chapman, Orange, the applicant, stated that she agreed with the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. SIGN CODE EXCEPTION NO. 99-4 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL — SIGN CODE EXCEPTION NO.99-4: 1. Sign Code Exception No. 99-4 to permit replacement of an existing monument sign with a nine (9)-foot (6)-six inch high, 46.5 square foot two (2) panel sign in lieu of the maximum seven (7) foot high, 30 square foot monument sign will be compatible with the character of the surrounding area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The increased monument sign height and area is necessary for visibility of an additional anchor tenant to be located within Newland Center. ZA Minutes 10/06/99 9 (99ZM1006) 2. The proposed signage will not adversely affect other signs in the area. The sign will not block the visibility of other signs in the surrounding area, and is compatible with existing signs within the general vicinity. The proposed monument sign will maintain a cohesive look to other freestanding signs on site, the nearest being over 500 feet away. 3. The proposed signage will not be detrimental to properties located in the vicinity. The freestanding monument sign will identify anchor tenants only. Minor tenants are displayed on the primary multi -panel monument sign located near the main entrance to the shopping center. No other signs for adjacent businesses will be impacted. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The monument sign is constructed with internal illumination and does not contain distracting items of information or special treatments, such as flashing or pulsing lights. CONDITIONS OF APPROVAL SIGN CODE EXCEPTION NO.99-4: 1. The site plan and sign elevations received and dated July 27, 1999 shall be the approved layout. 2. Prior to submittal for building permits, the zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical and mechanical). 3. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be sized a minimum of six (6) inches with a brush stroke of one and one-half (1-1/2) inches. (FD) 4. 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 and sign elevations 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. Sign Code Exception No. 99-4 shall not become effective until the ten-day appeal period has elapsed. 2. Sign Code Exception No. 99-4 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. L_J ZA Minutes 10/06/99 10 (99ZM1006) 3. The Zoning Administrator reserves the right to revoke Sign Code Exception No. 99-4, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. 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. All signs shall conform to the HBZSO except for deviations granted under Sign Code Exception No. 99-4. Prior to installing any new signs, or changing sign faces, a building permit shall be obtained from the Planning Department. 6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 4: SIGN CODE EXCEPTION NO.99-5 (SEASIDE TROPICAL FISH & PETS) APPLICANT: Gye Hoon Kim, 21162 Beach Blvd., Huntington Beach, CA 92646 PROPERTY OWNER: Breaker Center, 16373 Bolsa Chica, Huntington Beach, CA 92649 REQUEST: To allow an approximately 312 square foot decorative wall mural to cover 100% of five (5) window panels in lieu of the maximum 20% coverage per panel. LOCATION: 21162 Beach Boulevard (east side of Beach south of Atlanta) PROJECT PLANNER: Joe Thompson Joe Thompson, Staff Planner, displayed site plans stating that the sign code exception is the result of a Code Enforcement violation. Staff stated that the Police Department is in support of the project with the recommendation that the existing outside graphics be removed to allow outside visibility into the store. Staff concurs with the recommendation and has conditioned the project accordingly. Staff stated that with the exception of the window area, the project is in conformance with the Zoning Ordinance and is consistent with the General Plan. The Design Review Board recommended approval of the design, colors and materials on the window mural. Staff stated that the applicant has provided a petition signed by 78 adjacent businesses and homeowners who support the project. Staff stated that no other verbal or written comments have been received from the surrounding community. Staff recommended approval of the project with the conditions imposed. Herb Fauland, Zoning Administrator, discussed with staff how this proposal either complies with or differs from the Citywide Design Guidelines currently being drafted. Staff explained how the ZA Minutes 10/06/99 11 (99ZM1006) General Commercial section of the Design Guidelines defines and interprets wall murals as public art. Staff stated that the proposed mural adds character to the shopping center and reinforces the coastal aspects of the City. Mr. Fauland stated that he did visit the site, he agrees with staffs recommendation, and he concurs with the Police Department's recommendation as set forth in Condition La. THE PUBLIC HEARING WAS OPENED. Gye Hoon Kim, 21162 Beach Boulevard, the applicant, stated that he concurs with the Police Department's recommendation. Mr. Kim stated that he has reviewed and agrees with the conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. SIGN CODE EXCEPTION NO.99-5 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR 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 15311, Class 11, of the CEQA Guidelines, because the project involves a minor alteration to an existing commercial building. FINDINGS FOR APPROVAL - SIGN CODE EXCEPTION NO.99- 5: 1. Sign Code Exception No. 99-5 to allow an approximately 312 square foot decorative window mural to cover 100% of five (5) window panels in lieu of the maximum coverage of 20% per window panel is compatible with the character of the area and is needed for special circumstances defined by the applicant and approved by the Zoning Administrator. The decorative panels block sunlight into the retail store. The store's primary business is selling tropical fish, which would be harmed if exposed to sunlight. 2. The proposed signage will not adversely affect other signs in the area. The decorative window panels identify the use of the business within the shopping center and are located on the interior of the building. The panels will not block the visibility of other signs in the surrounding area. 3. The proposed signage will not be detrimental to properties located in the vicinity. The decorative panels provide aesthetic value to the existing shopping center. Adjacent businesses and residents have signed a petition supporting the proposal. 1 ZA Minutes 10/06/99 12 / (99ZM1006) 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The decorative window panels are not internally illuminated and do not contain distracting items of information or special treatments, such as flashing or pulsing lights. CONDITIONS OF APPROVAL - SIGN CODE EXCEPTION NO.99- 5: 1. The site plan and sign elevations received and dated July 26, 1999 shall be the approved layout with the following modifications: a. The graphics painted on the outside of the windows located between the two existing entrance doors shall be removed. 2. 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 and sign elevations are proposed. No changes shall be made 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. Sign Code Exception No. 99-5 shall not become effective until the ten day appeal period has elapsed. 2. Sign Code Exception No. 99-5 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 Sign Code Exception No. 99-5, 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 Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 5. 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. - 6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Development within two (2) days of the Zoning Administrator's action. ZA Minutes 10/06/99 13 (99ZM1006) ITEM 5• ENTITLEMENT PLAN AMENDMENT NO.99-3 (HOUSEHOLD HAZARDOUS WASTE EXCHANGE) APPLICANT: Integrated Waste Management Department, 320 N. Flower Street, Suite 400, Santa Ana, CA 92703 PROPERTY OWNER: Rainbow Disposal Company, Inc., 17121 Nichols Street, Huntington Beach, CA 92647 REQUEST: To establish a household hazardous waste exchange program in conjunction with an existing hazardous waste collection facility. LOCATION: 17121 Nichols (west side, south of Warner) PROJECT PLANNER: Scott Hess Scott Hess, Staff Planner, displayed site plans stating that the zoning is General Industrial and the General Plan is Industrial. Mr. Hess displayed photographs of the facility. Mr. Hess stated that the project does conform with the General Plan and does conform with the existing zoning on the site. Surrounding uses will not be impacted, and parking circulation does comply with code. No verbal or written comments have been received regarding the application. Staff recommended approval and stated that a list of revised conditions has been submitted, and the findings regarding the specific use were also slightly modified. Staff stated that the Fire Department recommended minor conditions to be imposed on the project. THE PUBLIC HEARING WAS OPENED. Jeri Muth, 320 N. Flower Street, #400, Santa Ana, the applicant, stated that they concurred with the findings and conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Mr. Fauland, Zoning Administrator, stated that he was going to approve the item. ENTITLEMENT PLAN AMENDMENT 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 15301 of the CEQA Guidelines, because the application consists of a minor alteration to the operation of an existing facility. ZA Minutes 10/06/99 14 (99ZM1006) FINDINGS FOR APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.99-3: 1. Entitlement Plan Amendment No. 99-3 to add a Household Materials Exchange Program at the existing Household Hazardous Waste Collection Facility 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. This is a minor expansion to the existing use. It will allow the public to receive, rather than only dispose of, household and vehicle maintenance products containing chemicals. It will not impact adjacent uses. 2. The entitlement plan amendment for the exchange program will be compatible with surrounding uses. No significant impact is anticipated from the minor alteration to the operation of the facility. Additionally, the site is in an industrial zone and is surrounded by other industrial uses. 3. The proposed entitlement plan amendment 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 entitlement plan amendment will comply with the conditions of approval of the previous conditional use permit and the provisions of the Industrial General (IG) zoning designation. 4. The granting of the entitlement plan amendment will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Industrial on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: a. Achieve the development of industrial uses that provide job opportunities for existing and future residents, as well as the surrounding subregion. (LU 12) b. Accommodate the continuation of existing industrial uses that maintain the character and quality of the City. (LU 12.1) The proposed expansion of services provided by this facility enhances its ability to meet the needs of the surrounding area. CONDITIONS OF APPROVAL — ENTITLEMENT PLAN AMENDMENT NO.99-3: 1. The site plan and floor plans received and dated August 25, 1999 shall be the conceptually approved layout. 2. Prior to commencing the additional use, the following shall be completed: a. The Basic Emergency Plan for Hazardous Materials Exchange shall be updated. (FD) b. A plan shall be developed for injuries or spills occurring inside vehicles when handling hazardous materials. (FD) c. Directional signage shall be installed that is easily understood in English and Spanish. (FD) d. Emergency phone numbers shall be posted in a conspicuous location on the property. (FD) ZA Minutes 10/06/99 15 (99ZM1006) 3. All previous conditions of Conditional Use Permit No. 90-46/Conditional Exception No. 90- 49/Negative Declaration No. 90-43 shall remain in effect. 4. 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. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. INFORMATION ON SPECIFIC CODE REQUIREMENTS:_ 1. Entitlement Plan Amendment No. 99-3 shall not become effective until the ten day appeal period has elapsed. 2. Entitlement Plan Amendment 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 Entitlement Plan Amendment 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 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. ITEM 6• CONDITIONAL USE PERMIT NO 99-26 (TASTE OF FRANCE OUTDOOR DINING) APPLICANT: Ellen Kortizija, 7304 Center Avenue, Huntington Beach, CA 92647 PROPERTY OWNER: Rockville Plaza, c/o Barry Callan, 16161 Ventura Blvd., Ste, 223, Encino, CA 91436 REQUEST: To permit approximately 250 square feet of outdoor dining area in conjunction with the existing restaurant. LOCATION: 7304 Center Avenue (southeast corner at Gothard Street) PROJECT PLANNER: Wayne Carvalho Wayne Carvalho, Staff Planner, displayed site plans stating that the request is the result of a Code Enforcement notice of violation. ZA Minutes 10/06/99 16 (99ZM1006) LJI Staff expressed support of the request, stating that it will not impede pedestrian or disabled access, or vehicular traffic. The request is compatible with the adjacent commercial uses, and is consistent with the General Plan. Staff stated that no verbal or written comments were received as a result of the public notice. Staff recommended approval of the request based on the above findings. Herb Fauland, Zoning Administrator, recommended that staff modify Condition 3.b to include the hours of operation. THE PUBLIC HEARING WAS OPENED. Mr. Pascal, 7304 Center Avenue, Manager of Taste of France, stated that he has read and concurs with the conditions. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. CONDITIONAL USE PERMIT NO 99-26 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 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, Class 1 of the CEQA Guidelines, because the project involves the operation and a minor addition to an existing structure. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-26: Conditional Use Permit No. 99-26 for the establishment, maintenance and operation of approximately 250 square feet of outdoor dining area 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 outdoor dining area will not impede pedestrian or vehicular traffic, nor will entryways or exits to businesses be obstructed. Disabled access will be provided where required including a minimum eight (8) foot wide clear passage area free from obstructions. 2. The conditional use permit will be compatible with surrounding commercial uses. The outdoor dining area will be compatible with other retail, office and restaurant uses in the commercial center. Furthermore, the use does not require any additional parking as the total outdoor dining area conforms to the thresholds established by the City. ZA Minutes 10/06/99 17 (99ZM1006) 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 would be located. No exceptions to the commercial development standards are proposed as part of this request. 4. The granting of the conditional use permit will not adversely affect the General Plan. The outdoor dining will be entirely on private property and is consistent with the Land Use Element designation of General Commercial on the subject property. CONDITIONS OF APPROVAL — CONDITIONAL USE PERMIT NO.99-26: 1. The site plan and elevations received and dated May 17, 1999 and floor plan received and dated August 17, 1999 shall be the conceptually approved layout. 2. Prior to the commencement of the outdoor dining use, 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. Address numbers shall be installed to comply with City Specification No. 428. (FD) c. 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. (FD) 3. The use shall comply with the following: a. A minimum eight (8) foot clear passage area free of obstruction shall be maintained at all times for pedestrian access. b. Hours of operation for the outdoor dining area shall be consistent with those of the restaurant (6:00 a.m. to 10:00 p.m.) c. All features of the outdoor dining (e.g., tables, chairs) shall be maintained in a neat and clean manner. d. There shall be no sales to motorists or persons in vehicles. e. All outdoor dining features including but not limited to tables, chairs, and umbrellas shall be removed when not in use. 4. The Zoning Administrator shall be notified in writing if any changes to the outdoor dining features, including number of tables and total area, are proposed. No changes shall be made until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. ZA Minutes 10/06/99 18 1 (99ZM1006) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Conditional Use Permit No. 99-26 shall not become effective until the ten day appeal period has elapsed. 2. Conditional Use Permit No. 99-26 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. 99-26, 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 and Safety Department, 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 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. 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 7: TEMPORARY USE PERMIT NO. 99-7 (PENINSULA PARK MODEL HOME COMPLEX) APPLICANT/ PROPERTY OWNER: Bill Holman, PLC, 23 Corporate Plaza Dr., Suite 250, Newport Beach, CA 92660 REQUEST: To permit a model home complex and sales trailer. LOCATION: 19124 Redford Lane (at Ashton Drive) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans. Staff recommended approval of the project stating that the use is temporary, is consistent with the residential character of the area and adequate parking will be provided. Staff stated that the approval is subject to the conditions, and staff presented changes to the site plan, which are covered in Condition 1. ZA Minutes 10/06/99 19 (99ZM1006) Herb Fauland, Zoning Administrator, confirmed with staff the necessity for the numerous conditions imposed by the Fire Department. THE PUBLIC HEARING WAS OPENED. Bill Homan, 23 Corporate Plaza, Newport Beach, the applicant, stated that he reviewed and accepts the conditions of approval. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. TEMPORARY USE PERMIT NO.99-7 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 15304 of the CEQA Guidelines, because it involves a minor temporary use of land having negligible or no permanent effects on the environment. FINDINGS FOR APPROVAL - TEMPORARY USE PERMIT NO.99-7: Temporary Use Permit No. 99-7 for the establishment, maintenance and operation of the model home complex and sales trailer 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 proposal is only a temporary use and is consistent with the character of the development in the area. Adequate parking and directional signage will be provided for the use. 2. The temporary use permit will be compatible with surrounding uses because the area is approved for detached single family residential units. 3. The proposed use will comply with the provisions of the base district and other applicable provisions in the Holly-Seacliff Specific Plan, 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 request is allowed by approval of the entitlement and all code requirements will be met including adequate parking. 4. The granting of the temporary use permit will not adversely affect the General Plan. It is consistent with the Land Use Element designation of Residential Low Density on the subject property. ZA Minutes 10/06/99 20 (99ZM1006) CONDITIONS OF APPROVAL — TEMPORARY USE PERMIT NO.99-7: 1. The site plan received and dated August 4, 1999 shall be the conceptually approved layout with the following modifications: a. The two parallel parking spaces shall be 19 feet long each with an eight (8) foot maneuvering space in between. A minimum 26-foot wide drive aisle shall be provided for the 90 degree parking spaces. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) b. The trap fence shall be limited to a maximum height of 3.5 feet. (Code Requirement) c. The project identification sign with parking directional sign shall be located outside the 10- foot by 10-foot driveway corner visibility cut off. (Code Requirement) 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the second page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. All Fire Department requirements shall be noted on the building plans. (FD). 3. Prior to issuance of grading permits, a grading plan prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. Prior to issuance of building permits, the following shall be completed: a. 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. b. A $5,000 cash bond shall be posted with the City to guarantee compliance with the conditions of approval and code requirements. c. 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 the Holly-Seacliff Specific Plan, Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines. (PW) (Code Requirement) d. Interference between customer and construction traffic shall be minimized to the extent feasible to the satisfaction of the Public Works Department. (PW) ZA Minutes 10/06/99 21 (99ZM1006) e. All facilities, especially the sales trailer, shall be accessible as defined by the ADA. (PW)(Code Requirement) 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit inspection and approval and commencement of use, the following shall be completed: a. Signing and striping modifications to Summit Avenue at the project entrance shall be completed. (PW) b. Street lighting at the entrance, in front of the model homes, and in between, shall be functional or temporary lighting shall be used. The parking area shall also be satisfactorily lit. (PW) c. Conditions of CUP No. 98-51 apply to water facilities construction necessary to establish the model homes and sales trailer. (PW) d. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: l_ J 1) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 2) A fire alarm system will be installed in homes with sprinklers and provide the following: a) water flow, valve tamper and trouble detection; b) smoke detectors; c) audible alarms. (FD) 3) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 4) Address numbers will be installed to comply with City Specification No. 428. (FD) 5) 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. (FD) 6) Automatic fire sprinkler systems shall be installed throughout on all buildings over 5,000 square feet or those deemed a hazardous risk by the Fire Department. Shop drawings shal' be submitted and approved by the Fire Department prior to system installation. (FD) ZA Minutes 10/06/99 22 (99ZM 1006) 7) Fire access roads shall be provided in compliance with City Specification 401. Include the Circulation Plan and dimensions of all access roads. (FD) 8) A Fire Protection Plan in compliance with City Specification 426 shall be submitted for Fire Department approval. (FD) 9) The project will comply with all provisions of the Huntington Beach Fire Code and City Specification 422 (Well Abandonment). Well locations and model site locations must be submitted to the Fire Department for analysis of well mitigation system installations. (FD) 10) The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429, Methane District Building Permit Requirements. (FD) 11) Installation and/or removal of underground flammable or combustible liquid storage tanks shall comply with Orange County Environmental Health and HBFD requirements. (FD) 12) Security gates shall be designed to comply with City Specification 403. (FD) 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. 7. The sales office shall be discontinued within 30 days following close of escrow of the last unit. (Code Requirement) 8. The sales office shall not be converted or expanded into a general business office for the contractor or developer. (Code Requirement) 9. The temporary sales trailer shall be removed upon completion of the model homes. 10. Temporary signs and flags shall be permitted as part of the temporary use permit approval. The signs and flags shall be immediately removed upon the close of escrow of the last unit. 11. All conditions of approval of Tentative Tract Map No. 15675 and Conditional Use Permit No. 98- 51 shall remain in effect. 12. 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. Temporary Use Permit No. 99-7 shall not become effective until the ten day appeal period has elapsed. ZA Minutes 10/06/99 23 (99ZM1006) 2. Temporary Use Permit No. 99-7 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 Temporary Use Permit No. 99-7, pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 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. State -mandated school impact fees shall be paid prior to issuance of building permits. 7. The development shall comply with all applicable provisions of the Municipal Code, Building Department, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. 8. Construction shall -be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 8• NEGATIVE DECLARATION NO 99-12 (SLATER CHANNEL FLOOD HAZARD MITIGATION) APPLICANT/ PROPERTY OWNER: City of Huntington Beach, Public Works Department, Steve Krieger, 2000 Main Street, Huntington Beach, CA 92648 REQUEST: To construct improvements to the Slater Channel which are designed to reduce flood hazards in the area. The channel improvements include: 1) replacing the Springdale Street culvert; 2) lining the channel with concrete from Springdale Street to the Shipley Nature Center (approximately 4,800 linear feet); 3) lining the northern bank of the channel from the Shipley Nature Center to Goldenwest Street with riprap protection, the existing earthen bottom would be retained in this channel segment; and 4) removing and replacing portions of the fence and block wall along the channel. The existing channel alignment and location will remain unchanged. No right-of-way acquisition is required for the project. Construction is expected to be completed in six months, beginning in spring 2000. ZA Minutes 10/06/99 24 (99ZM1006) LOCATION: Existing channel section from Springdale to Goldenwest Streets PROJECT PLANNER: Mary Beth Broeren Mary Beth Broeren, Staff Planner, displayed site plans stating that the item was requested by the Department of Public Works Staff stated that a community meeting was held on August 31, 1999 and property owners within 300 feet of the project, and approximately 387 property owners and interested agencies were notified about the community meeting, the initial study and the comment period for the initial study. Five people attended the meeting, all in support of the project, with one having concerns about how the block wall (along the back of their property) would be impacted. Staff stated that the following comments were received: CalTrans stated that they had no comments; the County of Orange had minor technical comments requiring no changes; and three comments from property owners who live adjacent to the channel expressed various concerns including one opposition to the project, one concern about loss of habitat, and a primary concern regarding stabilization of the bank near the Shipley Nature Center. Staff stated that as a result of the comments, some revisions were made to the negative declaration and to some of the mitigation measures as reflected in the staff report. Staff stated that no other verbal or written comments were received as a result of the public hearing notice; however, prior to the notice going out, staff did receive a call from a property owner who lives adjacent to the Edward's portion of the Slater Channel regarding the chain link fence and additional noise from Edwards Street. Staff stated that a comment letter was received from Mr. McCaffery expressing his concerns about the slope. No comments were received from the Department of Fish and Game, U.S. Fish and Wildlife Service. Herb Fauland, Zoning Administrator, stated that he did drive by the majority of the Slater Channel, and a discussion ensued with staff regarding the affects, if any, of the improvements on the City's overall management program with FEMA, the reasons for a biological survey, the removal and replacement of the existing chain link fence, grading activities, and mitigation to reduce any impact on the residents. Mr. Fauland suggested that staff consider imposing a street sweeping requirement, and also an additional condition that the proposal comply with the AQMD rules and regulations. THE PUBLIC HEARING WAS OPENED. Matt Thomson, 6602 Jardines Drive, neighboring property owner, opposed the project stating that he had sent a letter to the City. Mr. Thomson basically reiterated the letter and presented reasons as to why he felt this project was not a worthwhile expenditure for the City. Mr. Thomson expressed a desire to have a schedule of the project, and stated that he felt a delay was in order for a more thorough study of the project. Mr. Thomson took exception to the biological report. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. ZA Minutes 10/06/99 25 (99ZM1006) Mr. Fauland and staff discussed the planting of the ivy, its aesthetic value, and the availability of a definitive schedule for the property owners. Steve Krieger, representing the Department of Public Works, stated that standard notice to the public is 48-72 hours prior to the start of a project. Mr. Krieger addressed Mr. Thomson's issues of City budget and explained how the budget split with FEMA works. Mr. Fauland stated that he felt staff has gone through the appropriate measures to comply with CEQA, has sent the item to the appropriate responsible agencies for review, and has received comments/no comments on the proposed improvements for the Slater Channel. Mr. Fauland stated that he has reviewed the letter from Patrick McCaffery received on October 5, 1999, and he has reviewed the response to comments. Mr. Fauland stated that he felt the project is important for the City, and stated that the project is in conformance with the required environmental regulations. Mr. Fauland stated that he was going to approve the request with the additional condition regarding the AQMD compliance and the addition of street sweeping. NEGATIVE DECLARATION NO.99-12 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED MITIGATION MEASURES. HE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) CALENDAR DAYS. FINDINGS FOR APPROVAL FOR NEGATIVE DECLARATION NO.99-12 1. The Negative Declaration No. 99-12 has been prepared in compliance with Article 6 of the California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a public comment period of thirty (30) days. Five comment letters were received during the comment period. Comments received during the comment period were considered by the Zoning Administrator prior to action on the Negative Declaration. 2. Mitigation measures avoid or reduce the project's effects to a point where clearly no significant effect on the environment will occur. Mitigation measures address traffic control, dust emissions, the habitat at the Shipley Nature Center and water quality. Mitigation measures were generally designed to minimize impacts to homes in the vicinity, motorists and the Shipley Nature Center. 3. There is no substantial evidence in light of the whole record before the Zoning Administrator that the project, as mitigated, will have a significant effect on the environment. The purpose of the project is to reduce flood hazard for the area by improving the carrying capacity of the existing channel. Potential impacts resulting from construction of the project are temporary and intermittent and can be adequately mitigated. ZA Minutes 10/06/99 26 (99ZM1006) 1 n MITIGATION MEASURES FOR ENVIRONMENTAL ASSESSMENT NO. 99-12 1. Prior to construction, a Traffic Management Plan shall be approved by the City. The Plan will include provisions to redirect traffic around construction activities. The City of Huntington Beach Police and Fire Departments shall be notified of the construction activities and lane interruptions a minimum of 24 hours prior to initiation. 2. During grading and earthmoving activities, Best Management Practices (BMPs) will be used to control sediment discharged to the Slater Channel during construction. The City shall prepare and implement a Storm Water Pollution Prevention Plan and submit a Notice of Intent to the State Water Resources Control Board. 3. Project construction shall be allowed only during limited daylight hours (7 a.m. to 6 p.m.). 4. All construction equipment will be serviced and stored outside the Slater Channel. 5. Construction shall not occur near the Shipley Nature Center between April 1" and August 15"' 6. The following shall be conducted during construction to reduce dust emissions: 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. A street sweeper shall be used to clean the street(s) when trucks leave the site and the immediate area. c. Wet down areas in the late morning and after work is completed for the day; d. Use low sulfur fuel (.05%) by weight for construction equipment; e. Maintain equipment engines in proper tune; f. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); g. Discontinue construction during second stage smog alerts; and h. Designate a point of contact on the construction site who will direct watering for dust control as needed. Construction water shall be available throughout the construction phase of the project and used as necessary to control dust emissions. i. All grading and construction activities shall comply with applicable SCAQMD requirements. THE MEETING WAS ADJOURNED AT 2:28 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, OCTOBER 13, 1999 AT 1:30 PM. Herb Fauland Zoning Administrator :rmk ZA Minutes 10/06/99 27 (99ZM1006)