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HomeMy WebLinkAbout1999-12-01MINUTES HUNTINGTON BEACH OFFICE OF THE ZONING ADMINISTRATOR Room B-6 - Civic Center 2000 Main Street Huntington Beach California WEDNESDAY, DECEMBER 1, 1999 - 1:30 P.M. ZONING ADMINISTRATOR: Mary Beth Broeren STAFF MEMBER: Jane James, Sandra Thornton, Ricky Ramos, Ramona Kohlmann (recording secretary) MINUTES: None ORAL COMMUNICATION: None ITEM 1: CONDITIONAL USE PERMIT NO.99-41/SIGN CODE EXCEPTION NO.99-7 (MC DONALD'S) (CONTINUED FROM THE NOVEMBER 17, 1999 MEETING) APPLICANT: Hogle-Ireland, 5 Corporate Park, #160, Irvine, CA 92606 PROPERTY OWNER: Seacliff Village, LLC, 655 Brea Canyon Road, Walnut, CA 91789 REQUEST: To construct a 4,680 square foot McDonald's Restaurant, including a 1,352 square foot enclosed play area and drive, through. A sign code exception is requested to allow a total of approximately 141 square feet of wall signage in lieu of the maximum wall sign area of 106 square feet LOCATION: 19350 Goldenwest Street (Seacliff Village Shopping Center, northeast corner of Goldenwest Street and Yorktown Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans stating that the proposed site is located within the approved Seacliff Village Shopping Center on Pad G. Staff stated that the project was reviewed by the Design Review Board (DRB) and they recommended approval of the project with the addition of Condition Lf. Staff recommended approval of the project because it complies with the General Plan designation as well as the Zoning Ordinance, and the request meets all minimum development requirements including setbacks, building height, parking, and landscaping. Staff stated that the use is compatible with the character of the area. Staff recommended approval of the signage based upon the findings. Staff recommended Conditions l.g and 6.a in order to ensure further compatibility with the area. Mary Beth Broeren, Zoning Administrator, and staff discussed the DRB's recommendation and staff's recommendation for elimination of a "Playplace" sign. Ms. Broeren outlined a letter she received from Mr. Lieber, a resident on Garden Circle, expressing concerns related to noise, lights from the signage impacting his home and a suggestion that the hours be limited. THE PUBLIC HEARING WAS CONTINUED OPEN. Don Ikeler, 5 Corporate Park, Suite 160, Irvine, CA 92606, spoke on behalf of the applicant, and addressed the conditions regarding mechanical equipment, setback requirements, "Playplace" signage, and the speaker post. Debra Marinozzi, 11682 El Camino Real, San Diego, CA 92130, the applicant, added to Mr. Ikeler's issues. Anjanette Ward, 19422 Summer Breeze Lane, neighboring resident, opposed the speaker box, hours of operation, and signage. Jerri Hesprich, 6971 Garden Circle, neighboring resident, supported Ms. Ward's statements of opposition, in particular the overall level of noise, and a failure to receive the notice of public hearing from the City for today's action on this item. Sue Johnson 19671 Quiet Bay Lane, neighboring resident, opposed the item in particular noise and hours of operation. John Roe, 1932 Surfdale Lane, representing the Huntington Seacliff Homeowner's Association, presented concerns of the residents such as hours of operation, noise from the speaker, and signage. Mr. Roe requested that an additional notice be sent to the attendees at today's hearing when applications for the other pad locations along Goldenwest are presented before the Zoning Administrator. Debra Marinozzi responded to the concerns expressed above by the residents. A discussion ensued between Ms. Marinozzi and Ms. Hesprich as to why the drive -through could not be moved. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren addressed the issues presented above by the members of the public. Ms. Broeren and staff discussed the sign code exception requirements, the 5 foot grade differential, reviewed a plan of the monument sign, and discussed placement of the "Playplace" sign. Ms. Broeren stated that she was going to approve the request with changes to conditions Lg and 6. Ms. Broeren also imposed a condition for a six-month review after certificate of occupancy and after the business has been opened. Ms. Broeren stated that because of the six-month review and the change to the condition requiring a silent speaker system between the hours of 10:00 p.m. and 6:00 a.m., she would not be placing a restriction on the hours of operation. ZA Minutes — 12/01/99 2 (99ZM1201) 0 Ms. Broeren expressed her concurrence with the DRB's recommendation that one of the "Playplace" signs be removed as addressed in Condition 11 Ms. Broeren recommended that the "Playplace" sign on Goldenwest be removed and required this to be in the conditions. Ms. Broeren stated that she would add to Condition Lf the allowance to add "Playplace" on the monument sign as long as it complied with code. CONDITIONAL USE PERMIT NO.99-41/SIGN CODE EXCEPTION NO.99-7 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND MODIFIED CONDITIONS OF APPROVAL. SHE 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), because the development was analyzed and approved under the Holly Seacliff Specific Plan EIR 89- 1. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.99-41: 1. Conditional Use Permit No. 99-41 for the establishment, maintenance and operation of a 4,680 square foot McDonald's Restaurant, including a 1,112 square foot enclosed play area and drive - through on Pad G 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 G 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. Additionally, a non - audible drive -through ordering system is conditioned to reduce noise impacts to the residential neighborhood to the east across Goldenwest Street. The drive -through also 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. The building elevations, colors, and materials will be consistent with the design guidelines previously approved for the shopping center. 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 ZA Minutes — 12/01/99 3 (99ZM1201) 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. FINDINGS FOR APPROVAL — SIGN CODE EXCEPTION NO.99-7: 1. Sign Code Exception No. 99-7 to permit 141 square feet of wall signage in lieu of a maximum 106 square feet 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 colors and materials of the sign will be consistent with Planned Sign Program No. 98-5, which was previously approved for the Seacliff Village Shopping Center. The additional wall signage is for the "Playplace" portion of the McDonald's restaurant and is a trademark logo. The building pad is approximately five feet below the street grade; the additional 35 square feet of signage will assist in giving the building visibility that is more equivalent with other businesses. 2. The proposed signage will not adversely affect other signs in the area. The signs will not block the visibility of other signs in the surrounding area, and are compatible with the signs proposed for the Seacliff Village Shopping Center. 3. The proposed signage will not be detrimental to properties located in the vicinity. The wall sign proposed is proportional to the building and the colors and materials are consistent with the Planned Sign Program previously approved for the shopping center. The wall signs on the Goldenwest frontage, facing the residential area, is limited to one business identification sign. 4. The proposed signage will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. The wall 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 — CONDITIONAL USE PERMIT NO.99-41 AND SIGN CODE EXCEPTION NO.99-7: 1. The site plan, floor plans, elevations, and "Exterior Sign Program" received and dated October 21, 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) ZA Minutes — 12/01/99 4 (99ZM1201) 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. The proposed "Playplace" signage shall incorporate the McDonald's "M" logo as shown in the "Exterior Sign Program". The "Playplace" sign along Goldenwest Street shall be eliminated. The applicant is allowed to incorporate the "Playplace" sign on the project monument sign along Goldenwest Street subject to compliance with the approved Planned Sign Program for the commercial center. g. A non -audible drive -through speaker system shall be installed for the drive -through service. The system shall include a digital order confirmation board or other similar ordering device to reduce audible noise between the customer and ordering board. The non -audible system shall be reviewed and approved by staff prior to installation. If speakers are used as part of the system, said speakers shall be directed away from the adjacent residential neighborhood located across Goldenwest Street. Only the non -audible drive -through system shall be used from 10:00 p.m. to 6:00 a.m. daily. A regular drive -through speaker system is permitted to be used the rest of the time. 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). ZA Minutes — 12/01/99 5 (99ZM1201) 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 Departmen 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) d. In accordance with NPDES requirements, a "Water Quality Management Plan" shall be prepared by a Civil or Environmental Engineer. (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; 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. Outdoor lighting shall utilize energy -saving lamps. All outside lighting shall be directed to prevent "spill -over" onto adjacent properties and shall be shown on the site plan and elevations. 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) ZA Minutes — 12/01/99 6 (99ZM1201) b. 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) c. Separate backflow protection shall be installed per the City of Huntington Beach Water Division Standards for domestic, irrigation and fire water services. (PW) d. The building shall have a separate fire service with appropriate backflow protection device. (PW) e. 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) f. 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; 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 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 Your project requires one (1) hydrant. (FD) ZA Minutes — 12/01/99 7 (99ZM1201) 8) 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) 9) The project shall comply with all provisions of the HBFC and City Specification 422; Well Abandonment. (FD) 10) The project shall comply with all provisions of the HBMC Section 17.04.085 and City Specification 429; Methane District Building Permit Requirements. (PW) g. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. In addition, the applicant shall comply with all applicable conditions of approval for the overall shopping center. h. 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. i. The trash enclosure area shall be posted "No Parking". (PW) 7. A review of the use shall be conducted by staff with a report and public hearing before the Zoning Administrator within (6) months of the issuance of a Certificate of Occupancy to verify compliance with all conditions of approval and applicable Chapters of the Huntington Beach Zoning and Subdivision Ordinance. At that time the Zoning Administrator may consider modifications to the conditions of approval. 8. 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. 99-41 / Sign Code Exception No. 99-7 shall not become effective until the ten-day appeal period has elapsed. 2. Conditional Use Permit No. 99-41 / Sign Code Exception 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 Conditional Use Permit No. 99-41 / Sign Code Exception 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. ZA Minutes—12/01/99 8 (99ZM1201) J r 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, 11. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Zoning Administrator's action. ITEM 2: COASTAL DEVELOPMENT PERMIT NO.99-18 (ORANGE COUNTY SANITATION DISTRICT) (CONTINUED FROM THE NOVEMBER 17, 1999 MEETING) APPLICANT/ PROPERTY OWNER: Kathy Millea, Orange County Sanitation District, P.O. Box 8127, Fountain Valley, CA 92728-8127 REQUEST: To permit construction of a new waste water process (solids storage and truck loading) facility at the Orange County Sanitation District. The new facility will consist of a truck loading area and two storage towers, each tower with a diameter of 30 feet and a height of 48 feet. The new facility will replace the existing facility constructed in 1981. LOCATION: 22212 Brookhurst Street (east side of Brookhurst, north of Pacific Coast Highway) PROJECT PLANNER: Jane James ZA Minutes — 12/01/99 9 (99ZM1201) Jane James, Staff Planner, displayed site plans stating that the request was previously continued because the applicant had questions about the recommended conditions of approval. Staff stated that a staff presentation was not done at the previous hearing, but the public hearing was opened and some discussion took place with a member of the public. Staff indicated that the facility is required for public health and safety and is consistent with City requirements. Staff stated that the Orange County Sanitation District made a separate presentation to the surrounding residents, and a letter has been received from the Southeast Huntington Beach Neighborhood Association basically approving of the proposed facility. Staff stated they received comments from neighboring residents expressing noise concerns. Staff pointed out a typographical error in Finding 3 and presented the corrected version. Staff recommended approval of the project stating that the item conforms to the General Plan, serves the needs of the Orange County residents, and is a community necessity. THE PUBLIC HEARING WAS CONTINUED OPENED. THERE WERE NO PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren, Zoning Administrator, stated that she was going to approve the request. COASTAL DEVELOPMENT PERMIT NO.99-18 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING DAYS. FINDINGS FOR CEOA COMPLIANCE: The Zoning Administrator finds that the project has been covered by the 1989 Program Environmental Impact Report on Collection, Treatment, and Disposal Facilities Master Plan for the County Sanitation Districts of Orange County. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-18: 1. Coastal Development Permit No. 99-18 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. ZA Minutes—12/01/99 10 (99ZM1201) The proposed wastewater process (solids storage and truck loading) facility will be consistent with the following goals and policies of the Public General Plan land use designation on the property: Objective LU 13.1: Provide for the continuation of existing and development of new uses, such as governmental administrative, public safety, human service, cultural, educational, infrastructure, religious, and other uses that support the needs of existing and future residents and businesses. Goal U2: Provide a wastewater collection and treatment system which is able to support permitted land uses; upgrade existing deficient systems; and pursue funding sources to reduce costs of wastewater service provision in the City. Objective U 2.1: Ensure the City provides and maintains a wastewater collection and treatment facilities system which adequately conveys and treats wastewater generated by existing and planned development at a maximized cost efficiency. The proposed facility will replace the deteriorating existing solids storage and truck loading facility constructed in 1981. The upgraded new facility improves the District's ability to serve the wastewater needs of Orange County residents. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district of PS -Public -Semipublic, as well as other applicable provisions of the Municipal Code. The Orange County Sanitation District Plant No. 2 for the treatment of Orange County's wastewater is a conditionally permitted use in the Public -Semipublic zone. The new wastewater process (solids storage and truck loading) facility proposed under this coastal development permit complies with all zoning regulations and development standards. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. The proposed wastewater process (solids storage and truck loading) facility can be served by the existing infrastructure on -site at the Orange County Sanitation District Plant No. 2. In addition, the new facility improves infrastructure necessary to serve the wastewater needs of Orange County residents and replaces an existing outdated facility. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The proposed project is located along the west (Brookhurst Avenue) side of the sanitation district property and will not impact public access to the bike trail along the Santa Ana River bed on the east side of the property. In addition, although the plant is located across Pacific Coast Highway from the public beach, the proposed new facility will have no impact on access to the beach area. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-18: 1. The site plan, floor plans, and elevations received and dated August 3, 1999 and landscape exhibits dated November 8, 1999 shall be the conceptually approved layout. ZA Minutes— 12/01/99 11 (99ZM1201) 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, the following shall be completed: a. A grading plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PW) c. The name and phone number of a field supervisor hired by the developer who is on -site shall be submitted to the Departments of Planning and Public Works. In addition, clearly visible signs shall be posted on the perimeter of the site indicating who to contact for information regarding this development and any construction/ grading activity. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. He/she will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. In addition, clearly visible signs shall be posted on the perimeter of the site (every 200 feet) indicating who to contact for information regarding grading and construction activities, and to call "1-800-CUTSMOG" if there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. d. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of Condition No. 3.c as well as a schedule of a tentative grading schedule at least 30 days prior to such grading. e. The applicant shall abide by the provisions of AQMD's Rule 403 as related to fugitive dust control and provide a plan to the Planning and Public Works Departments indicating such compliance. 4. Prior to issuance of building permits, the following shall be completed: a. A Landscape Construction Set for the Carolina Cherry trees described in Condition of Approval No. 6. a., 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 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. (PW) (Code Requirement) ZA Minutes—12/01/99 12 (99ZM1201) b. An erosion control plan shall be submitted to the Department of Public Works. (PW) 5. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 6. Prior to final building permit inspection the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. Specifically, install a minimum of seven Carolina Cherry trees to screen the view of the towers from Brookhurst Street at Bushard. The trees shall be at least 12 feet tall with a minimum six-foot wide canopy when planted. b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Planning Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. The project shall comply with all mitigation measures identified in the 1989 Program Environmental Impact Report on Collection, Treatment, and Disposal Facilities Master Plan for the County Sanitation Districts of Orange County. 8. 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. Coastal Development Permit No. 99-18 shall not become effective until the ten day California Coastal Commission appeal period has elapsed. ZA Minutes — 12/01 /99 13 (99ZM 1201) 2. Coastal Development Permit No. 99-18 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Planning a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 99-18, 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. An encroachment permit shall be required for all work within the right-of-way. (PW) 5. A Certificate of Occupancy must be issued by the Department of Planning prior to occupying the building. 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, Department of Building, 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 landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Planning and Public Works for Code requirements. Substantial changes may require approval by the Zoning Administrator. ITEM 3: COASTAL DEVELOPMENT PERMIT NO.99-20 (FAUST RESIDENCE) APPLICANT: Frank Politeo & Associates, 1300 S. Beacon Street, Suite 225, San Pedro, CA 90731 PROPERTY OWNER: Mr. and Mrs. Jack Faust, 16222 Wayfarer Lane, Huntington Beach, CA 92648 REQUEST: To remodel an existing single family dwelling and construct a 395 square foot 2"d story addition and a 447 square foot I" story addition. LOCATION: 16222 Wayfarer Lane (on Wayfarer Lane west of Saybrook Lane) PROJECT PLANNER: Sandra Thornton Sandra Thornton, Staff Planner, displayed site plans stating that the project is located within the Residential Low Density Zoning district and the Residential Low Density General Plan designation. Staff stated that the project conforms to the General Plan and Zoning requirements, and staff recommended approval based on the findings outlined in the staff report. Staff stated she did not receive any letters or phone calls regarding this project. ZA Minutes — 12/01/99 14 (99ZM1201) Mary Beth Broeren, Zoning Administrator, and staff reviewed and discussed the photographs of the site. THE PUBLIC HEARING WAS OPENED. Frank Politeo, 1300 S. Beacon Street, San Pedro, CA, the applicant, requested clarification of Condition 2.a. and questioned the taxes imposed by the school district. Gerry Urner, representing the Huntington Harbour Property Owner's Association, concurred with the request. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren confirmed with staff that the project conforms to the site coverage requirements. COASTAL DEVELOPMENT PERMIT NO.99-20 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE STATED THAT THE ACTION TAKEN BY THE ZONING ADMINISTRATOR CAN BE APPEALED TO THE PLANNING COMMISSION WITHIN TEN (10) WORKING 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 of the CEQA Guidelines, because the addition will not increase the floor area by more than 50 percent or 2,500 square feet. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-20: 1. Coastal Development Permit No. 99-20 for the development project, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. The project is an addition to an existing single family residence, which conforms to the General Plan Land Use designation of Residential Low Density. The project will not impact public views or access to coastal resources. 2. The project is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code. The project meets all development regulations for the Low Density Residential zoning district, including building height, setbacks, and site coverage. 3. At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. All necessary infrastructure is provided for the project. ZA Minutes — 12/01/99 15 (99ZM1201) 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. No public access or recreational opportunities exist at the site. CONDITIONS OF APPROVAL - COASTAL DEVELOPMENT PERMIT NO.99-20: 1. The site plan, floor plans and elevations dated November 16, 1999 shall be the conceptually approved layout with the following modifications: a. 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) 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 final building permit inspection and approval, the following shall be completed: a. 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. b. Automatic sprinkler systems shall be installed throughout when the total building square footage exceeds 5,000. Shop drawings shall be submitted and approved by the Fire Department prior to system installation. (FD) c. A fire alarm system shall be installed and provide the following when automatic sprinklers are installed: (FD) 1. Water flow, valve tamper, and trouble detection 2. Smoke detectors 3. Annunciation 4. Audible alarms d.. Address numbers shall be installed to comply with City Specification 428. (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, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning Director has reviewed and approved the proposed changes for conformance with the intent of the Zoning Administrator's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Zoning Administrator may be required pursuant to the HBZSO. ZA Minutes— 12/01/99 16 (99ZM1201) INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 99-20 shall not become effective until the ten working day appeal period has elapsed. Because this project is located in the appealable area of the coastal zone, there is an additional ten working day appeal period that commences when the California Coastal Commission receives the City's notification of final action. 2. Coastal Development Permit No. 99-20 shall become null and void unless exercised within one year of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke Coastal Development Permit No. 99-20, 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. 5. 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. 6. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 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. 8. State -mandated school impact fees shall be paid prior to issuance of building permits. ITEM 4: WAIVER OF PARCEL MAP NO.99-199 (PENINSULA MARKETPLACE) APPLICANT/ PROPERTY OWNER: Bill Holman, PLC, 23 Corporate Plaza, Suite 250, Newport Beach, CA 92660 REQUEST: Waiver of parcel map requirements for a subdivision of four parcels for lease and tax purposes only. LOCATION: 19021-19125 Goldenwest Street (southwest corner at Garfield Avenue) PROJECT PLANNER: Ricky Ramos Ricky Ramos, Staff Planner, displayed site plans stating that the request is to subdivide the site into four parcels for lease and tax purposes noting that there is a provision in the code to allow a waiver in this regard. Based upon the foregoing, staff recommended approval of the request. ZA Minutes — 12/01/99 17 (99ZM1201) THE PUBLIC HEARING WAS OPENED. Bill Holman, PLC, 23 Corporate Plaza, Suite 250, Newport Beach, the applicant, expressed acceptance of the conditions of approval and asked if they will need to amend the map. THERE WERE NO OTHER PERSONS PRESENT TO SPEAK FOR OR AGAINST THE REQUEST AND THE PUBLIC HEARING WAS CLOSED. Ms. Broeren stated that she was going to approve the request. WAIVER OF PARCEL MAP NO.99-199 WAS APPROVED BY THE ZONING ADMINISTRATOR WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. SHE 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 15315 of the CEQA Guidelines, because it involves the division of a property located in an urbanized area into four lots for lease and tax purposes only. FINDINGS FOR APPROVAL — WAIVER OF PARCEL MAP NO.99-199: 1. Waiver of Parcel Map No. 99-199 for a subdivision of four (4) parcels at the Peninsula Marketplace commercial center for lease and tax purposes only complies with the requirements as to area, improvements and design, flood water drainage control, appropriate improved public roads, sewer and water facilities, environmental protection, and other requirements of the Subdivision Map Act and Chapter 251 of the Huntington Beach Zoning and Subdivision Ordinance. All required infrastructure and utility improvements for the property were included in the previously approved entitlements for the development. CONDITIONS OF APPROVAL — WAIVER OF PARCEL MAP NO.99-199: 1. The tentative map received and dated September 17, 1999 shall be the approved layout with the following modifications: a. Include a note on the map stating "For lease and tax purposes only and not for property line purposes". b. Include a note on the map stating that actual property lines are shown on Parcel Map No. 97-199. 2. Provide a copy of the revised map pursuant to Condition 1 to the Planning Department for inclusion in the entitlement file. ZA Minutes — 12/01/99 18 (99ZM1201) r-7 1 r_ INFORMATION ON SPECIFIC CODE REQUIREMENTS — WAIVER OF PARCEL MAP NO.99-199: 1. Waiver of Parcel Map No. 99-199 shall not become effective until the ten-day appeal period has elapsed. 2. Waiver of Parcel Map No.99-199 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 Department a minimum 60 days prior to the expiration date. 3. The Zoning Administrator reserves the right to revoke the waiver of Parcel Map No.99-199, pursuant to public hearing for revocation, if any violation of these conditions or the Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. 4. The applicant shall submit a check in the amount of $38 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 2:23 PM BY THE ZONING ADMINISTRATOR TO THE NEXT REGULARLY SCHEDULED MEETING OF THE ZONING ADMINISTRATOR ON WEDNESDAY, DECEMBER 8,1999 AT 1:30 PM. Mar Bet roeren Zoning Administrator :rmk ZA Minutes — 12/01/99 19 (99ZM 1201)